20
BRNOVICH v. DEMOCRATIC NATIONAL COMMITTEE
Opinion of the Court
like “majority vote requirements,” “anti-single shot provisions,” 12 and a “candidate slating process.” 13 See Gingles,
478 U. S., at 37 (internal quotation marks omitted). Factors two, six, and seven (which concern racially polarized
voting, racially tinged campaign appeals, and the election
of minority-group candidates), ibid., have a bearing on
whether a districting plan affects the opportunity of minority voters to elect their candidates of choice. But in cases
involving neutral time, place, and manner rules, the only
relevance of these and the remaining factors is to show that
minority group members suffered discrimination in the
past (factor one) and that effects of that discrimination persist (factor five). Id., at 36–37. We do not suggest that these
factors should be disregarded. After all, §2(b) requires consideration of “the totality of circumstances.” But their relevance is much less direct.
We also do not find the disparate-impact model employed
in Title VII and Fair Housing Act cases useful here. The
text of the relevant provisions of Title VII and the Fair
Housing Act differ from that of VRA §2, and it is not obvious
why Congress would conform rules regulating voting to
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12 Where voters are allowed to vote for multiple candidates in a race for
multiple seats, single-shot voting is the practice of voting for only one
candidate. “ ‘ “Single-shot voting enables a minority group to win some
at-large seats if it concentrates its vote behind a limited number of candidates and if the vote of the majority is divided among a number of candidates.” ’ ” Gingles, 478 U. S., at 38–39, n. 5 (quoting City of Rome v.
United States, 446 U. S. 156, 184, n. 19 (1980)); see also United States
Commission on Civil Rights, The Voting Rights Act: Ten Years After
206–207 (1975).
13 Slating has been described as “a process in which some influential
non-governmental organization selects and endorses a group or ‘slate’ of
candidates, rendering the election little more than a stamp of approval
for the candidates selected.” Westwego Citizens for Better Govt. v. Westwego, 946 F. 2d 1109, 1116, n. 5 (CA5 1991). Exclusion from such a system can make it difficult for minority groups to elect their preferred candidates. See, e.g., White v. Regester, 412 U. S. 755, 766–767, and n. 11
(1973) (describing one example).