Feds’ suit claims Pennsylvania city’s ‘at-large’ election system is biased against Hispanic voters

The U.S. Justice Department wants a judge to declare that a Pennsylvania city’s method of electing council members citywide instead of by districts has illegally diluted the political power of its growing Hispanic population, arguing in a lawsuit that Hazleton is violating the federal Voting Rights Act.

A complaint filed Tuesday in Scranton federal court claims the “at-large” system “results in Hispanic citizens not having an equal opportunity to participate in the political process and to elect candidates of their choice.”

The Justice Department under outgoing Democratic President Joe Biden is seeking a court order that the city, the five-member City Council and Republican Mayor Jeff Cusat come up with a new system.

Cusat said in an email Wednesday that he had just found out about the lawsuit and that he and other officials were preparing a statement.

City Council President Jim Perry declined to comment on the lawsuit itself but said Hazleton’s growing cohort of Hispanic voters has not turned out in sufficient numbers to get one of their own elected. Perry said there are Hispanic people serving on city boards and authorities.

“They run and they don’t make it,” Perry, a Republican, said in a phone interview Wednesday. “So it just, to me, is you got to vote.”

“The Hispanic population is a growing and important population” in Hazleton, U.S. Attorney Gerard M. Karam said in a news release. “Those citizens should have the ability to choose candidates that represent their interests.”

Hazleton’s 30,000 residents are about two-thirds Hispanic, one third non-Hispanic white and less than 2% non-Hispanic Black, the lawsuit stated. The voting age population of 17,000 is about 53% non-Hispanic white, about 43% Hispanic and nearly 4% non-Hispanic black.

“Hazleton’s Hispanic community, including Spanish speakers who are limited-English-proficient, continue to suffer from the effects of discrimination in education, employment, housing and policing,” the Justice Department argued.

No Hispanic candidate has ever been elected to the Hazleton City Council or appointed to fill a council vacancy, according to the lawsuit. It alleges that “racially polarized voting patterns characterize” council elections, with Hispanic candidates having difficulty raising funds, getting endorsements and being invited to panel discussions and other campaign events.

A separate lawsuit filed a year ago by two Hispanic parents that is currently pending before the same judge, U.S. District Judge Karoline Mehalchick, alleges the at-large system of voting for members of the Hazleton Area School Board also has shut out Hispanic voters in violation of the Voting Rights Act.

The school district filed a response in November that said it has not violated the federal law or “denied or abridged the right of anyone to vote on account of race or color.”