Full opinion text
MEMORANDUM OPINION PER CURIAM Introduction Every ten years, after the census, the Florida legislature is required to redraw the State’s congressional districts and the State Senate and House districts to adjust for population shifts. The 2000 census revealed that Florida’s population grew by more than 3 million people during the 1990s. As a result, Florida was apportioned two additional representatives in the United States House of Representatives, and the Florida legislature, which was controlled by a substantial Republican majority in each house, adopted a redistricting plan for the State’s Congressional districts to adjust for the shifts in population and the increase in the number of representatives. On March 27, 2002, Governor John Ellis “Jeb” Bush signed into law House Bill 1998, which established the lines for Florida’s 25 congressional districts. Following the 2000 census, the Republican-controlled Florida legislature also adopted redistricting plans for the State Senate and House districts to adjust for the population changes since the 1990 census. On March 22, 2002, the Florida legislature passed House Joint Resolution 1987, which established the lines for Florida’s 40 Senate districts and 120 House districts. Following the passage of the redistricting legislation, plaintiffs and intervenors brought this action for declaratory and injunctive relief against the Speaker of the Florida House of Representatives, the President of the Florida Senate, the Governor of Florida, the Florida Secretary of State, and the Florida Attorney General. Plaintiffs alleged (1) that the process used to arrive at the redistricting plan was inadequate under the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, because minorities were not given sufficient opportunity to participate; (2) that the reapportionment plan led to the dilution of black voting power in violation of section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973; and (3) that the Florida legislature politically gerrymandered the congressional districts to favor Republicans, thereby violating the lights of Democratic voters guaranteed by the Equal Protection Clause of the Fourteenth Amendment. We address each of these claims in turn. In part I, we address the plaintiffs’ “process” claims. First, we present detailed findings of fact regarding the redistricting process and the opportunity afforded Florida citizens to participate in that process. We conclude that plaintiffs have failed to present sufficient evidence to show that defendants were motivated by discrimination against blacks or Hispanics in deciding what redistricting software or allocation method to use, where to hold public hearings, when to hold public hearings, what type of notice to provide, or whether to consider input from Florida citizens and Democratic legislators in drawing the redistricting plans. Absent such a showing, plaintiffs’ process claims must fail. In part II, we address plaintiffs’ vote dilution claims. We present detailed findings of fact comparing voting behavior by race in performing black districts existing before and after the redistricting process at issue in this litigation. We conclude that in the districts under challenge in this litigation, black candidates of choice will continue to prevail in most elections. We outline the three Gingles preconditions for prevailing on a claim of vote dilution under section 2 of the Voting Rights Act: (1) geographic compactness, (2) political cohesiveness, and (3) bloc voting on behalf of the majority group. Thornburg v. Gingles, 478 U.S. 30, 50-51, 106 S.Ct. 2752, 2766-67, 92 L.Ed.2d 25 (1986). Because it is undisputed that these preconditions are met, section 2 clearly required the drawing of at least some number of districts likely to perform for black candidates of choice. We conclude that the legislature satisfied its section 2 obligation by drawing performing black districts which are, in fact, likely to perform for black candidates of choice. Therefore, under the redistricting plans, black voters will not have “less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice,” 42 U.S.C. § 1973(b) — i.e., black voting power has not been diluted— and plaintiffs have failed to establish a violation of section 2 of the Voting Rights Act. Finally, in part III, we address plaintiffs’ political gerrymandering claims. We begin by holding that the three Gingles preconditions apply to equal protection claims in the political gerrymandering context just as they do in the racial vote dilution context. Next, we address the two-prong Bandemer test for unlawful political gerrymandering — legislative intent to discriminate and discriminatory effects. Davis v. Bandemer, 478 U.S. 109, 127, 106 S.Ct. 2797, 2808, 92 L.Ed.2d 85 (1986). Although we conclude that the Florida legislature intended to draw the congressional districts in a way that favors Republicans, we conclude that plaintiffs have failed to demonstrate discriminatory effects that are serious enough to warrant federal court intervention. Plaintiffs failed to establish the preconditions of geographic compactness, political cohesiveness, and bloc voting on behalf of the majority group. Plaintiffs also failed to establish that, under a totality of the circumstances, the redistricting plan gives Democrats “less opportunity to participate in the political process and to elect candidates of their choice.” Id. at 131, 106 S.Ct. at 2809. Thus, this final claim too must fail. I. The “Process” Claims The Martinez plaintiffs alleged in count I of their second amended complaint that the process, practice, and procedure adopted and employed by Florida’s legislature in conducting redistricting hearings and adopting the state’s congressional and legislative, plans violated the Equal Protection Clause of the Fourteenth Amendment and 42 U.S.C. § 1983. They also alleged a violation of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, based on the same conduct. We refer to these claims as the “process” claims. Because, as we explain below, these claims all require a showing of intentional discrimination, and because the question of discrimination is a question of fact, and not an issue of law, we briefly summarize the legal framework which governs the “process” claims. A. Legal Framework The central purpose of the Fourteenth Amendment, as articulated by cases like Washington v. Davis, 426 U.S. 229, 239, 96 S.Ct. 2040, 2047, 48 L.Ed.2d 597 (1976), is “racial neutrality in governmental decision making.” Clark v. Putnam County, 293 F.3d 1261, 1266 (11th Cir.2002). “[A]s a general rule, ’‘[distinctions between citizens solely because of their ancestry are by their very nature odious to a free people whose institutions are founded upon a doctrine of equality.’ ” Oyama v. California, 332 U.S. 633, 646, 68 S.Ct. 269, 275, 92 L.Ed. 249 (1948) (quoting Hirabayashi v. United States, 320 U.S. 81, 100, 63 S.Ct. 1375, 1385, 87 L.Ed. 1774 (1943)). To prevail on their equal protection claim relating to the redistricting hearing and adoption processes, the Martinez plaintiffs must show, by a preponderance of the evidence, that the Florida legislature acted with racially discriminatory intent. See Washington, 426 U.S. at 240, 96 S.Ct. at 2048 (noting that school desegregation cases have “adhered to the basic equal protection principle that the invidious quality of a law claimed to be racially discriminatory must ultimately be traced to a racially discriminatory purpose”); Village of Arlington Heights v. Metropolitan House. Dev. Corp., 429 U.S. 252, 265, 97 S.Ct. 555, 563, 50 L.Ed.2d 450 (1977) (“Proof of racially discriminatory intent or purpose is required to show a violation of the Equal Protection Clause.”); cf. Crawford-El v. Britton, 523 U.S. 574, 592-94, 118 S.Ct. 1584, 1594, 140 L.Ed.2d 759 (1998) (rejecting argument that where state of mind is an element of a constitutional claim, mens rea must be shown by clear and convincing evidence). Although the Martinez plaintiffs need not establish that a racially discriminatory motive was the sole or primary purpose, they have to establish that it was a motivating factor of the challenged process. See Village of Arlington Heights, 429 U.S. at 265, 97 S.Ct. at 563 (noting that a plaintiff need not prove that a “challenged action rested solely on racially discriminatory purposes”); Garza v. County of Los Angeles, 918 F.2d 763, 771 (9th Cir.1990) (holding that the redistricting plan of county supervisor districts violated the Equal Protection Clause where the supervisors who drew the districts were motivated by both an intent to fragment the Hispanic voting population and an intent to preserve incumbencies, because “discrimination need not be the sole goal in order to be unlawful”) (citing Arlington Heights, 429 U.S. at 265, 97 S.Ct. at 555). The fact that biased state decision makers may have had other motives that were not discriminatory does not make their conduct any less intentional. See, e.g., Barnett v. Daley, 32 F.3d 1196, 1199 (7th Cir.1994) (holding that “the fact that discrimination may have an ulterior motive that is not discriminatory does not make it any the less intentional” for equal protection purposes in a challenge to a redistricting plan of city alderman wards). Once the Martinez plaintiffs establish a prima facie case of discrimination, the defendants may only overcome the presumption of unconstitutional action by showing that permissibly neutral criteria and procedures produced the discriminatory result. See Washington, 426 U.S. at 241, 96 S.Ct. at 2048. An invidious discriminatory racial purpose need not be express, and “may often be inferred from the totality of the relevant facts including the fact, if it is true, that the law bears more heavily on one race or another.” Washington, 426 U.S. at 241-42, 96 S.Ct. at 2048-49. The factors that may be probative of a discriminatory purpose or intent include: (i) the impact of the official action; (ii) the historical background of the decision, particularly if it reveals a series of official actions taken for invidious purposes; (iii) a specific sequence of events leading up to the challenged decision; (iv) departures from normal procedural sequences; and (v) substantive departures from factors usually considered important by the decision maker and which strongly favor a decision contrary to the one reached. See Village of Arlington Heights, 429 U.S. at 266-67, 97 S.Ct. at 564-65. Like the equal protection claim, the Title VI and section 1983 claims are dependent on a showing of intentional discrimination. First, Title VI provides no greater protection than the Equal Protection Clause. See United States v. Fordice, 505 U.S. 717, 732 n. 7, 112 S.Ct. 2727, 2737 n. 7, 120 L.Ed.2d 575 (1992) (“Our cases make clear and the parties do not disagree that the reach of Title Vi’s protection extends no further than the Fourteenth Amendment.”); Elston v. Talladega County Bd. of Educ., 997 F.2d 1394, 1405-06 n. 11 (11th Cir.1993) (“Since Title VI itself provides no more protection than the Equal Protection Clause — both provisions bar only intentional discrimination — we will not engage in a separate discussion of the Title VI statutory analysis, as such an inquiry would duplicate our equal protection analysis.”). Second, it is well settled that a section 1983 plaintiff must show a violation of a right secured by the Constitution or federal law in order to prevail. See, e.g., Collins v. City of Harker Heights, 503 U.S. 115, 120-22, 112 S.Ct. 1061, 1066-67, 117 L.Ed.2d 261 (1992); Baker v. McCollan, 443 U.S. 137, 140, 99 S.Ct. 2689, 2692, 61 L.Ed.2d 433 (1979); Monteiro v. Tempe Union High School Dist., 158 F.3d 1022, 1026 (9th Cir.1998). A “finding of intentional discrimination is a finding of fact” subject to clearly erroneous review. Anderson v. City of Bessemer City, 470 U.S. 564, 573, 105 S.Ct. 1504, 1511, 84 L.Ed.2d 518 (1985); see also, e.g., Easley v. Cromartie, 532 U.S. 234, 241-58, 121 S.Ct. 1452, 1458-66, 149 L.Ed.2d 430 (2001) (reviewing, under the clearly erroneous standard, finding of three-judge court that congressional redistricting plan was racially motivated). We therefore proceed to make our subsidiary findings of fact and our ultimate findings on the issue of intentional discrimination. B. Preliminary Findings of Fact FOR THE “PROCESS” CLAIMS 1. The Parties 1. Raul L. Martinez is an Hispanic resident and the Mayor of Hialeah, Florida. Mr. Martinez is a voter registered as a Democrat and a resident of Congressional District (“CD”) 21, Florida Senate District (“SD”) 39, and Florida House District (“HD”) 110. 2. George Maurer is a resident of Monroe County, Florida, and a resident of former CD 20 and new CD 18, HD 120, and SD 40. Mr. Maurer is a registered Democrat, is presently the Chair of the Lower Keys & Key West Democratic Club, the Vice-Chair of the 20th Congressional District Democratic Organization, a Monroe County Democratic State Committeeman, and a member of the Florida State Democratic 'Central & Executive Committees. 3. Victor T. Curry is a black resident of Miami-Dade County, Florida. Mr. Curry is a voter registered as a Democrat and a resident of CD 17 and HD 109. 4. Hattie D. Harden is a black resident of Broward County, Florida. Ms. Harden is a voter registered as a Democrat and resident of former and new CD 23. 5. The Southwest Voter Registration Education Project, Inc. (“SVREP”) is a national, non-partisan organization headquartered in San Antonio, Texas, which supports voter registration throughout the country. SVREP has an office in Miami, Florida, but does not represent individuals or have individual members. Alvaro Fernandez presently serves as Executive Director of SVREP for the State of Florida, and has been involved with SVREP since September of 2000. Mr. Fernandez, a Cuban-American, has lived in Miami, Florida, for approximately the past 40 years. Prior to his work with SVREP, Mr. Fernandez was Special Assistant to Mayor Martinez of the City of Hialeah, has been a political candidate for the Florida House of Representatives, and has been a candidate for the position of county commissioner. SVREP maintains a database containing the names of many of those with whom it has worked over the years and regularly stays in contact with the persons listed therein through the regular circulation of letters, e-mails, and newsletters. The Florida Chapter of SVREP has been active in various communities throughout the State of Florida, including Miami-Dade County, Broward County, Palm Beach County, and several areas surrounding the City of Orlando. The organization has focused its attention on these areas of the State, in part, because of the surge in Hispanic residents therein. From the time of its inception to the present date, the Florida Chapter of SVREP has been successful in registering between 5,000 and 10,000 new voters in the State of Florida. On behalf of SVREP, Mr. Fernandez attended a number of the public redistricting hearings throughout the state (e.g., Tallahassee, Tampa, Orlando, Palm Beach, and Miami (two)). 6. Robert Poe is the Chairman of the Florida Democratic Party and a registered Democrat. 7. James O. Brown is a black resident of Duval County, Florida. Mr. Brown is a voter registered as a Democrat and a resident of former and new CD 3, former SD 2 (renumbered SD 1 in the new legislative redistricting plan), and former and new HD 15. 8. State Senator Betty Holzendorf is a black resident of Duval County, Florida. Senator Holzendorf is a voter registered as a Democrat and a resident of former and new CD 3 and SD 2 (renumbered SD 1 in the new legislative redistricting plan). 9. Carl Warren is a black resident of Hillsborough County, Florida. Mr. Warren is a voter and a resident of SD 21 (renumbered SD 18 in the new legislative redistricting plan). 10. State Representative E. Denise Lee has been a candidate for HD 15 and may be a candidate for SD 1. 11. State Representative Gary Siplin is a black resident of Orange County, Florida. Representative Siplin is a voter registered as a Democrat and a resident of former and new CD 3 and former and new HD 39. 12. State Representative Matthew Meadows N a black resident of Broward County, Florida. Representative Meadows is .a voter registered as a Democrat and a resident of former and new HD 94. 13. State Representative Dorothy Ben-dross-Mindingall is a black resident of Miami-Dade County, Florida. Representative Bendross-Mindingall is a voter registered as a Democrat and a resident of former and new CD 17 and former and new HD 109. 14. Richard P. Dunn, III, is a black resident of Miami-Dade County, Florida. Mr, Dunn is a voter registered as a Democrat and a resident of former and new CD 3 and HD 109. 15. Enid Pinkney is a black resident of Miami-Dade County, Florida. Ms. Pink-ney is a voter registered as a Democrat and a resident of former and new CD 3 and HD 109. 16. Jacqui Coyler is a black resident of Miami-Dade County, Florida. Ms. Coyler is a voter registered as a Democrat and a resident of former and new CD 3 and HD 109. 17. The Unrepresented People’s Positive Action Council, Inc., (“UPPAC”) is a not-for-profit Florida corporation headquartered in Miami-Dade County, Florida. UPPAC’s goals include encouraging participation by members of the black community in the political process. 18. Alexander Kelly is a black resident of Miami-Dade County, Florida. Mr. Kelly is a voter registered as a Democrat and a resident of former and new CD 3 and HD 109. Mr. Kelly is a member of UP-PAC. 19. Maria B. Reckley is a black resident of Miami-Dade County, Florida. Ms. Reckley is a voter registered as a Democrat and a resident of former and new CD 3 and HD 103. Ms. Reckley is a member of UPPAC. 20. Philippe Derose is a black resident of Miami-Dade County, Florida. Mr. De-rose is a voter registered as a Democrat and a resident of former and new CD 3 and HD 108. 21. Nury Molina is an Hispanic resident of Miami-Dade County, Florida. Ms. Molina is a voter registered as a Democrat and a resident of CD 18 and HD 119. 22. State Representative Cindy Lerner is a resident of Miami-Dade County, Florida. Representative Lerner is a voter registered as a Democrat, a resident of former HD 119, and the representative in Florida’s House of Representatives for former HD 119. Representative Lerner was elected to the Florida House of Representatives during the 2000 election year, beating her Republican opponent by a margin of about 700 votes. 23. Patrick Vilar is an Hispanic resident of Miami-Dade County, Florida. Mr. Vilar is a voter registered as a Democrat and a Democratic candidate for new HD 116. 24. Lorenzo S. Ruiz is an Hispanic resident of Miami-Dade County, Florida. Mr. Ruiz is a voter registered as a Democrat and a resident of CD 21. 25. Jose A. Paez is an Hispanic resident of Miami-Dade County, Florida. Mr. Paez is a voter registered as a Democrat and a resident of CD 18 and HD 107. 26. Lavita Holmes is a black resident of Hendry County, Florida. Ms. Holmes is a voter registered as a Democrat and a resident of former and new CD 23. 27. Congressman Peter R. Deutsch is a resident of former and new CD 20 and is a registered Democrat. Representative Deutsch is' a member of the United States House of Representatives for former CD 20, and has served in the House since 1992. Immediately prior to his service in the House, Representative Deutsch was a 10-year member of the Florida House of Representatives. Throughout his years as a legislator, Representative Deutsch has had extensive experience in issues relating to redistricting and has even served as chairman of the Congressional Reapportionment Committee in the Florida House of Representatives. 28. Ida Scott is a black resident of Hallandale, Florida. Ms. Scott is a voter registered as a Democrat and a resident of former CD 23 and new CD 17, HD 101, and SD 29. 29. Josh Brown is a black resident of Hallandale, Florida. Mr. Brown is a voter registered as a Democrat and a resident of former CD 23 and new CD 17, HD 99, and SD 29. 80. Bobbi Grace is a black resident of Dania, Florida. Ms. Grace is a voter registered as a Democrat and a resident of former CD 23 and new CD 20, HD 99, and SD 29. 31. Wayne Johnson is a resident of Lauderhill, Florida. Mr. Johnson is a voter registered as a Democrat and a resident of former CD 19 and new CD 20, HD 97, and SD 32. 32. Isadore Nachimson is a resident of Century Village, Pembroke Pines, Florida. Ms. Nachimson is a voter registered as a Democrat and a resident of former CD 20 and new CD 23, HD 101, and SD 32. 33. Ruby Lobben is a black resident of Lauderhill, Florida. Ms. Lobben is a voter registered as a Democrat and a resident of former CD 19 and new CD 23, HD 101, and SD 32. 34. William Totin is a resident of Laud-erhill, Florida. Mr. Totin is a voter registered as a Democrat and a resident of former CD 20 and new CD 23, HD 97, and SD 33. 35. Natalie Mayeri is a resident of Century Village, Pembroke Pines, Florida. Ms. Mayeri is a voter registered as a Democrat and a resident of former CD 20 and new CD 23, HD 101, and SD 32. 36. Jose I. Perez is a resident of Pembroke Pines, Florida. Mr. Perez is a voter registered as a Democrat and a resident of former CD 20 and new CD 21, HD 101, and SD 32. 37. Joseph F. Garcia is a resident of Surfside, Florida. Mr. Garcia is a voter registered as a Democrat and a resident of former CD 22 and new CD 18, HD 106, and SD 38. 38. Jacqueline Rubin is a resident of Surfside, Florida. Ms. Rubin is a voter registered as a Democrat and a resident of former CD 22 and new CD 18, HD 106, and SD 38. 39. Alex G. Fekete is the Mayor of Pembroke Pines, Florida. Mayor Fekete also serves on the Board of Directors for the Florida League of Cities and the National League of Cities and is a member of the U.S. Conference of Mayors. 40. The City of Pembroke Pines is located in Broward County, Florida, and has experienced very fast growth in the last decade, going from 65,000 residents in 1990 to over 140,000 today. Pembroke Pines was entirely within the former CD 20, but will now be in parts of four néw CDs (new CDs 17, 20, 21, and 23). 41. Claudia Davenport is a voter registered as a Democrat. Ms. Davenport resides in Everglades, Collier County, Florida. Ms. Davenport resides in former CD 14, HD 102, and SD 29. Ms. Davenport attended and spoke at the public redistricting hearing at Naples High School on September 24, 2001, and communicated with the Redistricting Committee via e-mail. 42. Gerald R. Rizzo is a white, non-Hispanic resident of St. Petersburg, Pinel-las County, Florida. Mr. Rizzo is a voter registered as a Democrat. Mr. Rizzo resides in former CD 10 and new CD 11. 43. John Ellis Bush is the Republican Governor of the State of Florida. 44. Tom Feeney is the Republican Speaker of the Florida House of Representatives. 45. John McKay is the Republican President of the Florida Senate. 46. Katherine Harris is the former Republican Secretary of State for the State of Florida. 47. Robert Butterworth is the former Democratic Attorney General for the State of Florida. 2.The 2000 Census 48. Florida’s population grew by more than 3 million people during the 1990s. As a result of the 2000 census, Florida was apportioned two additional representatives in the United States House of Representatives, bringing the total to 25. The total population of the State of Florida in 1990 was 12,937,926. The 2000 population was 15,982,378, which represents an increase of 3,044,452 persons or 23.52% over the 10-year period. 49. The 2000 census documented that some areas of Florida had grown more rapidly than others. 3.The Legislature’s Redistricting Plans 50. On March 22, 2002, the Florida legislature, which is controlled by Republicans in both the State House and State Senate, passed House Joint Resolution 1987. This state legislative plan established the lines for Florida’s 120 House districts and 40 Senate districts. 51. The maps and statistics for the state legislative plan are set forth in Speaker’s Exhibit 162, “Plan H062H001 Census and Election Statistics (House)”; Speaker’s Exhibit 79, attached CDs LI (House Districts) & L2 (Senate Districts); Speaker’s Exhibit 135, “Notebook of District-by-District Analyses of House Districts 1 — 120”; and Martinez Exhibits 77-A, 77-B, & 77-C. 52. On March 27, 2002, Governor Bush signed into law House Bill 1993. This redistricting plan established the lines for Florida’s 25 congressional districts. 53. The maps and statistics for the enacted congressional plan are set forth in Speaker’s Exhibits 68 & 69, “Maps, Statistics, FREDS file of Plan S19C0017 and Individual Districts in Plan.” 54. The districts in the congressional plan have populations of either 639,295 or 639,296 persons. 4.Pre-Clearance Under Section 5 of the Voting Rights Act 55. By letter dated April 29, 2002, and pursuant to section 5 of the Voting Rights Act, 42 U.S.C. § 1973c, Governor Bush, Speaker Feeney, and President McKay submitted the congressional plan and Speaker Feeney and President McKay submitted the state legislative plan to the United States Department of Justice for pre-clearance. 56. On May 3, 2002, the Florida Supreme Court issued its opinion validating the state legislative districts under article III, section 16 of the Florida Constitution and following limited review of applicable principles arising under the United States Constitution. See In re Constitutionality of House Joint Resolution 1987, 817 So.2d 819 (Fla.2002). In its opinion, the Florida Supreme Court found that “the maximum percentage deviation between the largest and smallest number of people per [House district] (statistical overall range) is 2.79%.” Id. at 825. Jn contrast, “the maximum percentage deviation between the largest and smallest number of people per [Senate district] (statistical overall range) is 0.93%.” Id. at 826. The Florida Supreme Court thus held that “the Legislature has achieved a mathematical preciseness in the districts that complies with the equal protection requirements of both the Florida and United States Constitutions.” /¿.The Florida Supreme Court also said, among other things, that due to time constraints it was not able to rule on fact-intensive federal challenges to the state legislative districts, including claims of political gerrymandering under the Fourteenth Amendment’s Equal Protection Clause and claims based on section 2 of the Voting Rights Act, 42 U.S.C. § 1973. See id. at 828-29. Such challenges, the Florida Supreme Court said, would have to be brought in a court of “competent jurisdiction.” Id. at 829. 57. On May 14, 2002, Attorney General Butterworth filed suit in the United States District Court for the District of Columbia, initially asking for a declaration regarding the validity of the various redistricting plans under section 5 of the Voting Rights Act, and then amending his complaint to request a declaration of validity. See Florida v. United States, Case No. 1:02 CV 00941 (D.D.C.2002) (the “D.C. action”). A three-judge court was then impaneled in the District of Columbia pursuant to 28 U.S.C. § 2284. 58. On May 15, 2002, certain Martinez plaintiffs — Mr. Warren, Ms. Holmes, and SVREP — along with Representative Alcee Hastings and the UNO Federation for Community Services, Inc., moved to intervene as plaintiffs in the D.C. action. These Martinez plaintiffs alleged, in part, that the section 5 submissions by Governor Bush, Speaker Feeney, and President McKay were improper because they were not made by Attorney General Butter-worth. On May 28, 2002, the three-judge court in the D.C. action granted the motion to intervene, but aligned the intervenors as defendants. 59. On May 24, 2002, the Deutsch in-tervenors — Representative Deutsch, Ms. Grace, Mr. Totin, Mr. Johnson, Ms. Lob-ben, Ms. Mayeri, Ms. Nachimson, and Mr. Rizzo — moved to intervene in the D.C. action as defendants. 60. On May 29, 2002, Governor Bush, Speaker Feeney, and President McKay moved to intervene in the D.C. action as plaintiffs. 61. In the D.C. action, the Department of Justice took the position that the pre-clearance submission had been properly made by Governor Bush, Speaker Feeney, and President McKay. 62. On June 4, 2002, the three-judge court granted the motions to intervene filed by Governor Bush, Speaker Feeney, and President McKay and by the Deutsch intervenors, aligning the Governor, the Speaker, and the President as plaintiffs and the Deutsch intervenors as defendants. 63. On June 7, 2002, the United States Department of Justice pre-cleared Florida’s congressional redistricting plan, stating by letter that the Attorney General “d[id] not interpose any objection” to that plan. By directing the letter to Governor Bush, Speaker Feeney, and President McKay, the Department of Justice apparently concluded that the submission of the congressional plan by these Florida officials did not constitute a change in voting procedure that had to be pre-cleared pursuant to section 5. 64. On June 7, 2002, the Governor, the Speaker, and the President moved on an emergency basis to dismiss the D.C. action as moot. 65. On June 10, 2002, the United States also moved to dismiss the D.C. action as moot. 66. On June 13, 2002, the three-judge court in the D.C. action granted the motions to dismiss filed by the United States, Governor Bush, Speaker Feeney, and President McKay, and dismissed all pending claims in that action as moot. 67. By virtue of the dismissal, the three-judge court in the D.C. action rejected the claim raised by the intervening Martinez plaintiffs that the submission of the congressional plan by Governor Bush, Speaker Feeney, and President McKay constituted a change in voting procedure that had to be pre-cleared pursuant to section 5. This dismissal therefore includes the claim raised in count XV of the Martinez plaintiffs’ second amended complaint, and constitutes an adjudication of the issue of whether the submission by Governor Bush, Speaker Feeney, and President McKay was proper under section 5 and a finding that their submission was proper. 68. On June 20, 2002, the Department of Justice pre-cleared Florida’s State Senate redistricting plan. 69. On July 1, 2002, the Department of Justice, by letter, interposed an objection to Florida’s State House plan, concluding that proposed HD 101 was retrogressive within the meaning of section 5 of the Voting Rights Act. Due to this objection, we held an emergency evidentiary hearing and issued an order adopting an interim State House plan that had been proposed by Speaker Feeney. See Order Granting Speaker’s Motion for Emergency Relief and Adopting Interim Remedial State House Plan [D.E. 315]. We directed See-retary Harris to conduct the 2002 elections under this interim remedial plan. 5. The Redistricting Process 70. Florida began the redistricting process in 2001. The legislature prepared the technological groundwork for redistricting, held a series of 24 public hearings throughout Florida, and then enacted redistricting legislation. During the 1991— 1992 redistricting process, 33 public hearings and at least one statewide teleconference were held throughout Florida. 71. Both the House and Senate established redistricting websites. These websites made the following information available to the public: • The names and districts of committee members for each of the redistricting committees. • Every plan submitted by any member of the legislature. • A committee and council meeting time-line, along with transcripts and meeting packets that were utilized in any of the meetings. • A public hearings timeline, with information about the specific locations and times of each of the public hearings to be held. • A public hearings archive including downloadable information following each of the public hearings. • The constitutional requirements for redistricting Florida’s legislative districts under the Florida Constitution. • News and press releases regarding the redistricting process. • A “Frequently Asked Questions” (“FAQ”) page with information regarding the 2000 census data. • Florida census data and a 54-page slide presentation providing an overview of Florida census data and trends. • Information on the FREDS 2000 software, including: an order form, installation instructions, a dataset with Florida redistricting information to be integrated for use with the software, a downloadable update to the software, and a page dedicated to providing tutorial and other information to assist users of the software. • Information on how to contact the House and Senate Redistricting Committees and their staffs. 72. The times and dates of the public hearings were advertised in newspapers, as well as listed on the redistricting websites, though the timing of the announcements posted on the websites was not coordinated with the timing of the notices advertised in the media. The newspapers in which the public hearings were advertised are the Tallahassee Democrat, Florida Times-Union, Orlando Sentinel, Dayto-na News-Journal, Tampa Tribune, The Ledger, The Stuart News, Palm Beach Post, Sarasota Herald Tribune, Naples Daily News, Ft. Myers News Press, Miami Herald/El Nuevo Herald, Ft. Lauderdale Sun Sentinel, Pensacola News Journal, and the Gainesville Sun. Most of the newspaper advertisements were published only 2-3 days before the scheduled public hearing. 73. The websites provided hearing times and locations, as well as the protocol and procedure for the hearings. The websites encouraged persons unable to attend the meetings to submit written testimony and plans to the House or Senate Redistricting Committee, and also provided contact information so that members of the public could contact the committees either before or after the public hearings. 74. The legislative leadership did not conduct any public meetings, workshops, or committee meetings to discuss the 2001 public hearing process or the selection of the hearing sites before the schedule was presented to the public and Democratic members of the legislature. 75. The public hearings took place between July 12, 2001, and October 16, 2001, in Tallahassee (July 12 from 10:00 a.m. to 1:15 p.m.), Jacksonville (August 6 from 6:00 p.m. to 8:50 p.m.), Ocala (August 7 from 1:30 p.m. to 4:30 p.m.), Orlando (August 20 from 6:00 p.m. to 11:05 p.m.), Daytona Beach (August 21 from 10:00 a.m. to 12:45 p.m.), Tampa (August 27 from 9:30 a.m. to 1:35 p.m.), Clearwater (August 27 from 5:00 p.m. to 7:05 p.m.), Lakeland (August 28 from 1:30 p.m. to 3:00 p.m.), Vero Beach (September 5 from 9:00 a.m. to 11:20 a.m.), West Palm Beach (September 5 from 4:00 p.m. to 6:40 p.m.), Delray Beach (September 6 from 6:00 p.m. to 9:10 p.m.), Wachula (September 20 from 2:00 p.m. to 3:00 p.m.), Sarasota (September 21 from 9:00 a.m. to 11:00 a.m.), LaBelle (September 24 at 10:00 a.m.), Naples (September 24 from 6:00 p.m. to 8:45 p.m.), Ft. Myers (September 25 at 1:00 p.m.), Pembroke Pines (October 1 at 9:00 a.m.), Ft. Lauderdale (October 1 at 5:00 p.m.), Miami (October 2 at 4:00 p.m.), Miami (October 3 at 3:00 p.m.), Key Largo (October 3 at 10:00- a.m.), Pensacola (October 15 at 6:00 p.m.), Panama City (October 16 at 11:00 a.m.), and Gainesville (October 16 at 6:00 p.m.). Some citizens, including some minority citizens, were unaware of the hearings and/or were unable to attend the hearings in their respective areas because of the time of the hearings. There were no official interpreters at the hearings, and no announcements about interpreters were posted prior to the hearings, but some bilingual legislative staff members were available at the sign-in table at some of the hearings (e.g., the hearings in Miami) to translate in Spanish or Creole if someone requested assistance. 76. After several requests of State Senator Debbie' Wasserman-Schultz — a Democratic member of the legislature — a second public hearing was conducted in Broward County. The Republican leadership, however, rejected the requests of several Democratic legislators that additional hearings be held in the southern portion of Miami-Dade County. 77. Only one public hearing was held in a predominantly black community in Miar mi-Dade County. This hearing was held at Miami Central High School on October 2, 2001, and began at 4:00 p.m. 78. Only one public hearing, convened on October 3, 2001, at 3:00 p.m. at Florida International University, was held in a predominantly Hispanic community in Miami-Dade County. Through Mayor Martinez, the City of Hialeah — -which is predominantly Hispanic — offered to host a public hearing free of charge, but no hearing was held in the city. 79. Those public hearings that were held after 5:00 p.m. had the greatest participation of blacks and Hispanics. 80. Approximately 4,500 people attended the 24 public hearings in 2001, .three times the number of people that attended the 33 redistricting hearings in 1991-1992. Over 1,000 people spoke at the 2001 public hearings, in contrast to the fewer than 400 people who spoke at the 1992 hearings. In the 1991-1992 cycle, approximately 17 legislators attended each meeting; in the 2001-2002 cycle, approximately 26 legislators attended. 81. The 2001 hearings consisted of an overview of the legal parameters of redistricting, a brief census overview outlining demographic facts in summary form, and public testimony, which included opportunities for legislators to ask clarifying questions. The public, however, was not permitted to pose questions to the legislators, and the legislators were not allowed to ask the public substantive questions. 82. The public hearing transcripts indicate that the appropriate protocol for the hearings was followed, and that such protocol was explained to the public prior to the hearings. 83 Following the public hearings, the redistricting committee websites made the following information available for downloading by the general public (and, of course, any legislators): (1) either an audio or video recording of the hearing; (2) a written transcript of the hearing; (3) the slide presentation made at the hearing; and (4) any public documents made available at the hearings and submissions (e.g., correspondence) from the public. 84. In addition to the public hearings, hundreds of letters and e-mail communications were received from the public. 6. The FREDS Redistricting Software 85. As part of its redistricting efforts, the Florida legislature developed the Florida Redistricting System or “FREDS” software, starting the development process in late 1997 or the beginning of 1998. Development of FREDS was a joint House and Senate project coordinated by John Guthrie, Florida Senate Staff Director for Systems Operations and Training, and Todd Thomson, Florida House Staff Director of the House Redistricting Committee. 86. Mr. Guthrie is a career public servant who has worked for the Florida legislature for 14 years. For the past 13 years, Mr. Guthrie has worked for the Florida Senate, under both Democratic and Republican Senate leadership. Additionally, Mr. Guthrie worked with the Martinez plaintiffs’ counsel, Norman Powell, Esq., on behalf of the Democratic majority in the 1991-1992 Florida redistricting, and worked with the Martinez plaintiffs’ expert, Dr. Alan Lichtman, in defending Florida’s redistricting plans in 1994-1996. 87. In 2001-2002, members of the legislature and the public had access to redistricting information and technology through FREDS. No other state in the country provided affordable redistricting software for personal computers to the general public. 88. The purpose of FREDS was to create a program for drawing and reviewing districting plans that would be easy to use by both the legislature and the public. Though FREDS was initially intended as a tool for the legislature in the redistricting process, it was recognized from the outset that FREDS could be made available to the public. 89. FREDS contained data from the 1990 and 2000 censuses and Florida election results. The census data included population counts broken down by race, including voting-age population, and registration counts broken down by party, gender, age, and race; the election data included actual election results for Florida elections in 1992, 1994, 1996, 1998, and 2000. 90. In 2000, based upon census guidelines, citizens could self identify with respect to race by choosing one or more of six options. To accommodate the 2000 census reporting options the United States Office of Management and Budget (“OMB”) and the United States Department of Justice (“DOJ”) issued guidelines with respect to allocation of minorities. Specifically, the DOJ guidelines set forth the allocation methodology appropriate for civil rights enforcement. FREDS incorporated the federal allocation guidelines. In July of 2000, the allocation method utilized by FREDS was discussed with Joe Rich, Chief of the Voting Rights Section of the DOJ and received a “positive” reaction. Due to the use of the DOJ and OMB guidelines, FREDS did not have a separate category for “Single-Race Black,” though information for such a category was available in the 2000 census. Instead, FREDS had the following population categories: “Non-Hispanic Black;” “Hispanic Black;” “Hispanic;” “Single-Race White;” and “Other.” 91. FREDS uses a disaggregation method (an estimation technique) for applying precinct data to census blocks. This disaggregation method used by the legislature — which seeks to take information from a larger geographic level and import the character of that data to a smaller geographic level' — is consistent with past practice, and is an appropriate method for applying election results to census blocks in Florida. 92. A potential alternative method for applying voter registration counts to census blocks is known as geocoding. Geocoding involves the use of voter registration data, which includes address information, from the Florida central voter files, to match voters with their addresses and place them within census blocks. A state employee attempted to geocode the central voter file, but he did not know the particulars of which county or counties were selected and what methods were used. Mr. Guthrie asked Florida’s Office of Demographic and Economic Research (“ODER”) to attempt to geocode the election information to the census block level. The ODER reported, however, that it was unable to geo-code “15 to 20 percent of the voters” to their census blocks. Mr. Guthrie therefore decided to use the disaggregation method. 93. In order to disaggregate election information from the precinct level to the census block level, the FREDS development team relied upon an assumption of homogenous distribution of population for every census category within a census block. 94. The FREDS development team did not develop or have an understanding of what the margin of error was for the assumption of homogenous census geography relied upon in developing FREDS. 95. The Martinez plaintiffs’ second expert, Dr. Gerald Webster, testified in his deposition that it was not possible to geo-code the data. There is no testimony by the Martinez plaintiffs’ experts suggesting that disaggregation is not an appropriate methodology. In fact, some of the Martinez plaintiffs’ experts used the district level estimates derived using the FREDS disaggregation method. 96. On July 12, 2001, a beta version of FREDS was released to members of the legislature, as well as to the public, for full scale testing. This initial release revealed that FREDS was incompatible with older versions of Microsoft Internet Explorer. FREDS, for example, crashed the City of Hialeah’s computer. The necessary Internet Explorer update, however, was available at no cost on the Microsoft website long before the July 12, 2001, beta release of FREDS. In any event, the problem was diagnosed within hours of the release of FREDS, and the method of resolving it was publicized by posting the information on the redistricting websites and directly calling the 20 or so members of the public that had purchased FREDS at that time. 97. The FREDS software costs $20, in contrast to commercially' available programs that could be used to draw district lines, such as Maptitude, which costs $3,500 and requires additional expenditures before it can be used for redistricting. 98. Despite its low cost, less than 300 people purchased the FREDS software. 99. The computer requirements for running FREDS are not substantial. At the time of trial, a computer with capabilities exceeding the requirements for running FREDS — a Windows 98 or higher operating system, a 300 megahertz or higher processor, and RAM of 64 megabytes or higher — could be purchased for less than $500. 100. In addition to selling the software for $20, FREDS was made available to the public through distribution to 508 public libraries across the state of Florida, 28 depository libraries, every public and private college library, and supervisors of elections in each county. FREDS was also available at no cost on the redistricting websites. 101. Training on how to use FREDS was made available in a variety of ways. After it was suggested that training be provided at the August 27, 2001, public hearing in Clearwater, assistance and training were available at each public hearing from that date forward for about an hour prior to the start of the hearing. These were not formal training sessions or classes, however, and consisted of Mr. Guthrie and others answering the questions of citizens who dropped by. The software package includes a 138-page help manual and a tutorial. This manual was available for viewing and downloading on the redistricting websites. 102. None of the traditional methods of contacting one’s legislator were curtailed or affected by FREDS or the redistricting process used by the legislature. Accordingly, any Floridian with concerns about redistricting was able to visit, telephone, and write to his or her legislator, in addition to the additional methods provided through the distribution of FREDS, the public hearings, and the establishment of the House and Senate redistricting websites. 7. The Redistricting Plans 103. The legislature reached out to specific voting rights and public interest groups. On December 21, 2001, Representative Johnnie B. Byrd, Jr., Chairman of the House Procedural and Redistricting Council, sent a letter to the Florida Democratic and Republican Parties, Common Cause, the Florida State Conference of NAACP Branches, the Florida League of Women Voters (both statewide and the Tallahassee chapter), and the American Federation of State, County and Municipal Employees. In the letter, Chairman Byrd invited these organizations to participate in the redistricting process: In the continuing spirit of having the most fair and open redistricting in Florida’s history I would like to personally invite you to our redistricting committee meetings on January 7, 2002 to present your view on the maps that have been proposed thus far and offer any redistricting plans or ideas that your organization has developed. These committee meetings will serve as yet another opportunity for the public to have their voice heard on redistricting matters. 104. On January 7, 2002, the Florida State Conference of NAACP Branches (“NAACP”) responded to Chairman Byrd’s letter with a memorandum to the House Redistricting Committee, noting that while the “NAACP usually includes alternative redistricting plans” when it presents analysis of redistricting plans being considered by state and local jurisdictions, it was “not necessary” to do so at that point in Florida’s redistricting process, based on the plans already proposed. 105. The NAACP further observed that “Florida has done a better job than many states” in its endeavor to comply with section 2 of the Voting Rights Act. The letter also provided the NAACP’s analysis of plans under consideration at that time. 106. On January 22, 2002, Representative Mario Diaz-Balart, Chairman of the House Congressional Redistricting Committee, sent another letter to the NAACP, thanking it for the memorandum and inviting NAACP participation in a committee meeting to workshop and discuss the memorandum. 107. There were four House committees that were responsible for drafting and approving the House legislative and congressional plans for full chambers consideration. These were the House Procedural and Redistricting Council (“Procedural”), House Congressional Redistricting Committee (“Congressional”), House Redistricting Committee (“House”), and Senate Redistricting Committee (“Senate”) (collectively the “House Committees”). Speaker Feeney appointed each member of the House Committees and each of those committees had at least a majority of Republicans. The partisan break down for each House Committee was as follows: Procedural (13 Republicans and 6 Democrats); House (6 Republicans and 3 Democrats); and Senate (4 Republicans and 3 Democrats). No Democrat chaired or co-chaired a House Committee. No amendment to the House Committees’ maps that was introduced by a Democratic committee member or member of the House was ever adopted. No Democratic member’s amendment was ever adopted during the House floor debate on the committees’ maps. 108. In total, the House Committees (e.g., House, Senate, and Congressional) held 16 meetings between October of 2001 and February of 2002 to discuss the concepts being presented by various plans and any amendments that had been filed. 109. During this time, the legislative leadership announced that the staff of the redistricting committees was available to assist any member of the legislature in understanding demographic, legal, or other relevant issues. All members were encouraged to engage in the process by filing plans and plan amendments, and to utilize the committee staff. Each of the plans filed was posted on the Internet and available for public review and comment. 110. There were few maps proposed by the public that were sponsored by legislative members. 111. Proposed congressional and state redistricting plans were filed for consideration by Representative William F. Andrews (H087H001 and H087H002);' Representative Anna Holliday Benson (H003H001 and H003H002); Representative Phillip J. Brutus (H108H001 and H108H002); Representative' Byrd, Jr. (H062H001, H062S001, and H062C002); Representative Larry Crow (H049H001 and H049H002); Representative Nancy Detert (H070H002 and H070H004); Representative Greg Evers (H001H001); Representative Frank Farkas (H052C001, H052H001 and H052H002); Representative Andy Gardiner (H040C001 and H040H001); Representative James Harper, Jr. (H084H001); Representative Mike Hogan (H013C001 and H013H003); Representative Lerner (H119H001); Representative Will Kendrick (H010H003 and H010H005); Representative Bev Kilmer (H007H001); Representative Jeffrey D. Kottkamp (H074H001); Representative Mitch Needelman (H031H003 and H031H005); Representative Joe Negron (H082H003); Representative Joe H. Pick-ens (H021H002); Representative Marco Rubio (H111H001, H111H003, and H111S001); Representative Timothy M. Ryan (H099H001, H099H002, and H099S001); Representative David Simmons (H037H002); Representative Joseph R. Spratt (H077H004); Representative Rob Wallace (H047H001 and H047S001); Senator Alex Diaz de la Portilla (S34S00017 and S34S00031); Senator Hol-zendorf (S02S00010, S02S00012, S02S00019, S02S00025, S02S00028, and S02S00035);- Senator Bill Posey (S15S0002 and S15S00030); Senator Charlie Clary (S07S00033 and S07S00034); Senator Daniel Webster (S12S00027); Senator Wasser-man-Schultz (S32S0008); Senator John F. Laurent (S17S0001, S17S0003, S17S0005, S17S0006, S17S0009, S17S00011, S17S00016, S17S00022, S17S00023, S17S00024, S17S00026, S17S00032, and S17S00036); Senator Steven A. Geller (S29S0007, S29S00013, S29S00014, S29S00015, S29S00018, S29S00020, S29S00021, and S29S00029); Representative Edward L. Jennings, Jr. (H023S001); Representative David D. Russell, Jr. (H044S001); Representative Bruce Kyle (H073S001); Representative Christopher L. Smith (H093C001 and H093S001); Senator Jack Latvala (S19C0004, S19C0005, S19C0010, S19C0011, S19C0015, S19C0016, S19C0017); Senator Daryl L. Jones (S40C0006 and S40C0012); Senator Burt L. Saunders (S25C0007); Senator Walter G. Campbell (S33C0009); Senator Ginny Brown-Waite (S10C0013); Senator Lesley Miller, Jr. (S21C0014); Representative J. Dudley Goodlette (H076C001); Representative Meadows (H094C001 and H094C002); Representative Diaz-Balart (H112C001 H112C002, H112C003, and H112C004). 112. Representative Lerner, a Democrat, drafted and participated in submitting an alternative house plan to the legislature that kept former HD 119 relatively unchanged. She withdrew the plan, however, because she was satisfied with the plan submitted by Representative Ryan. 113. The redistricting proceedings in the Senate mirrored the House proceedings, with one exception. The Senate did not draw a Senate legislative House plan. Instead, the Senate informed the House that it was not going to draw House districts, and the Senate expected that the House would not draw Senate districts. As noted above, however, the House drew a Senate map. 114. Three Senate committees were primarily responsible for drafting and approving the Senate legislative and congressional plans for full chambers consideration: Senate Committee on Reapportionment (“Senate Reapportionment”), Senate Reapportionment Subcommittee on Congressional Apportionment and Redistricting (“Senate Congressional”), and Senate Reapportionment Subcommittee on Legislative Apportionment and Redistricting (“Senate Legislative”) (collectively “Senate Committees”). President McKay appointed each member of the Senate Committees. Republicans constituted at least a majority of the membership of each of the Senate Committees. As in the House, no amendment introduced by a Democratic committee member was adopted in committee or on the Senate floor. 115. Although the Senate Committees did not conduct simultaneous meetings, the Senate Legislative Committee cancelled three consecutive meetings, on February 28, 2002, March 7, 2002, and March 8, 2002. The Senate Legislative Committee did not post the final maps it would consider until after midnight on the morning of the Senate Legislative Committee meeting of March 12, 2002. 116. At the March 12, 2002 Senate Legislative Committee Meeting, the Chair of the Committee voted against the committee’s map and voiced his concern that the public had not received adequate notice and an opportunity to consider the committee’s proposed maps. Chairman Webster also voiced his concerns that the start time did not allow constituents enough time to contact the individual senators regarding any concerns they may have with the maps: I think we told the public that we would have these things posted as soon as we could on the Internet and that people could look at them. And if they had questions, they could either call their members or call us or write us, or do something, get in touch with us in a way that would allow us to respond to whatever it is that they had a concern about. And that didn’t happen this time, and so I guess for me, it is just a statement to say, I’m voting no because I feel like the public didn’t have enough time on this particular issue. If you have a conscience that’s bothering you, then I guess you could join me, but I’m not asking that. I’m just saying mine did, because I’m the one that made the statements, I’m the one that defended the Senate, I’m the one that said we would have an open and an inclusive and a fair process. And I felt like in this one step, we did not. 117. Despite Chairman Webster’s concerns, the proposed Senate Legislative Committee bill was eventually approved. 118. Public testimony was also presented to the Senate Legislative Committee at the March 12, 2002 meeting that questioned the Committee’s cancellation of its meetings and the adverse effect the cancellations had on the public’s ability to participate. For example, the Republican Chamman of Marion County made the following statement: It is a shame, however, that the public has to be put through what they have had to be put through to get to this point. Many times, the meetings have been canceled and rescheduled and canceled and rescheduled. The public in many eases has given up on trying to even come and testify any longer. But it is sad process. 119. In total, the Senate Redistricting Committees held seven meetings between January 7, 2002 and March 12, 2002 to discuss the formulation of redistricting plans. 120. Disputes between Speaker Feeney and President McKay led to delays in the redistricting process. 121. When Speaker Feeney and President McKay reached a last-minute resolution of their dispute, the legislature did not refer the Senate’s proposed Senate map to a House Committee or otherwise consider the map on the House floor. The Senate also did not refer the House proposed version of the legislative House map to a Senate committee or otherwise consider the House legislative districts. 122. Once the Senate adopted the Senate legislative map and substituted the same in the House proposed resolution (HJR 1987) for the Senate map, the House considered the revised resolution as a message from the Senate on a motion of Representative Goodlette, a Republican. Thereafter, Republican Representative Byrd moved that the House concur in Senate Amendment 3 under House Rule 12.6(a)(2). Prior to any debate, questions, or discussion of the Senate amendment, Representative Rubio, a Republican, moved the previous question on the motion to concur in the Senate amendment. The motion passed 74-43. All Democrats present voted no. Two Republicans also voted no. Under House Rule 11.8, a motion for the previous question is not debatable and a majority vote will end all debate, except that the sponsor and opponent of the bill are allowed three minutes of debate each. The proponent and opponent are also allowed to yield time to other members. In this case, Speaker Feeney selected two Republicans to debate the resolution, Representative Kyle and Representative Byrd. All debate on the resolution, therefore, was limited to two Republican members and no Democrat was afforded an opportunity to debate. A final vote was taken on the motion to concur in the Senate amendment, which passed 73-43. All Democrats voted no along with Representative Kyle. 123. The Republican-controlled legislature intended to maximize the number of Republican congressional and legislative seats through the redistricting process, and used its majority power to control the types of bills and maps that would be considered in the House and Senate. 124. One of the most complicated and significant issues the legislature faced was the result of the need to create an additional congressional district in south Florida — one of the two additional districts to which Florida was entitled as a result of the 2000 census — combined with the slow growth and under-population in several of the existing south Florida congressional districts (e.g., old CD 17). This problem was specifically addressed during the House floor debate on proposed congressional plans. As Representative Diaz-Ba-lart put it: “There were significant changes in other south Florida districts largely due, Mr. Speaker, to the creation of the new district [CD 25], and also due to the slow growth in Districts 17, 18, 22, and 23 that required additional areas to be added to these districts.” C. Ultimate Findings on the “Process” Claims We find that the Martinez plaintiffs have failed to carry their burden of showing intentional discrimination against blacks, Hispanics