Texas's At-large congressional district
Encyclopedia
Texas has had At-Large Congressional Seats at various times in its history. It was often the case when the state received new congressional seats as a result of reapportionment that instead of immediately redistricting the state's congressional districts, a new at-large seat would be elected by all the voters of the state.
. As a result of the expansion from 4 to 6 seats, the two new seats were designated as At-Large and were elected statewide, so that each citizen elected three Members of Congress (one from their district and two statewide). By the elections of 1874, the legislature did redistrict the state into six single member districts, although they were not of equal population.
The Texas Constitution of 1876 required that the Legislature pass a redistricting plan during the first session after the publication of the decennial national census of the population. However, the Legislature sometimes did not follow through on this obligation.
After the 1880 decennial census
, Texas had the largest percentage gain in its congressional apportionment, from 6 members to 11. The legislature, in conformity with the state constitution adopted 11 single-member districts for the 1882 elections. Texas received additional congressional seats as a result of the 1890 Census
and 1900 Census
but quickly adopted single- member districts. After the 1910 Census
, as a result of which, Texas received two additional seats and rather than redraw the districts, they were added as at-large seats. They remained at-large seats until the 1918 elections. The legislature decided to redraw the state's 18 districts almost at the end of the decade in an effort to punish Rep. A. Jeff McLemore
of Houston
for his opposition to President Woodrow Wilson
(a fellow-Democrat
) based on Wilson's decision to seek U.S entry into World War I
. McLemore and fellow Houstonians Daniel E. Garrett
(also an At-Large congressman) and Joe H. Eagle were all drawn into the 8th congressional district
.
As Texas received no additional seats until 1931, there was no need to redistrict. In 1931, with three more seats alloted to Texas, the legislature waited until 1933 to redraw the districting plan. "This resulted in the under-representation of the people in those districts where population grew faster than the rest of the state. The failure to redistrict favored the rural areas at the expense of Texas's growing urban centers. The latter's faster population growth meant they deserved additional seats in the state Legislature and the U.S. Congress."
, Speaker of the House
, Attorney General
, Comptroller of Public Accounts, and Commissioner of the General Land Office. "The prospect of the LRB determining district boundaries represented a significant incentive to the Legislature to seriously engage its redistricting obligation, as a LRB-authored plan would diminish significantly lawmakers' control over their own reelection fates."
The next time that Texas received additional seats in Congress was as a result of the 1950 Census
, in which Texas' population growth gave the state one additional seat. That seat remained at-large throughout the decade and the next redistricting plan was adopted in time for the 1958 general election. In 1960, Texas received one more member and again, the state's districts were not redrawn.
, together with the amendment to that section made by Section 2 of the Fourteenth Amendment, requires seats in the U.S. House of Representatives to be apportioned among the states according to the “whole number of persons in each State” and to be elected “by the People of the several States.” These provisions have been construed to require not only that congressional seats be divided among the states according to population, but also that congressional districts within a state be drawn according to population.
In the 1964 case of Reynolds v. Sims
, the United States Supreme Court determined that the general basis of apportionment should be "one person, one vote." Reynolds v. Sims, 377 U.S. 533 (1964). This rule means that, generally, electoral districts must be equal in population according to the most recent census so that each person’s vote is equally weighted. This holding was applied explicitly to congressional districts by the Supreme Court in the 1964 case of Wesberry v. Sanders
.
In Bush v. Martin, plaintiffs from two congressional districts asserted that the congressional districts in Texas were unconstitutional. The Federal District Court in Houston held Texas' Congressional Districting act to be unconstitutional and stated that the Texas Legislature must redraw the Texas Congressional Districts in compliance with Wesberry v. Sanders. Bush v. Martin, 224 F. Supp. 499 (S.D. Tex. 1963), affirmed, 376 U.S. 222 (1964).
The three-judge Federal District Court found that the population disparity among Texas Congressional Districts—ranging from 216,371 to 951,527—was "indeed spectacular" and noted that marked under-representation was "not surprisingly" found in metropolitan districts. Although Texas boasted a total of 254 counties, more than half of the population of the state was living in only eighteen counties and there were fifteen areas in the state that qualified for the label of "metropolitan."
During the 1965 legislative session, the state legislature passed a plan on May 31, 1965, realigning the state's 23 congressional districts into single-member districts. Governor John Connally
signed the bill allowing the new districts to take effect for the 1966 elections.
However, if the ranked-ballot method known as Single Transferable Vote
were used, Texas would likely have been able to keep its at-large seats because under Single Transferable Vote any minority race, minority political party, or minority group, would win a number of seats proportional to its support among the voters. See, e.g., Richard L. Engstrom, The Single Transferable Vote: An Alternative Remedy for Minority Vote Dilution, 27 U.S.F.L.Rev. 781, 806 (1993) (arguing that the Single Transferable Voting systems maintain minority electoral opportunities); Steven J. Mulroy, Alternative Ways Out: A Remedial Road Map for the Use of Alternative Electoral Systems as Voting Rights Act Remedies, 77 N.C.L.Rev. 1867, 1923 (1999) (concluding that ranked-ballot voting systems avoid minority vote dilution); Steven J. Mulroy, The Way Out: A Legal Standard for Imposing Alternative Electoral Systems as Voting Rights Remedies, 33 Harv.C.R.-C.L.L.Rev. 333, 350 (1998) (arguing that preferential voting systems enhance minority representation); and Alexander Athan Yanos, Note, Reconciling the Right to Vote With the Voting Rights Act, 92 Colum.L.Rev. 1810, 1865-66 (1992) (arguing that Single Transferable Voting serves to preserve the minority party's right to representation).
History of At-Large seats
From its admission to the Union in 1845, Texas has had single-member congressional districts; the first congressional delegation consisted of two House members in single member districts. This remained the case until after the Civil War and Reconstruction when Texas was awarded 4 seats in 1869 and two more in the 1870 censusUnited States Census, 1870
The United State Census of 1870 was the ninth United States Census. Conducted by the Census Bureau in June 1870, the 1870 Census was the first census to provide detailed information on the black population, only years after the culmination of the Civil War when slaves were granted freedom. The...
. As a result of the expansion from 4 to 6 seats, the two new seats were designated as At-Large and were elected statewide, so that each citizen elected three Members of Congress (one from their district and two statewide). By the elections of 1874, the legislature did redistrict the state into six single member districts, although they were not of equal population.
The Texas Constitution of 1876 required that the Legislature pass a redistricting plan during the first session after the publication of the decennial national census of the population. However, the Legislature sometimes did not follow through on this obligation.
After the 1880 decennial census
United States Census, 1880
The United States Census of 1880 was the tenth United States Census conducted by the Census Bureau during June 1880. It was the first time that women were permitted to be enumerators...
, Texas had the largest percentage gain in its congressional apportionment, from 6 members to 11. The legislature, in conformity with the state constitution adopted 11 single-member districts for the 1882 elections. Texas received additional congressional seats as a result of the 1890 Census
United States Census, 1890
The Eleventh United States Census was taken June 2, 1890. The data was tabulated by machine for the first time. The data reported that the distribution of the population had resulted in the disappearance of the American frontier...
and 1900 Census
United States Census, 1900
The Twelfth United States Census, conducted by the Census Office on June 1, 1900, determined the resident population of the United States to be 76,212,168, an increase of 21.0 percent over the 62,979,766 persons enumerated during the 1890 Census....
but quickly adopted single- member districts. After the 1910 Census
United States Census, 1910
The Thirteenth United States Census, conducted by the Census Bureau on April 15, 1910, determined the resident population of the United States to be 92,228,496, an increase of 21.0 percent over the 76,212,168 persons enumerated during the 1900 Census...
, as a result of which, Texas received two additional seats and rather than redraw the districts, they were added as at-large seats. They remained at-large seats until the 1918 elections. The legislature decided to redraw the state's 18 districts almost at the end of the decade in an effort to punish Rep. A. Jeff McLemore
A. Jeff McLemore
Atkins Jefferson McLemore was an American newspaper publisher, State Representative and United States Representative from Texas.-Early life:...
of Houston
Houston, Texas
Houston is the fourth-largest city in the United States, and the largest city in the state of Texas. According to the 2010 U.S. Census, the city had a population of 2.1 million people within an area of . Houston is the seat of Harris County and the economic center of , which is the ...
for his opposition to President Woodrow Wilson
Woodrow Wilson
Thomas Woodrow Wilson was the 28th President of the United States, from 1913 to 1921. A leader of the Progressive Movement, he served as President of Princeton University from 1902 to 1910, and then as the Governor of New Jersey from 1911 to 1913...
(a fellow-Democrat
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
) based on Wilson's decision to seek U.S entry into World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
. McLemore and fellow Houstonians Daniel E. Garrett
Daniel E. Garrett
Daniel Edward Garrett was a Democratic U.S. Representative from Texas, elected at-large and later from the 8th District of Texas.-Early life and career in politics:...
(also an At-Large congressman) and Joe H. Eagle were all drawn into the 8th congressional district
Texas's 8th congressional district
Texas District 8 of the United States House of Representatives is a Congressional district that stretches from Montgomery County and Walker County to the Louisiana border. It includes much of the northern outlying areas of metro Houston and Beaumont. As of the 2000 census, District 8 represents...
.
As Texas received no additional seats until 1931, there was no need to redistrict. In 1931, with three more seats alloted to Texas, the legislature waited until 1933 to redraw the districting plan. "This resulted in the under-representation of the people in those districts where population grew faster than the rest of the state. The failure to redistrict favored the rural areas at the expense of Texas's growing urban centers. The latter's faster population growth meant they deserved additional seats in the state Legislature and the U.S. Congress."
Voters amend the Constitution
The great imbalance in representation between declining rural populations and growing urban interests that had developed over the decades finally resulted in the voters adopting a state constitutional amendment in 1948 that gave the Legislature a deadline to enact a plan as specified under the original Constitution. The amendment provided that, if in the first legislative session after the publication of the decennial census of the population a redistricting plan was not adopted, the responsibility passed to a newly formed board, the Legislative Redistricting Board (LRB). The LRB is composed of the Lieutenant GovernorLieutenant Governor of Texas
The Lieutenant Governor of Texas is the second-highest executive office in the government of Texas, a state in the U.S. It is the second most powerful post in Texas government because its occupant controls the work of the Texas Senate and controls the budgeting process as a leader of the...
, Speaker of the House
Speaker of the Texas House of Representatives
The Speaker of the Texas House of Representatives is the presiding officer of the Texas House of Representatives. The Speaker's main duties are to conduct meetings of the House, appoint committees, and enforce the Rules of the House...
, Attorney General
Texas Attorney General
The Texas Attorney General is the chief legal officer of the State of Texas.The department has offices at the William P. Clements State Office Building at 300 West 15th Street in Austin.-History:...
, Comptroller of Public Accounts, and Commissioner of the General Land Office. "The prospect of the LRB determining district boundaries represented a significant incentive to the Legislature to seriously engage its redistricting obligation, as a LRB-authored plan would diminish significantly lawmakers' control over their own reelection fates."
The next time that Texas received additional seats in Congress was as a result of the 1950 Census
United States Census, 1950
The Seventeenth United States Census, conducted by the Census Bureau, determined the resident population of the United States to be 150,697,361, an increase of 14.5 percent over the 131,669,275 persons enumerated during the 1940 Census.-Census questions:...
, in which Texas' population growth gave the state one additional seat. That seat remained at-large throughout the decade and the next redistricting plan was adopted in time for the 1958 general election. In 1960, Texas received one more member and again, the state's districts were not redrawn.
Equal population—the courts act
The Apportionment Clause of Section 2, Article I, of the United States ConstitutionUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, together with the amendment to that section made by Section 2 of the Fourteenth Amendment, requires seats in the U.S. House of Representatives to be apportioned among the states according to the “whole number of persons in each State” and to be elected “by the People of the several States.” These provisions have been construed to require not only that congressional seats be divided among the states according to population, but also that congressional districts within a state be drawn according to population.
In the 1964 case of Reynolds v. Sims
Reynolds v. Sims
Reynolds v. Sims, 377 U.S. 533 was a United States Supreme Court case that ruled that state legislature districts had to be roughly equal in population.-Facts:...
, the United States Supreme Court determined that the general basis of apportionment should be "one person, one vote." Reynolds v. Sims, 377 U.S. 533 (1964). This rule means that, generally, electoral districts must be equal in population according to the most recent census so that each person’s vote is equally weighted. This holding was applied explicitly to congressional districts by the Supreme Court in the 1964 case of Wesberry v. Sanders
Wesberry v. Sanders
Wesberry v. Sanders, 376 U.S. 1 was a U.S. Supreme Court case involving U.S. Congressional districts in the state of Georgia. The Court issued its ruling on February 17, 1964. This decision requires each state to draw its U.S...
.
In Bush v. Martin, plaintiffs from two congressional districts asserted that the congressional districts in Texas were unconstitutional. The Federal District Court in Houston held Texas' Congressional Districting act to be unconstitutional and stated that the Texas Legislature must redraw the Texas Congressional Districts in compliance with Wesberry v. Sanders. Bush v. Martin, 224 F. Supp. 499 (S.D. Tex. 1963), affirmed, 376 U.S. 222 (1964).
The three-judge Federal District Court found that the population disparity among Texas Congressional Districts—ranging from 216,371 to 951,527—was "indeed spectacular" and noted that marked under-representation was "not surprisingly" found in metropolitan districts. Although Texas boasted a total of 254 counties, more than half of the population of the state was living in only eighteen counties and there were fifteen areas in the state that qualified for the label of "metropolitan."
During the 1965 legislative session, the state legislature passed a plan on May 31, 1965, realigning the state's 23 congressional districts into single-member districts. Governor John Connally
John Connally
John Bowden Connally, Jr. , was an influential American politician, serving as the 39th governor of Texas, Secretary of the Navy under President John F. Kennedy, and as Secretary of the Treasury under President Richard M. Nixon. While he was Governor in 1963, Connally was a passenger in the car in...
signed the bill allowing the new districts to take effect for the 1966 elections.
However, if the ranked-ballot method known as Single Transferable Vote
Single transferable vote
The single transferable vote is a voting system designed to achieve proportional representation through preferential voting. Under STV, an elector's vote is initially allocated to his or her most preferred candidate, and then, after candidates have been either elected or eliminated, any surplus or...
were used, Texas would likely have been able to keep its at-large seats because under Single Transferable Vote any minority race, minority political party, or minority group, would win a number of seats proportional to its support among the voters. See, e.g., Richard L. Engstrom, The Single Transferable Vote: An Alternative Remedy for Minority Vote Dilution, 27 U.S.F.L.Rev. 781, 806 (1993) (arguing that the Single Transferable Voting systems maintain minority electoral opportunities); Steven J. Mulroy, Alternative Ways Out: A Remedial Road Map for the Use of Alternative Electoral Systems as Voting Rights Act Remedies, 77 N.C.L.Rev. 1867, 1923 (1999) (concluding that ranked-ballot voting systems avoid minority vote dilution); Steven J. Mulroy, The Way Out: A Legal Standard for Imposing Alternative Electoral Systems as Voting Rights Remedies, 33 Harv.C.R.-C.L.L.Rev. 333, 350 (1998) (arguing that preferential voting systems enhance minority representation); and Alexander Athan Yanos, Note, Reconciling the Right to Vote With the Voting Rights Act, 92 Colum.L.Rev. 1810, 1865-66 (1992) (arguing that Single Transferable Voting serves to preserve the minority party's right to representation).
1873 – 1875
From 1873 to 1875, Texas elected two members at-large, as well as electing others from districts.| First seat | Second seat | |||||
|---|---|---|---|---|---|---|
| Years | Representative | Party | Electoral history | Representative | Party | Electoral history |
| March 4, 1873 – March 3, 1875 |
Roger Q. Mills Roger Q. Mills Roger Quarles Mills was an American politician and an officer in the Confederate States Army during the American Civil War.-Background:... |
Democratic Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
Redistricted Redistricting Redistricting is the process of drawing United States electoral district boundaries, often in response to population changes determined by the results of the decennial census. In 36 states, the state legislature has primary responsibility for creating a redistricting plan, in many cases subject to... to the |
Asa H. Willie Asa H. Willie Asa Hoxie Willie was a United States Representative representing Texas and Chief Justice of the Texas Supreme Court. During the Civil War, he served as a major in the Confederate Army... |
Democratic Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
Retired |
1913 – 1919
Texas re-established an at-large seat in 1913 electing two members at-large following the 1910 United States Census, as well as electing others from districts until 1919.| First seat | Second seat | |||||
|---|---|---|---|---|---|---|
| Term | Representative | Party | Electoral history | Representative | Party | Electoral history |
| March 4, 1913 – March 3, 1915 |
Daniel E. Garrett Daniel E. Garrett Daniel Edward Garrett was a Democratic U.S. Representative from Texas, elected at-large and later from the 8th District of Texas.-Early life and career in politics:... |
Democratic Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
Lost renomination | Hatton W. Sumners Hatton W. Sumners Hatton William Sumners was a Congressman from Texas from 1913—1947 and served as Chairman of the House Judiciary Committee.-Early life and career:... |
Democratic Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
Redistricted Redistricting Redistricting is the process of drawing United States electoral district boundaries, often in response to population changes determined by the results of the decennial census. In 36 states, the state legislature has primary responsibility for creating a redistricting plan, in many cases subject to... to the |
| March 4, 1915 – March 3, 1917 |
James H. Davis James H. Davis (congressman) James H. "Cyclone" Davis was a Populist Party organizer and a Democratic Congressman from Texas for one term from 1915–1917.-Early life:... |
Democratic Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
Lost renomination | A. Jeff McLemore A. Jeff McLemore Atkins Jefferson McLemore was an American newspaper publisher, State Representative and United States Representative from Texas.-Early life:... |
Democratic Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
Lost re-eletion when redistricted to the |
| March 4, 1917 – March 3, 1919 |
Daniel E. Garrett Daniel E. Garrett Daniel Edward Garrett was a Democratic U.S. Representative from Texas, elected at-large and later from the 8th District of Texas.-Early life and career in politics:... |
Democratic Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
Retired when redistricted to the |
1933 – 1935
Texas re-established an at-large seat in 1933 electing three members at-large following the 1930 United States Census, as well as electing others from districts until 1935.| First seat | Second seat | Third seat | |||||||
|---|---|---|---|---|---|---|---|---|---|
| Years | Representative | Party | Electoral history | Representative | Party | Electoral history | Representative | Party | Electoral history |
| March 4, 1933 – January 3, 1935 |
Joseph Weldon Bailey, Jr. Joseph Weldon Bailey, Jr. Joseph Weldon Bailey, Jr. was a United States congressional representative from Texas. His father, Joseph Weldon Bailey, was also a Texas Congressman.-Biography:... |
Democratic Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
Retired to run for U.S. Senate | Sterling P. Strong Sterling P. Strong Sterling Price Strong was a U.S. Representative from Texas.Born on a farm near Jefferson City, Missouri, Strong moved to Texas in 1871 with his parents, who settled in Montague County.... |
Democratic Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
Lost re-nomination | George B. Terrell George B. Terrell George Butler Terrell was a U.S. Representative from Texas.Born in Alto, Texas, Terrell attended the public schools, Sam Houston Teachers' College in Huntsville, Texas, and Baylor University in Waco, Texas.... |
Democratic Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
Retired |
1953 – 1959
Texas re-established an at-large seat in 1953 electing one member at-large following the 1950 United States Census, as well as electing others from districts until 1959.| Years | Representative | Party | Electoral history |
|---|---|---|---|
| January 3, 1953 – January 3, 1959 |
Martin Dies, Jr. Martin Dies, Jr. Martin Dies, Jr. was a Texas politician and a Democratic member of the United States House of Representatives. His father, Martin Dies, was also a member of the United States House of Representatives.-Biography:... |
Democratic Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
Retired |
1963 – 1967
Texas re-established an at-large seat in 1963 electing one member at-large following the 1960 United States Census, as well as electing others from districts until 1967.| Years | Representative | Party | Electoral history |
|---|---|---|---|
| January 3, 1963 – January 3, 1967 |
Joe R. Pool Joe R. Pool Joe Richard Pool was a U.S. Representative from Texas.Born in Fort Worth, Texas, Pool graduated from Oak Cliff High School Joe Richard Pool (February 18, 1911 – July 14, 1968) was a U.S. Representative from Texas.Born in Fort Worth, Texas, Pool graduated from Oak Cliff High School Joe... |
Democratic Democratic Party (United States) The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous... |
Redistricted Redistricting Redistricting is the process of drawing United States electoral district boundaries, often in response to population changes determined by the results of the decennial census. In 36 states, the state legislature has primary responsibility for creating a redistricting plan, in many cases subject to... to the |