Hazleton, Pa. — The Justice Department announced yesterday that it has filed a lawsuit against the City of Hazleton to challenge the city council’s at-large method of election, claiming Hispanic voters have been routinely disenfranchised.
The lawsuit alleges that the city’s current at-large method of electing city council members results in Hispanic citizens having less opportunity than other members of the electorate to participate in the political process and to elect candidates of choice, in violation of Section 2 of the Voting Rights Act.
Hispanic voting-age citizens make up more than 40% of the city’s electorate. Hispanic-preferred candidates have run for the city council and routinely lose, despite the county’s sizeable Hispanic citizen population.
At-large election systems often allow majority groups to dominate, particularly in racially polarized areas, thereby silencing communities of color and preventing them from electing candidates of their choice. Courts have repeatedly struck down such systems for violating the Voting Rights Act, as they dilute minority voting power — a practice rooted in Jim Crow-era tactics.
Fairer alternatives include:
Single-member districts, where candidates are elected by voters within their district,Ranked choice voting, where voters rank candidates in order of preference, and votes are redistributed until a candidate achieves a majority, and,Proportional representation, which allocates seats based on vote proportions.
The complaint, filed in the U.S. District Court for the Middle District of Pennsylvania, alleges that changing the method of election can create opportunities for Hispanic voters to elect candidates of their choice to the Hazleton City Council. For example, by electing council members from single-member districts, Hispanic voters would have an opportunity to elect at least two members of the five-member city council. The lawsuit seeks a federal court order implementing a new method of electing the Hazleton City Council.
“The Voting Rights Act is an important tool to ensure that underrepresented citizens have an equal opportunity to choose their elected officials,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to ensuring that all citizens have an equal opportunity to participate in the democratic process and elect candidates of choice. We look forward to working with officials to achieve a more perfect union by bringing Hazleton, Pennsylvania, into compliance with the Voting Rights Act.”
“The Hispanic population is a growing and important population in the City of Hazleton, and those citizens should have the ability to choose candidates that represent their interests,” said U.S. Attorney Gerard M. Karam for the Middle District of Pennsylvania. “This complaint demonstrates my office’s commitment to partner with the Justice Department to enforce civil rights statutes like the Voting Rights Act.”
Hazleton officials respond
Hazleton’s mayor, Jeffrey Cusat, and City Council President Jim Perry released the following statement yesterday afternoon:
“In December of 2024, the City of Hazleton received a correspondence from the United States Department of Justice (DOJ) indicating that it had made a finding that the City’s method of electing members to its City Council was allegedly volitive of the Voting Rights Act. The City has been working with the DOJ in good faith for the last several weeks to address their concerns, however, it appears that suit was hurriedly filed this past Tuesday night before any meaningful discussions could take place.
The City will respond to the DOJ’s allegations in due course, however, at this juncture, the City wishes to make it clear that it has always advocated for and encouraged all citizens to run for office and to participate in the electoral process. We have worked diligently with leaders in our communities to foster an environment that encourages public participation for everyone. In Hazleton, our diversity is truly our strength.
The City currently has five (5), at-large, City Council seats elected on rotating election cycles. The City believes that the elected officials of Hazleton should continue to be duly elected by the people. Hazleton follows, and will continue to follow, all Pennsylvania State and Luzerne County election laws and procedures.
The City has also been working on a ballot referendum question to create a Government Study Commission to address the implementation of other governmental options that are available. The concerns that have been raised by the DOJ would be addressed as part of that study. The ballot referendum requirements and the process are defined in the Pennsylvania Election Law.
To the City’s knowledge, Hazleton is the only municipality that is facing this type of lawsuit.
The City of Hazleton disputes the Department of Justice’s charge that the current method of election for the City Council of Hazleton results in Hispanic citizens not having an equal opportunity to participate in the political process and to elect candidates of their choice. The current at-large system in the City of Hazleton gives equal voting rights to all citizens regardless of their race or gender.”
