Factors in determining voter dilution. [Editor's note: For the applicability of this section on or after January 1, 2026, see the editor's note following the article 47 heading.]

1-47-205. Factors in determining voter dilution. [Editor's note: For the applicability of this section on or after January 1, 2026, see the editor's note following the article 47 heading.] (1) (a) In determining whether a challenged method of election exhibits polarized voting for purposes of section 1-47-106 (2)(a)(I), a court: (I) Shall determine the presence of polarized voting based only on the combined electoral preferences of the groups comprising the protected class, as defined in the complaint. There is no requirement to show that each group or any subgroup within a protected class is separately polarized from other eligible electors. (II) Shall not consider the causes of or reasons for polarized voting, including partisan explanations or discriminatory intent; (III) May find a violation of section 1-47-106 based on any number or combination of elections, including one election; and (IV) May consider analyses of relevant election results, including but not limited to: (A) Elections for offices of the political subdivision; (B) Elections held in the political subdivision for other offices, such as state or federal offices; or (C) Other electoral choices that bear on the rights and privileges of the protected class. (b) The following do not preclude a finding that a violation of section 1-47-106 exists: (I) Evidence of nonpolarized voting in elections for offices outside the political subdivision; (II) Nonstatistical or nonquantitative evidence of nonpolarized voting, where allegations of polarized voting are based on quantitative or statistical evidence; or (III) Low turnout or registration rates among members of a protected class. (2) (a) In determining whether, based on the totality of the circumstances, the equal opportunity or ability of members of a protected class to nominate or elect the candidates of their choice is disparately impaired for purposes of section 1-47-106 (2)(a)(II), a court may consider the following factors: (I) The history of discrimination affecting members of the protected class; (II) The extent to which members of the protected class are disadvantaged or otherwise bear the effects of public or private discrimination in areas that may hinder their ability to participate effectively in the political process, including education, employment, health, criminal justice, housing, transportation, land use, or environmental protection; (III) The extent to which members of the protected class vote at lower rates than other eligible electors; (IV) The extent to which members of the protected class contribute money to political campaigns or political causes at lower rates than other individuals; (V) The extent to which members of the protected class have been elected to office in the political subdivision; (VI) The extent to which candidates who are members of the protected class have faced barriers with respect to accessing the ballot, receiving financial support, or receiving other support for an election; (VII) The extent to which candidates face hostility or barriers while campaigning on account of their membership in the protected class; and (VIII) The use of overt or subtle racial appeals in political campaigns in the political subdivision or surrounding adoption or maintenance of the challenged method of election. (b) None of the factors described in subsection (2)(a) of this section are dispositive or necessary to establish the existence of a violation of section 1-47-106 and no specified number or combination of factors is required to establish a violation of section 1-47-106. (3) Whether members of a protected class typically elect candidates of their choice to the relevant governing body in approximate proportion to their total number or share of the population may be relevant to finding a violation of section 1-47-106 and determining an appropriate remedy. (4) The fact that members of a protected class are not geographically compact or concentrated does not preclude finding a violation of section 1-47-106, but may be considered in determining an appropriate remedy for a violation. Source: L. 2025: Entire article added, (SB 25-001), ch. 178, p. 755, � 11, effective August 6.