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Section 2 of the voting rights act and native representation

Journal articles  - Journal Article
Eubank, N; Rong Zhang, E
Published in: Journal of Legal Analysis
January 1, 2026

We have undertaken the first systematic, cross-state investigation of the relationship between Section 2 of the Voting Rights Act and Native representation. Though it is not necessary for Native representation, Section 2 remains an important contributor. It also contributes to the packing of Native voters: safe Section 2 districts—in which Native voters constitute a majority—decrease Native influence in surrounding districts. We provide novel empirical support for a longstanding critique of Section 2’s focus on minority ability to elect, not their influence. Because Native communities have relatively small populations, the focus on electability can impose especially harsh trade-offs on influence.

Duke Scholars

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Published In

Journal of Legal Analysis

DOI

EISSN

1946-5319

ISSN

2161-7201

Publication Date

January 1, 2026

Volume

18

Issue

1

Start / End Page

88 / 117
 

Citation

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Eubank, N., & Rong Zhang, E. (2026). Section 2 of the voting rights act and native representation. Journal of Legal Analysis, 18(1), 88–117. https://doi.org/10.1093/jla/laag003
Eubank, N., and E. Rong Zhang. “Section 2 of the voting rights act and native representation.” Journal of Legal Analysis 18, no. 1 (January 1, 2026): 88–117. https://doi.org/10.1093/jla/laag003.
Eubank N, Rong Zhang E. Section 2 of the voting rights act and native representation. Journal of Legal Analysis. 2026 Jan 1;18(1):88–117.
Eubank, N., and E. Rong Zhang. “Section 2 of the voting rights act and native representation.” Journal of Legal Analysis, vol. 18, no. 1, Jan. 2026, pp. 88–117. Scopus, doi:10.1093/jla/laag003.
Eubank N, Rong Zhang E. Section 2 of the voting rights act and native representation. Journal of Legal Analysis. 2026 Jan 1;18(1):88–117.
Journal cover image

Published In

Journal of Legal Analysis

DOI

EISSN

1946-5319

ISSN

2161-7201

Publication Date

January 1, 2026

Volume

18

Issue

1

Start / End Page

88 / 117