(27) The essential aspects of the political process argument require the court to apply strict scrutiny when the actions of a state work to place the "'decisionmaking authority over'" a legal measure or policy at a removed level of government that "'inures primarily to the benefit of the minority'" and that minorities would view as being "'in their interest.'" (28) A successful application of the theory by those that prevail upon it means that, state laws that "disadvantage!] any particular group by making it more difficult to enact legislation in its behalf" may be held constitutionally invalid.
(99) It must be demonstrated that the legal measure: 1) "has a racial focus targeting a policy or program that 'inures primarily to the benefit of the minority'"; and 2) "reallocates political power or reorders the decision making process in a way that places special burdens on a minority group's ability to achieve its goals through that process." (100) If these elements are satisfied, the challenged law is subject to strict scrutiny.