Legal Wrangling On Redistricting Begins
by March 23, 2011 7:00 pm 103 views
With only one plan approved by a House committee, partisan exchanges are already being fired to stake out legal positions on an issue of Congressional redistricting.
Yesterday’s passage of the "Fayetteville to the Fourth" plan by Reps. Clark Hall (D-Marvell) and Eddie Cheatham (D-Crossett) quickly drew the ire of the Arkansas GOP.
Chairman Doyle Webb issued a statement after the vote accusing Democrats of playing partisan politics.
“The pig trail gerrymander is the State Democratic Party’s desperate attempt to hold on to power in the face of a resounding defeat at the polls last November. The Democratic Party is using Washington-style tactics and parliamentary ploys to reverse the will of Arkansas voters who chose to have a majority Republican congressional delegation," Webb said in the release.
“State Democrats have no desire to create an open and honest dialogue with the people of Arkansas concerning the redistricting process. The Democratic Party’s abuse of power to protect their own self interests reeks of partisan machine politics. The Republican Party had hoped the Legislature could complete this critical process in a bi-partisan manner, but if litigation is necessary we are prepared to file suit to protect the interests of all Arkansans,” Webb said.
That prompted a response from Democratic Party of Arkansas Chairman Will Bond, who denounced the Republican Party’s threat of a lawsuit over redistricting as merely a political ploy.
“It is ironic that the first thing the Republican party screams about redistricting is the threat of a lawsuit instead of focusing on the merits of ‘one person, one vote’ and instead of explaining why Republican plans, particularly the one in the Senate, has significant variances in population and seeks to destroy the Delta region,” said Bond.
“The plans that Republican lawmakers have put forward are incumbent protection plans. Republicans have attempted to politicize the process by making the maps only about their incumbent office holders,” he added.
Bond said that Hall’s and Cheatham’s plan was the the closest to "one person, one vote," a threshold needed to avoid certain legal defeat. All of the plans presented, Democratic and Republican had district variances of less than one percent.
Bond added, “Redistricting is a difficult process, filled with tough choices. Republican threats of lawsuits are only meant to try improve some political polling numbers for Republican officeholders and does nothing to help the people of Arkansas or the policy debate.”
Many eyes have been focused on how Attorney General Dustin McDaniel will handle the threat of litigation. The AG will have to defend the final Congressional District map approved by the legislature.
Republicans were critical of McDaniel based on comments made by Rep. Hall in committee on Wednesday. When asked by a committee member, Hall claimed McDaniel would defend his plan if it became law.
That brought a stern rebuke from state GOP spokeswoman Katherine Vasilos.
“It’s shameful that Attorney General Dustin McDaniel would rush to defend an unfair, partisan attempt for his party to retain power. While he opposed countless bills this legislative session under the threat of a lawsuit, Attorney General McDaniel has no problem defending the selfish interests of the State Democratic Party," she said.
McDaniel declared his formal position today, "I must assume that any congressional redistricting plan approved by the General Assembly will be challenged in court. Wednesday was the first time I had seen the plans presented to the House State Agencies Committee.
"Our office has repeatedly reminded legislators that population equality is the main standard that must be met in court. It is important to note that I disagree with any assertion that a 1 percent population variance among districts is acceptable. In my opinion, 1 percent will not cut it. Currently, at least 25 states have deviations of less than 10 people. I will continue to warn the General Assembly of its litigation risks.
"Assuming populations are equal, the fights appear to be political and are between the political parties, legislators and members of Congress. I reiterate my duty to defend any Act of the General Assembly, whether I agree with it or not," McDaniel said.
Concerns over the "Fayetteville to the Fourth" plan may be short-lived. Republicans are attempting to persuade Democratic members of the House to not support the plan. With a small majority margin, it wouldn’t take much to pull support below the necessary 50%, as we’ve previously reported.
Meanwhile, in the State Senate, a compromise plan between Republicans and Democrats is being discussed. Earlier today, State Sen. Johnny Key (R-Mountain Home) and State Sen. Robert Thompson (D-Paragould) were seen working on map details. Key confirmed later to Talk Business that discussions for a bipartisan compromise on the Senate’s end were taking place. The earliest legislation might be presented in the Senate State Agencies Committee is Monday. Rep. Hall has said that he may run his "Fayetteville to the Fourth" plan in the full House as early as Friday.