 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Arizona Minority Coalition For Fair Redistricting v. Arizona Independent Redistricting Commission10/21/2005
In November 2000, Arizona voters approved Proposition 106, which amended the Arizona Constitution and transferred the power to redraw lines for both legislative and congressional districts from the state legislature to the Arizona Independent Redistricting Commission ("Commission"). Ariz. Indep. Redistricting Comm'n v. Fields, 206 Ariz. 130, 134, 4, 75 P.3d 1088, 1092 (App. 2003); Ariz. Const. art. 4, pt. 2, § 1. In this appeal, we must decide whether the trial court correctly ruled on constitutional challenges to districts established by the Commission for use in elections held from 2004 through 2010. For the reasons that follow, we affirm in part, reverse in part, and remand the case to the trial court for further proceedings consistent with this Opinion.
BACKGROUND
The Commission consists of five appointed volunteers who serve concurrent ten-year terms. Ariz. Const. art. 4, pt. 2, §§ 1(3), (23). Commission members represent both major political parties; however, the chairperson must not be a registered member of either party. Ariz. Const. art. 4, pt. 2, § 1.
Pursuant to the redistricting provisions created by the passage of Proposition 106, the redistricting process begins with the creation of districts with equal population in a grid-like pattern across the state. Thereafter, the Commission is required to make adjustments to the grid, "as necessary," to accommodate various goals, including compliance with the Voting Rights Act, 42 U.S.C. § 1973c (1994) ("VRA") and respecting geographic, community, and competitive interests. Ariz. Const. art. 4, pt. 2, § 1(14).
The Commission must exclude party registration and voting history data from the initial phase of the mapping process but may use such information to test maps for compliance with the above-listed goals. Id. at § 1(15). "The places of residence of incumbents or candidates shall not be identified or considered." Id. Additionally, the Commission is required to advertise a draft map for comment by the public and for recommendations by the legislature. Id. at § 1(16). The recommendations "shall be considered" in establishing the final boundaries. Id.
The Commission hired National Demographics Corporation ("NDC") to consult on the commencement of the mapping process. Thereafter, on June 7, 2001, the Commission adopted its grid map, based solely on formulating districts of equal population, and then held the first round of hearings for the public to review and comment on the grid. The Commission next considered the other criteria required by Article 4, Part 2, Section 1(14) of the constitution in order to modify the grid map and create a draft map, which the Commission adopted on August 17. The Commission then presented its draft map and invited comments during a second round of public hearings.
On November 9, the Commission certified the 2001 legislative and congressional plans to the Arizona secretary of state, who certified the plans for the 2002 elections. In compliance with Section 5 of the VRA, the plans were then submitted to the United States Department of Justice ("DOJ") for preclearance.
On March 6, 2002, the Arizona Minority Coalition for Fair Redistricting, several state legislators, and others (collectively, the "Coalition") filed suit in superior court against the Commission challenging the legislative plan. The Coalition asserted that the Commission had failed to comply with Article 4, Part 2, Section 1(14)(F) by foregoing the creation of competitive districts when "it was possible to do so." The complaint alleged that, in violation of the voters' mandate, the Commission's proposed map would result in fewer, rather than more, compet
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Arizona Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
By using the system, you agree to TERMS OF SERVICE
|