No redistricting change

By Howard Fischer
Capitol Media Services
Published/Last Modified on Friday, April 11, 2008 3:06 PM MDT


 PHOENIX — The Arizona Court of Appeals has rebuffed efforts of a coalition of Democrats and Hispanics to force redrawing of the state’s 30 legislative districts in a fashion to give Democrats a better chance to take control of the Legislature.


Map of current Arizona Legislative Districts.

 In a unanimous ruling Thursday, the court overturned a trial judge’s ruling that the Arizona Independent Redistricting Commission, created by voters in 2000, did not give sufficient consideration to a legal requirement that they do what they can to create politically competitive districts. These are districts where the number of registered Democrats and Republicans is sufficiently close so that a candidate from either party has a reasonable chance of getting elected.

 Judge Maurice Portley, writing for the appellate court, said commissioners did, in fact, consider competitiveness in drawing the lines. He said their decision not to alter the lines to provide more politically balanced districts was justified because they concluded — properly, he said — that doing so would harm the other goals the constitution requires them to consider, including protecting communities of interest.

 Thursday’s ruling is not going to be the last word, and not just because Charles Blanchard, who represents the challengers, said they are expected to appeal to the Arizona Supreme Court. Voters could face two competing measures in November to alter the whole system.

 The 2000 initiative scrapped the system used since statehood where Legislature drew boundaries every decade for not only its own seats but also for congressional districts.

 It requires the commission to create legislative and congressional districts that are generally equal in population. The districts also must be “geographically compact and contiguous,’’ must “respect communities of interest’’ to the extent possible, and comply with the federal Voting Rights Act which precludes changes that dilute minority voting strength.

 It also requires that “to the extent practicable, competitive districts should be favored where to do so would create no significant detriment to the other goals.’’

 Commission Chairman Steve Lynn of Tucson said that means the other criteria are more important. Based on that, the panel created just four competitive legislative districts.

 When Maricopa County Superior Court Judge Kenneth Fields ruled otherwise, the commission appealed.

 Lisa Hauser, the commission’s attorney, acknowledged the lines could have been drawn in a different way, possibly creating more competitive districts. But she said judges cannot substitute their judgment for that of the commissioners.

 Portley agreed.

 “The commission followed the constitutional plan,’’ he wrote. And he specifically said there is nothing wrong with the commission considering competitiveness after evaluating other factors.

 “The commission considered competitiveness and made a finding that a more competitive plan would cause a significant detriment to the other five constitutional goals,’’ Portley said. “We conclude that the commission’s findings were supported by substantial evidence.’’

 If the ruling is upheld by the Supreme Court, it gives clear direction to the commission how to redraw the lines again after the 2010 census.

 But there already are efforts on two fronts to alter the entire process.

 One initiative would effectively overturn Thursday’s ruling by directing the commission to create as many politically competitive districts as possible. That mandate would take precedent over other goals, including having districts be compact and trying to protect communities of interests.

 Most of the financing for that is coming from Jim Pederson, the former chairman of the Arizona Democratic Party. He was also the deep pocket behind the 2000 initiative — an initiative that did not create the change in the Legislature he had sought.

 At the same time, Rep. Jonathan Paton, R-Tucson, has crafted an alternative to replace the five appointed commissioners with politically elected ones, a proposal that could favor Republicans who outnumber Democrats. That measure, which already has been approved by the Republican-controlled House, would leave the goal of creating politically competitive districts in last place.

 The latest figures show Republicans make up nearly 39 percent of registered voters. Democrats constitute almost 34 percent, with the balance registered as Libertarians or independents.

 Democrats last controlled the Senate in the 1991-92 session, though they shared power with Republicans in a 15-15 split in 2001 and 2002. The House has been in Republican control since the mid 1960s.

 The current breakdown gives Republicans 17 of the 30 Senate seats and 33 of 60 House seats.

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