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Board chairman: Courts to blame for election map problems

No guarantee election will happen as scheduled, Torgerson tells Chamber of Commerce

Posted: June 8, 2012 - 12:06am

Alaska Redistricting Board Chairman John Torgerson criticized the Alaska Supreme Court for how it handled its involvement in drawing new state election maps in a speech to the Juneau Chamber of Commerce on Thursday.

“This is a separation of powers issue, the court is trying to tell a constitutionally created board how to do its work,” the former Kenai legislator said.

Juneau and its Southeast neighbors got a close-up look at that involvement when they were whipsawed back and forth, with first Petersburg, then Haines and finally Petersburg again part of a Juneau-based district. That happened as the court reversed itself on how it viewed the board’s attempt to create a Native-influenced voting district in Southeast.

“We came down on the side that we wanted to protect Native voting strength in Southeast,” Torgerson said.

The Supreme Court however, told the board it had to follow the state constitutional requirement that districts be as compact, contiguous and economically integrated as possible.

That could only be done, Torgerson said, by taking Petersburg out of the Juneau districts and putting in Haines and northern Lynn Canal.

“That was the most compact and socioeconomically integrated we could possibly come up with,” he said.

Then the court, facing public criticism, said, “no, we’ll overturn ourselves” and swapped Petersburg back in, he said.

It was a 3-2 decision, but “three is enough to make the law of the land,” he said.

Torgerson praised Sen. Dennis Egan, D-Juneau, and Rep. Beth Kerttula, D-Juneau, for visiting Petersburg and a trying to allay concerns about being ignored and not getting state money in their new districts.

“Beth and Dennis went down there,” he said. “That raised the comfort level some.”

The slow judicial process has now put the Aug. 28 primary election in jeopardy, and unless there is speedy decision from the U.S. Department of Justice to pre-clear the plan under the Voting Rights Act, the election may have to be delayed into September, he said.

Torgerson said he visited Washington, D.C. earlier this week to visit the Justice officials assigned to Alaska, but was unable to determine whether his explanation of the Alaska plan and the need for a rapid decision swayed them.

“They don’t hardly even nod at you, so you don’t know if you did a good job or bad,” he said.

The Alaska Redistricting Board did the best it could to move quickly, but the court system, which is supposed to provide expedited review of redistricting, needs to be able to move more quickly, he said.

“We need to accelerate the timelines, or at least explain to the court what ‘expedited judicial review’ means,” he said.

The state needs to revise its redistricting system before the next redistricting process in 10 years, he said.

State estimates show continuing outmigration from rural areas to the cities will continue to shift voting strength as well.

Sen. Donny Olson’s northern Alaska district is already larger than Texas, and will likely increase in size by 2020, he said.

“How are we going to draw districts that maintain the voting strength of the regions?” he said.

The current redistricting process was the “most non-partisan in the history of the state,” and didn’t let protection of incumbents or partisan gerrymandering affect the process.

The board itself was the least political part of the process, he said, despite being made up of four Republicans and one non-partisan, with the four Republicans appointed by political leaders and the fifth member appointed by the chief justice.

The most political part of the process was in the courts, he said. Not the courts themselves, but the political interests that fought the battles there, he said.

Torgerson defended how the board carried out its mission.

“Somebody had to be the big daddy in the room and make the decisions, and that’s what we did,” he said.

• Contact reporter Pat Forgey at 523-2250 or at patrick.forgey@juneauempire.com.

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northwestclam
231
Points
northwestclam 06/08/12 - 07:40 am
2
3

Sniveling Torgerson

Really, put this hack back in retirement. There is a reason he was never able to be elected to office after he left the legislature. Really.

glacierdogs
1335
Points
glacierdogs 06/08/12 - 08:07 am
1
5

Agree with Empire and Torgerson

I agree with what is said in the article. The court was political, tardy and inept. The board was fair and prompt, and they did their job exceptionally well. Southeast owes a special thanks for the board member from Juneau and her work to preserve a rural Native district here.

The advice from the board regarding the 2020 census and succeeding redistricting is especially cogent. What occurred this year was only a preview of what is coming.

30YearResident
2687
Points
30YearResident 06/08/12 - 08:42 am
1
5

Concur with Dogs

And Torgerson is a fine leader who is working hard for Alaskans.

islander
1193
Points
islander 06/08/12 - 08:53 am
4
4

complete bat spat

The Board is required to comply with all federal and state voting requirements. They chose instead to follow the guidance of Randy R, head of the GOP in Alaska. Randy has openly raged about his involvement in several reports.

The Court is responsible to determine in the Board followed the requirements. Which they obviously did not or there would be no disputes over their partisan designs for the districts.

It is a wonder Torgerson did not blame the writers of the Alaska Constitution for not making district boundaries to be established by the Republican Party alone.

kmkmci
711
Points
kmkmci 06/08/12 - 10:59 am
3
3

The courts failed Alaskans all right...

by not recognizing in a timely manner that the Redistricting Board had no intention of drawing a legal, fair, or constitutional plan in Alaska. The courts should have ordered an impartial redistricting master to consider other plans put forward that were legal, constitutional, and in compliance with the VRA according to consistent standards applied across the State.

El_Boorba
1450
Points
El_Boorba 06/08/12 - 11:18 am
3
2

Political?

"The board itself was the least political part of the process, he said, despite being made up of four Republicans and one non-partisan, with the four Republicans appointed by political leaders and the fifth member appointed by the chief justice."

The fact that he knows the party affiliation of the board is proof enough that it was a political process.

How many Democrats ended up facing other Democrats?

How many Republicans ended up facing other Republicans?

El_Boorba
1450
Points
El_Boorba 06/08/12 - 11:19 am
2
2

Political?

How many Democrats ended up facing other Democrats?

How many Republicans ended up facing other Republicans?

"The original plan put two Democratic senators from Fairbanks into the same district, Joe Paskvan and Joe Thomas, but that district was challenged -- and changed. Now Paskvan is the sole incumbent of his district, while Thomas has to face another incumbent, Republican John Coghill of North Pole.

As currently mapped, two other members of the Senate bipartisan majority coalition will also face off, Republican Bert Stedman of Sitka and Democrat Albert Kookesh of Angoon. The board put two Anchorage Democratic House members together, Mike Doogan and Chris Tuck, but Doogan is retiring anyway. Two Republican House members from Southeast were also put together, Peggy Wilson of Wrangell and Kyle Johansen of Ketchikan, but Johansen is on the outs with his party and wasn't a member of the Republican-led House majority.

Read more here: http://www.adn.com/2012/05/01/2448278/redistricting-map-solutions-elusiv... "

bjfluetsch
2940
Points
bjfluetsch 06/08/12 - 06:04 pm
1
3

It seems the Court

It seems that Alaska Supreme Court got a little full itself during the redistricting effort and then was served a plate of humble pie. Let us hope they keep perspective on their place in the universe. Apparently not all revolves around them.

skirkz
6682
Points
skirkz 06/08/12 - 06:23 pm
2
1

Total BS.

To start with, since when do the districts get divided according to RACE? And, what is contiguous and compact about either of the options discussed? And what part of any constitution makes judicial "interpretation" of law the actual edict from God? Why not add religious affiliation into the equation? Color? Favorite food? I know... Education!. Everyone with a PHD in this district and everyone with a GED in that district! Courts flip-flop decisions constantly. Who knows what is legal anymore? Judges and court rulings incessantly USURP themselves as the LAW. I think that constitutions in general don't require a lot of interpretation. The word itself implies latitude subject to twisting the intended purpose. Yet the country constantly allows itself to be hoodwinked by these interpreters and give them their usurped position as LAW MAKERS. They are not. The judiciary has staged a successful coup as appointed officials to supplant their appointers... The duly elected representatives of WE THE PEOPLE. Now. Let's read the law. The constitution. What does it say. Not clear enough? Fine. Let me throw my interpretation into the ring. I want a district that is aligned to include alL backslid, non-union Pentacostal, hienze 57 charasmaniacs. Hey! To split our vote up would be discrimination! Amen?

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