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High court orders redistricting plan be redrawn

Posted: December 30, 2012 - 1:11am

A divided Alaska Supreme Court on Friday ordered the state’s redistricting plan be redrawn for the 2014 elections.

The high court earlier this year ordered the redistricting board to redraw the map, with greater deference to Alaska constitutional requirements. But the court ultimately decided to let an interim plan be used for this year’s elections, after finding problems and concerns with the new map.

The court’s decision Friday finds that the board did not follow the process it was instructed to follow in redrawing the map the first time. That process — laid out in an earlier case, Hickel v. Southeast Conference — called for the board to design a plan focusing on state constitutional requirements and then determine if the plan complies with federal law. If it didn’t comply, the board was to make revisions deviating from the constitution when deviation was the only means available to meet the federal voting act requirements.

The majority opinion, written by Justice Walter Carpeneti, said it’s undisputed that the board began formulating its original plan by focusing exclusively on race and creating the correct number of districts needed to meet federal voting act requirements. When the board was ordered to take the constitution into account first in drawing the districts, it left intact the boundaries of 36 districts that hadn’t been challenged, the decision states.

Those 36 districts were first created to comply with the voting rights act, a “clear violation of Hickel’s plain language,” the decision states.

The decision turns aside a lower court ruling requiring the board to make findings of constitutionality on each House district and to submit a plan to the court for approval at each stage of drafting.

Justices Daniel Winfree and Craig Stowers agreed the board did not follow the process mandated by the high court but disagreed with the decision to not require district-by-district findings.

“Having twice failed to follow the Hickel process, the Board should be required to make findings allowing appropriate judicial review of its determinations,” the justices said.

Justice Dana Fabe and Senior Justice Warren Matthews, who was sitting by assignment, dissented from the majority opinion, saying they believed the board’s approach was practical and reasonable. They noted the challenge facing the board in complying with both the federal and state constitutional requirements.

Alaska is among the states required to submit redistricting plans or proposed election changes to the U.S. Justice Department for review to ensure the plans aren’t discriminatory.

Michael White, an attorney for the redistricting board, said Friday that he was still analyzing the decision and that the court may have misconstrued or overlooked some key facts.

He said the board will have to decide whether it wants to ask the court to reconsider its decision.

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Latitude58
14400
Points
Latitude58 12/30/12 - 09:20 am
6
3

Excuse me....

...but you look familiar. Have we met? Oh, sure, I know you! Gerry! Gerry Mander! How ARE you? You don't say! $2 billion per year? Wow, that's a lot of loot.

Well, take care. Say hello to Sean for us.

islander
1192
Points
islander 12/30/12 - 09:29 am
1
2

and those who were elected

in districts that may not exist after this fix or those who were elected that will represent areas that did not elect them will still be in power, It is time to make the change to a unicameral system for Alaska. That would allow effectively more individual districts without increasing the number of legislators.

Latitude58
14400
Points
Latitude58 12/30/12 - 10:52 am
4
2

islander

If we had a unicameral last session, Parnell would have been able to walk his oil tax giveaway right through. Only the senate was able to put the brakes on Governor Giveaway.

concerned
572
Points
concerned 12/30/12 - 10:52 am
2
3

Latitude 58

The two most liberal justices Mathews and Fabe said it was practical and reasonable. I think you are right it must have been a Gerry mander in favor of democrats.

jmacinak
397
Points
jmacinak 12/30/12 - 01:19 pm
3
2

A two billion PER YEAR

A two billion PER YEAR giveaway wouldn`t be on the agenda at all if we had a unicameral legislature. It would have been a done deal and we would at this very moment be scrambling and begging the oil companies to "please please" drill a well. And they would have the state over a barrel because they controlled the rate of Alaska development. Instead, competition is breaking out all over the state, as world demand for what Alaska has (lots of oil, gas, and valuable gas liquids), grows, and Alaskans are in a position to keep benefiting from their finite resources for several generations, until we`re developed enough to cease use of air and water- polluting fossil fuels, replaced with new and far more efficient renewable energy sources. We should have a new election, and I don`t understand the silence of those others who condone this partisan result in a process that was designed and expected to be a non-partisan process to protect against extortion like what the oil companies are doing to Alaska`s government even as I write this. This process stifles debate on serious issues such as this tax giveaway our ex-Conoco and ex-Exxon employee (and future golden boy?) is trying to push through what is supposed to be a deliberative body.There are "two BILLION reasons, A YEAR! why the criminal results of the election should be annulled due to the illegal parameters used to reapportion. . This may as well be called the "rubber-stamp" legislature... just stamp "yes" on every bill governor giveaway sends downstairs. Some evidence supporting; http://www.adn.com/2012/05/30/2485737/oil-lobby-spent-1m-plus-to-influen... and http://www.juneauempire.com/stories/102807/let_20071028011.shtml and http://www.vanityfair.com/politics/features/2007/03/spyagency200703 and http://www.bloomberg.com/news/2012-03-14/saic-to-pay-500-million-to-sett... Just this old Alaskan`s two cents.

LM
318
Points
LM 12/31/12 - 01:46 pm
0
0

2013 G Mandering once again!

Now what! Leave the district alone!

LM
318
Points
LM 12/31/12 - 01:46 pm
0
0

2013 G Mandering once again!

Now what! Leave the district alone!

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