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Redistricting board wants high court to reconsider

Posted: January 10, 2013 - 1:08am

JUNEAU — The Alaska Redistricting Board wants the state’s highest court to reconsider its decision that requires Alaska’s political boundaries to be redrawn.

Attorneys for the board said in a petition filed this week that the court misconstrued or overlooked important facts in the case. They say the court — whose review of the plan is limited, they say, to ensuring the plan is not unreasonable and is constitutional — ignored its duty in failing to answer whether the plan adopted by the board was constitutional.

The attorneys also say the court violated the separation of powers doctrine by dictating the process the board must use in drawing a map — when the Alaska Constitution gives that right to the board.

“This court reviews a redistricting plan just as it does a regulation adopted by an administrative agency by giving deference to the factual or policy determinations of the Board and refraining from substituting its judgment for that of the Board expect on questions of law,” attorneys Michael White and Nicole Corr wrote in the filing dated Monday.

“This court rejects the Board’s chosen process of reapportionment, a task exclusively given to the Board by the Alaska Constitution, by implying the Board should have changed more districts than it did despite the Board’s rationale and reasoning exhibited in its explicit detailed findings,” they said.

A divided Alaska Supreme Court last month ordered the redistricting plan be redrawn for the 2014 elections, finding that the board did not follow the process it was instructed to follow.

Earlier in 2012, the court ordered the map be redrawn with greater deference to Alaska constitutional requirements. But the court ultimately let an interim plan be used for this year’s elections, after finding problems and concerns with the new map.

In its latest decision, the court found that the board did not follow the process it was instructed to follow in redrawing the map the first time.

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

The board’s attorneys dispute that number.

They also say just four districts were originally drawn to comply with the Voting Rights Act. “While the configuration of these districts may have had some ripple effect on the bordering districts, they did not impact the contours of every district in the state,” they wrote.

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wolfmagic2012
2658
Points
wolfmagic2012 01/10/13 - 10:14 am
4
1

Lol,

Gerrymandering at it's finest!

islander
1189
Points
islander 01/10/13 - 10:29 am
2
0

like a group of kids

Please mom and dad reconsider what you decided. That the ongoing Redistricting Board; they sounds like children complaining.

It obvious the Board is more concerned with it power than it is with judicial interpretations of their required duties.

The only thing for certain is those who were elected in these districts will continue in their positions. Mission Accomplished by the "nonpartisan" Board.

swimmergirl
4368
Points
swimmergirl 01/10/13 - 12:51 pm
1
0

Dinosaur boards

It's clear looking at the national trends that the way these kinds of boards have been selected and run needs to change. Ensuring every single American gets a fair vote and fair representation should not be left to elected or partisan boards - regardless of which side your political bread is buttered on.

northwestclam
231
Points
northwestclam 01/11/13 - 06:34 am
0
0

Bohring once again shows

that a story by fax is the best she can give us. Try interviewing someone, or just let them send you back to Honolulu to file another flimsy article.

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