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Friday, January 20, 2006

Ind. Law - It's tough to separate politics, redistricting

"It's tough to separate politics, redistricting: Plan for bipartisan panel to draw boundaries gets 1st OK on -- surprise! -- a party-line vote" is the headline to this story today by Indianapolis Star political writer Mary Beth Schneider. Some quotes:

A bill creating a bipartisan commission to draw legislative district lines passed its first legislative hurdle Thursday -- but along partisan lines.

Each of the seven Republicans on the House Elections Committee voted to support House Bill 1009, which creates the commission, while each of the five Democrats voted no. The bill now moves to the full House for debate.

The legislation is intended to help create more competitive races, so fewer voters go into the polls knowing that one or the other major party has such an enrollment advantage that it's next to impossible for it to lose. * * *

The National Conference of State Legislatures said 12 states have redistricting commissions whose opinions are final, two states have advisory commissions and five have commissions that take action only if the legislature doesn't.

The Indiana Constitution puts the job in the hands of lawmakers. That, said Rep. Ed Mahern, D-Indianapolis, is why the commission is a bad idea. * * *

Currently, the political party that wins control of the House or Senate in a census year draws the legislative maps for that body, which are supposed to reflect any population shifts. In 2001, for instance, Republicans held, as they do now, the Senate majority and drew those districts, while Democrats who then controlled the House drew up House districts. * * *

Under [Rep. Gerald R. Torr's] bill, a bipartisan commission would draw the maps. Each of the four legislative leaders -- two from each party and each chamber -- would appoint a member, with the fifth member appointed by the chief justice of the Indiana Supreme Court.

Members could not have been legislators, lobbyists, top campaign officials or certain other officeholders for at least six years.

The legislature would have to approve the new maps.

A sidebar notes: "The legislature would be called to a special session to approve the commission's maps. They would be limited to making only technical amendments, not major changes. The bill so far is silent on what happens if the legislature rejects the maps."

Read the bill for yourself here: HB 1009.

Lesley Stedman Weidenbener writes in the Louisville Courier Journal:

House Speaker Brian Bosma — in what he said would be his only committee testimony of the session — said the commission would take the politics out of redistricting. That process occurs every 10 years, after federal officials release new population data obtained in the U.S. Census. * * *

But Democrats said that the bill is unnecessary and that the changes in party control of the House in recent years are evidence that the current system keeps races competitive.

The bill would create a five-member commission, with one member appointed by the leaders of each party in the two legislative chambers. The Indiana Supreme Court chief justice would appoint the chairman.

The group would meet in the spring and summer of a redistricting year, holding at least three public hearings -- one each in the northern, central and southern parts of the state. Also, the commission would make census data available to the public so the public could recommend district lines.

The commission would be assigned to develop districts based on population and compactness, with an emphasis on keeping communities within one district where possible.

The bill also calls for the 100 House districts to be "nested" within the 50 Senate districts. That means the boundaries of each Senate district would contain two House seats.

Once the maps were finalized, the General Assembly would convene a fall special session and vote on them.

But the bill is silent on what would happen if lawmakers reject the recommendation.

The bill's author, state Rep. Jerry Torr, R-Carmel, said he believes lawmakers -- under pressure from the public -- will approve the commission's recommendation. If they don't, Torr said, the House and Senate probably would have to rewrite the law and then draw and approve their own maps.

Rep. Paul Robertson, D-Depauw, said gaining approval for the independent commission's recommendation probably wouldn't be easy, especially if the maps pit incumbents against each other or if they would obviously put one party into power. * * *

But Rep. Ed Mahern, D-Indianapolis, said he believes that even giving the commission the job of drawing maps and making a recommendation violates the constitution. The constitution reads, in part:

"The General Assembly elected during the year in which a federal decennial census is taken shall fix by law the number of Senators and Representatives and apportion them among districts."

Also, Mahern said, the bill violates the separation of powers clause of the Indiana Constitution by giving the chief justice the power to appoint the chairman of a commission charged with a legislative duty.

"That creates a further problem if the maps end up in court," Mahern said.

But the bill received endorsements from two key groups: the League of Women Voters and Common Cause.

Jennifer Whitson of the Evansville Courier& Press writes today:
After the commission draws up new districts, the Legislature would still have to vote on them in bill form. The bill is silent on what would happen if the Legislature is unable to pass the bill.

Torr said that in that case, lawmakers could scrap the commission's recommendation, pass a bill to undo the commission's creation and then pass another bill setting up district lines themselves.

Democrats on the committee asked what the new districts would mean for federal requirements not to water down the voting power of minority blocks.

They also questioned whether putting a judicial appointment in charge of a task that the state constitution's gives to the legislature would pass muster in the case of a lawsuit.

"We would have the Chief Justice involved in what constitutionally is our duty," said Rep. Ed Mahern, D-Indianapolis. "The only way you're ever going to get a commission, in my mind, is to amend the constitution."

Niki Kelly's article in the Fort Wayne Journal Gazette reports:
Democrats in the House have drawn the maps for the past three decades, sometimes leading to gerrymandered districts that protect incumbents and build districts that lean Republican or Democratic based on voting data.

Under House Bill 1009, each of the four caucus leaders would appoint a person to the commission. The fifth member of the panel – and the chairman – would be appointed by the chief justice of the Indiana Supreme Court.

That post has belonged to Republican Randall T. Shepard since 1987.

See also this 1/10/06 ILB entry on the proposal, and this 1/16/06 entry.

Posted by Marcia Oddi on January 20, 2006 06:48 AM
Posted to Indiana Government | Indiana Law