Nov 17 2011

A redistricting hierarchy

Published by at 3:17 pm under Idaho

The challenge to the new Idaho redistricting plan led by Twin Falls County Prosecutor Grant Loebs (joined in by a bunch of other jurisdictions) is in, and there’s been some review of it – and some support in places like the Twin Falls Times News editorial page. There is no perfect way to predict what the Idaho Supreme Court might do; it has a way of surprising on redistricting cases. But from here, the core argument before it doesn’t look especially solid.

The Times News describes it succinctly, and it goes like this. The parameters of a redistricting are bound by three sets of terms. There’s the U.S. Constitution, at the highest level, which requires (according to Supreme Court interpretations) adherence to the “one man, one vote” principle – meaning that districts should have as close as practical the same number of people (or at least electors). Second, there’s the state constitution, which has a similar requirement calling for as few counties as practical to be split. And third, there are a series of laws (and legal cases, which the editorial doesn’t make clear) which also have to be considered – things like maintaining communities of interest, not overtly benefitting specific parties or individuals, no overt gerrymandering, care not to disenfranchise certain minority groups (notably Indian tribes in Idaho’s case), and others.

The editorial: “If you accept the fact that a state law can never trump the state constitution, the map becomes a lot easier to draw. The current plan that was created by the redistricting commission carves up counties more times than they needed to be. This is where Loebs’ suit makes its stand, and it’s an approach we have a hard time arguing against.”

Maybe you already see the logical problem here.

If redistricting is simply a case of absolute trumps, then the state constitution need not apply at all. Rather, you adopt – as a matter of requirement – whatever plan you can draw that split’s Idaho’s population into 35 equally populated districts. Because, if Loebs’ trumping argument is right, then only “one man, one vote” comes into play. Anything else would dilute the mandate of the U.S. constitution.

As a matter of history, the courts haven’t looked at it that way. Reasonably and practically, they’ve allowed for a degree of give and flexibility in the system. As an informal guide, redistricters have found that courts will usually accept plans that have about a 10% or less deviation in population between the most and least populous districts. That means a number of plans could be considered reasonable and practical. That’s what allows us to even get to a consideration of what the state constitution says.

The same principle seems to apply to splitting counties. If you split too many counties, that could be a basis for rejecting a plan. But how many is too many? Consider this from the reapportionment commission’s report on its plan:

a. 1 county has a population that it can constitute a single district by itself without combining with any other county or portion of another county. It is Bingham County.Bingham County occupies a unique position within Idaho because it is surrounded by counties that must either be split or combined with other counties and contains a portion of a Native American Reservation, the remainder of which is located in three other counties (Power, Bannock, and Caribou).   
b. Two counties could be divided into districts wholly within that county that meet the one person/one vote requirement without having to combine any portion of that county with any other county or portion of another county. They are Ada County
and Kootenai County.
c. Four counties are of such population that one or more districts can be created solely within the county, but a portion of the county must be combined with other counties to meet the one person/one vote requirements.  They are Bannock County,
Bonneville County, Canyon County, and Twin Falls County.
d. The remaining counties are so sparsely populated that they must be combined with other counties to create districts of sufficient population to comply with the federal constitutional requirement of one person/one vote. One of these counties
(Bonner) must be divided and combined with contiguous counties because one neighboring county (Boundary) is not contiguous to any other county.”

There is no way, in other words, to split fewer than five counties in crafting a plan, the commission said. It could do that (which seems to be where Loebs is headed). But are the current plan’s 11-county splits (of 44 counties, remember) really too many – if it means you rapidly start throwing out all the other considerations a redistricting plan should include? It seems here, probably not.

There’s some gray area, as so often the case in this mathematical-based exercise. But the Supreme Court may wind up considering this as well: If it gives such strong primacy to a plan that places such strong emphasis on just one reapportioning goal, it’s apt to generate more lawsuits on the basis that others were not considered. And lawsuits on those kinds of bases have worked, from time to time, as well.

Share on Facebook

Comments Off

Comments are closed at this time.

Share on Facebook

 


Two bulls fire near Bend, and defensible space.

 

JOURNEY WEST

by Stephen Hartgen
The personal story of the well-known editor, publisher and state legislator's travel west from Maine to Idaho. A well-written account for anyone interested in Idaho, journalism or politics.
JOURNEY WEST: A memoir of journalism and politics, by Stephen Hartgen; Ridenbaugh Press, Carlton, Oregon. $15.95, here or at Amazon.com (softcover)

 

 

NEW EDITIONS is the story of the Northwest's 226 general-circulation newspapers and where your newspaper is headed.
New Editions: The Northwest's Newspapers as They Were, Are and Will Be. Steve Bagwell and Randy Stapilus; Ridenbaugh Press, Carlton, Oregon. 324 pages. Softcover. (e-book ahead). $16.95.
See the NEW EDITIONS page.

How many copies?

 
THE OREGON POLITICAL
FIELD GUIDE 2014

The Field Guide is the reference for the year on Oregon politics - the people, the districts, the votes, the issues. Compiled by a long-time Northwest political writer and a Salem Statesman-Journal political reporter.
OREGON POLITICAL FIELD GUIDE 2014, by Randy Stapilus and Hannah Hoffman; Ridenbaugh Press, Carlton, Oregon. $15.95, available right here or through Amazon.com (softcover)

 
 
THE IDAHO POLITICAL
FIELD GUIDE 2014

by Randy Stapilus and Marty Trillhaase is the reference for the year on Idaho Politics - the people, the districts, the votes, the issues. Written by two of Idaho's most veteran politcal observers.
IDAHO POLITICAL FIELD GUIDE 2014, by Randy Stapilus and Marty Trillhaase; Ridenbaugh Press, Carlton, Oregon. $15.95, available right here or through Amazon.com (softcover)

 
 
without compromise
WITHOUT COMPROMISE is the story of the Idaho State Police, from barely-functioning motor vehicles and hardly-there roads to computer and biotechnology. Kelly Kast has spent years researching the history and interviewing scores of current and former state police, and has emerged with a detailed and engrossing story of Idaho.
WITHOUT COMPROMISE page.

 

Diamondfield
How many copies?
The Old West saw few murder trials more spectacular or misunderstood than of "Diamondfield" Jack Davis. After years of brushes with the noose, Davis was pardoned - though many continued to believe him guilty. Max Black has spent years researching the Diamondfield saga and found startling new evidence never before uncovered - including the weapon and one of the bullets involved in the crime, and important documents - and now sets out the definitive story. Here too is Black's story - how he found key elements, presumed lost forever, of a fabulous Old West story.
See the DIAMONDFIELD page for more.
 

Medimont Reflections Chris Carlson's Medimont Reflections is a followup on his biography of former Idaho Governor Cecil Andrus. This one expands the view, bringing in Carlson's take on Idaho politics, the Northwest energy planning council, environmental issues and much more. The Idaho Statesman: "a pull-back-the-curtain account of his 40 years as a player in public life in Idaho." Available here: $15.95 plus shipping.
See the Medimont Reflections page  
 
Idaho 100 NOW IN KINDLE
 
Idaho 100, about the 100 most influential people ever in Idaho, by Randy Stapilus and Martin Peterson is now available. This is the book about to become the talk of the state - who really made Idaho the way it is? NOW AN E-BOOK AVAILABLE THROUGH KINDLE for just $2.99. Or, only $15.95 plus shipping.
 

Idaho 100 by Randy Stapilus and Martin Peterson. Order the Kindle at Amazon.com. For the print edition, order here or at Amazon.


 

    Top-Story-graphic-300x200_topstory8
    Monday mornings on KLIX-AM

    watergates

    ORDER IT HERE or on Amazon.com

    More about this book by Randy Stapilus

    Water rights and water wars: They’re not just a western movie any more. The Water Gates reviews water supplies, uses and rights to use water in all 50 states.242 pages, available from Ridenbaugh Press, $15.95

    intermediary

    ORDER IT HERE or on Amazon.com

    More about this book by Lin Tull Cannell

    At a time when Americans were only exploring what are now western states, William Craig tried to broker peace between native Nez Perces and newcomers from the East. 15 years in the making, this is one of the most dramatic stories of early Northwest history. 242 pages, available from Ridenbaugh Press, $15.95

    Upstream

    ORDER HERE or Amazon.com

    The Snake River Basin Adjudication is one of the largest water adjudications the United States has ever seen, and it may be the most successful. Here's how it happened, from the pages of the SRBA Digest, for 16 years the independent source.

    Paradox Politics

    ORDER HERE or Amazon.com

    After 21 years, a 2nd edition. If you're interested in Idaho politics and never read the original, now's the time. If you've read the original, here's view from now.


    Governing Idaho:
    Politics, People and Power

    by James Weatherby
    and Randy Stapilus
    Caxton Press
    order here

    Outlaw Tales
    of Idaho

    by Randy Stapilus
    Globe-Pequot Press
    order here

    It Happened in Idaho
    by Randy Stapilus
    Globe-Pequot Press
    order here

    Camping Idaho
    by Randy Stapilus
    Globe-Pequot Press
    order here