Judges made three correct decisions

by Tom Campbell, Producer and Moderator, NC SPIN, August 3, 2017.

Monday’s redistricting verdict issued by a panel of three federal court judges was correct in three important elements.

The panel ruled that legislators had dragged their feet redrawing legislative districts following the August 2016 verdict that current legislative districts were unconstitutional, a decision affirmed by the U.S. Supreme Court in June. Governor Cooper urged legislators to take prompt action by calling them into a “special” session in June. Cooper’s request was ignored.

The court further dictated that the new districts be redrawn by September 1, allowing them a grace period of two additional weeks if they demonstrated sufficient progress. Lawmakers had previously said they could complete the new maps by November 15^th, but the court declared they had already had ample time to complete the process and were being intransigent.

It is obvious legislators were stalling, perhaps because they had hopes the court might rule in their favor, but more likely because the longer they dragged their feet the less likely they would be forced to hold special elections prior to the 2018 scheduled date.

The third decision ruled against holding special elections. Plaintiffs were disappointed, arguing that all laws passed in the recently concluded session were null and void because they were passed by an illegally constituted legislature. Common sense prevailed in this instance, however. The special elections that plaintiffs demanded would be both costly and only temporary, since any legislator elected in a special election would only serve until January 2019, when those elected in next year’s elections would take office.

So what’s the significance between the November 15^th date lawmakers proposed and the September deadline given by the court? Our state Constitution requires that to be eligible to serve in our legislature a person must live in the district from which they are elected for a minimum of one year. Legislative elections are scheduled for November 6^th of 2018. The lawmakers’ proposal would likely have precluded some candidates from running because they failed the residency requirement, but the court, mindful of the dilemma, waived the residency requirement for next year’s elections.

This is only one of the redistricting shenanigans we’ve seen recently. The practice of “hot bunking” two incumbents into the same district or deliberately redrawing a district so that an incumbent fails the residency requirement are not so subtle ways in which legislators have rid themselves of incumbents – sometimes within their own party – they would like to see gone.

This case is far from over. The three-judge panel stipulated it would review the maps submitted by lawmakers to determine compliance with our Constitution and the Voting Rights Act of 1965. Plaintiffs will have a similar opportunity to submit maps. The court reserves the right to accept the legislative maps, maps submitted by the plaintiffs or the court could itself draw new maps. This action would not be without precedent. Following the 2001 redistricting, also ruled unconstitutional, Johnston County Superior Court Judge Knox Jenkins grew weary of similar stalling by the Democrats that controlled the legislature, delays that forced the moving of the 2002 primary elections. Knox drew the maps himself.

This entire affair proves again the need to take redistricting away from our legislature, saving time and many taxpayer dollars, instead placing the task with an independent body. Other states have successfully done so and it is time North Carolina followed suit.