On November 2, 2010, Florida voters passed a constitutional initiative, requiring that redistricting of U.S. House and state legislative seats be done by the legislature in a manner that outlaws partisan advantage to any party. Outgoing Governor Charlie Crist forwarded the text of the measure to the Voting Rights Section of the U.S. Justice Department, because Florida is covered by section 5 of the Voting Rights Act, and can’t change its election laws without approval from the federal government.
However, after incoming Governor Rick Scott took office, he withdrew the filing. On February 3, three several civic organizations and five voters filed a lawsuit in U.S. District Court, to force Governor Scott to forward the measure to the Justice Department. The case is League of Women Voters, et al v Scott, 4:2011-cv-10006. The case is in the federal court in Key West, because the voter-plaintiffs live there. Thanks to Rick Hasen for news of this lawsuit. Here is the complaint.
The Florida House of Representatives has intervened in Brown v. Florida which was filed by Rep. Corrine Brown and Rep. Mario Diaz-Balart arguing that the amendment (with respect to congressional redistricting) violates the VRA, and also that it violates the elections clause of the US Constitution (Article I, Section 4) by interfering with the legislative authority to prescribe the manner of electing members of Congress.
The Florida House intervention is based on the second part of the complaint. If the State of Florida (as distinct from the Legislature of Florida) does not have the authority to prescribe the manner of electing members of Congress, then the Florida constitutional amendment violates the US Constitution, and can not be forwarded for preclearance under the VRA.
Monroe County is one of 5 counties in Florida subject to preclearance under Section 5 of the VRA, which is likely why the voter-plaintiffs are from there (Key West is the county seat of Monroe County).
Most of the plaintiffs in the new suit are defendant-intervenors in the first suit, so the new seat may be more of an attempt to gain control of the legal case.
SCOTUS upheld the Oregon initiative law stuff by the SOVEREIGN Electors in a State circa 1911 — a mere 100 years ago.
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The VRA is a giant perversion of the 15th Amdt — by ANY body who can understand the English language — see 14th Amdt, Sec. 2 enacted by mostly the same folks who enacted 15th Amdt, Sec. 1.
Both 14th Amdt, Sec. 2 and 15th Amdt, Sec. 1 have to do with who can be an ELECTOR / voter in a State.
The 15th Amdt happened due to the CLOSE election of Prez. Grant in the NORTHERN States in 1868 — Congress Elephants panic in Jan-Feb 1869 – try to get Elephant BLACK male votes (many ex-Union Army and Navy persons) in the marginal NORTHERN States via the 15th Amdt.
ALL the other stuff is a perversion by the party hack MORON courts — gerrymanders, etc. — totally separate stuff from who can be an Elector in a State.
P.R. and App.V. — to END the EVIL political ROT in the U.S.A.