Three-judge Court Rules 2-1 that Arizona Can Use an Independent Commission to Draw U.S. House Boundaries

On February 21, a 3-judge U.S. District Court ruled in Arizona State Legislature v Arizona Independent Redistricting Commission, cv-12-1211, that the U.S. Constitution does not prevent states from setting up independent redistricting commissions to draw boundaries for U.S. House districts. Judge G. Murray Snow, a Bush Jr. appointee, wrote the decision, which was co-signed by Judge Mary M. Schroeder, a Carter appointee. Judge Paul Rosenblatt, a Reagan appointee, dissented.

Arizona has been using an Independent Redistricting Commission since the 2000 census. Article One, Section 4 of the U.S. Constitution says, “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.” The question in this case is whether the Constitution’s reference to “legislature” means that only the state legislature can draw the boundaries.

Both the majority opinion and the dissent agree that the Arizona Redistricting Commission exercises legislative power. The dissent says that the federal Constitution’s language means that the legislature itself must have a substantial role in drawing the districts; but the majority says that because the Commission is part of Arizona’s legislative process, the Commission falls within the meaning of “legislature.”

The U.S. Supreme Court ruled in 1916 that the U.S. Constitution was not violated when Ohio let its voters use the referendum process to repeal the Ohio legislature’s redistricting plan. The U.S. Supreme Court also ruled in 1932 that the U.S. Constitution was not violated when Minnesota’s Governor vetoed the 1931 redistricting plan passed by the legislature. The majority rests its decision on those two cases. The dissent says that those two cases do not control the Arizona decision, because in both Ohio and Minnesota, the legislatures still had the authority to draw the lines, or to re-draw them after either the voters or the Governor had thwarted the legislature’s first attempt.

It is somewhat likely that the Arizona legislature will appeal this decision to the U.S. Supreme Court. Because the matter comes from a 3-judge court, the U.S. Supreme Court must either summarily affirm the decision, or accept it for review. Thanks to Rick Hasen for this news. Here is a news story that has a link to the decision. The majority decision is 14 pages and the dissent is 3 pages.

Americans Elect Member Files to Run for California Lieutenant Governor

Alan S. Reynolds has filed to run for Lieutenant Governor of California. He is registered into Americans Elect, so that label will be on the ballot next to his name in the June 2014 primary. He has been endorsed by the Reform Party, which is not ballot-qualified. Here is his campaign web page.

If AB 2351 passes as it is currently written, and if Reynolds gets at least 2% in the June primary, that will keep Americans Elect on the ballot for the next four years. Its position on the ballot could be important in the 2016 presidential race.

So far, there are also at least four Democrats running for Lieutenant Governor, at least one Republican, and a Green. Jim King, of the American Independent Party, may file, but he has not done so yet. The deadline for filing is March 7. Candidates must pay the filing fee and submit 65 signatures of registered voters, but the party affiliation of the signers is immaterial.

California Bill to Eliminate Special Legislative Elections

California State Senator Darrell Steinberg, the President Pro Tempore of the Senate, has introduced SCA 16. It eliminates special elections to fill legislative vacancies. Instead, the Governor could appoint someone who has the same party preference as the outgoing member. The house of the legislature that suffered the vacancy could veto the Governor’s choice if it wished.

If an independent had been elected and had resigned or died, the Governor could appoint anyone, regardless of party preference.

California State Senators have four-year terms. If a vacancy occurred in a State Senate seat in the first year of the term, the Governor’s appointment would only serve until the next general election. Thanks to Dave Kadlecek for this news.

Oklahoma State Senator Predicts National Popular Vote Plan Bill Won’t Pass Oklahoma House

According to this story, an Oklahoma State Senate leader predicted that the Oklahoma House will not pass the National Popular Vote Plan bill, even though that bill did pass the State Senate easily earlier this month. The Oklahoma Republican Party officially opposes the idea, and party leaders were apparently surprised that the bill even passed the State Senate, and mobilized against its further progress. It is interesting that Oklahoma Republican leaders seem resigned to the idea that the Democratic Party will win the 2016 presidential election.