Saying it can't comply with both a judge's order and federal law, the Arizona Independent Redistricting Commission is asking the state Court of Appeals for temporary relief from having to come up with a new legislative map.

Maricopa County Superior Court Judge Kenneth Fields has ordered the Redistricting Commission to produce a new set of legislative boundaries by March 5, but federal law requires that the state submit any changes to district boundaries to the U.S. Department of Justice for approval, a process that can take up to 60 days, commission Chairman Steve Lynn said.

Judge Fields did, however, sign an order Jan. 28 stating that the commission's map as it now stands will be good for the purposes of candidates gathering nominating petition signatures and, for those who choose to participate, $5 qualifying contributions for those seeking public campaign funding.

Judge Fields ruled Jan. 16 that the Redistricting Commission violated the Arizona Constitution by failing to create enough “competitive” districts when drawing the legislative map – competitive being a district in which the difference between Republicans and Democrats is less than 7 per cent. The Redistricting Commission created a map that had three such districts out of 30, but the judge said the commission must submit a new map with at least seven competitive districts.

On Jan. 23, the five-member Redistricting Commission met to discuss legal strategy with its lawyers in executive session, then reconvened in a public meeting to unanimously vote to pursue an appeal of Judge Fields's ruling that the legislative map is unconstitutional.

The commission sought clarification on the judge's ruling and asked for a stay on producing a new map within 45 days of the Jan. 16 ruling, but on Jan. 27, Judge Fields denied both.

“The court's order is sufficiently clear for the commission to perform its constitutional duty,” Judge Fields stated in the Jan. 27 order. “It is ordered that the commission appear before this court at 1:30 p.m. March 5, 2004, and produce the legislative plan adopted pursuant to this court's order of Jan. 16, 2004.”

Judge: Stay Is Not Merited

In denying the stay, Judge Fields wrote: “There has been significant delay in getting this case heard. A substantial portion of that delay is attributable to defendant IRC. It is necessary to develop a plan for the 2004 elections in a timely fashion. Given the substantial work done to date by the IRC and the ability to utilize its software programs to draw new boundaries … within a 20 to 30 minute period, a stay is not merited. This work can be done while the IRC perfects its appeal.”

In seeking the stay, commission attorney Lisa Hauser stated, “Even assuming that the state election officials are able to implement a new plan for the 2004 elections, implementation of this unprecleared order will lead to even more uncertainty and confusion.”

Arizona is one of several states that, under the Voting Rights Act of 1965, have been deemed to have a history of discrimination against minorities in elections. Any changes in elections have to be submitted for so-called “preclearance” by the Justice Department.

The Justice Department may take up to 60 days to approve any changes.

The Independent Redistricting Commission filed its appeal with the state Court of Appeals on Jan. 27. —