Judge: New legislative map apparently satisfies ruling

03/06/2004

Associated Press

PHOENIX -- A judge who ordered the state's map of legislative districts redrawn signaled likely approval of a new version that includes twice as many districts winnable by either major party.

However, Judge Kenneth Fields of Maricopa County Superior Court on Friday delayed formal acceptance of the new map until mid-April to first allow more public comment.

Fields had overturned the old map on Jan. 16, ruling that it was unconstitutional because the Independent Redistricting Commission did not put enough emphasis on creating competitive districts.

Even though it is appealing Fields' ruling, the commission on Monday adopted a new map with eight competitive districts. That's up from four in the old map and one more than the minimum set by Fields in January.

Fields said near the end of a three-hour hearing Friday that the new map appears to satisfy his ruling. He also said he intends to order the commission to submit it to the U.S. Department of Justice for a voting-rights review and to order the Secretary of State to certify the new map for use this year.

"That's what I have in mind and that's the way I think it should be done," he said.

However, he acknowledged that the Arizona Constitution requires that the commission take public comment on proposed new maps for 30 days.

"I can't do it and not give anybody an opportunity to be heard," the judge said.

He ordered the commission to formally post the new map for public comment by the close of business Monday and to start preparing a request for approval from the Department of Justice.

As a state with a past history of voting rights abuses, Arizona must submit all election-law changes to the Justice Department.

Despite Fields' stance, the need to get federal voting-rights clearance and other factors still leave it unclear whether the new map would be in effect for this fall's elections.

A mid-April submission of the new map to the Department of Justice would start a 60-day period for that agency to act or request more time. The end of 60 days would come after the June 9 start of the filing period for candidates.

"There really is a time crush," said Richard A. Halloran, a lawyer for Hispanic Democrats whose lawsuit led to Fields' original ruling.

Friday's hearing saw a reversal of roles for partisan advocates with stakes in the outcome of the redistricting process.

A lawyer for Republicans who had supported the old map told Fields that his clients might challenge the new version.

In questioning a commission consultant, attorney Neil Wake appeared to suggest that the commission violated other redistricting criteria by emphasizing competitiveness to satisfy Fields' order.

A lawyer for Lake Havasu City said the Mohave County community objects to being split between two districts under the map when it and other communities along the Colorado River were supposed to be united.

Fields said he's willing to consider constitutional claims during mid-April hearings. "We're not going to have a full-blown trial," the judge cautioned.

Republicans hold a six-point edge in statewide voter registration, and the party now controls both chambers of the Legislature.

The new map leaves the state with 13 Republican-leaning districts, nine Democratic-leaning districts and eight competitive districts. Of the eight competitive districts, Democrats and Republicans are slightly ahead in four each.

Four competitive districts are located in the Phoenix area, two are in Tucson , one is in five eastern Arizona counties and one takes in parts of Coconino and Mohave counties.

The commission's criteria for competitiveness is a seven-point spread -- plus or minus 3.5 percentage points -- in ratings derived mainly from voter registration and previous legislative votes.

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On the Net:

Independent Redistricting Commission: http://www.azleg.state.az.u