Redistricting plan spurs suit

Redistricting plan spurs suit

May 10, 2003

Rocky Mountain News

Ninety minutes after the governor signed into law a contentious new congressional redistricting plan Friday, Democrats retaliated by asking the courts to declare it unconstitutional.

In a lawsuit filed at 4:35 p.m. in Denver District Court, Democrats allege that the plan, which strengthens Republican voting margins in at least two of seven state districts, violates the Colorado Constitution, the Colorado Open Meetings Law, First Amend-ment guarantees and "numerous Colorado legislative rules and regulations."

Named as defendants are the Colorado General Assembly and Secretary of State Donetta Da-vid-son.

Plantiffs are Sen. Mary Anne "Moe" Keller, D-Wheat Ridge, and Pauline York, represented by Kelly Haglund Garnsey & Kahn LLC.

York, a 47-year resident of Edge-water and a Democrat, said she was so disgusted by the Republicans' last-minute redistricting proposal that she wanted to be named a plaintiff.

She complained that under the redistricting law, she will become part of the 1st District, which encompasses much of Denver .

"We're not going to be represented," York said. "Under this redistricting, they're not going to pay attention to our little city. They're going to pay attention to Denver , and the way they did it is really sick."

Keller said she joined the complaint because most Jefferson County municipalities are carv-ed up under the new law.

"I'm particularly aggrieved because what we're looking at is gerrymandering at will," Keller said.

Under the current map, Kel-ler's Senate District 20 falls in Congressional District 7. Under the new map, her district is divided among Districts 1, 6 and 7.

House Speaker Lola Spradley, R-Beulah, declined to respond Friday night to the lawsuit because she had not seen it.

"Without seeing it, it would not be appropriate for me to respond," Spradley said.

Gov. Bill Owens signed the plan into law less than 48 hours after lawmakers closed out a bitter legislative session Wednesday night in which Democrats accused Republicans of "a kangaroo proceeding" to win approval for their map.

The current congressional district map was set last year by a Denver judge when a Democrat-controlled Senate and a GOP-dominated House could not reach agreement.

But Republicans control both houses this year and, in a surprise move, pushed through their plan in the final three days of a session that wound up in anger and turmoil with strict limits imposed by GOP leaders on floor and committee debate.

Owens issued no statement with the bill-signing announcement, but said that he had not seen the map except in the newspapers earlier that day.

It was a claim that was scoffed at by Democrats who insisted behind-the-scenes maneuvers had been orchestrated by Republicans both in Colorado and Washington , D.C.

"We spent about 2 ½ years on that subject - this is not a subject that comes out of the blue," Owens insisted. "It does come at the end of the session because there was a fear the minority party would stop everything to stop the debate on it."

GOP lawmakers have defended the plan as simply fulfilling the legislature's constitutional requirement that it draw the state's congressional areas.

Districts are redrawn every 10 years, when census numbers are released, to ensure each area has roughly the same population.

The new map particularly improves Republican chances in the new suburban 7th Congressional District where GOP candidate Bob Beauprez won in a 121- vote squeaker over Democrat Mike Feeley in November.

GOP registration in the district increases from 32.75 percent to 36.86 percent, while Democratic registration drops from 32.8 percent to 29.3 percent. The rest are unaffiliated.

Owens said Democrats stonewalled attempts in both the regular and special sessions in 2001 to reach a compromise agreement on a map, forcing the issue into the courts.

"The process was very political in 2001 and 2002, and it obviously remains political today," Owens said. "The (state) Constitution requires the legislature to redistrict, and this legislature is attempting to do that."

Owens said he "hadn't looked at or seen the plan" until he viewed the map in a newspaper Wednesday. He said he was sure it was a good plan because of the sponsors - Sen. Doug Lamborn, R-Colorado Springs, and Rep. Rob Fairbank, R-Littleton.

Senate President John Andrews, R-Centennial, defended the legislature for carrying out its constitutional responsibilities.

"Judges already make too many decisions," Andrews said. " Colorado 's Constitution makes the General Assembly responsible for drawing new congressional districts after every census."

David Fine, lawyer for the plaintiffs, contests that.

"Our position is the existing districts that were created, appropriately, by Judge (John) Coughlin, have the same legal effect as if they were created by the Legislature," he said. "The only reason Judge Coughlin created a map was because the legislature was unable to. Essentially the legislature ceded.

"The Republicans' main argument is, 'We had to do it.' Our argument is absolutely not. A, you didn't have to do it, and B, you didn't have the power to do it."

Assistant Senate Minority Leader Ken Gordon, D-Denver, said the action shows Republicans care "more about power than justice, more about winning than playing fair, more about themselves than the people."

Sen. Ron Tupa, D-Boulder, who, like Gordon, was at the Capitol when the announcement of the bill signing came down, was equally critical.

"The governor is simply playing his partisan part in a well-orchestrated national effort to thwart the will of the people and ensure a Republican majority in the U.S. House of Representatives for decades to come."

SankoJ@RockyMountainNews.com or (303) 892-5404