Lawmakers Seek to Keep Redistricting Off Ballot

February 10, 2006

By BILL KACZOR
The Associated Press

The Ledger Online

TALLAHASSEE -- A proposed constitutional amendment that would strip state lawmakers of their power to redraw legislative and congressional districts should be kept off the ballot, lawyers for several state and federal lawmakers told the Florida Supreme Court on Thursday.

The citizen initiative would set up a 15-member commission to handle redistricting every 10 years. Sponsors have collected the 611,000 signatures needed to put the amendment on the Nov. 7 ballot if the high court approves.

The lawyers who argued against the amendment, state Rep. Dudley Goodlette and former Rep. Barry Richard, said it would violate a ballot requirement because legislative and congressional redistricting are separate matters. Ballot questions can have only one subject.

They also contended the ballot summary is misleading because it says the commission would be selected through a "nonpartisan method."

"What it tells the voters is parties play no part in the selection methodology," Richard said. "Nothing could be farther from the truth."

But a lawyer for the amendment's sponsor, the Committee for Fair Elections, disagreed.

"The dictionary definition of 'nonpartisan' says it's not controlled by any one political party," Mark Herron told the justices.

The Senate president, House speaker -- both now Republicans -- and a minority party designee from each chamber each would appoint three members. The Supreme Court chief justice also would select three commissioners who have not been registered in either of the major parties for the two previous years.

Herron argued that legislative and congressional redistricting is a single subject. He also contended other matters in the amendment are "naturally and logically" linked to that subject.

That includes requiring single-member legislative districts. The Florida Constitution now permits multimember districts, but both chambers have had only one member per district for more than 20 years.

The justices aggressively questioned both sides. Chief Justice Barbara Pariente wondered if any nonpartisan redistricting proposal could be crafted narrowly enough to satisfy the opponents, and Justice Raoul Cantero repeatedly questioned Herron on the single-subject issue.

Herron and Richard are old foes who appeared before the justices in another high profile case: the 2000 presidential election recount. Herron represented Democrat Al Gore while Richard argued for the Republican candidate, now-President Bush.

Richard, who served in the House as a Democrat, represents three state senators: Democrat Al Lawson of Tallahassee and Republicans Charlie Clary of Destin and Jim Sebesta of St. Petersburg .

Goodlette, R-Naples, argued for four Republican clients, House Speaker Allan Bense of Panama City and three U.S. House members, brothers Mario and Lincoln Diaz-Balart and Ileana Ros-Lehtinen, all of Miami .

Florida Common Cause director Ben Wilcox also is executive director of the Committee for Fair Elections. The committee's honorary co-chairmen include Democratic politicians Bob Graham, a former governor and U.S. senator; Carrie Meek, a former Miami congresswoman; and Betty Castor, a former education commissioner and ex-legislator.