Line drawing

Line drawing

February 11, 2006

Tallahassee Democrat (FL)

Devil's in the petition language

The fact that not a single incumbent in the state Legislature or Florida congressional delegation lost in 2004 - and that more than 72 percent of state legislative races had only one major party candidate - suggests that the deck is stacked in Florida .

District lines for House and Senate and congressional seats are so specifically drawn - thanks to computer precision not so refined in the past, and political cunning, which has always been finely tuned - that incumbents are almost guaranteed a seat as long as they choose to serve or until they are term-limited.

Would-be challengers look at the district maps and the voter registration lists and often throw up their hands and forget about it. Florida is the least competitive state of any except Arkansas in terms of legislative races. That imbalance isn't good for democracy, no matter which party is in the majority at any given time.

The Florida Supreme Court is now looking over a proposed constitutional amendment that aims to take out of the hands of the Legislature the exclusive privilege of drawing boundaries every 10 years to reflect shifts in population detailed by the U.S. Census Bureau.

The citizen initiative would set up a 15-member bipartisan commission, with 12 members chosen by legislative leaders in both major parties and the other three chosen by the court. This group would draw new lines each decade.

The initiative, championed by the Committee for Fair Elections and Common Cause, is being pushed by three political heavyweights: former Florida Comptroller Bob Milligan, a Republican; former Education Commissioner and unsuccessful U.S. Senate candidate Betty Castor, a Democrat; and former Judge Thom Rumberger, once an influential GOP adviser. With their clout - and $2.6 million to pay professional petition gatherers - the 611,000 signatures needed to put the amendment on the Nov. 7 ballot have been collected.

If the high court gives the high sign, that is.

Unfortunately, the justices had some pretty tough initial concerns when the amendment was handed to them on Thursday. The court must, above all, determine if the amendment language is clear and speaks to a single subject.

In that regard the biggest sticking point is that there may well be two matters involved because the initiative addresses both state legislative and congressional redistricting , which could possibly create federal legal problems over which a state commission had no authority.

Likewise, it is a concern to some voters who favor an independent commission. But if they vote for the amendment, they'd also be voting for the specific system of appointing members, a process with which they might not agree. That's two concerns.

If not now, next time

The broader goal of the initiative is the important thing, however. Florida needs to have districts truly reflect voter patterns, and it doesn't. Florida needs to have abundant competition when it comes to challenging incumbents, and it doesn't. Florida needs to spare lawmakers the temptation of looking after their own re-election needs above all, and it doesn't.

It's unfortunate that the amendment language may not be clear enough to get the petition over the hurdles necessary to get on the ballot. If it doesn't succeed this time, it will be a long time before another opportunity presents itself, but proponents ought not give up. It's an uncommonly worthy cause.

Section: e
Page: 4

Index Terms: Editorials

Record Number: tal10774768