1. Florida Politics

Florida judge orders two districts to be redrawn by Aug. 15

Published Aug. 2, 2014

TALLAHASSEE — Florida's congressional elections were thrown into chaos Friday as a Tallahassee judge ordered the state Legislature to redraw the boundaries of two congressional districts by Aug. 15 and said he will consider calling a special election later this year for all districts affected by the changes.

The ruling, by Leon County Circuit Judge Terry Lewis, sent new tremors throughout a state accustomed to election-year confusion and came a day after U.S. Attorney General Eric Holder told Gov. Rick Scott that he is monitoring Florida's compliance with federal election laws.

Last month, Lewis declared two of Florida's 27 congressional districts invalid, ruling that the seats held by U.S. Reps. Corrine Brown, D-Jacksonville, and Dan Webster, R-Winter Garden, were drawn to benefit Republicans, in violation of Fair District rules approved by voters in 2010.

The practical effect is that lawmakers must convene a special session in the next two weeks to meet the map-fixing deadline. Lewis would then decide when and if special elections would be held for the districts that have had boundaries modified.

Candidates would then have to qualify again, election officials would have to modify precinct maps and the costs could rise.

"It's like Jell-O — you don't know where it all stands — but it certainly has explosive implications for Florida politics,'' said Susan MacManus, a University of South Florida political scientist and redistricting expert.

House Speaker Will Weatherford, R-Wesley Chapel, and Senate President Don Gaetz, R-Niceville, said they will not comment on the ruling until Monday. The governor indicated he will not call a special session.

"The Legislature is reviewing what the court decided and the Legislature has the power to make their own decision about calling special session," Scott said Friday in St. Petersburg.

Lewis rejected arguments from the Republican-led Legislature that the flawed districts should stand for another two years. But he agreed that "there is just no way, legally or logistically, to put in place a new map, amend the various deadlines and have elections on November 4th as prescribed by Federal law."

Lewis acknowledged there is no easy fix but wrote "it might be possible to push the general election date back to allow for a special election in 2014 for any affected districts."

In his six-page ruling Friday, Lewis ordered the Legislature to modify the congressional map by Aug. 15 at noon, and he asked state elections officials to prepare a plan for a new election schedule at the same time. He then scheduled a hearing for Aug. 20 and said a new map must be in place by Aug. 21.

Though voters groups challenging the maps argued that the Legislature cannot be trusted to fix them, Lewis said the Legislature should redraw them. But he wants it done quickly.

"The cure should not be worse for the patient than the illness,'' Lewis wrote. "To develop a new map and hold a special election for some congressional representatives would cost more money, would place additional burdens on our election officials and might confuse some voters.

"On the other hand, to do nothing, when you could, means that you lessen the ability of many citizens to fairly elect representatives of their choice — which is the effect of political gerrymandered districts."

Lewis also concluded "it is not an option to have a special election after the general election is held as I would no longer have jurisdiction over the matter."

Though Lewis acknowledged he might ultimately agree with the Republican leaders that revising the election dates is not legal or practical, he said, "I am not there yet."

Rep. Brown, whose district was deemed invalid by Lewis, said the ruling "is certainly not in the best interests of Florida voters."

Lewis concluded that Brown's serpentine-shaped district, which stretches from Jacksonville to Orlando, was intended to benefit Republicans and could have been drawn to protect minority voters without dividing whole communities and packing Republicans into adjoining districts. Brown disagrees.

"Overturning the current District 5 map ignores one of the central principles of redistricting: maintaining communities of interest or minority access districts,'' she said in a statement.

Republican leaders are considering whether they can ask the 1st District Court of Appeal to stay Lewis' ruling and review it on appeal, and whether they can call a special session in time to approve a new map by the Aug. 15 deadline. Brown or Webster could also appeal the ruling in federal court.

Lewis urged Republican leaders to act swiftly. "The Legislature has shown . . . that it is capable of adopting a remedial map very quickly when time is of the essence. Indeed, I would be surprised if its staff has not already prepared alternatives."

The coalition of voters groups, led by the League of Women Voters, which filed the lawsuit challenging the map, was pleased with Lewis' order.

"This is a champagne moment for Florida voters, who have waited too long for fairly drawn congressional districts,'' said Deirdre Macnab, president of the League of Women Voters of Florida. "Judge Lewis has laid out a path that will allow all Florida voters, for the first time in decades, to elect their representatives in fair and constitutional districts."

Ron Labasky, general counsel for the state's 67 supervisors of elections, said a new map will have little impact on congressional districts south of Orlando but will affect districts in North and Central Florida that adjoin Brown's and Webster's districts.

If a new map is drawn, he said, existing candidates might switch districts or "theoretically you may see some new candidates jumping in.''

Tampa Bay Times reporter Katie Mettler contributed to this report. Contact Mary Ellen Klas at Follow @MaryEllenKlas


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