A Leon County Circuit judge believes time remains to determine the validity of the Legislatures redrawn congressional districts before politicians have to qualify for the fall campaigns.
With just over 75 days until the start of qualifying, Judge Terry Lewis showed eagerness Friday to move forward a challenge to the maps following guidelines similar to those used in a nearly two-month state Supreme Court review of the state House and Senate maps.
Lewis said he would like to begin a trial the week of April 16.
Id like to get it done as soon as I can, Lewis said during a brief hearing between the teams of attorneys for the state and those challenging the constitutionality of the new district lines.
But he advised that there wont be time to conduct depositions into what went into the making of the maps as requested by those challenging the lines, including the Democratic Party of Florida and a coalition of the Florida League of Women Voters, the National Council of La Raza and Common Cause of Florida.
Its going to have to be based on matters that are already factually established or judicially noticed, Lewis said.
The states top court based its March 9 ruling on the House and Senate maps on the "facial" validity of the claims made by the Florida Democratic Party and coalition members against the requirements set by the voter-approved Fair Districts amendments.
The amendments require districts to be compact and follow geographical boundaries where feasible and forbids them from being determined to favor incumbents.
The House maps were found in compliance, but legislators returned to the Capitol on Wednesday to begin an extraordinary special session to revise the Senate map, as the court ruled eight of the 40 Senate districts failed to meet the amendments' requirements.
The Senate was also criticized by the court for limiting demographics to voting-age population -- instead of also considering registration numbers and past turnout -- to comply with minority requirements.
Senate attorney Peter Dunbar said a facial review will support the states case that lines for the 27 congressional districts, including the two additional seats Florida picked up due to the increased population, follow the law.
I would certainly stipulate on behalf of the Senate that we have the exact number of congressional districts drawn that the United States Constitution authorizes us to have, Dunbar said. I further stipulate that they meet the absolute standard of one man one vote of the 14th Amendment, the equal protection clause.
The Senate had sought to delay the review of the maps until after the November election.
Florida Democratic Party Chairman Rod Smith, expecting the congressional lines to face the same negative review as the Senate map, said Tuesday that the state cant hold elections for seats that are unconstitutional and simply redraw the lines after the winners take office.
The Supreme Courts decision ... proved that the Fair Districts amendments have real meaning and real teeth, and as such bodes well to the challenges to the congressional maps, Smith said Tuesday. No one should be allowed to occupy a congressional seat which violates the Constitution of the state of Florida.
Reach Jim Turner at jturner@sunshinestatenews.com or at (772) 215-9889.
