December 30, 2015

Judge approves voting rights' groups remap of Florida Senate

A judge on Wednesday approved a new map of Florida's 40 Senate districts drawn by a coalition of voting rights groups, dealing yet another political and legal setback to the Republican-controlled Legislature.

The Senate had no immediate comment on Circuit Judge George Reynolds' order. His 73-page ruling orders the Senate to randomly assign district numbers to all 40 districts within three days of a final judgment being entered.

Republicans currently control 26 seats and Democrats 14. After reviewing the approved map, known as CPS-4a, Democratic consultant Matthew Isbell posted on Twitter that the map appears to improve Democrats' chances of gaining seats next fall.

Corrine Brown files new challenge to congressional district changes

From the News Service of Florida:

Arguing that an east-west configuration for her district "combines far-flung communities worlds apart culturally and geographically," lawyers for U.S. Rep. Corrine Brown asked a federal judge Tuesday to void Florida's latest congressional redistricting plan.

The complaint marks the next phase of a legal battle over the state's political boundaries that has raged for nearly four years. The first two drafts of a congressional plan --- approved by the Legislature in 2012 and tweaked in 2014 --- were thrown out by state courts for violating a voter-approved ban on political gerrymandering.

But the reorientation of Brown's congressional district, which has long ambled from Jacksonville to Orlando but now would run from Jacksonville in the east to Gadsden County in the west, prompted the Democratic congresswoman to file suit this year against the change. After the Florida Supreme Court officially approved the new district early this month, Brown was allowed to update her case Tuesday.

The challenge goes to great lengths to portray the areas encompassed by the Jacksonville-to-Orlando version of the district as a distinct region that includes African-American voters with similar interests and problems. It traces a history that includes the Ku Klux Klan, baseball player Jackie Robinson's spring training and the book "Their Eyes Were Watching God."

Dozens of voters from the area joined Brown's lawsuit.

"Black voters have reaped substantial benefits by being in a district in which they can elect a candidate of their choice, including having a representative who understands the needs of the community she represents, brings infrastructure money to the district, helps black residents obtain government contracts, brings job fairs to the district, and is very accessible to her constituents," the complaint says.

Brown's Jacksonville-to-Orlando seat has long been at the center of conflicts in Florida over gerrymandered districts. Critics see it as an attempt to aid Republican campaigns, especially those in Central Florida, by concentrating African-American Democratic voters in a single district. But supporters say it ensures those voters the chance to elect a candidate of their choice.

Continue reading "Corrine Brown files new challenge to congressional district changes" »

December 28, 2015

Congressional map shake-up: 'We're closer to fairness'

In the aftermath of another redistricting shakeup, Florida's congressional delegation is in flux as a court-approved map threatens to whittle away at the 17-member Republican majority while Democrats gain strength.

December’s ruling by the Florida Supreme Court approved a map drawn by a coalition of voting groups — and it is having a ripple effect from Miami to Tallahassee.

At least five of the 27 members of Congress are edged out of their current districts. Four incumbents – U.S. Reps. Richard Nugent, R-Spring Hill, David Jolly, R-Indian Shores, Ron DeSantis, R-Port Orange, and Patrick Murphy, D-West Palm Beach — are not running for reelection. U.S. Reps. Dan Webster, R-Orlando, and Corrine Brown, D-Jacksonville, are considering moving to new territory.

U.S. Reps. Gwen Graham, D-Tallahassee, is now forced to run in a district with a majority of Republicans or consider another race.

In Miami, where Democrats outnumber Republicans by 230,000 voters, U.S. Reps. Carlos Curbelo and Ileana Ros-Lehtinen now have districts filled with many more Democrats.

And, across the state, incumbents find themselves representing communities that have never voted for them — prompting challengers, who otherwise may have waited on the sidelines for incumbents to retire, to consider running now.

"We’re closer to fairness,’’ said Michael McDonald, associate professor of political science at the University of Florida and an expert on redistricting.

“You’re probably looking at Democrats getting 12 and Republicans 15 in 2016, rather than 10 and 17,” he predicted. The incremental shift will continue when Ros-Lehtinen, a popular Republican incumbent, retires. “That seat is likely to swing to the Democrat and then you’re looking at a 14-13 split in the delegation. That’s pretty fair.”

More here.

December 18, 2015

Senate trial closes; will judge draw maps?

After eight rulings by the Florida Supreme Court and an admission of guilt by legislators, the Senate redistricting trial ended Thursday with a Tallahassee judge asking the parties to tell him their top choices for a new Senate map.

Leon County Circuit Court Judge George Reynolds now must decide whether to accept one of four proposals offered by the challengers — a coalition of the League of Women Voters, Common Cause of Florida and a group of Democrat-leaning individuals — or a map drawn by Senate staff but never voted on by the Legislature.

The challengers said Reynolds should pick one of two maps that create four Hispanic-majority districts in Miami-Dade County, boosting the number of Hispanic-dominated seats from three and opening the door to a Hispanic district dominated by Democrats.

The Senate’s lawyers, who operated solo during the four-day trial as the House sat on the sidelines, told the judge that if he rejects the Senate’s proposed map — the Senate’s first choice — they would like him to draw his own. The Senate offered up its map drawer to work with the plaintiffs’ map drawer to do the job. More here. 


December 16, 2015

Bill Galvano under oath: I did not know Senate map benefitted Republicans

Day 2 Galvano

The head of the Senate redistricting committee testified Wednesday that he had no idea the map he submitted to the court gave Republicans a potential three-vote majority in the Senate and paired the fewest incumbents of any other proposal.

"I don’t know how clear I can make it. We did not …analyze where members live,’’ said Sen. Bill Galvano, R-Bradenton, under oath in the redistricting trial over the Senate map.

The rare testimony of a sitting senator occurred as the Senate attempts to defend the map it submitted to the court after agreeing in July that the map it produced in 2012 violated the anti-gerrymandering provisions of the Florida Constitution.

The Senate is trying to show that maps proposed by the challengers violate the constitution because they were drawn with the intention of helping Democrats, while the challengers -- a coalition of voter groups led by the League of Women Voters -- are trying to show the Senate maps intentionally favor Republicans.

Leon County Circuit Court Judge George Reynolds will decide who is right and must recommend a map to the Florida Supreme Court for approval that will be used to determine the Senate’s 40 districts for the 2016 elections. He has suggested that he is prepared to pick and choose pieces of the map and “stitch” pieces together on his own.

Because legislators failed to agree to a map during a three-week special session, Galvano submitted a map he had instructed the staff director of the Senate redistricting committee to prepare. Galvano testified that his draft map merged two "base" maps that had been drawn by staff without input from senators. He said he intended to use it as a possible amendment during session, he said, but discarded it after the Senate agreed on a different proposal.

Continue reading "Bill Galvano under oath: I did not know Senate map benefitted Republicans" »

December 15, 2015

Senate rests its case in redistricting trial, presenting one witness -- who gets roughed up

Baoung Liu

The second day of the Florida redistricting trial ended early Tuesday as the Florida Senate presented a single witness in defense of its redistricting map who withstood a blistering cross examination before the Senate rested its case.

The Senate sole witness was Baodong (Paul) Liu, a professor of political science at the University of Utah, who testified that the Senate's maps were superior because they were more likely to guarantee that minorities could be elected to office.

But in a two-hour cross examination, the lead lawyer for the challengers, David King, attempted to poke holes in Liu's testimony, showing that he failed to include in his report the "functional analysis" that the Florida Supreme Court has ruled is necessary to determine the voting performance of minority districts.
King prompted Liu to  concede that he relied on voting patterns in Central Florida to determine the performance patterns of voters in Broward County, and he provoked Liu to acknowledge that he got the results of one election wrong in his report to the court -- claiming that a black candidate for Orange County clerk of court had been defeated when she had won.
Liu said he relied on "local people" to provide him with "accurate information" about the results and did not verify it independently.
After Liu's testimony, Senate lawyers withdrew a second witness, prompting lawyers to suggest that the weeklong trial could end earlier than the scheduled Friday adjournment. 
The focus of Liu's testimony was his review of the state's voting trends, concluding that because of Florida's history of racially polarized voting, the Senate maps proposed by the challengers would likely lead to whites being elected in districts intended for blacks and Hispanics, in violation of the federal Voting Rights Act and the Fair Districts amendments to the state constitution.
He concluded that to increase minority voting participation in Florida, districts must be drawn to give the minority the majority of the population. That means that for blacks to be elected in a Senate district, the voting age population must exceed 50 percent, and for Hispanics to be elected, the voting age population must exceed 75 percent.
"My conclusion is the state Senate plan is a better plan than the alternative plan,'' based on scientific methods used to study "racially polarized voting in the state," Liu told the court.

But King challenged him to point to an election that proved these conclusions were accurate. Liu could not cite an example but said that was no reason to conclude it wouldn't happen. 

Continue reading "Senate rests its case in redistricting trial, presenting one witness -- who gets roughed up" »

December 14, 2015

David Simmons adds context: pairing two female senators into one district would be 'discriminating against them'

A one-minute phone call between Sen. David Simmons and the staff redistricting director was replayed in the opening day of the Senate trial Monday as plaintiffs tried to show that many senators know where each other lives and worked to protect each other when drawing maps.

The phone conversation, which occurred at 9 a.m. on Oct. 26, came in the midst of the Senate redistricting session as Simmons was attempting to draft his own alternative to a Senate map that was widely unpopular with several senators. 

"With respect to the maps, going to go ahead and revise the maps to get what I would consider to be more aesthetic situation. I want Highlands County out of District 18,'' Simmons told Jay Ferrin, the Senate's redistricting director, according to the recording replayed before Circuit Court Judge George Reynolds.

"There's another reason that I have,'' he admitted, "and that is that I do not want two of our female senators running against each other because I don't think it's appropriate and I think that's the result of that. I don't consider that acceptable. So I want you to work it so that it looks better and those two are not forced into running against each other for no purpose whatsoever."

Ferrin, sounding bit flustered, responded: "I don't have any knowledge of where people are living. If you want me to separate Highlands County from District 18, just tell me that."

"OK,'' Simmons said. 

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Senate redistricting trial opens with admission of guilt and fight over process

David King 1214The Senate redistricting trial began Monday with an admission of guilt by the Senate about past wrongs, and a rare agreement between the sides.

Lawyers for the House and Senate and the challengers, a coalition led by the League of Women Voters and Common Cause of Florida, agreed that two maps submitted in the 2012 redistricting fight as public maps were actually drawn by Republican political operatives.

Both sides agreed that Gainesville political consultant Alex Patton submitted a map on Nov. 1, 2011, as part of the public submission process, but “Mr. Patton didn’t draw that map and in fact it was drawn by the political operatives,’’ said Tom Zehnder, lawyer for the challengers.

They also agreed a map submitted by Republican political activist Remzey Samarrai of Micanopy was drawn by the group of Republicans working with Pat Bainter and others. (Our story on that here.

The admission by lawyers for the Florida Legislature helped to catapult the weeklong trial from a focus on past wrongs to a focus on current issues as they attempt to cover legal arguments, political intrigue and the gritty detail about geographic boundaries throughout the state.

The Legislature agreed in July that because of evidence that showed the GOP operatives had infiltrated the 2012 map drawing process, the map violated the anti-gerrymandering provisions of the Florida Constitution.

The Legislature then tried and failed to draw a new map in special session but, after failing to get enoguh votes for a final proposal that would have created political winners and losers, the burden now rests with the court. Leon County Circuit Court Judge George Reynolds must decide between a map that was chosen by Senate Reapportionment Committee Chairman Bill Galvano, R-Bradenton, alone but never voted on by the Legislature, or four maps drawn by the challengers.

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Judge Reynolds starts Senate redistricting trial today -- as each side claims the other drew maps to benefit partisans

Galvano mapThe weeklong redistricting trial scheduled to begin in a Tallahassee courtroom Monday will determine the fate of Florida’s 40 Senate districts and the future of the 29 incumbents seeking reelection.

The rare political scramble is forcing all of them back onto the ballot in November, including many of whom thought they could sit out this election because they were elected to a four-year term in 2014. And they each want to know: Who will have to move to get reelected, who faces new competition and who faces new communities to represent?

The remaining 11 senators are not seeking reelection because they are either leaving because of term limits, or seeking another office.

It is the vestige of the Fair Districts amendments to the state constitution that were approved by voters six years ago, and the districts remain in limbo because legislators admitted to manipulating the political boundaries three years ago to benefit Republicans — in violation of the amendments — then tried and failed to redraw the Senate map during a three-week special session.

Now, the job of preparing a new map is left to Circuit Court Judge George Reynolds, and he has only a week to do it. Both sides have submitted maps and each will accuse the other of drawing a map with improper partisan intent.

More here.

December 08, 2015

Conspiracy theories, bastards and food fights: another day in the Senate redistricting saga

"Is that a typo on the date?'' asked Sen. Jack Latvala, R-Clearwater, during depositions in the Senate redistricting trial two weeks ago.

He was being asked to comment on the prospect that Senate President Andy Gardiner and Senate redistricting chair Bill Galvano may have privately selected the map they would submit to court in the pending litigation nearly a month before filing it -- a map they would never bring up for a vote before the Legislature adjourned its special session.

The potential plan came as a surprise to Latvala when lawyers for the redistricting challengers presented him a a memo detailing how Galvano and Gardiner had agreed to submit the map to court Oct. 24, even though they were pushing another map through the legislative process.  If true, it raises questions about the seriousness of the legislative leadership's attempt to reach agreement on a Senate redistricting map during the three-week special session.

Latvala was one of two senators whose depositions were released by the Senate Tuesday as part of the pending redistricting trial scheduled to begin Dec. 14. The other was Sen. Tom Lee, R-Brandon, who testified that he believes the map that passed the Senate was handpicked by Galvano, but it was Latvala's inability to get the changes he wanted that led to the ultimate impasse. Download 15-11.25 depo of Lee Lee suggested that both Democrats and other Senate Republicans were involved in Latvala's attempt to influence the maps.

"We were engaged in a legislative leadership battle. Although that battle imploded the moment Senator Latvala couldn't get the maps he wanted over the weekend, he was nonetheless just as frustrated with his Senate president for his refusal to put his thumb on the scale on his behalf. And he took those maps down,'' Lee said under oath. 

Latvala was asked to comment on the memo filed with the court that said that "On October 24, 2015, Senator Galvano directed [staff director Jay] Ferrin to draw the Senate's proposed 12 remedial plan. Mr. Ferrin drew the plan" which merged two previously drawn base maps. Galvano "reviewed the draft plan and approved the plan without further changes,'' the memo continues. "Senate Counsel George Levesque, Raoul Cantero and Jason Zakia reviewed the Senate's proposed remedial plan before its submission to the Court. President Gardiner approved the decision to file the map with the Court."

Senate attorney Jason Zakia said there is no evidence to show the map was drawn with the intention of holding it to submit to court at a later date. But Latvala interjected: "the date of the 24th is the day after the first bill came out of committee, before we had any idea of what the resolution was going to be."

Continue reading "Conspiracy theories, bastards and food fights: another day in the Senate redistricting saga" »