Florida Supreme Court Will Hear League of Women Voters Case
The 1st District Court of Appeal ruled the lawmakers in the Florida legislature did not have to testify in the redistricting case brought up by the League of Women Voters. In a rather surprising move, the Florida Supreme Court will hear the League of Women Voters redistricting challenge. The LOWV is question the integrity of how the new congressional and legislative districts were drawn. If the districts were gerrymandered then legislators are placing themselves in a legally difficult position if they testify.
The League of Women Voters suit that the Florida Supreme Court will hear is against the Florida House of Representatives. The League of Women Voters attempted to get members of both the House and Senate to testify in the 1st District Court of Appeals case. The Florida Supreme Court case number SC13-949; SC13-951 list only the House as the defendant. A WMNF tweet names only the Florida House in material filed to the Florida Supreme Court by the League of Women Voters.
The "Fair Districts" case continues in the court of Judge Terry Lewis. Data Targeting was given 6 weeks to turn in documents relating to districting. Data Targeting is claiming that the documents are privileged information.
“What we’ve said all along—it’s a fishing expedition for political reasons,” said D. Kent Safriet, a Tallahassee attorney. “You can’t unpublish (the documents) in the newspaper.”
The documents could shed light in how the district maps for Florida congressional and state legislator seats were made. An interesting side note is Data Targeting's website is nothing more than a homepage. Good luck finding out the company's management or clients from the website. Mabus on Democratic Underground found this on Data Targeting.
Branding and selling a product is but one aspect of the business. The other is having the expertise or staff to handle all customer questions or problems. Orlando operates its CareeRealEstate center as a turn-key venture where all calls are directed to the association, then passed on to the vendor, Canadian-based Brainhunter Inc.
The next step in Orlando's strategic plan was to branch out and foster products the association could sell or license to other associations or organizations. For this effort, Orlando formed another for-profit subsidiary called Orracle, a joint venture with Data Targeting Inc. of Gainesville, Fla., to create a political management system that can be used with equal success by professional organizations, trade associations, committees, political parties, and candidates.
Orracle is a sophisticated data mining product that helps forecast how individual voters feel about certain hot-button issues and how they are likely to vote. In its three years on the market, it has generated outstanding results at the polls and begun to pay back the association's nearly $200,000 start-up investment, says Jennings. Numbered among its current clients are the Kansas and Nebraska associations as well as the Lexington-Bluegrass, Raleigh and Pinellas Sun-coast associations."
The new districts are based on the last census. Why would Republicans in the Florida legislature want to know how people in potential districts would vote? The districts should be based on the demographics from changes in the state population and compliance with civil rights laws. My fear is Republicans used Data Targeting to figure out how Floridians would vote and make new districts favorable to Republicans from this information.
The good news is we might get some answers in court.
Lewis said that if the documents were not produced quickly, he do just that.
“I’m not real happy about it,” he said.
I don't have a great deal of knowledge about Florida law on legislative privilege. I have no reason to doubt that the 1st District Court of Appeal was upholding the law by protecting members of the Florida legislature from testifying on redistricting. I still would have liked to hear members of the legislature speak on-the-record about the redistricting process. From the decision.
"We are confident that respondents will be able to make their case that the plan was drawn with improper intent -- if, indeed, that was what happened -- with the evidence in the legislative record and their experts’ analysis of the plan and its underlying demographic data," wrote Judge T. Kent Wetherell, who was joined in the majority by Judge Scott Makar.
I don't believe that members of the Florida legislature should be hauled into court every time a group or a citizen has a disagreement on legislation. These elective officials would always be in court. I would like to see the legislature testify on matters as important as redistricting. The question is how can courts make that distinction. Does Florida law even give the courts that much leeway?
Judge Lewis' decision in the 1st District Court of Appeal did not touch upon testimony from the legislature. Lewis refused to dismissed the case because Sec. of State Ken Detzner argued that the Florida Supreme Court has executive jurisdiction over challenges to redistricting plans. Lewis noted that the argument wasn't true.
The problem with this argument is it flies it the face of the case law. In the 40 plus years this method has been in the Florida Constitution, and despite the several opinions on redistricting, including the two most recent opinions in 2012, the Florida Supreme Court has never held that it has executive judisdiction over over challenges to legislative redistricting plans. To the contrary, it has repeatedly stated that it was limited to a "facial" review and that consideration of the more fact intensive "as-applied" claims were "better suited for a court of competent judisdiction where there is an opportunity to present evidence and witness testimony and where the court has the ability to make factual findings based on the evidence presented."
THe Florida Supreme Court isn't designed to hear hours of witness testimony. That is why Detzner appealed the 1st District Court of Appeaal ruling. Lewis was more than willing to hear legislators and staffers speak on the redistricting process. The good news for the Legue of Women Voters is the Florida Supreme Court hasn't dismissed the case. As of now, the obvious winners from the Florida Supreme Court ruling is REpublican lawmakers and Democrats with gerrymandered districts.
I am not shocked that former Florida House Speaker used a private email account to dodge Florida's Sunshine law.
But some emails show legislative employees exchanging information with these same consultants. In one example, a top aide to then-House Speaker Dean Cannon used a personal email account to send a consultant a link to a congressional district map. The aide, Kirk Pepper, did not respond to a phone call or email requesting comment.
There is good reason Republicans didn't want the emails. made public. Gary Fineout reports that party officials and lawyers had strategy sessions on redistricting.
The emails show that in December 2010 Republicans set up a meeting to "brainstorm" with nationally-known attorney Ben Ginsberg along with several party employees, party political consultants, two lawyers advising the House and Senate on redistricting, the staff director of the House committee redrawing lines and an aide to the chairman of the Senate committee overseeing the process.
The League of Women Voters, La Raza and Common Cause is now considering legal action. At issue is the voter approved fair district amendments that are now part of the Florida Constitution. The amendments were created to end gerrymandering. President Barack Obama won Florida but Republicans still hold both chambers of the legislature. Districting isn't entirely the reason that Democrats are in the minority. The Florida Democratic Party has been disorganized and has failed to field candidates for races.
Circuit Judge Terry Lewis ruled that the Republicans in the Florida legislature will have to testify about how they drew the district maps.
But in a complicated decision, Circuit Judge Terry Lewis this month stated that there is a reason to allow some questioning since it involves the "essential right of our citizens to have a fair opportunity to select those who will represent them."
"Frankly, if the compelling government interest in this case does not justify some relaxing of the legislative privilege, then there's probably no other civil case which would," wrote Lewis in his Oct. 3 ruling.
Republicans in the legislature argues that transparency would hurt their ability to legislate. That is a rather odd talking point.
"The depositions would interfere with the core functions of a coordinate branch of government and are calculated to chill the freedom of action and deliberation within the legislative branch," states a court brief filed Monday.
It is somehow against "freedom" for citizens to question how their elected leaders make new district maps. The GOP legislature must really think their constituents are stupid.
I would be happy with computers drawing up districts into square and contour blocks. Get with of gerrymandered rad districts. Ditto gerrymandered red districts and repealing civil rights legislation that create heavily black and Hispanic districts. We would get districts that are a better reflection of mainstream America. Both parties would have a fit if these changes were to happen.
Florida House Speaker Dean Cannon is using tax dollars to get the fair district amendments 5 and 6 out of the Florida Constitution. Voters overwhelmingly approved both amendments with 60 percent of the vote. The legal challenges to remove the fair district amendments by Cannon have failed in court. Progress Florida is running an online petition to get Cannon to drop the legal action against fair districting.
There will be a redistricting hearing today at Jefferson High School from 4:00 pm to 8:00 pm. I hope that citizens at these hearings continue to press Republicans on why they are legally fighting the Fair Districts amendments that passed with 60 percent of the popular vote. It is painfully obvious that Republicans like their gerrymandered districts and want to keep it that way.
Florida House Speaker Dean Cannon didn't show up to the redistricting hearing in his own district. That might have something to do with Cannon ordering the House to file a lawsuit against the Fair Districts amendment that were approved with 60 percent of the vote. Voters are irked that Cannon is using tax dollars to fight against ending gerrymandered districts.
One speaker Wednesday said he was disappointed Cannon “didn’t have the guts to show up” for the hearing to explain himself.
Orange County League of Women Voters President Charlie Williams, who lives in Cannon’s district, also said he was disappointed the speaker wasn’t present. He also read from court filings the House’s outside counsel, GrayRobinson, had filed stating the Legislature had a “substantial interest” in invalidating Amendment 6.
“This is not acceptable this must stop. Let’s move forward.”
There have been questions by voters on why the Florida legislature has refused to show early maps of the districts. There are also questions about the software being used to draw the districts. Cannon's no show act doesn't inspire confidence.
The Florida Senate has set up a web page to let voters know when and where redistricting hearings are going to take place. Here are two meetings that will take place in the Tampa area.
Monday, July 25, 2011 2:00 - 5:00 PM* Polk State College
Tuesday, July 26, 2011 6:00 - 9:00 PM* Wiregrass Ranch High School Gym
Monday, August 29, 2011 4:00 - 8:00 PM* Hillsborough County Commission
The Florida Democratic Party is accusing Gov. Rick Scott of not abiding to Florida's Sunshine laws. Eric Jotkoff, of the FDP, requested documents relating to the redistricting. Jotkoff has failed to receive any requested documents. Attorney Mark Herron sent Gov. Scott this letter. Herron informs Scott that if Jotkoff doesn't receive the document by April's Fool Day (I kid you not), the FDP will take the governor to court.
The Honorable Rick Scott
Governor
PL 05, The Capitol
Tallahassee, FL 32399-0001
RE: FDP Public Records Request of January 27, 2011
Dear Governor Scott:
On January 27, 2011, Eric Jotkoff, on behalf of the Florida Democratic Party (FDP), made the following request for public records:
Pursuant to Florida Statute 119.01(1), Florida Statutes, as member of the general public I am requesting that the Office of the Governor and any agency or agent acting under the direction of the Office of the Governor, as well as from the Gubernatorial transition, comply with its duty to provide access to public agency records, as afforded by Florida law pertaining to any and all of the following records related to Amendments 5 & 6 (commonly known as the Fair Districts Amendments), from November 3, 2010 to today, including the following:
- All documents including but not limited to all memos, emails, and correspondence relating to Amendments 5 & 6 including but not limited to Governor Scott’s decision to withdraw the application for preclearance from the U.S. Department of Justice.
- All documents including but not limited to all memos, emails, and correspondence regarding the use of taxpayer money on efforts to obstruct, delay or prevent Amendments 5 & 6 from being implemented after nearly 63% of Floridians voted to enshrine these amendments in the Florida Constitution.
- All documents including but not limited to all memos, emails, and correspondence regarding the appointment of Secretary of State Kurt Browning including but not limited to how this appointment would affect the implementation of Amendments 5 & 6.
I request that the information I seek be provided in electronic format via an electronic file, in lieu of hard copies.
On February 15, 2011, this request for public records was also forwarded to the Department of State, in accordance with Mr. Jotkoff’s understanding of the policy of the Governor’s Office that he needed separately to request these documents from the Department of State.
As of this date, the requested public records have not been provided to Mr; Jotkoff as required by Article I, Section 24, Florida Constitution, and Chapter 119, Florida Statutes. This request for public records has been pending in your office for two months and has been pending in the Department of State for six weeks.
On behalf of Mr. Jotkoff, it is requested that these public records be made available to Mr. Jotkoff by the noon on Friday, April 1, 2011. In the event that your office and the Department of State fail to do, please be advised that the FDP will pursue legal action to obtain these public records as provided by law.
Thank you for your prompt attention to this matter. If you have any additional questions or concerns, please let me know.
Sincerely,
Mark Herron
Update: the documents will be released. The FDP won after threatening legal action.
In November of 2010, Florida voters approved ballot amendments 5 and 6. Florida will be awarded two new Congressional seats in 2012. Amendment 5 and Amendment 6 was designed to change the way Congressional districts are drawn.
Amendment 5
In establishing Legislative district boundaries: (1) No apportionment plan or district shall be drawn with the intent to favor or disfavor a political party or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and districts shall consist of contiguous territory.
(2) Unless compliance with the standards in this subsection conflicts with the standards in subsection (1) or with federal law, districts shall be as nearly equal in population as is practicable; districts shall be compact; and districts shall, where feasible, utilize existing political and geographical boundaries.
(3) The order in which the standards within sub-sections (1) and (2) of this section are set forth shall not be read to establish any priority of one standard over the other within that subsection.
Amendment 6
In establishing Congressional district boundaries: (1) No apportionment plan or individual district shall be drawn with the intent to favor or disfavor a political party or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and districts shall consist of contiguous territory.
(2) Unless compliance with the standards in this subsection conflicts with the standards in subsection (1) or with federal law, districts shall be as nearly equal in population as is practicable; districts shall be compact; and districts shall, where feasible, utilize existing political and geographical boundaries.
(3) The order in which the standards within sub-sections
Changing the redistricting process as been a longtime goal for Florida progressives. Newly elected Florida Democratic Party chairman Rod Smith said the he will fight to legally make sure districts are drawn under the voter approved constitutional guidelines. Florida Senate President Mike Haridopolos snidely remarked, "I call it the full employment for lawyers' bill." The voter approved amendments were not a "bill." It makes me wonder if the new Florida Senate leader understands the legislative process.
Senate Democrat Gary Siplin has voiced his disapproval of Amendment 5 and Amendment 6. Siplin has been known to vote with Republicans. The only thing Siplin is concerned about his his own Senate district.
Siplin and Rep. Corrine Brown said the new redistricting guidelines will not protect African-American voters. The amendments are written to protect minority voters. What likely concerns Siplin and Brown is that computers will be used to redraw districts. Sen. Haridopolos planned on using computers before the approval of the amendments. The amendments require that the districts be drawn in a reasonable square and contoured manner. Siplin's and Brown's districts bear closer resemblance to Jackson Pollock paintings than anything with right angles. The same can be said for every member of the Florida legislature and the Congressional delegation.
Brown and Republican Rep. Mario Diaz-Balart have filed a lawsuit against the new redistricting law.
BROWN: "I was extremely disappointed in the passage of amendments 5 and 6. Congressman Diaz-Balart and I introduced a lawsuit this morning, and will continue our fight against these misguided, deceptive amendments in the federal courts. I am absolutely convinced that if they are carried out as prescribed, our state will immediately revert to the time period prior to 1992, when Florida was devoid of African American or Hispanic representation."
The ACLU has filed a motion against Brown. The ACLU is a defendant in the case. The ACLU called pre-approved Amendment 5 and Amendment 6 districting process a "rigged and broken system." The Florida Supreme court approved the ballot language of Amendment 5 and Amendment 6. It is doubtful Brown's and Diaz-Balart's lawsuit will go far.
Now that the new districting system is in the Florida constitution what does it mean to Democrats? Unfortunately. The success of Amendment 5 and Amendment 6 becoming law alone will not change the fortunes of Florida Democrats. Republicans have filibuster-proof majorities in the Florida House and Senate. There are only a handful of Democrats that will be working on redrawing districts on a federal and state level. It is hard for Democrats to change the rules of the game when they do not have enough elected officials to field a team.
Haridopolos, Marco Rubio, Ray Sansom, and David Rivera have been involved in various corruption scandals related to they service in the Florida legislature. Hoping for Republicans to draw up districts that will take away their dominance is pure fantasy. The Republican Party of Florida and legislative GOP members will mount a fierce campaign against fair district changes.
The Florida Democratic Party is broken. Democrats are putting their faith in a new chairman who has lost two statewide races and most famous moment is the much mocked helicopter ad.
It is doubtful Smith is going to significantly increase Democrats chances of getting elected to the Florida legislature any time in the foreseeable future. Haridopolos' prediction of lawsuits looks increasingly likely. The redistricting fight will get uglier as Florida again becomes a presidential battleground state.
Peter Schorsch has launched the new web site Inside the Lines. The web site will feature articles on the implications the census and the passage of Amendment 5 and Amendment 6 will have on redistricting.
