Florida Judge Orders State Legislature to Revise Their Unconstitutional Electoral Map

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A Florida Court lowered the boom on State Republicans with an order for a special session to revise the state’s existing unconstitutional electoral map.

Florida Circuit Court Terry Lewis judge ordered the Republican controlled legislature to submit a revised map to the court by August 15^th.

Last month, Judge Lewis ruled a electoral map that enabled Republicans to control 17 of the 27 districts is unconstitutional.

Voter Groups accused Republicans of rigging an open meeting process to get the map they want.  Specifically, they accused Republican operatives of sending “concerned citizens” equipped with pre-approved scripts to talk up a map that would benefit the Republican Party.  Naturally, legislative Republicans didn’t know a thing about it.  *cough cough*

To make a long story short, Judge Lewis believed the voter groups and ruled in their favor.

As I find the Legislature’s remaining affirmative defenses to be without merit, I find the Congressional Redistricting plan adopted by the Legislature to be constitutionally invalid.  Specifically, Districts 5 and 10 were drawn in contravention of ArticleIII Section20 of the Florida Constitution.  They will need to be withdrawn ,as will any othe districts affected thereby.  All additional challenges to the plan are rejected.

Jurisdiction is reserved to consider any pending or post-judgment motions, and to enter such further orders as may be necessary to effectuate this judgment or to otherwise fashion an appropriate equitable remedy.

A part of the appropriate remedy came on Friday when the court ordered the legislature to hold a special session to revise the map and submit it to the court by August 15^th so that it can be in place by August 21.

The Court recognized “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” suggesting the possibility of either delaying the election or holding special elections in the affected districts.

Judge Lewis did not say in categorical terms what he would do next.  However, he made clear that he would consider postponing the November 4^th elections or hold special elections in districts affected by the map.

Referring to a Georgia case, Judge Terry said:

[t]here is authority that both justifies pushing back the November 4th election date and suggests that logistically, it can be done.  Under the circumstances before me, I believe that the law requires that I at least consider the possibility.

Republicans tried their best to fool the judge into to staying his ruling until after the 2014 election.  After all, a constitutional map may just confuse Florida voters.  We all know just how concerned Republicans are about voters – especially the ones in districts they gerrymandered to minimize the impact of their votes.

The fact that their gerrymandered map would probably give Republicans two more seats had absolutely nothing to do with it.

The Judge didn’t buy it and neither should Florida’s voters.

Republicans in Florida and in other states constantly thumb their noses at voting rights.  Even when voters successfully navigate the various Republican made obstacles to their franchise, under a Republican gerrymandered electoral map, a Democrat’s vote is less than equal to that of a Republican.  Republicans know that most of America rejects their ideology.  The only way they can hope to win power is through rigged elections.

Fortunately, a judge in Florida said no more.

Image: Legal Insurrection

Adalia Woodbury

Former contributor.