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applegrove

(118,021 posts)
Fri Aug 1, 2014, 04:49 PM Aug 2014

Florida Judge Says He May Delay Congressional Elections Due To Illegally Gerrymandered Maps

Florida Judge Says He May Delay Congressional Elections Due To Illegally Gerrymandered Maps

by Ian Millhiser at Think Progress

http://thinkprogress.org/justice/2014/08/01/3466854/florida-judge-says-he-may-delay-congressional-elections-due-to-illegally-gerrymandered-maps/

"SNIP...........................


Last month, a Florida trial court held that the state’s gerrymandered congressional maps — maps that enabled Republicans to capture 17 of the state’s 27 U.S. House seats despite President Obama’s victory over Mitt Romney on the very same day — violate the state’s constitution. On Friday, Judge Terry Lewis issued a new order suggesting, without outright concluding, that the unconstitutional maps may not be used in the 2014 election. Indeed, Lewis floats the possibility that he may order Florida’s 2014 congressional elections to be delayed, at least in some parts of the state.

Although top Florida Republicans have indicated they will not appeal Lewis’ original order declaring the state’s maps unconstitutional, they asked him to delay the impact of his decision until after the 2014 elections, essentially allowing one more slate of lawmakers to be elected using the illegal maps. In his original order, Lewis determined that two districts were drawn in order to transform a bloc of four districts “from being four Democratic performing or leaning seats in early maps . . . to two Democratic and two Republican performing seats in the enacted map.” Thus, if the old maps are allowed in 2014, Republicans will likely gain two more seats in the House than they would under lawful maps.

In Friday’s order, Lewis orders the state legislature to “submit a remedial or revised map no later than noon on August 15, 2014.” Though Lewis does not reveal what he will do next, he does note that “[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.”

The authority he refers to is a 1982 case where a court ordered Georgia congressional races delayed after the state drew two congressional districts that violated the Voting Rights Act. If Lewis were to take a similar action in this case, that could mean that he would order congressional races delayed in the districts most impacted by his decision, while allowing elections in the rest of the state to move forward on schedule.




.............................SNIP"
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Florida Judge Says He May Delay Congressional Elections Due To Illegally Gerrymandered Maps (Original Post) applegrove Aug 2014 OP
I LOVE this judge... randys1 Aug 2014 #1
that is a great judge onethatcares Aug 2014 #2
If the repubs don't appeal Turbineguy Aug 2014 #3
Great leadership from the judge. applegrove Aug 2014 #4
Would someone please clarify this for me? sadoldgirl Aug 2014 #5
"voter-approved anti-gerrymandering amendment to the state Constitution" applegrove Aug 2014 #6
It looks like he is referring to violations of the Voting Rights Act and authority from a 1982 Uncle Joe Aug 2014 #7
This certainly helps NC, indirectly. littlemissmartypants Aug 2014 #8
Thanks for the info sadoldgirl Aug 2014 #9

randys1

(16,286 posts)
1. I LOVE this judge...
Fri Aug 1, 2014, 04:52 PM
Aug 2014

BTW, is everybody figuring out that the entire republican party, in every state they have power, have viciously violated the constitution and gerry mandered to the point that a MILLION MORE VOTES for Democrats sill resulted in cons winning

WE should NOT ever get used that stat which PROVES stealing of elections...it is a new and clever way to steal elections, but it is god damn stealing elections

onethatcares

(16,133 posts)
2. that is a great judge
Fri Aug 1, 2014, 05:16 PM
Aug 2014

otherwise how do you strip the winner of their win in an unconstitutional district?

I hope he stays out of cars, airplanes, taxis and any other form of transport until at least December 2014.

sadoldgirl

(3,431 posts)
5. Would someone please clarify this for me?
Fri Aug 1, 2014, 07:10 PM
Aug 2014

After the 2010 census the legislature(be they R or D) has the right to redraw districts, and thus the Repugs did that. Now, is the judge referring to the FL constitution or the US one? Sorry, I am confused here.

applegrove

(118,021 posts)
6. "voter-approved anti-gerrymandering amendment to the state Constitution"
Fri Aug 1, 2014, 07:13 PM
Aug 2014
http://www.nytimes.com/2014/08/02/us/florida-judge-orders-new-congressional-map.html?_r=0

"Judge Lewis ruled on July 10 that the lines drawn for Florida’s Fifth and 10th Congressional districts “made a mockery” of a voter-approved anti-gerrymandering amendment to the state Constitution meant to inject fairness into a process that has long been politically tainted. That decision came after a 13-day trial in May and June, a result of a lawsuit brought more than two years ago by the League of Women Voters and other groups."

Uncle Joe

(58,112 posts)
7. It looks like he is referring to violations of the Voting Rights Act and authority from a 1982
Fri Aug 1, 2014, 07:20 PM
Aug 2014

case in Georgia.



http://ballotpedia.org/Redistricting_in_Florida

Florida is 1 of 16 states that must receive some approval from the U.S. Justice Department via the Voting Rights Act. They must receive pre-clearance on the counties of Collier, Hardee, Hendry, Hillsborough, and Monroe. Unlike the rest of the South, Florida's pre-clearance counties did not originate due to disenfranchised African-American voters, but rather because of Hispanic voters.[4]





http://thinkprogress.org/justice/2014/08/01/3466854/florida-judge-says-he-may-delay-congressional-elections-due-to-illegally-gerrymandered-maps/

The authority he refers to is a 1982 case where a court ordered Georgia congressional races delayed after the state drew two congressional districts that violated the Voting Rights Act. If Lewis were to take a similar action in this case, that could mean that he would order congressional races delayed in the districts most impacted by his decision, while allowing elections in the rest of the state to move forward on schedule.

littlemissmartypants

(22,418 posts)
8. This certainly helps NC, indirectly.
Fri Aug 1, 2014, 07:37 PM
Aug 2014

Where gerrymandering has meant it takes nearly 3 dem votes to equal one rep vote. Excellent call, I too love this judge.

Thank you for your post, applegrove!

Love, Peace and Shelter.


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