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GOP, Democrats seek legal ruling on Hispanic majority district
LAS VEGAS REVIEW-JOURNAL
Updated: Jul. 21, 2011 | 10:48 a.m.
Lawyers for both the Republican and Democratic parties on Wednesday asked a state judge to rule first on whether Hispanics merit a majority Latino congressional district in Nevada before he appoints a special panel to draw new maps for U.S. House and legislative seats.
Republicans believe the Voting Rights Act requires the state to shape one district in Southern Nevada around its heavy Hispanic population, now 26 percent of the state. Nevada is getting a fourth House seat because its total population grew to 2.7 million in the 2010 U.S. Census.
Democrats, however, argue that packing Latinos into one congressional district will dilute their voting power across the rest of the state, which could be considered a violation of the federal act.
Despite the opposing views, the two sides agreed that a court-appointed panel can't begin to draw the new maps until it has a legal ruling from the judge on whether to form a Hispanic majority district.
"The proper application of the Voting Rights Act will likely be the most important legal question of this entire process," lawyers for the Republicans said in court papers filed Wednesday.
The Democrats agreed, arguing that it's vital to decide the Latino issue first.
"The court's answer to this question will then inform whether the Legislature's map or the existing districts should be the starting point for the court's line-drawing task," the Democratic lawyers said.
The Democratic-led Legislature approved two sets of maps. Both were vetoed by Republican Gov. Brian Sandoval, the state's first Hispanic governor. He said they violated the Voting Rights Act because the maps, which got no GOP support, didn't set aside a Latino majority congressional district.
The GOP lawyers argued that a court-ordered panel should reject the Legislature's vetoed maps and instead start with the current districts in place since 2001 from the last round of redistricting.
The legal arguments were filed with District Judge James Russell in Carson City, who said he plans to appoint a special masters panel to draw the new electoral maps for Nevada.
Anticipating a political impasse, the Democratic Party had filed a lawsuit challenging redistricting even before the Legislature began work on new maps. Republicans then filed suit as well. Secretary of State Ross Miller, a Democrat, was named as the defendant because he's the top election official.
The Nevada attorney general's office also filed legal papers Wednesday on behalf of Miller but stayed away from the Latino question. Instead, the attorney general's office reminded the judge the Legislature has a "mandatory duty" to reapportion the population and draw new electoral districts.
"A successful special session would moot this litigation," the attorney general's office said, making an argument for the judge to throw the issue back to the Legislature instead of a special panel.
Sandoval already has rejected calling a special legislative session to handle redistricting.
Judge Russell had set Wednesday as a deadline for all parties in the lawsuit to suggest members for the special panel he plans to appoint, which could include up to half a dozen people.
Miller recommended nine people, including politicians such as former Democratic U.S. Sen. and Gov. Richard Bryan, former state Sen. Terry Care, a Democrat, and former state Sen. Bill Raggio, a Republican, as well as experts on redistricting and community leaders.
The Democrats also had a couple of former politicians on their list of 13 recommendations, including Bryan and former Attorney General Frankie Sue Del Papa. The rest were political scientists, historians and demographic experts from Nevada and outside the state.
The Republican lawyers said they thought the judge wanted to keep politics out of the process so they didn't propose any former politicians. Instead the GOP list of eight recommendations from Nevada and out of state included nationally recognized experts in government, redistricting, elections and law.
It's unclear how quickly Russell will act on whether to hold hearings and rule on the Hispanic voting rights issue before selecting people to serve on the redistricting panel.
Sorting out all the legal and political issues could take months but must be decided before March of next year when candidates can begin filing for political office.
Congressional candidates don't have to live in districts they represent, and several Democratic candidates have announced House runs or are preparing campaigns. But Nevada's 21 state senators and 42 members of the Assembly must live in their districts and need to know the outlines.
Review-Journal writer Doug McMurdo contributed to this report. Contact Laura Myers at lmyers@reviewjournal.com or 702-387-2919. Follow @lmyerslvrj on Twitter.
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@ richka321,, Possibly I misunderstood Allen.Samuels post but I do believe he and Mac are speaking out against illegal aliens and any ethnic Gerrymandering. The problem is Hispanic’s have been using a very intelligent sales pitich and marketing of their ethnic group and a promised voting block. A block politicians of both parties are courting and both parties are ignorant of the truth. Independent voters whether you are a Tea Party or middle of the road Republican or Democrat. It these independents voting that made Obama presidency possible and the history making sweeping Republicans back into control of the house and other victories around the country in 2010. It is truly the independent Middle America that is the voting block not one ethnic group or race. While certain areas or sections of the country can claim this like LA, certainly nationally, Independents are who politicians should be pandering too. The next presidential election will be a telling one and I think Hispanic have bullied their horse and pony show with their purely ethnic agendas too far. The sale pitch is falling flat and hopefully being exposed for the lie it is.
Right on Joe C. Allen.Samuels and Mac. We're all getting sick and tired over the endless claims that illegal immigrants (aliens) and their now "citizen" offspring are GOOD for our country. Now they want to create a political little Mexico right here in Nevada. We all know what that will lead to......another Mexifornia. We're already heading in that direction thanks to Obama and Reid.....Let's celebrate the news that the immigration lottery will finally be a thing of the past. Now it's time to move on securing the border and round up the ones already here......Arizona has set up a fund to finance a secure metal fence. I donated my money to this cause. It's to everyones advantage to get the illegals stopped at the border. Once they're in your neighborhood, it's almost impossible to get them deported.....@Mr. Dru....if you need a definition of "racist", just read the article and figure out for yourself who the racists are. It's the ones that's hiding behind the word "hispanics". Ever wonder why they're not referring to themselves as "americans"?
If a non-Hispanic person says something about Hispanic's it's racist. But yet Hispanic can single theirselves out for their own
district? What's wrong with this picture? What about a German, Chinese, or Irish district then?????
Race does not matter. Size does not matter. yuk yuk yuk yeah its true. wink wink yuk yuk. Y'all want a ride to town on the turnip truck.
@ Mr. Dru,,,I’ve not read all the comments but I’m assuming you are upset because people associate Hispanic’s with illegal aliens. It’s an association about one issue that too many Hispanic’s, but not all, have claimed so the association is valid. Especially since the largest number of illegal aliens are from Mexico and Hispanic. Pointing out something that is already claimed by one group and is harmful to others and is fact, isn’t racist. Perhaps Hispanic’s that claim this issue are racist. The issue of forming a Hispanic district should be unsettling to everyone, since the PC world tells everyone we should not judge someone by the race, ethnic group etc. Unless it favors a minority issue. From the issue of illegal aliens to the issue of forming a Hispanic district there is much racism but not from those opposing illegal aliens or those opposing forming a political district of one ethnic group. Gerrymandering no matter the reasoning is horribly wrong and so is illegal immigration; as are those defending it and the defenders of illegals are truly the racist or those exploiting the issue, possibly for a profit agenda.
Ahhhh yes, let the racist comments fly!!! It's a regular Tea Party gathering here today folks, no requirements to get into this group, just a IQ>50. If you want to hold office, 5050.5. I heard that racist ALAN STOCK is looking for job now, perhaps he can hold office as he meets the requirements.
If our legislature can't be and do the right thing, then we need to fire them. Districts should not require judicial action. We elect
officials to do this, and I say if they can't be fair, then the cost of such action should come our of their poor salaries, and if that is not enough, take it our of their household incomes. This is a sad state of being. Remove the Party Set from it, do the darn districts by size and population and quit trying to gerrymander.
How about they go back to Mexico. Then they can all live in a hispanic district!
Maybe we can get all the illegals in one group!
A Real Eye Opener
WHY is the USA BANKRUPT?
Informative, and mind boggling!
You think the war in Iraq was costing
us too much? Read this:
We have been hammered with the
propaganda that it was the Iraq war and
the war on terror that is bankrupting us.
I now find that to be RIDICULOUS.
I hope the following 11 reasons are
1. $11 Billion to $22 billion is spent on welfare
to illegal aliens each year by state governments.
2. $22 Billion dollars a year is spent on food
assistance programs such as food stamps,
WIC, and free school lunches for illegal aliens.
3. $2.5 Billion dollars a year is spent on
Medicaid for illegal aliens.
4. $12 Billion dollars a year is spent on
primary and secondary school education
for children here illegally and they
cannot speak a word of English!
5. $17 Billion dollars a year is spent for
education for the American-born
children of illegal aliens, known as anchor babies.
6. $3 Million Dollars a DAY is spent to
incarcerate illegal aliens.
7. 30% percent of all Federal Prison
inmates are illegal aliens.
8. $90 Billion Dollars a year is spent on
illegal aliens for Welfare & social
services by the American taxpayers.
9. $200 Billion dollars a year in suppressed
American wages are caused by the illegal
aliens.
10. In 2006, illegal aliens sent home
$45 BILLION in remittances to their
countries of origin.
11. Another Dark Side of Illegal Immigration:
Nearly One million seeex crimes committed
by Illegal Immigrants In The United States ..
The total cost is a whopping
$ 338.3 BILLION DOLLARS
? A YEAR AND IF YOU'RE LIKE ME,
HAVING TROUBLE UNDERSTANDING
THIS AMOUNT OF MONEY; IT IS
$338,300,000,000.00 WHICH
WOULD BE ENOUGH TO STIMULATE
THE ECONOMY FOR THE CITIZENS OF
THIS COUNTRY.
Are We THAT Stupid?
YES, FOR LETTING THOSE
IN THE U.S. CONGRESS
GET AWAY WITH LETTING
THIS HAPPEN YEAR AFTER
YEAR!!!!!
Turkovich, the LEGISLATURE gets to divvy up the maps. If other parties want to be a part of the process they have to get ELECTED first. As to the article, if BLACKS were the ones subject to this SEGREGATION and limitation of political clout NOBODY would have a problem with equally dividing them among districts. REPUBLICANS know that THAT would result in THREE DEMOCRATIC districts. The Republicans/Governor Pocho are all betting that kicking the can to the Supreme Court will result in two Democratic Districts, one Northern Republican and one LEANING Democratic district. That is what this is ALL about; one split district. OH, and by the way, it will be Joe Heck's district; now can you connect the dots?