Friday, May 13, 2016

Arizona Legislature Using Budgetary Power to Limit Map Defense


In the wake of two GOP defeats at the U.S. Supreme Court, Republicans at the Arizona Legislature are using their budgetary powers to remove $695,000 from the Arizona Independent Redistricting Commission (“AIRC”).

The funds were to be used in defending a State court action brought by key Republican lawmakers and others as that case heads towards trial next year.

Arizona Governor Doug Ducey signed a new budget into law yesterday. It contains $1.1M for the entire Independent Redistricting Commission budget.

That amount is not enough to cover the expected legal expenses for the Leach v. Arizona Independent Redistricting Commission case, which has already cost taxpayers $1.5M.

If the AIRC runs out of taxpayer funds to defend the suit before or during trial, it has a few options available, including asking the judge to order the State Government, including plaintiffs Leach and Shooter, to properly fund the defense.

There have been suggestions that the Legislature did not permit the carry over of funds because the suit might be settled after the unanimous Supreme Court opinion last month reiterated that slight population discrepancies between districts is generally permissible. However, Joe Kanefield, of Ballard & Spahr, represents the AIRC says that there have been no settlement discussions.

The maps have been in place since the 2012 elections, and less than 4 years remain until the next re-districting process begins.

"You have leaders of one body of government controlling the monies for what is supposed to be a fully independent body of government. This is not surprising, and it is not right," Assistant Minority Leader Sen. Steve Farley (D-LD9) said. Farley also noted that voters made the AIRC independent because of the nature of their task, redistricting legislative and Congressional districts.











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