By Jack Brammer
NKyTribune reporter
A state judge plans to act quickly on a lawsuit filed by the Kentucky Democratic Party challenging Republican-drawn state House and U.S. Congressional redistricting maps.
Covington Mayor Joe Meyer and the city’s commission have spoken out against the new maps that split the city into three state House districts instead of one.
After a 90-minute hearing Thursday in Frankfort, Franklin Circuit Judge Thomas Wingate said he would rule quickly, maybe within 10 days, on the Democrats’ request for a temporary injunction to delay implementation of the new maps.
Joining in the Democratic Party’s lawsuit are several Franklin County residents including Rep. Derrick Graham, D-Frankfort. The plaintiffs hope that the state legislature is required to draw new maps.
The suit was filed Jan. 20 against Kentucky Secretary of State Michael Adams, the state’s top elections official, and the Kentucky State Board of Elections. They are being represented in court by attorneys from state Attorney General Daniel Cameron’s office.
Besides saying he plans to rule quickly on the Democrats’ request for a temporary injunction, the judge also indicated that he is likely to rule on defendants’ request to dismiss the lawsuit by mid-March.
Louisville attorney Michael P. Abate, representing the Democrats, argued at Thursday’s court hearing that the new maps violate the Kentucky Constitution and amount to “extreme partisan gerrymandering” that unfairly treats Democrats. Democratic Gov. Andy Beshear has called the maps “unconstitutional political gerrymandering.”
Abate told the judge that the lawsuit presents two main arguments: the maps are so gerrymandered to benefit Republicans that they violated the state Constitution and that the counties in the House map are split excessively.
The lawsuit contends that 13 counties were split more than they needed to be for House districts: Boone, Fayette, Hardin, Campbell, Madison, Bullitt, Christian, McCracken, Oldham, Pulaski, Laurel, Pike and Jessamine.
It also argues that several cities, including Covington, were split too much.
Associate Attorney General Vic Maddox told the judge that the law is “clear, constitutional and workable” in regard to the new maps.
He said the Kentucky Supreme Court in a past redistricting case allowed excessive splitting of some counties.
Both Maddox and Deputy Attorney General Barry Dunn said that an unfavorable court ruling against the new maps would create “chaos.”
“There would not be enough time” to run an election, Maddox told reporters after the hearing. He said copies of the ballots to be given to a vendor for printing must be ready by Feb. 23 for the May 17 primary election to determine party nominees for November’s general election.
Abate replied that a vendor’s contract does not trump the Constitution.
He said cries of potential chaos by throwing out the new maps are “manufactured.”
He noted that there are still about 100 days before the May election and new filing deadlines can always be set by the legislature.
Judge Wingate appeared quite interested in the “chaos” question, asking about it in his opening statements in the hearing.
In the new maps being challenged, Covington went from one House representative, Democrat Buddy Wheatley of Covington, to three. The other two are Republican Reps. Kim Moser of Independence and Kim Banta of Fort Mitchell. The redistricting diluted Wheatley’s Democratic voter registration in the district.
Covington officials have voiced concern about the change, advocating for a “Covington-centric” House district.
Asked after Thursday’s court hearing what he would tell concerned officials of Covington, Secretary of State Adams said he was not at the hearing to defend policies but to make sure elections run smoothly.
He said he was concerned that the Democratic lawsuit would not allow that to happen this spring.
But Abate, attorney for the Democrats, said the splitting of Covington into three House districts is “a perfect example of what is happening here.”
He said the GOP legislature divided up several cities “for partisan gain.”
Regardless of how Franklin Circuit Judge Wingate rules, the issue is expected to go all the way to the state’s highest court, the Kentucky Supreme Court, Abate said.
“I can’t imagine this case not going to the Supreme Court one way or the other.”