Mauldin v. Branch

• Citation: 866 So.2d 429
• Decision Date: 18 December 2003
• Docket Number: No. 2002-CA-00146-SCT.,2002-CA-00146-SCT.
• Parties: Carolyn MAULDIN, Stacy Spearman, David Mitchell, James Clay Hays, Jr., and Mississippi Republican Executive Committee v. Beatrice BRANCH, Rims Barber, L.C. Dorsey, David Rule, Melvin Horton, James Woodard, Joseph P. Hudson and Robert Norvel.
• Court: United States State Supreme Court of Mississippi

866 So.2d 429

Carolyn MAULDIN, Stacy Spearman, David Mitchell, James Clay Hays, Jr., and Mississippi Republican Executive Committee v. Beatrice BRANCH, Rims Barber, L.C. Dorsey, David Rule, Melvin Horton, James Woodard, Joseph P. Hudson and Robert Norvel.

No. 2002-CA-00146-SCT.

Supreme Court of Mississippi.

December 18, 2003.

Rehearing Denied March 11, 2004.

Michael B. Wallace, Christopher Royce Shaw, Jackson, Arthur F. Jernigan, Jr., Richard F. Scruggs, Pascagoula, F. Keith Ball, Louisville, Tupelo, Grant M. Fox, Staci Bozant O'Neal, attorneys for appellants.

Robert B. McDuff, Jackson, Carlton W. Reeves, attorneys for appellees.

EN BANC.

WALLER, Justice, for the Court.

¶ 1. This appeal arises from a chancery court's adoption of a congressional redistricting plan when the Legislature failed to perform its statutorily-mandated duty to do so. We find that the chancery court lacked jurisdiction over this case and that the only state governmental entity authorized to draw new congressional districts is the Legislature. Therefore, we reverse and render.

FACTS AND PROCEDURAL HISTORY

¶ 2. Pursuant to § 5 of the Voting Rights Act of 1965, 42 U.S.C. § 1973c, Mississippi must obtain federal preclearance of new congressional redistricting plans from either the United States District Court for the District of Columbia or the United States Attorney General. In Mississippi, the State Legislature is responsible for submitting a new plan before the congressional candidate qualifying deadline. Miss.Code Ann. § 5-3-123 (Rev. 2002).¹

¶ 3. Following the 2000 decennial census, Mississippi's delegation to the United States House of Representatives was reduced from five to four representatives. However, the Legislature failed to act and left the old five-district plan in place.

¶ 4. Concerned about the Legislature's failure to act, on October 5, 2001, Beatrice Branch, Rims Barber, L.C. Dorsey, David Rule, Melvin Horton, James Woodard, Joseph P. Hudson and Robert Norvel² ("Branch") filed for injunctive relief in the Chancery Court of the First Judicial District of Hinds County, Mississippi, against the State Board of Election Commissioners,³ alleging that it did not appear to be likely that the Legislative Standing Joint Congressional Redistricting Committee (SJCRC) would submit a new redistricting plan and requesting the chancery court to adopt and implement a plan in time for § 5 preclearance and the candidate qualifying deadline of March 1, 2002. After the chancery court assumed jurisdiction, the SJCRC filed a motion to dismiss in which it alleged, inter alia, that the suit was not ripe as the Legislature retained "substantial time" to act either at a special session or at the regular session beginning on January 2, 2002, without any disruption or delay to the candidate qualifying or primary dates, or the general election in November of 2002. On November 19, 2001, the chancery court denied the motion to dismiss and urged the Legislature and the Governor to renew their efforts to enact and implement a congressional redistricting plan as soon as possible. The Mississippi Democratic Executive Committee and the Mississippi Republican Executive Committee were joined as indispensable parties. Carolyn Mauldin, Stacy Spearman, David Mitchell and James Clay Hays, Jr.⁴ ("Mauldin"), were joined as party defendants after they filed a motion to intervene.

¶ 5. Meanwhile, suit was filed in the United States District Court for the Southern District of Mississippi for an injunction to stay the state court action.⁵ This complaint alleged that Mississippi's then-existing five-member district plan could not be enforced under federal law and that any plan subsequently adopted by state authorities, including the chancery court, could not be enforced until precleared under § 5. The three-judge district court convened to hear the federal lawsuit deferred ruling on the request for an injunction on December 5, 2001, so that state authorities would have a continued opportunity to redistrict. The three-judge court ruled, "[I]f it is not clear ... by January 7, 2002, that the State authorities can have a redistricting plan in place by March 1," it would assert jurisdiction, proceed to rule on the injunction motion, and, if necessary, draft and implement its own reapportionment plan. Smith v. Clark, 189 F.Supp.2d 502, 503 (S.D.Miss.2001) (three-judge court).

¶ 6. In mid-December, the SJCRC filed for writs of prohibition and mandamus in this Court alleging that the chancery court lacked jurisdiction. Finding that the chancery court had jurisdiction, we denied the petitions and stated, "Any congressional redistricting plan adopted by the chancery court ... will remain in effect, subject to any congressional redistricting plan which may be timely adopted by the Legislature." In re Mauldin, No.2001-M-01891 (Miss. Dec. 31, 2001).

¶ 7. Later in December, the chancery court conducted a trial in which 11 proposed redistricting plans were submitted into evidence. The chancery court adopted the submitted plan called "Branch Plan 2A," holding that the plan constituted the best compromise between the separate plans adopted by the Mississippi House of Representatives and Senate and that it best provided parity and competition between the supporters of the two incumbents whose districts were affected by the mandatory redistricting. Branch Plan 2A was submitted to the United States Attorney General for § 5 preclearance on December 26, 2001.

¶ 8. In February of 2002, the three-judge court announced that it had drawn a redistricting plan and that it intended to implement this plan absent timely preclearance of the chancery court plan. Smith v. Clark, 189 F.Supp.2d 512 (S.D.Miss.2002) (three-judge court). The three-judge court ordered:

that the [State of Mississippi] shall use the congressional redistricting plan adopted by this court ..., in all succeeding congressional primary and general elections for the State of Mississippi thereafter, until the State of Mississippi produces a constitutional congressional redistricting plan that is precleared in accordance with the procedures in Section 5 of the Voting Rights Act of 1965.

Smith v. Clark, 189 F.Supp.2d 548, 559 (S.D.Miss.2002) (three-judge court), aff'd sub. nom. Branch v. Smith, 538 U.S. 254, 123 S.Ct. 1429, 155 L.Ed.2d 407 (2003)

.

¶ 9. On February 14, the United States Attorney General notified the Mississippi Attorney General that "the Department is not formally seeking additional information regarding the redistricting plan," but that it needed more information about this Court's order in In re Mauldin. The Department of Justice asserted that when it received the requested information a new 60-day period for its § 5 review would begin. It expressed concern about reviewing the plan in the absence of a decision from this Court regarding the chancery court's jurisdiction.

¶ 10. The three-judge court subsequently enjoined the chancery court plan on the ground that this Court's assertion of chancery jurisdiction in In re Mauldin constituted a change in election law requiring § 5 preclearance—which had not been granted. Smith v. Clark, 189 F.Supp.2d 503, 508 (S.D.Miss.2002) (three-judge court). Alternatively, the federal district court held that the assertion of state court jurisdiction violated Article I, § 4 of the United States Constitution, reasoning congressional redistricting is a legislative function and that, without an express delegation of power, state courts cannot adopt a remedial redistricting plan if the legislature defaults. Smith v. Clark, 189 F.Supp.2d at 558. In late February, the district court ordered implementation of its own plan, and the 2002 congressional elections were held accordingly. Id. at 559.

¶ 11. The United States Supreme Court affirmed the federal injunction strictly due to the fact that the chancery court plan had not been precleared. Branch v. Smith, 538 U.S. 254, 123 S.Ct. 1429, 1437, 155 L.Ed.2d 407 (2003). It did not address the issue of whether the chancery court's assumption of jurisdiction was constitutional. Id. Finally, the Supreme Court stated that its ruling was not "binding upon state and federal officials should Mississippi seek in the future to administer a redistricting plan adopted by the Chancery Court." Id.

¶ 12. Mauldin has appealed the issues of the chancery court's assumption of jurisdiction and its adoption of the Branch Plan 2A. Branch defends the chancery court's judgment, while the State Board of Election Commissioners did not file a brief in this appeal.

DISCUSSION

I. STATUTORY AUTHORITY TO DRAW CONGRESSIONAL DISTRICTS.

¶ 13. Our statutes clearly provide that the only governmental entity in this state that is authorized to draw congressional districts is the Legislature. See Miss.Code Ann. § 5-3-123 (Rev.2002). That power is not granted to any other governmental entity by the Mississippi Constitution, statutes, or case law.

¶ 14. The power to assist the Legislature with "professional, technical and other expertise" in redistricting is given to "all political subdivisions, state agencies, and all other creatures of the state of Mississippi." Miss.Code Ann. § 5-3-127 (Rev. 2002). Because the state courts are not mentioned specifically in either § 5-3-123 or § 5-3-127, they must necessarily fall under the category of "all other creatures of the state of Mississippi." Therefore, state courts are only authorized to assist in redistricting, not to engage in the act of redistricting. The chancery court was clearly erroneous in assuming jurisdiction of this matter in which the parties requested the court to engage in redistricting.

¶ 15. Our case law clearly states that chancery courts lack jurisdiction to adjudicate disputes over congressional redistricting. In re McMillin, 642 So.2d 1336, 1339 (Miss.1994) ("Chancery Courts in this state do not have jurisdiction to enjoin elections or to otherwise interfere with political and electoral...