Twin Falls Cnty. v. Idaho Comm'n On Redistricting
| Decision Date | 18 January 2012 |
| Docket Number | No. 39373.,39373. |
| Citation | 152 Idaho 346,271 P.3d 1202 |
| Court | Idaho Supreme Court |
| Parties | TWIN FALLS COUNTY, a political subdivision of the State of Idaho; the Board of Twin Falls County Commissioners; the City of Twin Falls; the City of Hansen; the City of Filer; the City of Buhl; Teton County, a political subdivision of the State of Idaho; the Board of Teton County Commissioners; Owyhee County, a political subdivision of the State of Idaho; the Board of Owyhee County Commissioners; Kootenai County, a political subdivision of the State of Idaho; and the Board of Kootenai County Commissioners, Petitioners, v. IDAHO COMMISSION ON REDISTRICTING, and Ben Ysursa, the Secretary of State of the State of Idaho, Respondents. |
Grant P. Loebs, Twin Falls County Prosecuting Attorney, Twin Falls, argued for petitioners.
Brian Kane, Assistant Chief Deputy Attorney General, Boise, argued for respondents.
This is a petition challenging the constitutionality of Plan L 87, a legislative redistricting plan adopted by the commission for reapportionment. We hold that the plan is invalid because it violates Article III, section 5, of the Idaho Constitution by dividing more counties than necessary to comply with the Constitution of the United States. The commission for reapportionment is directed to reconvene to adopt a revised plan.
On November 8, 1994, the electors of the State of Idaho ratified an amendment to Article III, section 2, of the Constitution of the State of Idaho to remove redistricting from the legislature and to transfer it to a six-person, bipartisan commission to reapportion the legislature and/or to create new congressional district boundaries. The leaders of the two largest political parties in each house of the legislature and the state chairs of the two largest political parties in the State each appoint one person to the commission. Idaho Const. Art. III, § 2(2). The Secretary of State forms a commission when there is a new federal census or when necessary due to a decision of a court of competent jurisdiction. Id.
As a result of the 2010 federal census, the Secretary of State formed a commission for reapportionment on June 7, 2011. That commission held fourteen public hearings around the state, but was unable to agree upon a plan for either legislative or congressional redistricting before the expiration of the ninety-day time limit set by Idaho Code section 72–1508. Therefore, the Secretary of State formed a new commission.
The new commission convened on September 28, 2011, and adopted the record and proceedings of the prior commission. The new commission then held public hearings in Idaho Falls, Coeur d'Alene, and Boise. On October 14, 2011, it unanimously adopted a legislative redistricting plan entitled "Plan L 87," and three days later it adopted a plan to redraw congressional boundaries entitled "Plan C 52." On November 16, 2011, Petitioners filed this proceeding challenging Plan L 87. On November 23, 2011, this Court gave Petitioners fourteen days within which to file their opening brief, Respondents fourteen days thereafter within which to file a responding brief, and Petitioners seven days thereafter within which to file a reply brief. We also scheduled oral argument for January 5, 2012.
When the Constitution of the State of Idaho was ratified in 1890, Article III, section 5, prohibited a county from being divided in order to create a senatorial or representative district.1 As originally ratified, the Constitution also provided in Article III, section 4, that "each county shall be entitled to one representative." In 1911, the electors ratified an amendment to Article III, section 2, so that it provided, "The senate shall consist of one (1) member from each county."
In 1962, a lawsuit was filed in federal court challenging sections 2, 4, and 5 of Article III. Hearne v. Smylie, 225 F.Supp. 645 (D.Idaho 1964). The three-judge court that was convened to hear that case dismissed it without addressing the merits. Id. at 656. While that case was on appeal, the United States Supreme Court decided that it wanted both houses of bicameral state legislatures apportioned by population. Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506 (1964). It reversed the judgment in Hearne and remanded the case for further proceedings consistent with Reynolds. Hearne v. Smylie, 378 U.S. 563, 84 S.Ct. 1917, 12 L.Ed.2d 1036 (1964). The Supreme Court also has held that an apportionment plan that deviates more than ten percent among the various districts is prima facie unconstitutional. Brown v. Thomson, 462 U.S. 835, 842–43, 103 S.Ct. 2690, 2695–95, 77 L.Ed.2d 214, 221–22 (1983).
In response to the Reynolds decision, the Idaho legislature proposed, and on November 4, 1986, the electors ratified, amendments to sections 2, 4, and 5 of Article III, of the Idaho Constitution. The 1986 amendment to section 5 included a provision stating that "a county may be divided in creating districts only to the extent it is reasonably determined by statute that counties must be divided to create senatorial and representative districts which comply with the constitution of the United States."2 After the ratification of the 1986 amendment, the legislature enacted Idaho Code section 72–1506, which is now the statute referenced in that amendment. Bonneville County v. Ysursa, 142 Idaho 464, 473, 129 P.3d 1213, 1222 (2005).
There is a hierarchy of applicable law governing the development of a plan for apportioning the legislature: The United States Constitution is the paramount authority; the requirements of the Idaho Constitution rank second; and, if the requirements of both the State and Federal Constitutions are satisfied, statutory provisions are to be considered. A lower ranking source of law in this hierarchy is ineffective to the extent that it conflicts with a superior source of law. Bingham County v. Idaho Comm'n for Reapportionment, 137 Idaho 870, 874, 55 P.3d 863, 867 (2002). Thus, the hierarchy of requirements governing a plan for apportioning the legislature is as follows:
First, the plan must comply with what the United States Supreme Court has stated to be the requirements of the Equal Protection Clause of the Fourteenth Amendment to the Constitution. "A redistricting plan that deviates more than 10% in population among the districts is prima facie unconstitutional under the Equal Protection Clause." Bingham County, 137 Idaho at 872, 55 P.3d at 865 (2002). "A plan with larger disparities in population, however, creates a prima facie case of discrimination and therefore must be justified by the State." Brown, 462 U.S. at 842–43, 103 S.Ct. at 2696, 77 L.Ed.2d at 222. If a deviation of more than ten percent is not justified by the State, the plan is unconstitutional. Smith v. Idaho Comm'n on Redistricting, 136 Idaho 542, 544, 38 P.3d 121, 123 (2001). The commission is not required to draw legislative districts that all have precisely the same population numbers. Some discretion is inherent in the percentage of deviation that presumptively complies with the Supreme Court's requirements.
Second, the plan must comply with the requirements of the Idaho Constitution. Article III, section 5, states that "a county may be divided in creating districts only to the extent it is reasonably determined by statute that counties must be divided to create senatorial and representative districts which comply with the constitution of the United States." "We have interpreted this provision to mean that the constitution ‘prohibits the division of counties, except to meet the constitutional standards of equal protection.’ " Bonneville County v. Ysursa, 142 Idaho 464, 471, 129 P.3d 1213, 1220 (2005) (quoting Bingham County v. Comm'n for Reapportionment, 137 Idaho 870, 878, 55 P.3d 863, 871 (2002) ). This provision places a limitation on the total number of counties that can be divided by a legislative redistricting plan. The word "only" means "solely." Carstens Packing Co. v. Unemployment Comp. Div. of Indus. Accident Bd., 65 Idaho 370, 376, 144 P.2d 203, 206 (1943). A county can be divided solely for one reason—"to the extent it is reasonably determined by statute that counties must be divided to ... comply with the constitution of the United States." Idaho Const. Art. III, § 5 (emphasis added). Dividing a county for other reasons is not permitted. Compliance with this provision in Article III, section 5, cannot be determined by looking at each county division in isolation. The provision does not state that "a county may be divided ... only to the extent that it is reasonably determined ... that the county must be divided to ... comply with the constitution of the United States." Rather, it states that "a county [singular] may be divided ... only to the extent it is reasonably determined by statute that counties [plural] must be divided to ... comply with the constitution of the United States." Idaho Const. Art. III, § 5 (emphases added). Likewise, the provision does not say "only if it is reasonably determined ... that counties must be divided." In other words, it does not state that the prohibition on dividing counties disappears once it is determined that at least one county must be divided to comply with the Constitution. It says "only to the extent it is reasonably determined ... that counties must be divided." (Emphasis added.) The "only to the extent" language would be meaningless unless it is a limitation on the total number of counties that can be divided. When district lines are drawn, a particular county is either divided or it is not. There is no middle ground. A county cannot be almost divided. Looking at the division of one county in isolation would not show the extent to which counties (plural) must be divided in order to comply with the Supreme Court's requirements. The extent to which counties (plural) must be...
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