May 7 trial set for challenge on district lines

Suit claims black vote diluted

— On May 7, a panel of three federal judges will hear a lawsuit challenging whether the state’s Senate districts were drawn to dilute black voters’ strength, according to court documents.

The suit, filed Jan. 23, asked a federal court in Little Rock to prohibit Arkansas from using new district lines approved last summer by the Board of Apportionment and make the state draw districts that better serve black voters in northeastern Arkansas, particularly in Senate District 24.

Gov. Mike Beebe, Attorney General Dustin McDaniel and Secretary of State Mark Martin, who comprise the Board of Apportionment, are all defendants in the suit.

The case is Future Mae Jeffers v. Mike Beebe. Panel judges who will hear the case are Chief U.S. District Judge Leon Holmes, District Judge Susan Webber Wright and 8th U.S. Circuit Judge Lavenski Smith, formerly an Arkansas judge who was a Republican candidate for office. All three were appointed to the federal judiciary by Republican presidents.

According to court documents, the trial is scheduled for 9:15 a.m. May 7 in Courtroom No. 314. The plaintiffs’ attorney, James Valley, said it will be in the federal courthouse in Helena-West Helena.

The districts have already been put into effect by the secretary of state. Candidates will file for the 2012 election Feb. 23-March 1. The Arkansas primary is May 22.

Valley said that despite the trial’s proximity to the primary, it would have been difficult to hold it any sooner.

“We are moving at light speed to get this case ready by that date. If we had a date set sooner, then we would be pushing our experts too much and might not be able to properly develop the issues for trial,” Valley said. “The federal court has the power and discretion to halt the election or make adjustments as necessary. We will present a case that limits the impact of this decision to one or two Senate districts. At least that’s our hope at this time.”

Attorney general spokesman Aaron Sadler said Mc-Daniel is satisfied with the schedule.

“The court has set out a schedule under which it can reach a decision before the primary elections,” Sadler said.

In a brief filed Friday, Martin stressed that he voted against the plan approved by the board, but said it is too late to change the boundaries before the 2012 primary because county clerks would not have enough time to draw precinct lines to comply. He is being represented by former U.S. Rep. Asa Hutchinson, a Republican.

Beebe and McDaniel voted in favor of the plan. Mc-Daniel is representing them both.

The suit focuses on District 24, which includes all of Crittenden County and parts of Cross, Lee, Phillips and St. Francis counties. The seat is held by Sen. Jack Crumbly, DWidener, a plaintiff in the suit. He is running for re-election against a white candidate.

Valley said he is confident he can show that the board had other options when it chose to draw District 24 so that it has a black voting-age population of 52.88 percent.

“We have produced a map which exchanges people between District 23 and District 24, increases the [black votingage population] and complies with other relevant redistricting law. This case will beg the question, why did the Board of Apportionment dilute the voting strength of the patrons in District 24 when it clearly had viable options which would not dilute the voting strength?” Valley said.

Arkansas, Pages 10 on 02/15/2012

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