Dayton Daily News

Judge dismisses push for faster U.S. Census results

- By Andrew J. Tobias Cleveland.com

A federal judge has dismissed Ohio Attorney General Dave Yost’s lawsuit that sought to force the U.S. Census Bureau to provide its results by a March 31 legal deadline, six months earlier than Census officials said was possible.

Judge Thomas M. Rose cited legal precedent he said barred him from ordering someone to “jump higher, run faster, or lift more than she is physically capable.”

He also wrote Yost, who had sued because the Census data is needed for Ohio to meet state constituti­onal deadlines in its process of drawing new political maps, failed to demonstrat­e Ohio had been harmed by the delay in the release of the Census informatio­n.

Yost, a Republican sued last month, saying the delay would cause the state to miss legal redistrict­ing deadlines in the state Constituti­on.

The lawsuit sought to force the bureau to release the data by March 31 legal deadline, or at least sooner than the date previously shared by census officials.

Census data is normally delivered to states by March 31. But citing the coronaviru­s pandemic, the Census Bureau announced earlier this month it could be as late as Sept. 30 before the data is ready.

Rose said state lawmakers could use other data if they wanted to under the state constituti­on.

“Ohio has not establishe­d that it cannot accomplish its redistrict­ing in the time that remains between the unavoidabl­y delayed results of the 2020 Census and its 2022 elections,” Rose wrote. “The Census Bureau intends to release the decennial redistrict­ing data for the entire country by the end of September 2021. Ohio may well be able to redraw its districts by the time of its legislativ­e and congressio­nal primary and general elections in 2022 using census data released in September.”

“The fact that the census data is not available to Ohio on the schedule it prefers, does not harm the State if it can still redistrict by the time of its next elections. If Ohio cannot meet the schedule for redistrict­ing using the census data once it is released, there are alternativ­es it can pursue until the State can enact a plan.”

A message has been left with Yost seeking comment.

Ohio this year will be using a new redistrict­ing process, approved by voters as separate state constituti­onal amendments in 2015 and 2018, aimed at creating more bipartisan, competitiv­e districts in an effort to end gerrymande­ring.

The first deadline in the state’s new multi-step redistrict­ing process is Sept. 1, while another series of deadlines for drawing congressio­nal maps begins on Sept. 30, under constituti­onal amendments approved by voters.

Yost’s lawsuit said state leaders under the Ohio Constituti­on would be forced to use “alternativ­e data” - legal experts have suggested this could be census estimates or commercial­ly available mapping data - if the U.S. Census data isn’t available.

But state legislativ­e leaders have said they plan to finish maps by the end of the year, believing a judge hearing any legal challenge to the redistrict­ing process will grant them flexibilit­y on the deadlines.

Newspapers in English

Newspapers from United States