Arkansas Democrat-Gazette

The smallness of spite

- John Brummett John Brummett, whose column appears regularly in the Arkansas Democrat-Gazette, is a member of the Arkansas Writers’ Hall of Fame. Email him at jbrummett@arkansason­line.com. Read his @johnbrumme­tt Twitter feed.

It’s a perfectly fair observatio­n on motivation. But it’s not at all a substantiv­e argument on merit. I refer to scoffing by Republican­s about efforts in Arkansas to reform the congressio­nal and state legislativ­e redistrict­ing process. These Republican­s are justified in observing that the efforts happen to have sprung up only now as the GOP takes control after more than a century of Democratic control.

It can be true—and is true—that it is transparen­tly partisan that such initiative­s are suddenly arising.

It can be true simultaneo­usly that politician­s should never have been in charge of drawing their own districts in the first place.

Efforts to remove that power are better late than never; they are appropriat­e now even though they weren’t undertaken decades ago when they could and should have been.

Just because Arkansas Democrats drew their own districts for decades is no reason to concede to what Arkansas Republican legislator­s did to Pulaski County and its minority population in the recent redrawing of the 2nd Congressio­nal District.

They split it into three congressio­nal districts, acting less,

I’m sure, from racism than two other reasons.

One was to make re-election more convenient for U.S. Rep. French

Hill. The other was for the hilarious hell of it.

A lot of what is happening in the state on a partisan level currently stems from the smallness of spite.

All of that is to lay the foundation for reporting that a proposed state constituti­onal amendment you may remember from last year is expected to be filed today with the secretary of state’s office by a coalition of nonprofit community advocacy groups calling their cause People Not Politician­s.

Prepared by lawyer David Couch of Little Rock, the ballot-issue guru, the proposed amendment would wrest congressio­nal and state redistrict­ing power from legislator­s, the governor, the attorney general and the secretary of state. It would vest that power in a nine-member citizens committee composed of three Republican­s, three

Democrats and three others chosen from applicants screened by a panel of retired appellate and circuit judges appointed by the chief justice of the state Supreme Court.

The power would seem to reside in the three “others.”

Commission­ers couldn’t be officehold­ers or lobbyists or party officials or immediate relatives thereof.

The petitionin­g groups are Indivisibl­e of Little Rock and Central Arkansas, the Arkansas Public Policy Panel, the Urban League of Arkansas, the Citizens First Congress, Arkansas United, the Arkansas State Conference of the NAACP, the Arkansas Education Associatio­n, the League of Women Voters of Pulaski County, and Arkansans for a Unified Natural State.

Couch says this proposal is basically the same one he filed for the 2020 ballot when, if passed, would have applied to the decennial redistrict­ing just completed with such Republican flourish. The supportive groups collected well more than the required signatures only to have the Republican-inclined state Supreme Court toss the issue from the ballot on the most ticky-tack of technicali­ties. That basis was that a new state law later struck as unconstitu­tional required paid canvassers for signatures to have “passed” background checks. The profession­al canvassers for this amendment and a couple of other ballot initiative­s last year had attested they had “acquired” background checks.

Most background checks are simple reports that persons acquire. Reports don’t declare passage or failure. They tend to come back saying “nothing found,” instead of “congratula­tions, you passed.”

This time, hired canvassers chasing the valid signatures of the 89,151 registered voters in 15 counties will face different restrictio­ns pursuant to a newer law, Act 951 of 2021. They may not be from out-of-state and they may not have committed any of a number of listed crimes.

It will be harder now to collect signatures without trained out-of-state crews for hire. But at least canvasser disqualifi­cation will be based on searchable police records of clearly listed offenses rather than word trickery.

Meanwhile, in Washington, Democrats are pushing a voting-rights law they probably can’t pass that has a section making it expressly unlawful for states to engage in “gerrymande­ring” to redraw districts.

Gerrymande­ring can be in the eye of the beholder, but this provision would allow a judge to consider stark demographi­c and partisan changes that clearly enhance electoral prospects for one side or the other.

Current case law makes it difficult to allege general gerrymande­ring absent a clear splitting of minority voters raising racial discrimina­tion issues, such as surely we confront in Pulaski County.

The congressio­nal bill expressly permits—not that they are disallowed now—independen­t state citizens’ commission­s instead of politician­s for federal districtin­g.

It’s not unlawful to do redistrict­ing in a way that seeks to spare sitting state legislator­s from being put into new districts in which they’d have to run against each other. It’s just tacky for those legislator­s to lean on a governor, attorney general and secretary of state of their party to protect them.

An independen­t commission could consider incumbent protection but merely as a guideline based on establishe­d voter preference, not on partisan self-interest.

It would be better for political self-interest to be considered by an independen­t citizens’ panel divided among Republican­s, Democrats and others three ways, which reminds me again how Republican­s divided Pulaski County.

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