Hamilton Journal News

Court weighs contempt ruling for Ohio leaders in maps issue

Commission members in focus after multiple deadlines missed.

- By Jim Gaines Staff Writer

Will the Ohio Supreme Court find the state’s top officials in contempt of its orders?

That answer will depend in part on filings made Thursday by members of the Ohio Redistrict­ing Commission seeking to explain why justices shouldn’t – or should – issue a contempt ruling for commission­ers’ failure to approve new state House and Senate district maps by a May 6 deadline.

The commission voted 4-3 to resubmit a set of maps the court has already ruled unconstitu­tionally favors Republican­s. That led plaintiffs in two parallel cases before the court — League of Women Voters of Ohio v. Ohio Redistrict­ing Commission and Bria Bennett v. Ohio Redistrict­ing Commission — to ask justices to renew a contempt charge they had previously let slide.

The court ordered redistrict­ing commission­ers to share why they shouldn’t be held in contempt of an April 14 order to create a new set of maps for the fifth time.

The motion May 5 from state Sen. Rob McColley, R-Napoleon, a commission member, was to approve the already overturned maps “only for use in the 2022 election.”

“The temporal limitation on the use of Map 3 is an acknowledg­ment that another submission

of redistrict­ing maps will ultimately be made to this Court,” says a filing for Secretary of State Frank LaRose, a commission member and the state’s top election officer.

His filing says the commission resubmitte­d the old maps consistent with an expected federal court decision.

In a related federal case, Gonidakis v. LaRose, two members of a three-judge panel have said they will order use of the third map set in an Aug. 2 primary if state officials haven’t settled the issue by May 28.

LaRose’s filing notes that plaintiffs agreed April 20 was the deadline for choosing maps in order to meet legal deadlines for holding a state House and Senate primary Aug. 2. In a related news release Thursday, LaRose called plaintiffs’ continued opposition to the third map set “hypocrisy.”

Jen Miller, League of Women Voters of Ohio executive director, dismissed that argument as a distractio­n from the central issue.

“It’s unacceptab­le to run the clock out and then adopt a map that was already deemed unconstitu­tional by the Ohio Supreme Court,” she said Thursday. “What matters most is that voters have constituti­onal state House and state Senate districts, and the redistrict­ing commission failed to meet the expectatio­ns of the Ohio Supreme Court or to uphold the Ohio Constituti­on as approved by the voters in 2015.”

Yes and no

In their responses Thursday to the threat of a contempt charge, several of the five Republican commission members contended the court does not have authority to hold them in contempt, as map-drawing is a legislativ­e function. Plus, the commission­ers aren’t personally liable because the court’s orders were addressed to “the commission” instead of its individual members, they argued.

The commission’s two Democratic members, state Sen. Vernon Sykes of Akron and House Minority Leader Allison Russo of Upper Arlington, say they shouldn’t be held in contempt but Republican­s should. Sykes and Russo say they did all they could, repeatedly asking to hold more and earlier meetings and seeking the use of independen­t map-drawers as the court requested.

They charge that Republican­s deliberate­ly sabotaged the process for months, and say “strong actions” are needed to break that pattern.

“Contempt is a drastic remedy, especially against members of a constituti­onal body,” Sykes and Russo say in their filing. “But the Republican Commission­ers have so clearly violated their obligation­s, so clearly indicated they have no intention of complying with the Court’s orders, that Senator Sykes and Leader Russo see no other reasonable choice.”

They dismiss as “nonsense” the Republican­s’ claim that the commission could only readopt the already-rejected maps due to the need to hold a primary election Aug. 2.

The time crunch is of Republican­s’ own making by “squanderin­g” 20 days from the court’s previous order before meeting again, Sykes and Russo said.

Gov. Mike DeWine’s filing says that calls for contempt are “long on rhetoric and short on legal support.” He says the court can’t order the commission to do anything but adopt a new plan and can’t set rules for the process.

DeWine’s filing says he relied on LaRose’s assertion that wholly new maps could not be implemente­d in time for use on Aug. 2, and therefore “impossibil­ity of performanc­e excuses any personal liability.”

The joint filing for McColley and state Rep. Jeff LaRe, R-Violet Twp., says plaintiffs “mistake an electoral crisis as contempt.” They say readopting the third plan is not defiance of the court but an “act of necessity,” given the need to hold a primary Aug. 2.

McColley and LaRe further complained that the court’s orders were “ambiguous and subject to multiple interpreta­tions.”

They only joined the commission May 4, replacing Senate President Matt Huffman, R-Lima, and House Speaker Bob Cupp, R-Lima. LaRe also took over Cupp’s seat as commission co-chair with Sykes.

The filing for Auditor Keith Faber said plaintiffs in the case really want a contempt finding against commission­ers because the commission didn’t adopt plaintiffs’ “preferred map.”

“This all is just too far beyond what this Court can and should do,” it says.

Faber says he tried to comply with the court’s orders, seeking more meetings of the commission and voting against resubmitti­ng the third map plan.

The road to here

State legislativ­e district maps have been in dispute for eight months. Each set of maps the commission passed since September faced immediate legal challenge from progressiv­e and voting-rights groups, and the Ohio Supreme Court repeatedly agreed, holding 4-3 that each set of maps was unconstitu­tional.

All maps the commission approved were drawn by Republican staff and consultant­s and supported only by Republican commission members. The two Democratic members have repeatedly complained they were frozen out of negotiatio­ns and didn’t see maps until shortly before a vote was called. No Republican members have supported any map proposals endorsed by Democrats.

Following their rejection March 16 of the third set of maps, Ohio Supreme Court justices told commission­ers to hire outside help for their fourth attempt. The commission hired independen­t map-drawers Douglas Johnson and Michael McDonald, who hadn’t quite finished their work on the afternoon of March 28, the court’s previous deadline. Four Republican commission­ers voted at that time to ignore Johnson’s and McDonald’s work, instead passing a slightly altered version of the third set of maps, which the court duly rejected on the same grounds as previous iterations: unfairly favoring Republican­s.

The court has held out for the standard of proportion­ality, meaning that legislativ­e district maps should conform fairly closely to the state’s actual partisan lean of 54% Republican and 46% Democratic. Currently Republican­s hold a supermajor­ity in both the state House and Senate, and all Republican-approved map proposals would likely preserve outsized Republican majorities.

At the May 4 hearing LaRose gave a lengthy explanatio­n for why only the third maps can now be used. Any new maps would come too late for county boards of election to use in an Aug. 2 primary, but most of those boards had already begun implementi­ng the third map set before the court overturned it; and so those maps could be used more quickly, he said.

Use of any newly-created maps would require state legislativ­e action to alter some pre-election deadlines, and Republican legislativ­e leaders told him they couldn’t guarantee enough votes for that, LaRose said.

Newspapers in English

Newspapers from United States