Lawmakers face questioning in redistricting lawsuit

TALLAHASSEE — A Leon County circuit judge has ruled that key state lawmakers and a top aide to Gov. Ron DeSantis can be questioned about a congressional redistricting plan that’s being challenged in court.

Judge J. Lee Marsh, in two rulings dated Thursday, cleared the way for depositions of six lawmakers, five current and former legislative staff members and J. Alex Kelly, a deputy chief of staff to DeSantis. He also ordered the DeSantis administration to provide documents sought by plaintiffs challenging the redistricting plan, though he will privately review them to determine whether they should be shielded.

The House, Senate and the DeSantis administration had sought protective orders to prevent the depositions and disclosure of documents.

The lawsuit alleges that the redistricting plan violates a 2010 Fair Districts constitutional amendment that set guidelines for reapportionment.

The Republican-controlled Legislature passed the congressional redistricting plan after it was proposed by DeSantis. Opponents, including groups such as the League of Women Voters of Florida, filed the lawsuit in April.

The plan is expected to increase the number of Republicans in Florida’s congressional delegation, with the GOP possibly picking up four seats in the Nov. 8 election to outnumber Democrats by 20 to eight, according to analyses of past voting trends.

The rulings placed some limits on questions that the lawmakers, staff members and Kelly can face.

“The appropriate line in this case is where the doors to the House and Senate meet the outside world,” Marsh wrote in the decision involving lawmakers. “Accordingly, each legislator and legislative staff member may be questioned regarding any matter already part of the public record and information received from anyone not elected to the Legislature, their direct staff members or the staff of the legislative bodies themselves. They may not be questioned as to information internal to each legislative body that is not already public record (e.g., their thoughts or opinions or those of other legislators.)”

The case focuses heavily on Congressional District 5, which in recent years stretched from Jacksonville to west of Tallahassee and elected U.S. Rep. Al Lawson, a Black Democrat. The plan put District 5 in the Jacksonville area and diminished the chances that it will elect a black candidate. Lawson this year is running in another North Florida district against Republican U.S. Rep. Neal Dunn.

Kelly was a point man for DeSantis on the redistricting issue. Also, attorneys for the plaintiffs want to question House Speaker Chris Sprowls, R-Palm Harbor; Senate Reapportionment Chairman Ray Rodrigues, R-Estero; Sen. Aaron Bean, a Fernandina Beach Republican who is a top lieutenant to Senate President Wilton Simpson and is running for Congress this year; Senate Congressional Reapportionment Chairwoman Jennifer Bradley, R-Fleming Island; House Redistricting Chairman Tom Leek, R-Ormond Beach; and House Congressional Redistricting Chairman Tyler Sirois, R-Merritt Island.

In addition, they want depositions of current and former legislative staff members including House Chief of Staff Mat Bahl.