Federal court decides to not interfere with legislative map redistricting, yet

Federal court decides to not interfere with legislative map redistricting, yet

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COLUMBUS, Ohio — A three-judge federal court panel from the U.S. District Court for the Southern District of Ohio said it would not intervene in the state’s legislative redistricting process, at least for another month.

The federal court announced Wednesday it would “stay our hand until May 28.”


What You Need To Know

  • A three-judge federal court panel from the U.S. District Court for the Southern District of Ohio said it would not intervene in the state’s legislative redistricting process
  • The federal court announced Wednesday it would remain uninvolved until May 28
  • If the state does not come up with a resolution by then, the federal courts will order the Ohio General Assembly primary to be Aug. 2
  • The court said if it must intervene, it will implement “Map 3,” which was declared unconstitutional by the Ohio Supreme Court

If the state does not come up with a resolution by then, the federal courts will order the Ohio General Assembly primary to be Aug. 2.

The court declined to order the implementation of a map “until the last possible day, which we find to be May 28, 2022.”

“Map 3″ is the map we will order to be implemented on May 28, for the 2022 election cycle only, if Ohio does not approve a lawful map before then,” the court said in its decision.

“Map 3” is the third set of maps adopted by the Ohio Redistricting Commission, but not the latest maps.

Republicans on the Ohio Redistricting Commission said the third maps favor the GOP in at least 54 House districts and 18 Senate districts, which lines up with how Ohioans have voted in statewide elections over the last 10 years.

However, Democrats, advocates and a majority of the justices on the Ohio Supreme Court said there is not a fair balance of competitive districts. 

U.S. District Court Southern District of Ohio Chief Judge Algenon L. Marbley, who was appointed by former President Bill Clinton, agreed with his counterparts on staying from intervening in the process yet, but dissented on the remedy.

“Ohioans have every right to be alarmed,” said Marbley. “They voted overwhelmingly to end the hyperpartisan redistricting process that yielded the 2010 maps, but the practical effect of the majority opinion is to set aside their command of fair representation.”

The panel, which also included U.S. Sixth Circuit Court of Appeals Judge Amul R. Thapar and U.S. Western District of Kentucky Judge Benjamin J. Beaton, both appointed by former President Donald Trump, said it was following the proper delegation of power.

“Ohio’s voters put the pen in the Commission’s hands,” the decision said. “Only they are authorized by Ohio’s constitutional charter to draft an electoral map. By picking Map 3, we come closest to respecting that delegation of power.”

The fourth set of maps adopted by the Ohio Redistricting Commission were also ruled unconstitutional by the Ohio Supreme Court last week.

Since then, the General Assembly has not set a primary date for Ohio House and Senate candidates nor has the commission reconvened for a fifth time.

The Ohio Supreme Court has given the commission until May 6 to adopt new legislative maps.

Ohio House Minority Leader and redistricting commission member Allison Russo, D-Upper Arlington, said she is ready to create maps at the state level as directed by the Ohio Supreme Court.

“Tonight, the federal court showed that they do not appreciate the Republican commissioners passing the buck,” said Russo “The federal court gave us another six weeks to draw state legislative maps. Meanwhile, the state Supreme Court directed us to produce constitutional maps by May 6. We have work to do, and we need to start now. We have the time, resources, and ability to do this right. We will not quit. We will never stop fighting for Ohioans’ freedom to vote in fair districts.”

The decision from the court came after a group of Republican voters asked the federal court to force the state to use previous maps that were rejected by the Ohio Supreme Court because they unfairly favored the GOP.​​

Donald Brey, attorney for Mike Gonidakis who is the plaintiff and also president of Ohio Right to Life, released a statement after the announcement.

“The decision defers to state authorities as fully as it can without impairing voting rights,” Brey said. “Plaintiffs are pleased that one way or the other, they and all other Ohio voters will have the ability to vote for the general assembly candidate of their choice.”

Meanwhile, Ohio Senate Minority Leader Kenny Yuko, D-Richmond Heights, shared a disappointed sentiment.

“Unfortunately, it appears that the federal court has undermined the constitutional reforms Ohioans overwhelmingly passed in 2015 to end gerrymandering,” Yuko said. “I hope the commission will get back to work – and this time, get it right. It’s time to give voters the fair maps they’ve demanded, not settle for maps that have already been ruled unconstitutional.”

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