AK Redistricting: The Valdez Challenge Part 1 - #s 5, 4, and 1- How Do You Solve A Problem Like Valdez?

I've been taking notes and trying to figure out how to post about this in a way that gets the point across, without putting everyone to sleep.  But that, of course, assumes I know the point.  Sunday, I came up with this overview of my dilemma.

This chart is more or less in the order I tackled the problem.  But at this point it seems to make more sense to start with 5 and go backwards.  [I've since decided to add #1 at the end of this post.] 

NUMBER 5:  Probably the easiest for me and for the reader is to start with number 5.  

This is what's been playing in my head for a while and I think it's apt:

"How do you solve a problem like Maria,  How do you catch a cloud and pin it down"

So you can listen to this song as you read this:

Valdez has about 4000 people.  There are no other similar population centers anywhere near Valdez. The closest population centers are Anchorage, Mat-Su, and Fairbanks - but they aren't very close.  Southeast Alaska has four districts worth of population.  It basically has to go up from the south because the southern and eastern borders are Canada.  The western border is the Pacific Ocean.  I've thought they could use Prince Rupert, but, of course, they can't.  

Valdez has been paired with Mat-Su and it's been paired with the Richardson Highway up almost to Fairbanks.  Essentially, Valdez is the thorn in redistricting boards' side.  It's essentially a white oil community connected by water to fishing communities and by land to some areas with more Alaska Natives.  

So lets go to #4 and look at maps.

NUMBER 4:  Where is Valdez now and where did the different proposed maps put Valdez?

First, let's look at the current district that includes Valdez - from the 2013 Proclamation plan. [Not interactive.] I've circled Valdez in red - bottom, middle right.  The district goes to Whittier in Prince William Sound, includes the Richardson Highway communities along the pipeline (Valdez is the terminus of the Alaska pipeline) almost up to Fairbanks and also goes into Mat-Su. 

Click on image to enlarge

Second, let's look at the 2021 Proclamation map for Valdez - in D 29.  The link will let you look at the map in greater detail.  This is the map that Valdez is protesting. 

District 29-O does NOT include the Richardson Highway, nor does it go anywhere near Fairbanks or the other communities along the pipeline.  Instead it goes deep into Mat-Su, smack up against Palmer and Wasilla.  But in this district, since the Richardson Highway is mostly in the neighboring district, people in Wasilla driving to the Matsu part of their district have to travel out of D-29 on the Richardson Highway.  Below you can see how Route 4 - the Richardson Highway - is in the tan colored district (36-R), the district the Valdez folks want to be in.  Not only is Valdez in a different House district, but also a different Senate district.  If you look at the map on the Board's website, you can see that for the most part the Highway is in District 36-R.  (If it weren't, then the people in 36-R would have to leave their district to travel to other communities in their district.  But this raises questions of contiguity, a Constitutional requirement for districts.  

Third, AFFER and Senate Minority Plans put Valdez with Kodiak and goes into the Lake and Peninsula Borough, bordering Anchorage from the west and Mat-Su from the west and south.  These two maps are very similar - I can only see some differences around the Homer area.  This is probably not surprising because the architects of these maps - Randy Ruedrich and Tom Begich - have been doing this for years and this reflects a similar current district that connects Cordova to Kodiak. (But does not include Valdez.)

Fourth, we have the Doyon Coalition map.  They've put Prince William Sound all together in one district - with Cordova and Whittier.  But it cuts Valdez from the Richardson Highway communities the lawsuit says they belong with, and also takes the district to the edge of Palmer in Mat-Su.  But this looks like the most compact district.  The Coalition wants to keep various Native Corporation villages in the same districts.  

Fifth, we have the AFFR map.  This puts Valdez in a sprawling district that does keep them connected with the Richardson Highway communities, almost into Fairbanks, around Fairbanks, and also gets them into Mat-Su near Palmer.  But the few people who mentioned specific maps at the Valdez hearing said they preferred this map.  

Finally, we have a map - Valdez Option 1 - that is attached to the lawsuit - which Valdez is proposing.

It connects Valdez with Prince William Sound communities of Cordova and Whittier and goes up along the Richardson Highway.  But it would also require the Board to make a LOT of changes to other districts and there will be complaints from the Doyon Coalition among others I'm sure.

So this should give you something to chew on.  I've put links to the Board's interactive maps for each of these maps so you can see the details if you wish.  

I'm also going to skip to #1 - an outline of the Valdez legal challenge, with my additions in blue.  Part 2 will be #3 and #2.  

NUMBER 1:  OUTLINE OF VALDEZ COURT FILINGS   

I've condensed the filings and added (in blue)  some of the things they've cited or notes you I thought would help

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA THIRD JUDICIAL DISTRICT AT VALDEZ

1.   On November 10, 2021, the Alaska Redistricting Board (“Board”), pursuant to its constitutional authority under Article VI of the Alaska Constitution, promulgated a new redistricting plan to govern legislative elections in Alaska for the next decade. This plan places Valdez into House and Senate Districts in violation of 
1. The Open Meetings Act, 
2. Article VI, Sections 6 and 10 of the Alaska Constitution, and 
3. the equal protection and 
4. due process clauses of the Alaska Constitution. 
5. This Complaint seeks 
1. judicial review of the Board’s redistricting plan and 
2. an order invalidating that plan and 
3. requiring the Board to redraw the districts in accordance with the Alaska Constitution

PARTIES

2-11 - City of Valdez, and Mark Detter, a resident of Valdez, 

The Board and each member.

JURISDICTION AND VENUE

12-13

ALLEGATIONS

14- 42  There are almost 30 allegations here.  It would have been more helpful if these were better tied to the Five Claims at the end.  One has to go through these 28 allegations and match them to the claims.  I’ll try.  

First Claim - Violation of the Open Meetings Act

43-48     http://www.touchngo.com/lglcntr/akstats/statutes/title44/chapter62/section310.htm  Gets you to Open Meetings Act - not long, but too much to add it all here

43. Paragraphs 1 through 42 are incorporated as if fully set forth herein.   

44. The Board, as a governmental body of a public entity of the state, is subject to the requirements of AS 44.62.310-320 (“Opening Meetings Act”). The deliberations and decisions of the Board are activities covered by the Open Meetings Act.

45. Upon information and belief, the Board has violated the Open Meetings Act in the following ways:

(a) It conducted deliberations in secret. 

(b) It failed to properly conduct votes.

(c) It conducted a serial meeting.

(d) It withheld documents from the public that were used in formulating the final redistricting plan.

(e) It failed to clearly and with specificity state the subject(s) of each executive session or its reasons for addressing the subject(s) in executive session.

46. Plaintiffs and others have been harmed by these violations.

47. As a result of these violations, the actions of the Board resulting in adoption of the final redistricting plan including senate pairings, should be voided.

48. The Board’s proclamation of redistricting should similarly be voided, as it was based solely upon the redistricting plan.

Second Claim - Violation of Article VI, Section 6

49 - 55

§ 6. District Boundaries

The Redistricting Board shall establish the size and area of house districts, subject to the limitations of this article. Each house district shall be formed of contiguous and compact territory containing as nearly as practicable a relatively integrated socio-economic area. Each shall contain a population as near as practicable to the quotient obtained by dividing the population of the state by forty. Each senate district shall be composed as near as practicable of two contiguous house districts. Consideration may be given to local government boundaries. Drainage and other geographic features shall be used in describing boundaries wherever possible.

Third Claim - Violation of Article VI, Section 10

56 - 59  

(a) Within thirty days after the official reporting of the decennial census of the United States or thirty days after being duly appointed, whichever occurs last, the board shall adopt one or more proposed redistricting plans. The board shall hold public hearings on the proposed plan, or, if no single proposed plan is agreed on, on all plans proposed by the board. No later than ninety days after the board has been appointed and the official reporting of the decennial census of the United States, the board shall adopt a final redistricting plan and issue a proclamation of redistricting. The final plan shall set out boundaries of house and senate districts and shall be effective for the election of members of the legislature until after the official reporting of the next decennial census of the United States.

(b) Adoption of a final redistricting plan shall require the affirmative votes of three members of the Redistricting Board. [Amended 1998]

Fourth Claim - Violation of Article I, Section 1 (Equal Protection)

60-62

§ 1. Inherent Rights

This constitution is dedicated to the principles that all persons have a natural right to life, liberty, the pursuit of happiness, and the enjoyment of the rewards of their own industry; that all persons are equal and entitled to equal rights, opportunities, and protection under the law; and that all persons have corresponding obligations to the people and to the State.

Fifth Claim - Violation of Article I, Section 7 (Due Process)

64 - 68

§ 7. Due Process

No person shall be deprived of life, liberty, or property, without due process of law. The right of all persons to fair and just treatment in the course of legislative and executive investigations shall not be infringed.

RELIEF

WHEREFORE, Plaintiffs pray that this Court:
1. Enter a judgment declaring the Board’s redistricting plan promulgated pursuant to the proclamation dated November 10, 2021, to be in violation of the Open Meetings Act, Article VI, Sections 6 and 10 of the Alaska Constitution, and the equal protection clause and the due process clause of the Alaska Constitution; 

2. Enter a judgment declaring the Board’s redistricting plan promulgated pursuant to the proclamation dated November 10, 2021, to be null and void; 

3. Enter an order enjoining the State Division of Elections and the State of Alaska from conducting any primary or general election for state legislative office under the Board’s redistricting plan, or otherwise taking any step to implement the plan; 

4. Enter an order requiring the Board to promulgate a new redistricting plan consistent with the requirements of the Alaska Constitution or, in the alternative, enter an order correcting errors in the Board’s redistricting plan;
5. Enter an order declaring Plaintiffs to be public interest litigants as constitutional claimants and awarding costs and attorney’s fees;
6. Enter an order for such other and further relief as may be just and reasonable. DATED this 10th day of December, 2021. 

BRENA, BELL & WALKER, P.C. Attorneys for Plaintiffs 

By
Robin O. Brena, ABA No. 8511130 Jake W. Staser, ABA No 1111089 Laura S. Gould, ABA No. 0310042