Judge Matthews Affirms Partisan Gerrymandering And Declares Option 2 The Map for 2022 Elections

The judge said the opinions would be ready by Monday and he just barely made it.  I got it from them from the Most Requested Cases just after midnight.  I'd just gone to bed when I check once again.  Rather than blog at that point I put up a couple of Tweets to let people know the decision.  

Here's the opening paragraph of the decision:

"ORDER RE GIRDWOOD CHALLENGE TO AMENDED PLAN

This is the second time this year that this Court has been called upon to determine whether the Alaska Redistricting Board fulfilled its constitutional responsibility in drawing the Senate map for Anchorage voters. After this Court found the Board failed in its first attempt, the Alaska Supreme Court confirmed the board had engaged in partisan gerrymandering. Following remand to the Board, a new map was drawn. This time, the process occurred mostly in public. But the Amended Plan still provides Eagle River with effective control of two senate seats. Girdwood Plaintiffs have challenged the map claiming it still amounts to a partisan gerrymander. This Court agrees."

Here's the ending:

"The Court has the power, by mandamus,255 to order the Board to correct any error in redistricting.256 The only practical solution is for this Court to order the Board to adopt a map of senate pairings. Having determined that Option 3B was an unconstitutional political gerrymander, the Court orders the Board to adopt Option 2 on an interim basis for the 2022 general election. With the time pressure of the impending deadline removed, the matter should then be remanded once again to the Board to correct its constitutional error and adopt a new plan of redistricting for the balance of the decade.

This Court anticipates and encourages immediate appellate review of this decision by the Alaska Supreme Court. Accordingly, unless this Order is stayed by the Alaska Supreme Court, the Board shall prepare a Second Amended Proclamation incorporating the proposed senate pairings in Option 2 not later than May 23, 2022.

IT IS SO ORDERED.

DATED at Anchorage, Alaska this 16 day of May, 2022".

NOTE:  I'm using the House district numbers of the November Plan.

Basically, the judge agreed there was still partisan gerrymandering and and ordered the Board to adopt Option 2 as the map for the 2022 general election.  (Candidates have until June 1, 2022 to declare their candidacy.)  This only affects about five or six Anchorage Senate seats. The result of going with Option 2 is this:

The two Eagle River House seats are paired into one Senate seat. (D22 and D24)

The JBER/Govt Hill seat (D23) will be paired with Downtown (D17)  

D18 (which had been paired with Downtown (D17) is now paired with D19 

D14 (had been paired with D19) is now paired with D13

The south Anchorage Hillside district 9 will be paired again with district 10 which goes along the coastal areas of south Anchorage.  

Here's the Anchorage map for Option 2.  Key districts affected

You can see the Option 2 and Option 3B maps here.

The judge expected an appeal to the Supreme Court, and according to Matt Buxton, the Board filed one today.  I haven't been able to find a copy on line.  I can see the motion on this page, but there's no link to get to it.

Meanwhile the Supreme Court has posted an initial schedule.  

" In the Supreme Court of the State of AlaskaIn the Matter of the 2021Redistricting Cases (Alaska Redistricting Board/GirdwoodPlaintiffs/East Anchorage Plaintiffs)

Supreme Court No. S-18419 Order Appellate Rule 216.5(h) Date of Order: May 17, 2022

 The court has been advised that the superior court has issued its rulings following this court’s March 25, 2022 remand. The court also has been advised by the Alaska Redistricting Board that it intends to seek our review on an expedited basis. Fo refficiency and expediency, IT IS ORDERED:

1.  A file has been opened with the above-referenced case caption andsupreme court case number. The necessity for payment of filingfees is WAIVED. 

2.  Petitions for review of the superior court’s May 16, 2022 rulings aredue by Wednesday, March sic] 18, 2022, at 5:00 p.m. Responses topetitions are due by Friday, March [sic]  20, 2022, at 5:00 p.m.

3.  Petitions and responses may not exceed 35 pages and shall besubmitted in memorandum format. The pleadings must comply withAppellate 

in memorandum format. The pleadings must comply withAppellate Rule 513.5. Amicus curiae, if any, may file amemorandum not to exceed 20 pages.

4.Although Appellate Rule 210 normally does not apply to petitionsfor review, the parties must submit excerpts of record in accordancewith Appellate Rule 210(c).ITMO 2021 Redistricting Cases Supreme Court No. S-18419 Order of May 17, 2022 Page 2 

5.Parties must submit all documents filed with the court electronicallyin PDF format to pleadings@akcourts.gov. In addition, six courtesycopies of petitions and responses should be delivered to theAppellate Clerk’s Office on the Fourth Floor of the BoneyCourthouse located at 303 K Street, Anchorage, AK 99501.

6.The service requirements of Appellate Rule 216.5(k) are relaxed to allow filing and delivery of documents by electronic mail. 

7.Justice Maassen and Justice Carney will not be participating in thismatter. 

Entered at the direction of an individual justice.Clerk of the Appellate Courts ________________________________ Ryan Montgomery-Sythe,  Chief Deputy Clerk"