Verdict Could Bring Enduring Consequences for Redistricting

Under The Hood

A federal judge put to rest any hope of course correction on Sarasota County’s misguided redistricting process ahead of the 2020 elections and U.S. Census. The decision to dismiss the case didn’t come as a total shock — there always seemed the possibility courts could decide Sarasota County Commissioners can do whatever they want with county lines. But the verdict stings not just for the consequences this year but because it clears funny business in the future.

Judge William Jung’s ruling could be summed up in one line on page one: “Race was not the predominant motive for this redistricting.” Those words prompted Republican Party of Sarasota Acting Chair Jack Brill to declare the ruling as proof any “accusation of racism in the redistricting was always spurious.”

It’s important to note, however, that Jung didn’t say racism was not a factor— just that it wasn’t the chief reason for the actions. A closer read of his full ruling shows he also didn’t think the sole reason for redistricting was the one cited by the party and county commissioners ad nauseam, namely the balancing of populations.

Rather, he cited a variety of other motivations at play, ones county commissioners at various points denied were considered. Developer interests. Undermining single-member districts. All won mention from Jung. So did the clearest reason for redrawing the map, incumbent protection.

That’s interesting considering County Commissioner Nancy Detert stated at hearings more than once that it would be illegal for the commission to draw lines to benefit or harm an incumbent. She cited language from a Fair Districts amendment that governed the Florida Legislature when they tried (unsuccessfully) to draw districts that could withstand court scrutiny. It seemed questionable that the amendment would govern county reapportionment, but also surprising Detert would cite the words when activists accused the commission of embarking on the entire enterprise purely for the sake of protecting Republican commissioners from Democratic constituencies created by single-member voting.

But not only did Jung say it was fine for commissioners to redistrict with incumbent protect on their mind, he pointed at evidence that’s what happened.

County commissioners ultimately had a map drawn based on an “anonymous” submission from former Republican Party of Sarasota chairman Bob Waechter. The Newtown activists who challenged the map in court, including Fredd Atkins, a County Commission candidate drawn out of a district in which he already filed, always hoped the judge would see the extraction of Newtown from a Democratic district as an effort to disenfranchise black voters.

I’ve written before about Waechter’s stunning deposition in the case, where he admitted he drew his map with voter registration data instead of population estimates, where he destroyed his hard drive before anyone subpoenaed its contents, and where he said he submitted the map the last day possible using a pseudonym he’d hidden behind before. But he maintained in that deposition race wasn’t his reason for picking on Newtown voters. He was aware, though, that those precincts leaned heavily Democrat.

"There is simply no record evidence that the main driver of this was skin color, rather than simple political gerrymandering and “hardball” partisan incumbent protection,” Jung wrote.

This was gerrymandering. It was incumbent protection. The courts recognize that. It just was also legal.

This should frighten people for what happens in 2020. For when Census data comes out, there will be every reason for County Commissioners to redraw districts again. It seems a rational prediction that Newtown could be kicked out of districts represented by Republicans ahead of every single election cycle. Perhaps being disenfranchised from several elections in row will finally make a case for racial prejudice.

Jacob Ogles is contributing senior editor for SRQ MEDIA.

 

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