Federal judge redraws boundaries of three legislative districts
Posted: Saturday, August 20, 2005
PIERRE, S.D. (AP) -- A federal judge has redrawn the boundaries of three legislative districts to replace the Legislature's own plan, which the judge ruled last year violated the voting rights of American Indians.
U.S. District Judge Karen Schreier of Rapid City issued an order redrawing districts that include the Pine Ridge and Rosebud Indian reservations. The new plan, suggested by the American Civil Liberties Union, gives Indian voters a chance to elect an additional member of the Legislature, she said.
South Dakota Attorney General Larry Long said Schreier's ruling moves the state closer to being able to appeal the judge's original ruling that threw out the redistricting plan approved by the 2001 Legislature. A possible requirement that the U.S. Justice Department review the judge's districting plan may delay the timing of an appeal, he said.
Legislative leaders last month refused to redraw the district boundaries, saying they believe the redistricting plan they approved four years ago is best for the area. That left it up to Schreier to draw new districts to replace those she had previously struck down.
For many years, the Rosebud reservation and the main part of the Pine Ridge reservation have formed a district with a population that is nearly 90 percent Indian. The judge's plan puts the two reservations in separate districts.
An ACLU lawyer said Schreier's redrawing of the district boundaries is a victory for Indians and non-Indians because it reaffirms the importance of fairness at the ballot box.
"The legislative districts that the court has drawn will keep communities together, giving Indian voters the opportunity to elect representatives who share their interests, values and concerns," ACLU attorney Bryan Sells said in a written statement.
"When citizens have confidence that their vote counts and that their voices will be heard, then democracy works better for everyone," Sells said.
Schreier last year ruled that the Legislature's 2001 redistricting plan illegally packed too many Indians into District 27, which has included the Rosebud and the main part of the Pine Ridge reservations. Nearly 90 percent of those living in the district, which covers Shannon and Todd counties and a connecting strip across southern Bennett County, are Indians.
The ACLU, representing four Indians who sued the state, said boundaries of District 27 and adjoining District 26 should be changed. That could result in another Indian candidate gaining a House seat in District 26, which previously has included Haakon, Jackson, Jones, Lyman, Mellette and Tripp counties and a part of Bennett County.
Under the plan approved by the judge, the new District 27 would include Shannon, Bennett, Jackson and Haakon counties. That includes all of the Pine Ridge reservation and all of the Oglala Sioux Tribe's off-reservation trust lands, and Indians would make up nearly 66 percent of the voting-age population, Schreier said.
The new District 26 would include Todd, Mellette, Tripp and Gregory counties, which would cover the entire Rosebud reservation and nearly all the Rosebud Sioux Tribe's off-reservation land.
Nearly all of South Dakota's 35 legislative districts elect one senator and two House members at-large. District 26 would be split into two single-member House districts, each of which would elect its own representative.
The single-member House district in Todd and Mellette counties would have a chance to elect a candidate preferred by Indians because nearly 75 percent of its voting-age population would be Indian.
The changes in Districts 26 and 27 also required changes in adjoining District 21 to make the district populations nearly equal, Schreier said.
District 21 until now has covered Charles Mix, Gregory, Brule and Buffalo counties. The new district drawn by the judge would include Jones, Lyman, Buffalo, Brule and Charles Mix counties.
After Schreier struck down the Legislature's redistricting plan last year, she asked the South Dakota Supreme Court to determine whether the Legislature has constitutional authority to fix the redistricting plan in response to her ruling.
The high court in June ruled that the Legislature does have authority to redraw district boundaries after a court decision, but the Legislature's Executive Board then voted not to submit a new redistricting plan.
Legislative leaders said they stood by the plan they passed in 2001 and wanted to ask a federal appeals court to overrule Schreier.
Long said state lawyers on Friday were trying to determine whether Schreier's redistricting plan would have to be submitted to the U.S. Justice Department for clearance. Judges have ruled that any change in state election laws that effect the Rosebud and Pine Ridge reservations must be pre-cleared by the Justice Department.
Long said the process of gaining the Justice Department's review might have an impact on when the state would be able to appeal Schreier's ruling to the 8th U.S. Circuit Court of Appeals.
U.S. District Judge Karen Schreier of Rapid City issued an order redrawing districts that include the Pine Ridge and Rosebud Indian reservations. The new plan, suggested by the American Civil Liberties Union, gives Indian voters a chance to elect an additional member of the Legislature, she said.
South Dakota Attorney General Larry Long said Schreier's ruling moves the state closer to being able to appeal the judge's original ruling that threw out the redistricting plan approved by the 2001 Legislature. A possible requirement that the U.S. Justice Department review the judge's districting plan may delay the timing of an appeal, he said.
Legislative leaders last month refused to redraw the district boundaries, saying they believe the redistricting plan they approved four years ago is best for the area. That left it up to Schreier to draw new districts to replace those she had previously struck down.
For many years, the Rosebud reservation and the main part of the Pine Ridge reservation have formed a district with a population that is nearly 90 percent Indian. The judge's plan puts the two reservations in separate districts.
An ACLU lawyer said Schreier's redrawing of the district boundaries is a victory for Indians and non-Indians because it reaffirms the importance of fairness at the ballot box.
"The legislative districts that the court has drawn will keep communities together, giving Indian voters the opportunity to elect representatives who share their interests, values and concerns," ACLU attorney Bryan Sells said in a written statement.
"When citizens have confidence that their vote counts and that their voices will be heard, then democracy works better for everyone," Sells said.
Schreier last year ruled that the Legislature's 2001 redistricting plan illegally packed too many Indians into District 27, which has included the Rosebud and the main part of the Pine Ridge reservations. Nearly 90 percent of those living in the district, which covers Shannon and Todd counties and a connecting strip across southern Bennett County, are Indians.
The ACLU, representing four Indians who sued the state, said boundaries of District 27 and adjoining District 26 should be changed. That could result in another Indian candidate gaining a House seat in District 26, which previously has included Haakon, Jackson, Jones, Lyman, Mellette and Tripp counties and a part of Bennett County.
Under the plan approved by the judge, the new District 27 would include Shannon, Bennett, Jackson and Haakon counties. That includes all of the Pine Ridge reservation and all of the Oglala Sioux Tribe's off-reservation trust lands, and Indians would make up nearly 66 percent of the voting-age population, Schreier said.
The new District 26 would include Todd, Mellette, Tripp and Gregory counties, which would cover the entire Rosebud reservation and nearly all the Rosebud Sioux Tribe's off-reservation land.
Nearly all of South Dakota's 35 legislative districts elect one senator and two House members at-large. District 26 would be split into two single-member House districts, each of which would elect its own representative.
The single-member House district in Todd and Mellette counties would have a chance to elect a candidate preferred by Indians because nearly 75 percent of its voting-age population would be Indian.
The changes in Districts 26 and 27 also required changes in adjoining District 21 to make the district populations nearly equal, Schreier said.
District 21 until now has covered Charles Mix, Gregory, Brule and Buffalo counties. The new district drawn by the judge would include Jones, Lyman, Buffalo, Brule and Charles Mix counties.
After Schreier struck down the Legislature's redistricting plan last year, she asked the South Dakota Supreme Court to determine whether the Legislature has constitutional authority to fix the redistricting plan in response to her ruling.
The high court in June ruled that the Legislature does have authority to redraw district boundaries after a court decision, but the Legislature's Executive Board then voted not to submit a new redistricting plan.
Legislative leaders said they stood by the plan they passed in 2001 and wanted to ask a federal appeals court to overrule Schreier.
Long said state lawyers on Friday were trying to determine whether Schreier's redistricting plan would have to be submitted to the U.S. Justice Department for clearance. Judges have ruled that any change in state election laws that effect the Rosebud and Pine Ridge reservations must be pre-cleared by the Justice Department.
Long said the process of gaining the Justice Department's review might have an impact on when the state would be able to appeal Schreier's ruling to the 8th U.S. Circuit Court of Appeals.
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