This afternoon, the combined Chambers of the Arizona Legislature filed a lawsuit against the Arizona Independent Redistricting Commission (IRC).
The suit, filed in the U.S. District Court of Arizona, seeks to restore Arizona’s legislative control over the decennial Congressional redistricting process after the 2012 congressional elections. The required role of State Legislatures is outlined in Article I, Section 4, clause 1 of the U.S. Constitution which states, “The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof.” The decision to launch the lawsuit was reached by a majority vote in both the House and Senate.
House Speaker Andy Tobin (R-Dist 1) stated, “Today, the Legislature is asking the federal courts to bring the constitutional redistricting process back to Arizona’s elected representatives. The Constitution entrusts the regulation of federal elections, including the drawing of congressional districts, solely to the legislatures of the states.”
The Legislature requested the “Court to a) declare that Proposition 106 is unconstitutional to the extent it removes congressional redistricting authority from the Legislature, and b) enjoin the Defendants from enforcing or implementing any congressional redistricting plan from the IRC beginning the day after the 2012 congressional election is held in Arizona.”
The Legislature is seeking permanent injunctive relief. However, “it does not seek immediate relief as to the 2012 congressional election because the current IRC plan has already been certified and the 2012 election cycle is already well underway.”
The Senate President agreed, “In 2000, Proposition 106 rode a wave of special-interest money to take congressional redistricting away from the People’s elected representatives and give it to an unelected and unaccountable commission. The Founders would never have stood for this. It’s time to return to the plain command of the United States Constitution.”