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Wednesday, July 17, 2013

Ind. Gov't. - More on "Judicial panel strikes down Indianapolis City-County Council redistricting plan"

Here now is the July 17, 23-page, 3-2 opinion of the 5-judge panel in Lewis v. Sullivan. The majority concludes:

The Court hereby GRANTS Plaintiffs' Motion for Partial Summary Judgment and DENIES Intervening Defendant's Motion for Summary Judgment finding that General Ordinance 61 did not comply with the Redistricting Statute.

General Ordinance 61 was a permissive redistricting as it did not comply with the timing requirements for mandatory redistricting in the Redistricting Statute. Because no ordinance with a plan for mandatory redistricting was signed into law, this Court has jurisdiction to redraw the district boundaries in a nonpartisan manner pursuant to Ind. Code ยง 36-3-4-3(d).

IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED by the Court that Plaintiffs' Motion for Partial Summary Judgment is hereby GRANTED and that Intervening Defendant's Motion for Summary Judgment is hereby DENIED. The Court will issue a subsequent order defining the steps to redraw the district boundaries using the factors set forth by the Indiana Supreme Court.

The dissent begins:
General Ordinance 61, 2011 was validly passed into law under Indiana Code 36-3-4-3 when Mayor Ballard signed it on 17 January 1,2012. Therefore, this Court lacks jurisdiction to consider and detennine this redistricting dispute.
Jon Murray's finalized story for the IndyStar is here.

Posted by Marcia Oddi on July 17, 2013 11:24 AM
Posted to Indiana Government