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Journal editorial, 7-15: Redistricting the right way
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South Dakota lawmakers have decided not to reconfigure boundaries for two legislative districts that a federal judge ruled was a violation of American Indians' voting rights. U.S. District Judge Karen Schreier said the Legislature's redistricting plan following the 2000 Census was unfair to Indians.
The Legislature's Executive Board met behind closed doors with Attorney General Larry Long on Monday. Lawmakers emerged and defended their original plan as legal.
Schreier has given the state until July 29 to reply to her ruling that too many Indians are packed into District 27 and that the boundary between districts 26 and 27 should be changed.
The American Civil Liberties Union sued the state in 2001 on behalf of four Indian voters over its redistricting plan. The ACLU wants the state to redraw the district boundaries so that there are Indian majorities in both districts 26 and 27 instead of a 90 percent Indian voter registration in District 27.
Schreier could adopt the ACLU's proposal to split District 26 into two House districts or she could draw her own plan.
Long said the state could appeal Schreier's decision to the 8th U.S. Circuit Court of Appeals.
We can understand why lawmakers would defend the state's redistricting plan. It received broad support by the elected representatives of the people of South Dakota.
However, nothing the Legislature comes up with is likely to satisfy the ACLU and Judge Schreier. It's probably best to wait and see what Schreier proposes as a solution.
We urge caution in deciding whether to file an appeal. The Legislature has already appropriated $500,000 to reimburse the ACLU for its legal fees in pursuing the case. Let's not waste more money defending a redistricting plan that's legally or morally indefensible.
Schreier's redistricting plan may be unacceptable to the state and, if so, Gov. Mike Rounds and the Legislature should file an appeal. But the goal should be to provide adequate representation to Indian voters. Bruised egos are irrelevant.
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