Sterling Fluharty: Redistricting or Revolution in Albuquerque?

This is the first of a series of guest posts on redistricting issues by Sterling Fluharty, who lives in Albuquerque and is the owner of Southwest Political Services, which specializes in campaigns, polling, redistricting, lobbying, coalition building and publishing.

The Republicans of Albuquerque continue to amaze me. Yesterday in state district court they won the right to proceed with the October 4th municipal election and then to redistrict the City afterward. This ruling plays right into their goal of consolidating power on the City Council. Even more impressively, though, they got Democrats and the ACLU to support this plan, without ever disclosing their actual strategy.

All but one of the Democrats on the City Council bought the City's argument last December that redistricting was being rushed with estimated data. They agreed with the City that it would be wiser to postpone redistricting until after the election, when it could be given the attention it deserved. Most or all of those incumbents believed that a delay in redistricting would help keep Democrats on the City Council for at least another four years, assuming they were reelected.

After the failed attempt in October 2007 to recall Councilor Don Harris, Democrats on the City Council gained the impression that Councilors could not be easily removed. Without death, disability, recall, resignation, removal, or a move out of his district, there was no compelling reason for Harris to give up his seat on the Council. What they didn't anticipate was the situation where the district leaves the Councilor, rather than the other way around.

The ACLU has been an unwitting accomplice as well. With their fight for equal representation, the ACLU has given the Mayor the perfect argument for changing the composition of the Council. The City has committed that "as soon as a redistricting plan is approved by the Mayor and is published for five days, it will go into effect." In other words, one or more members of the Council will be redistricted out of their district in just a few months.

The ACLU says it is pleased that West Side residents will finally be represented on the City Council. But as soon as the City's redistricting is completed, the Mayor will exercise his duty, as outlined in Article IV, Section 9 of the City Charter, to fill any vacancies caused by "termination of residency in the district represented." Ironically, these appointments will provide the equal protection sought by the ACLU, while further delaying the right of West Side residents to be represented by someone of their own choosing.

The Mayor will tell us that both the U.S. Constitution and the City Charter require him to make these appointments to the City Council. He will select one or more individuals who can work effectively with his administration and the five Republicans who currently serve on the City Council. And thus Republicans will create a supermajority on the City Council that will prevail until the municipal elections of October 2013.

There may not be much chance that this Republican plan could still be thwarted in court. The plaintiffs in the ACLU lawsuit are currently considering an appeal, but their arguments for an injunction against the election were not compelling enough for the previous judge. Almost all of the case law on redistricting talks about the effect that new district boundaries will have on future elections, not the immediate impact they can have on voters who lose their councilor and suddenly need a representative who lives within the new boundaries.

Coming Up
I have a couple predictions. Both Democrats and West Side residents will have plenty to say about this Republican plan during the public comment period at Albuquerque's 2010 Redistricting Committee meeting this Wednesday, July 20, at 6:00 PM in the City Council Chambers. And the Democrats serving on the committee will have to wrestle with the decision of whether to recommend a redistricting plan that will serve Republicans for two years before it can help more Democrats get elected to the City Council.

Things might get really interesting if Democrats and West Side residents decide to join forces. Perhaps with enough pressure the Mayor could be persuaded to appoint one or more Democrats to the City Council after redistricting creates vacancies. If he appoints more Republicans, imagine the recall elections that Democrats and West Side residents could spearhead in 2012. Or maybe the anger against Republicans will spill over into congressional and legislative races that November.

Get Involved
Regardless of what happens, I am hoping for increased civic engagement. During the committee's meetings last November and December, I was the only person who spoke during the public comment period. The judge just gave the City extra time for redistricting so that it could adequately collect and respond to public input. Let's make sure our voices are heard this time and that justice prevails.

This is a guest blog by Sterling Fluharty. If you'd like to submit a piece for consideration as a guest blog, contact me by clicking on the Email Me link at the upper left-hand corner of the page.