Top Democrats sue over Arizona redistricting commission list
Claim nominees are Republicans, not Independents
PHOENIX – Top Democratic are going to court after accusing a nominating panel of trying to pass off partisan Republicans for what is supposed to be a non-partisan slot on the Independent Redistricting Commission.
And they say they need a quick answer because House Speaker Rusty Bowers has started the appointment clock running with his decision this week to name Tucson developer David Mehl as his pick for the IRC.
House Minority Leader Charlene Fernandez and David Bradley, her Senate counterpart, contend two of the five nominees who would wind up chairing the commission are really Republicans. That, they contend, violates the constitutional requirement for how the panel has to be made up.
The dispute is more than academic. The makeup of the commission will determine which party gets a political edge in legislative and congressional elections for the coming decade.
Prior to 2000, the lines for districts were drawn by the Arizona Legislature. That, however, often resulted in more districts that were favorable to the party already in power.
That year, voters created the Independent Redistricting Commission of five members, four chosen by the leaders of the two major parties and those four selecting a fifth, the person who is supposed to be the political independent. In all cases, they have to choose from a list of those nominated by the Commission on Appellate Court Appointments: 10 from each political party and five not registered with either of the two major parties.
Attorney Jim Barton said the problem is that two of the five who are supposed to be independents are really not.
One complaint involves Thomas Loquvam.
Barton said constitutional rules preclude anyone who as been “a registered paid lobbyist’’ within the past three years from serving on the redistricting commission.
Loquvam said on his application that he is not a paid lobbyist because he is not “compensated for the primary purpose of lobbying on behalf of a principal.’’ But Barton pointed out he actually is listed on the Arizona Corporation Commission web site a lobbyist for utility company EPCOR.
There was no immediate response to an inquiry to Loquvam.
The complaint against Robert Wilson is a bit more complex.
Barton acknowledges that he has been a registered independent since 2005. But he told the court that “on information and belief’’ that Wilson voted Republican in 2010, 2014 and 2018.