Testimony concludes in Arkansas redistricting hearing; closing arguments up next

Betty Dickey looks over at the redistricting maps during the Arkansas Board of Apportionment meeting Friday, Oct. 29, 2021, at the state Capitol in Little Rock.  (Arkansas Democrat-Gazette/Staci Vandagriff)
Betty Dickey looks over at the redistricting maps during the Arkansas Board of Apportionment meeting Friday, Oct. 29, 2021, at the state Capitol in Little Rock. (Arkansas Democrat-Gazette/Staci Vandagriff)


Testimony in the lawsuit contesting Arkansas' newly drawn state House district maps wrapped up Monday in federal court.

The American Civil Liberties Union of Arkansas filed a lawsuit against the Arkansas Board of Apportionment, made up of Gov. Asa Hutchinson, Attorney General Leslie Rutledge and Secretary of State John Thurston, arguing the new legislative districts created after the 2020 census dilute the influence of Black voters.

Plaintiffs and the defense rested their case Monday, and the trial will proceed to closing arguments scheduled for today.

The case has continued under a fast-approaching deadline as candidates can begin filing to run Feb. 22. So with winter weather delaying the hearing last week, testimony continued Saturday and again for 11 hours Monday.

Much of the preliminary injunction hearing in front of U.S. District Judge Lee Rudofsky was direct and cross-examination of former state representative Andy Davis.

Rutledge hired Davis, a Republican who represented Little Rock, to help redraw the maps after the decennial census.

Attorneys from the Attorney General's office, who are representing the Arkansas Board of Apportionment, called Davis to the stand to testify about the complexities of drawing 100 legislative districts that qualify with federal and state law and meet state goals on compactness.

When drawing legislative maps, states are required under federal law to consider race as to not dilute the influence of minorities, particularly Black voters. But district map makers are also asked to consider several factors during redistricting, such as not splitting like communities, cities or counties and compactness.

The ACLU argued the new state House maps will have one fewer majority Black districts despite a growth in the state's Black population according to the latest U.S. Census.

Davis said while he had access to racial demographic statistics, it was hard to balance drawing district boundaries that fit all the state's criteria while also increasing the number of majority Black districts.

"I think you can reasonably meet them," Davis said. "You can't meet them perfectly."

Davis' testimony caused a complication in Monday's proceeding when he said under cross-examination that there was an error in the wording in his declaration to the court about exactly how map makers took racial demographics into account.

The error led to Rudofsky admonishing Assistant Attorney General Jennifer Merritt, saying she should have disclosed the error at the beginning of her direct examination of Davis.

During the redistricting process, the ACLU presented the state with it own legislative maps, which included 16 majority-minority districts, attorneys representing the ACLU said.

Davis said he didn't want to draw districts that would racially gerrymander by grouping Black people from different parts of the state into one district, saying a long-driving distance across a district would be a negative.

Neil Steiner, an attorney representing the ACLU, presented maps to the Arkansas Board of Apportionment, showing roughly two-hour drives in several of the newly drawn districts.

Lawyers representing the ACLU called two witnesses Monday.

Former state representative Douglas House, who was a part of Rutledge's redistricting team, was called to testify on what he discussed with staff from the Arkansas Board of Apportionment.

The defense's final witness was Josh Bridges of the Secretary of State's Office who spoke of the election schedule and what a new district map could mean for election officials around the state.

The ACLU also called to the witness stand former state Supreme Court Justice Betty Dickey, who has been tasked by the Arkansas Board of Apportionment as its redistricting coordinator, and Kymara Seals, policy director for the Arkansas Public Policy Panel, who spoke to the views of many Black voters.

Just before the proceeding came to a close, Rudofsky announced he received a note from his clerk saying the U.S. Supreme Court issued a stay in Alabama over that state's congressional district boundaries.

The stay means the newly drawn districts in Alabama, which were similarly challenged on racial discrimination grounds, will remain in place.

"I tell you all because I'm guessing you may want to look at that -- if that does shed any light on tomorrow," Rudofsky said.


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