Lawsuit seeks to have court draw La. congressional map

A group of Democratic activists have filed a lawsuit against the Louisiana secretary of state, asking the 19th Judicial District Court to create new congressional districts.

The National Redistricting Action Fund, a nonprofit affiliate of the National Democratic Redistricting Committee chaired by former U.S. Attorney General Eric Holder, is backing a lawsuit by six Louisiana voters that asks the Baton Rouge court to intervene in the state’s congressional redistricting process after Gov. John Bel Edwards’ veto of a Legislature approved map last week.

“Louisiana needs a fair congressional map, and it has become obvious that for an appropriate map to be enacted in a timely manner the court must step in to produce it,” Holder said. “Instead of pursuing a fair map, the Louisiana Legislature arrogantly chose to endorse an unjust status quo, passing a map that continues to dilute the voting power of black Louisianans and keeps them from having legally mandated representation in Congress. Governor Edwards’ veto … was necessary to protect free and fair elections in Louisiana.

“The court must now step in and establish a schedule that will enable it to adopt a remedial congressional plan based on 2020 Census data,” he said. “Louisiana voters deserve the opportunity to elect representatives of their choice – in this cycle – with districts drawn to reflect the diverse make-up of the state.”

Voters identified in the lawsuit included a former executive director of the Louisiana Democratic Party, a state representative, a lawyer and liberal lobbyists, according to The Advocate.

The group argues census data shows the state’s current congressional districts are malapportioned and must be redrawn for the 2022 elections to comply with the U.S. Constitution. The plaintiffs argue there is no chance the Republican-controlled Legislature can muster enough votes for the supermajority necessary to override Edwards’ veto, and the “court must intervene to protect the constitutional rights of plaintiffs and voters across the state.”

“Absent this court’s intervention, plaintiffs will be forced to cast unequal votes in violation of their constitutional rights,” the lawsuit reads.

Voting rights activists repeatedly urged the Legislature to include a second minority majority congressional district throughout a redistricting roadshow to collect public comment and during the special legislative session in February.

Proponents for a second minority majority district pointed to the state’s roughly one-third Black population, which has grown over the past decade as the white population has declined. Edwards also repeatedly has cited his desire for a second minority majority district, most recently in his veto last Wednesday.

Edwards wrote in his veto message the Legislature “should immediately begin the work of drawing a map that ensures black voices can be properly heard in the voting booth.

“It can be done and it should be done,” he wrote.

The lawsuit argues the chances of compromise or a veto override are slim to none, and the court should instead take action now to ensure new districts are in place before the July qualifying dates for the congressional primary.

The lawsuit notes the Legislature failed to override any of Edwards’ 31 vetoes last year and hasn’t overturned a gubernatorial veto since 1993.

“It is in the interest of voters, candidates, and Louisiana’s entire electoral apparatus that finalized congressional districts be put in place as soon as possible. Potential congressional candidates cannot make strategic decisions—including, most importantly, whether to run at all— without knowing their district boundaries,” the lawsuit reads.

“And voters have a variety of interests in knowing as soon as possible the districts in which they reside and will vote, and the precise contours of those districts. These interests include deciding which candidates to support and whether to encourage others to run; holding elected representatives accountable for their conduct in office; and advocating for and organizing around candidates who will share their views, including by working together with other district voters in support of favored candidates.”

The lawsuit ultimately asks the court to declare the current congressional districts unconstitutional, set a process and timeline for creating a new congressional district plan and to implement the plan if the Legislature doesn’t take action by a certain date.