Butterworth challenges redistricting plan

A Senate attorney says the attorney general's lawsuit, filed in Washington, is an attempt to delay timely elections.

By LUCY MORGAN, Times Tallahassee Bureau Chief

© St. Petersburg Times
published May 16, 2002

TALLAHASSEE -- In an escalating battle with state legislators, Florida Attorney General Bob Butterworth on Wednesday challenged the state's congressional redistricting plan in a lawsuit filed in Washington.

Butterworth wants the District of Columbia court to appoint a three-judge panel to review the new congressional plan approved by lawmakers last month and determine whether the plan violates federal law.

A three-judge federal panel in Florida already is reviewing the same plan and on Wednesday scheduled a June 3 trial in Miami.

"We're disappointed by Butterworth's efforts to inject partisan politics into the reapportionment plan for the voters of Florida," said Senate attorney Jim Scott of Fort Lauderdale.

Butterworth, a Democrat, merely wants to delay timely elections and have Florida's 25 members of Congress "take office under a cloud," Scott said.

But Deputy Attorney General Paul Hancock said Butterworth asked for an expedited hearing, which shows he is not trying to delay approval of the plan.

Scott said a similar case involving Georgia's redistricting plan was handled by the Washington court on an expedited basis and still took six months.

Hancock suggested that the relationship between Gov. Jeb Bush and his brother the president could result in "favored treatment" of the congressional plans at the hands of the Justice Department.

Because five Florida counties, including Hillsborough, have a history of discriminating against voters, any change in election law must be approved by the U.S. Department of Justice.

Gov. Jeb Bush and legislators recently filed copies of the plan with the Justice Department, bypassing the tradition of having the state attorney general participate in the filing. Republicans say they cannot depend on Butterworth to represent them.

A decade ago, when Democrats controlled state government, Butterworth defended their redistricting plans. This year with Republicans at the helm, Butterworth has opposed the plans, contending they unfairly gerrymandered the new districts.

The Justice Department is 15 days into a 60-day period allowed for review.

Butterworth named U.S. Attorney General John Ashcroft as the defendant in the new lawsuit he filed, saying he would like the court to appoint a three-judge panel and expedite review to determine whether the redistricting plan damages the chances of minorities to win election.

The federal panel in Florida will rule on slightly different issues: allegations that the plan was gerrymandered to help Republicans and violates minority rights.

An additional lawsuit challenging the plan has been filed by U.S. Reps. Carrie Meek, Alcee Hastings and Corrine Brown in state court in Broward County. A hearing in that lawsuit is scheduled today before Judge Robert Lance Andrews.

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