Tony Stewart Scrapbook 1984

Gro p fights for redistricting plan l1SUSANT0n Preu Staff Writer Bouse Joint Resolution 5, whlcb would allow leglalattve district boundaries to cross county lines, attacks the heart of democracy by eroding the one-penon, one-vote

principle, opponents say.

Citu.ens Alllance for Reappcrtionment F.quality (CAREi, a blparl118D organlzaUon consisting of past and present legialatora, government leaders, law enforcement officials, educators and private citizens who oppose BJR 5, kicked off Its campaign against the propoaal this morning at eight press conferences - Including one Jn Coeur d'Alene City Hall - beld throughout the state.

The group's aim is to urge voters

to reject a constitutional amendment that lawmakers, after repeated legislative and Judicial failures, placed on the November ballot to slmpllfy the task of drawing district boundaries.

Tooy Stewart, North Idaho Collete poUUcal sclentllt and CARE coordinator, on Wednesday aald HJR 5 would open up "a whole new ballgame on reapportionment."

"There isto much at stake here," Stewart said. "It's not ooe person or one candidate, bat the future of the state for a Ion,, long time."

Stewart, who helped draft the current elecUon boundaries, said ILJR's pusa1e would remove all constitutional restrictions against 1errymandering - divid.lq legislative districts in such a way aa lo gain political advantage.

Be said lelitlatora who oppose the court-ordered formula prefer to establlsb voting regions tbat benefit

However, sponsors of the amend· ment have contended the countyline restriction makei It nearly impoaible to draw district boundaries thlit reflect 1eorrai>bic, sodal, eco-

themselves and their political parties.

"If you remove the pidellnes DOlllic and community ClODCerns. from the Constitution, you're giv\nl Stewart contends the removal of areat power lo the Legislature 1o tbe state reapportionm t IIUidellne rymander.'' Stewar~ said, ooUfli would leave only federal guldellnes, the benefits lo incvmbmt CID• retultlng ln a further loa of local didates In the creation of "ufe 1ovemrnmtal control. districts."

The tan1led reapportionment ''U you create tbelle safe dlltrlcll caae - which bas been beard by a and know before the election who ls North Idaho district judge, the Ida· going to win, why bold electiona?" ho Supreme Court and Boise's feeler· Stewart sald. ''Tbat attacu tbe al court - II blamed by many for heart of democracy.'' creating voter confusion and Tbe U.S Cmstitutlon requirel apathy.

But Stewart said the current elecdiltrlcts to contain pqpulations of appnmmately the aame lize to. tion boundaries - approved by 1st ensure equal repreaentatlon, StewContinued on P.,. 2 art explalned.

The Coe'" d'Alene Prest Thurs., Oct. 4, 1984

Redistricting Continued from P.,. 1 Dlltrict Court Judie Dar Copwell to replace the Leglllature'• unconstitutional plan - ellminatel confusion by tnclng dlltrtct llnel

over county llnel.

"What could be more simple than the dlltrict linel belnl tbe same u

county linel?'' be uld.

CARE has recruited Gov. John Evans and former Govs. Cecll Andrus and Robert Smylie to help persuade voters to reject BJR 5.

Andrus, a Democrat, and former Republican Gov. Smylie were to speak at a Boise news conference, while Evans was to appear at a Pocatello event, Stewart said.

Other ne,rs conferences were to .. be held ln Sandpoint, Moacow, Lewiston, Nampa and Idaho Falls.

THE SPOKESMAN-REVIEW

friday, oct. 5, 1984 page8

Bipartisan group seeks defeat of remap ballot measure - .-

By DAVID NEWMAN

legislative districts.

The anti-amendment campaign "If HJR-5 passes, there will be got under way with seven press COEUR d' ALENE - A bi par- several negative effects for dec- conferences around the state, int ~ coalition ·of lawyers, politi- ades on reapportionment," said cluding the one held at City Hall cians, educators and other citizens North Idaho College political scien- here Thursday. launched a statewide campaign tist Tony Stewart, CARE's co-coorFormer governors Cecil Andrus, Thursday against a ballot measure dinator. a Democrat, and Robert Smylie, a they fear will rob Idaho of fair The splitting of counfies - now Republican, were to present elections.

Rrohibited - leads to gerryman- CARE's case at the press conferwhen lawmakers re-draw ence in Boise Thursday.

The Citizens' Alliance for Reap- cfering district boundaries from time to A list of CARE board members portionment Equality (CARE for circulated by Stewart includes 64 Idaho) is urging citizens to vote time, Stewart said. "no" Nov. 6 on House Joint ResoluGerrymandering is used to cre- names. Among them are 19 state tion 5. ate "safe" districts where incum- legislators; 18 Democrats and one 1:>ents can campaign with little fear Republican.

If approved, HJR-5 will amend of serious opposition. It also is used other familiar names on the state constitution and allow to dilute the power of hostile voting theAmong list are Gov. John Evans, Demcounties to be divided into separate blocs. · ocratic Natianal Committeeman Cy Staff writer

Chase of St. Maries, Coeur d'Alene Mayor Jim Fromm, Kootenai County Commissioner Frank Henderson, Bonner County · Commissioner James McNall, Kootenai County Prosecutor Glen Walker, Bonner County Prosecutor Phil Ro~inson, and Coeur d'Alene lawyers Scott Reed , Ray Givens and Bill Nix'on.

CARE sees other problems besides gerrymandering ahead if HJR-5 is approved.

Allowing legislative district boundaries to split counties, Stewart said, will erode the importance of county governments. Lawmakers will be inefficient representa-

tives of the interests of local governments.

In addition, passage of HJR-5 will remove state guidelines and leave only the federal "one man, one vote" guideline for reapportlonment, Stewart said.

"We look upon this as a states' rights issue," said Stewart.

Finally, passage of HJR-5 will open the door to another long squabble over redistricting in the 1985 session of the Idaho Legislature, CARE members believe.

"The Legislature put this thing on the ballot to ahop up counties," said Ray Givens, who successfully challenged earlier county-splitting plans in a series of legal battles.

Givens contended in the lawsuits that Idaho's previous redistricting maps, drawn by the Legislature, were unconstitutional. As a result, 1984 ele<;tions are being held under a court-ordered plan honoring county lines.

"They (legislators) want to gerrymander to preserve their own incumbencies; they want to change the bargain," Givens said.

Supporters of HJR-5 say it is dif. ficult to form districts of equal population while obeying county boundaries. Further, supparters say, county lines drawn arbitrarily decades ago may not accurately account for modern social and economic factors.

SUNDAY, OCT. 7, 1984

VOLUME 1, NO. 1

PUBLISHED IN NORTH IDAHO Bonners Ferry Herald

Priest River Times

Coeur d'Alene Press

25 cents

Sandpoint Daily Bee

Floterial gives voters more choice' 1

By TED NELSON Sandpoint Daily Bee A cilizen does not have Lo know what a floterial di Lrict is lo ote in Lh 1984

general election In Idaho Nov 6.

But il might help in under landing Lbe political proces in Lhe tale and in making wise choic betw encandidat . ne important thing lo remember before voting lhisyear i lhal, becau. of Lhe new flot rraJ districts, ev cyone will have more choices lo make betw n andidales for lh state Legi latur .

Re ·]dents or Bonner. Boundarv. ho hon and Bene\ ah counti · will voi for two tat enalors in t ad f n . and fow· slate repr · ntatives instead of two .

Becaus Kootenai County has aim ·t a · man people as th olh r three counli : combined. i cil1z ns will vol for thr e tat~ senator and si r presentative .

Tl 1s easier lo determine which I gi lative districts one is in this year, becau ·e th di tr1 ts follow count lin Everyone in the five northern countie · is in Di tri t 4, plu on of three mailer dislricts.

Bonn r and B undary counti ar in

lJi trict I and 4: Koot nai County i in Dislri ' 2 and 4 ond hoshone and 8 newah oun!i are in Districts 3 and 4

Di lriel -1 i on of Lh new, multicounty floterial di lric created under a redi Lri ling plan ord red in August 1983

by First Dislric Judge Dar Cog w II. E ryone in th stale is now in one mall district and one larger floterial di Lrict.

Acc;:ording lo Web ·ter's dictionary, [lot •rial di ·tricts are named for th ir "floater'' I gislalors - tho who represent an irregular con titu ncy , uch a two are n Hh r of which has sufficient population lo entitle il to a ·eparate r pr entative.

From one pe ·pecli" , il app ars that Lh flotcrial di tri t legislator will repr •sent ' m 118 700 peopl , while th olh<>rs from North Idaho will r pre ent between only about 30,000 people •ach.

However. und r th theor\' of not rial districts, each of Lhe · orth Idaho legi latm will rcpre ·ent one-fifth of the population of the flotenal di ·trict or ome 23,748 people. Theoretically, in nJI di lr1cts that are more populated than the average distri t in the ·tale. the ex-

lra people will be r ·present d by flot rial 1 gislalors. 'fhe reapportionmenl plan u ing noterial districts wa on oI 1'1 drafted b , North Idaho Coll ge political sci nee prof or Ton St wart. He wa - asked to draft the plans by thos who onducl d the legal challenge to the state L gislature' 1982 r apportionment plan,

North Idaho's new floterial district means voters must do some homework William H liar of oeur d'Alen and his attorney. Hay ,iven ·.

According to Gi ·en . flot ri I di trict.s wer used lo balance r pres ntatlon betw n different ountl i. and area of lhe Late to comply with the .S. uprcme ourl' "on man, one vote" order while, at the sam time. following the Idaho Constitution' requirement !hat counti · not be dtvided into eparat legislative di ·tricts.

Givens xplained lhat the boundaries of lh seven not rial districts are very similar lo those already us d for regional administrative and judicial districts. For instance, the five counties in Legislative District 4 are also those lhat make up the First Judieial Di trict. the Panhandle H alth District and the Panhandle Area ouncil In drafting the plan, he said, efforts ·er al. o made to avoid splitting and diluting the political power of racial or minoril. gr ups. such a the Coeur d' Alen Indian tribe and the Hispanic community of Canyon County.

Legislative candidates agree that floter1al districts will bring about di . r rent tyles of campaigning and representation than the smaller districts.

Senate Minority Leader Kermit Kieberl of Hope aid campaigns in the District 4 five-<!ounty race will tend to empha ize media exposure auned at name recognition, while personal contact may be m re important in on~ounty cont ts H chose to run for re-election in Di tricl 1, where he I weJJ known, rather than In the floterial district.

(Continued on page 41

Floterial district will give voters more choice as up rvi or of the ldaho Panhandl olional Forest gi him an advan· Lage. lie slimat d he will p nd about twice as much mon as h would nd on a singl count paign "I think I hav put a I l mor mil on that pickup of mine:· h added. ''IL i tough. really rt i an awful lo! of terril ry to cover "

(Continued from page 11

ft r Kicb rl' deciswn. n Vc-rn Lannen of Pin hursl fil d ror lh floleria l senale seal. becau · hC> said he

want d

to

help

reduc

th

Republican majority m th enal • and h fell an incumbent nat r \ 'th hi. e, p(•rience on th Panhandl Health Dist rt 'l board and lhe Panhandle re Council would have a b ll r chonc of wmmng th multi-county seal than a poliliral ne,\TOm r.

How ver. Lannen's H •publkan upnenl, Bill 'i:on of oeur d'AI n •. also b lte,•c · he 1 • unique!: quaJifi ·d Lo repre nl the floterial district. b cau ·e h~ wa. rai · d in Bonn rs F rry, ha practic d law th rr and in Co ur d'Al n and h;:i · laken cas from all fi •e cnunti . Both Lann n and . 'ixon ·aid they mav pend fiv

H.alph Kizer of Hayd n I.akc said he \\ a· ncourag d lo gel inlo th race again l Givens al the lllh hour. all r 1L appear d no other Republican wer going lo fil for !he position llo ~ v r, h believe 111. man. year·

Republican Rep F'rank Fi ndlay ;.11d h d cid d Lo run in lh floterial di lrict, becaus th Democrats ha\'c won the Bonn r-BoundarI dt lricl for · veral years in a row H. won in 191\2 m a di lrict which included ·outhem Bonner unty and north rn Kool nai ount .• so he thought he would hav a belt r chanc in lhe rombin di lr1cl ··You·r • real!. spinning your

Is," Findln said · houl the campaign. "You're really running all ov r rive counlie ·." lie ·aid he would pr f r smaller di trict . be ause ii is hard Lo repr enl an area w1 th ml res as diverse a· agricultur , limber, mining and tourism, thal might con!licl with each oth r Democrat lev Herndon said he chose lo run in the ftve ount;. distncl for repre enlalive, because he \·ant d lo t.ak on f-'mdlav and had Loo much re ·peel tor the Democratic in· cumb n in D1slric1 I ru run agatn I Lh rn He estimated lhnl hi· campaign ·o far thi · y 1.1r ha already put 9,000 mil n hi · car. ll rnclon :aid the need lu dr,m vot ; from all ar as of th di ·tri I g1v s a

wh

can<lidal a compl t ly dirf •1 ent per pl>clh con regional i ·su . than an I ·t ion in a sma 11 r di ! net.

Poll shows floterial has voters confused

By SUSAN TOFT Coeur d'Alene Press Voters in North Idaho's newly created "floterial district" apparently still are confused about exactly where the district is located, according to an informal poll conducted by North Idaho Sunday.

The court-ordered reapportionment plan currently in effect in Idaho inclu~es a floterial district composed of the five northern counties. One senator and two representatives will be elected from the district.

North Idaho Sunday conducted a ran· dom telephone survey Monday of. three cities in the five northern counties lo

Poll results, page 4 determine how many voters are familiar with the flolerial district and with the candidates running for office from the district.

Democratic incumbent Vernon Lannen is running for re-election against Republican Bill Nixon for the Senate seat. The races for the two House seats pit Democrat Jeanne Givens against Republican Ralph Kizer for seat 4-A, and Democrat Steve Herndon against Republican Frank Findlay for seat 4-B.

A total of 197 calls were placed to residents in Kootenai. Bonner and Shoshone counties. All respondents were 18 years or older and registered voters in the floterial district. Percentages of the total responses were based on each com· munity's population. or the total respondents, 105 were women and 92 were men. Kootenai County residents made up the majority of respondents with 123; 48 were Bonner County and 26 from Shoshone County.

The residents were asked if they are familiar with the floterial district and who they would vote for if the election wer held tomorrow .

The results showed, with just 30 days before the election, a large majority of voters still are unclear on the floterial district.

Of the 197 pers')ns, 79 percent respond· ed they are unfamiliar with the new district.

Voters were fairly evenly split on their choice of candidates, but the undecideds still lead the pack.

Regional favoritism was especially apparent in the race for the Senate seat now held by Pinehurst resident Lannen. !Continued on page 41

The North Idaho Sunday poll results Total percentages are as follow: Kootenai Bonner Shoshone Senate-Vern Lannen ( D) 26 25 73 BillNixon(R)33 35 12 Undecided41 40 15 House4-A-Givens(D)- 32 15 46 Kizer(R)37 40 15 Undecided 31 45 39 House 4-B-Herndon( D)- 29 29 so Findlay(R)33 31 15 Undecided38 40 35

Total 32% 30% 38% 29%

JS% 36% 32% 31%

37%

Floterial confusing, poll says (Continued from page 11

His opponent. Coeur d'Alene attornev Nixon carried a sizable lead O\'er Lannen in lhe Kootenai and Bonner counties. But the incumbent pullt'd ahead \\ hen Silver Valle voter were polled. · Republicans fared poorly in lhe Silvt.'r \'alley. polling only 12 Lo 15 perc·enl.

However, the GOP won all three race in Kootenai and Bonner counties. .

Overall. the Democra won th close Lannen / ixon and Hern don/ Findlay contests - but lost the Givens / Kizer fight to lhe Republicans.

Total percentages are given in lh box on thi page.

â&#x20AC;˘ â&#x20AC;˘ llllOll

Sun ., Oct . 14, 1984 B- 1i

~

OUR OPINION

HJR 5: simply a plan for power Wouldn't it be nice lf, everytime we bit a rule we didn't like, we could change it. Society might disintegrate and our syatem of law might fall apart, but it would sure make it convenient for certain individuals.

One of the proposed amendments to the Idaho Constitution which will be on the ballot this election would do away with a rule which some legislators find mighty inconvenient. The proposed amendment is HJR No. 5and, If passed, it would do away with the rule in the Constitution which says counties cannot be divided into different lelislatlve districts.

As it stands now, two or more counties can be included in a single leli5lative district, just as Boundary and Bonner counties make up District 1. But it la illegal to divide any county into two different districts, as in the 1982 elections when Kootenai County wu split into four different districts with part, of Bonner, Shoshone Benewah, Latah and Nez Perce counties.

1bere ls a good reason for this nlle in the Constitution. Counties are the primary political units in the state, and people who live in counties share many of the same governmental functions, social organizations and economies. As a block of voters, they Will be better represented in the state Legislature if they are in the same district.

That way their voting power w1ll not be diluted by being divided into districts with voters from other counties wo do not share common concerns. Voters from other counties will attempt to elect legislat.ors to represent their own, different interests. Yet if HJR 5 pasaes, counties wUl be split into many different districts.

The reason this amendment was approved by the Legislature at all is because some legislat.ors were mad that people in Kootenai and Bonner counties brought a lawsuit against the 1982 redistricting plan, a plan which ignored the constitutional rule.

The 1982 plan was badly gerrymandered which means it was drawn up by legillator~ attempting to preserve their own political power and who were not trying to make falr districts that would serve the people well. The obviou, gerrymandering that went into the Ul8lplan i1 the reason the North Idahoans won the lawsuit and ii the reason why we are having an election this year with the new redistricting plan.

This year's plan uses floterial districts. The floterial districts are confusing, but once the voters understand bow they work, this plan will serve us well. It will do so because counties will not be divided into different districts and because lt was not drawn up by politicians attempting to preserve their own districts.

If HJR 5 passe,, that will change. Legislators will be able to divide the state any way they want. Gerrymandering will be much easier. Fair representation will suffer.

The Idaho Constitution has worked well for nearly a century. Voters should take a dim view of attempts to change the Constitution just t.o make things more convenient for legislators.

Question of how to divide state divides state Ballot issue would permit lawmakers to split up counties

1 SANDPOINT

•

By DAVID NEWMAN S1111f wri1u

COEUR d'ALENE - Idahoans will decide a deceptively simple ballot issue Nov. 6: a proposed amendment to the state constitution that would allow legislative dis· trlcts to divide counties.

A hurricane of political and legal controversy has raged around tbe question for at least two years, since Coeur d'Alene's Blll Hellar (now a congressional candidate} sued state officials over a 1982 reappor· tionment plan that eventually was ruled unconstitutional.

Contrary to the Idaho Constitution, the Republican-dominated Legislature ignored county lines when it drew that plan. Opportents charged the plan was gerrymandered.

District 4, for example, encompassed Shoshone County, but a thumb-like extension thrust Into Kootenai County and picked up several Democratic preclncts in Coeur d'Alene.

District 5 was a narrow north-south slice stretching from the Spokane River almost to Lewiston and including portions of Kootenai, Benewah, Latah and Nez Perce

2

4

counties.

Courts said the Legislature would have to come up with a new plan or accept a court-ordered plan. Lawmakers failed to draw an acceptable map, and 1st District Judge Dar Cogswell ordered implementation of the celebrated and controversial

Plan 14-B.

Plan 14-B tndudes large floterial districts that overbe smaller districts.

deviation of 9.& percent, lt a1ao meets the Cogswell's decision was upheld by blgber federal test of eaual representation ••one man. one vote~· courts.

Plan lf..B will increale the J.e&t.a)ature But many lawmuen, most of them Refrom 105 to 12& members. It lncludea sev- DUblican9, are upy abouJ the courts' inen large floterial diltricta that overlie ferventioil. 'l'1ley believe tile- dlffleulty in smaller districts. redlstrictilll would napof8te II tbeJ could The plan divides no counties, and there- continue to cllvlde COllbtles. fore satisfies tbe constitutional require., Despite tbe state constltutlon, a ~ of menl With a diatrict-to-dlltrict population tbree federal judges in 1972 upbeld a recn.

tricUng plan that violated county lines.

They reasoned federal one-man, one-vote guidelines took precedence over the state constitution.

The state constitution was not changed, however. Lawmakers merely ignored it.

Then came Hellar vs. Cenarrusa, the · 1982 case that finally resulted in Plan 14B. Now, with the ballot issue known as House Joint Resolution 5, frustrated Republican lawmakers are asking voters to alter the constitution.

A "yes" vote on HJR-5 will remove the constitutional ban against splitting counties.

A "no" vote wlll leave the restriction in place.

Opponents fear lifting the ban will strip Idaho of tntly representative government.

It would leave lawmakers free to gerrymander legislative districts, they say, to protect incumbencies by creating "safe'' districts or to fragment voting blocs and thus weaken their strength at the polls.

Further, opponents say, approval of HJR-S would weaken county governments by splitting their representation into multiple districts, rather than having "county delegations" of lawmakers.

Supporters of HJR-S argue there ls nothing sacred about county lines They say tbe divisions are arbitrarily drawn and do not recognize the social, economic or geo.. graphic boundaries that lawmakers must consider when redistricting.

But wbea asked about BJR-5, tbeir first objection la not to tbe constitutional ban, bulto Plan lf..B. "I tb1nk tbe people of Idaho are 1oln& to end up tbe 1oeers in representation qn this one." said Bouse Speaker Thomas W. Stivers, a Twm F a l l s _ ~ Stivers and Boise Republican Jim Risch, president pro tem of the Senate, argue that tile vast me of tbe floterlal cllstrictl makes it nearly lmpo1Sible for Jeaislaton from thole dlstrlcta to gift good ~eaentation to the district's far-flunarreatdlilltL

Tbef alao say that area

membenblp

ln tbe Leplature meull lacreued ~

t1na caata uc1 wm entail cost1J

of the leplatlve cbamben.

Opponeata wonder 1tbetber thole arguments IUW't a claalc cue of the tail

waggl[!_g the dog. "lt (HJR-5) bas nothing to do with 14-B;

it's just not a referendum on that plan," said Tony Stewart, a North Idaho College politic.al scientist and co-coordinator of Citizens Allied for Reapportionment Equality (CARE for Idaho), which opposes HJR-5.

Stewart is the architect of Plan 14-B and other plans submitted to Cogswell. or the 12 plans he proposed, seven were desiJlled without the Iloterial districts Republicans fi'ld objectionable. Population deviations in the plans ranged from 18.7 to 8.7 percent, and the number of legislators ranged from 93 to 126. All the plans respected county boundaries.

In other words, there are many ways to redistrict without altering the constitution, argues Stewart.

Risch concedes that might be true, but he said from a "practical standpoint" the political climate will prevent passage of any such plan.

Risch and other opponents also say Stewart's plans have greater population deviations than Stewart calculates.

"The people of Iubo create districts all the time that cross county lines," said Risch, citing joint school districts and other political subdlvlslons.

"We've bad seven court decisions on tbit, and every time we prevailed." said Stew-

art.

"If we remove that ~ ) we have no checks left," be said. "The ~ t a r e would have all tbe power. Wbat we re dealing with Is whether anyone ought to bave

that much power. ' Without tbe ban, CARE members say legislators will be able to draw any kiDd bl dlatrict they wanl "We still have tbe S U ~ Court to interpret." respondB Rep. John Sealons, RDri&P, tbe sponsor of BJR-&.

Whatever voters do, lt'a llkely the Lealslature will~ to reapportkm Iii time lor tbe 1988 eleGIII U BJR-& JNlll'.8I, lawmabn want to draw tlle bouDdarles aplD aader tbe relued gulclelineB. Bat even U tbe ballot measure faUI. Stlven bu said be will be wllllng to introduce redistrietmg in 1985 IO Plan 14-B can be scrapped.

Please Vote 'No' Dear Friends: I urge you to vote ''No'' on HJR 5.

The legislature Is asking the people to return gerrymandering power to the legtslators by placing this proposed constitutional amendment on the ballot. The people should say "no thanks."

This amendment would allow the legislature to Ignore county llnes in drawing leglstatlve district boundaries.

This ts a bad Idea for two reasons.

First. counties are an Important unit of government, and are a polHloal subdivision people can understand and relate to. Second, as a matter of historical fact, county-based reapportionments In Idaho resulted In blpartisan balance which closely rellected the relattve strength of each party. whlle non-county-based reapportionment consistently resulted In overrepresentation for the party In ,:,ower.

If Is easy to understand why: When Incumbent legislators can draw district lines which bisect small communities and even split precincts, the redistrictIng process becomes an exercise In power consolidation. But when districtIng Is subject both to equal popuJotlon and county boundary constraints, the legislators' opportunities for gerrymandering are grecrtly restricted.

If you believe In an open and competitive political process, I urge you 1o vote "no" on HJR 5.

Sincerely, John V. Evans Governor

STAND UP FOR IDAHO Vote "NO" on HJR 5 HJR 5 proposes to change the Idaho Constitution by destroying the protection of county boundaries when drawing state legislative districts.

Vote NO on HJR 5 if you believe the county form of government should be strengthened, not split and torn asunder as this amendment would do.

Vote NO on HJR 5 if you oppose turning over state legislative reapportionment solely to Federal guidelines and control.

Vote NO on HJR 5 if you oppose giving absolute power to the Legislature to determine the legislative district lines.

PROTECT COUNTIES PROTECT STATES' RIGHTS PROTECT YOUR VOTE

On NOVEMBER 6 VOTE "NO" on HJR 5

CAIEFGIIIAIII

1a1111w•....

Frank Henderson, Kootenai CommtSSioner Art Manley,

former State Senator 11111 Nixon,

Republican Senate Candtdate VErnon Lannen, State Senator Glen Welker, Kootenai ProseculDr Scott Reed, COA Attorney Dr. Sydney Duncombe, Political Scientist Nonna Dobler.

Stale Senator JoJ Scherr, Member of Kootenai Laaue of Women Voters Alica Anderson, CIIM Kootenai Democrats c, Chase.

Formtf Slate Senator .tames McNan, Bonner Cornmissionlf Mike Mitcflel.

Fonner State Senator James Fromm, Mayorof CDA

Kermit Kiebert.

I) Senate llnority leader

Georae Jollnson.

Stall llep,aentatite Pul Keetaa.

State Rlpralltltiw I.Inda Stnlns.

CARE Secray Ton,Stenrt.

Political Scientist Illy Giwas, ~Attar-, Tom Ellnlll, CDAlllsinlsSIIIIII

.......

Kooal..,.._._ ....... ""· Rlclllnl .......

BnlceS.-,, Stall Seallllr Till TIICllr, Stlll lllpreaall..

PabyWalar, T,..., <WI FOR IWtO a.cl Wlllllocl.

IIC Slldlllt Grlldllll Hlllr Ricll lllct.

UISlldelt

iaid bv CARE FOR IOAHO - Pat Wai<er, Treasurer

NICKEL'S WORTH Week of Nov. 2, 1984....67

No - No Votes The two Constitutional Amendments to be voted on November 6, 1984 are on entirely different subjects. HJR No. 5 would eliminate counties in creating electoral districts for senators and representatives.

SJR No. 117 would 1ive the le1islature power to amend or reject any water plan prepared by the Idaho Water Resource Board.

The ori1in of both amendments is the same: Politics. The placin1 of both amendments on the ballot was the result of unique but identical reasons: to chan1e the results of lawsuits in which the Idaho Le1islature was the losin1 party.

HJR No. 5 was precipitated by the reapportionment lawsuit in which the Idaho Supreme Court upheld the decision by Jud1e Dar Co1swell that the Idaho Constitution required senators and representatives to represent counties. The boundaries drawn by the legislators to insure their perpetual re-election were struck down.

A followup suit instigated by Majority Leader James B. Risch in federal court reached the same result. The courts all said 1errymanderin1 was unconstitutional. The le1islators reacted by passina HJ R No. 5 to make 1errymanderin1 constitutional.

SJR No. 117 happened because the Idaho Supreme Court has held that the State Water Plan adopted by the Idaho Water Resource Board on December 29, 1976, could not be amended by the leaislature. The particular suit, which was a spin-off from the larger Swan Falls litigation, was supported by Senate President Pro Tem Reed Budae and other legislators against the water board.

The courts said that water plannin1 was constitutionally immunized from p0litics. The legislators reacted by passing SJR No. 117 to put their political oars into state water policy.

In both cases the public won and the legislators lost. Both resolutions ask the public

to change the result so that the public loses and the leaislators win. The legislature is asking for a fifth quarter, an overtime after the games were lost, a nullification of a victories won in fair fiaht.

The sheer arrogance of the Republican leaderstlip (joined by Democrats on the water plan but not on reapportionment) should be insultin1 to the rest of us. Private litigants don't get to chan1e the rules, much less rewrite the Constitution.

The arro1ance was compounded in the reapportionment litigation. The State of Idaho was adequately represented by the Attorney General's office through two trials in the district court at Sandpoint and on the two appeals.

At the last sta1e. Risch, Bud1e and others, fearful of havin1 the public invade their protected fiefdoms, decided to hire a Boise law firm to further the litigation. This additional force did not bother Coeur d'Alene attorney Ray Givens who had insti1ated the lawsuit and brilliantly carried it to successful conclusion.

For participation at the last moment in the appeal and then for brin1in1 and quickly losing the federal suits, the Boise lawyers charged $56,000. The Republican majority paid that bill without blinking an eye.

At the same time the leadership refused to pay the cost and attorneys fees awarded against the state for approximately twice that amount representing two years as opposed to two months work claimed by the Boise lawyers.

The Judgment earning 18 percent a1ainst the State of Idaho for these attorney fees and costs remained unpaid while $56,000 was paid from your tax dollars for an unsuccessful defense of gerrymandering.

If you are mad enou1h, vote NO twice and help defeat both bad constitutional amend¡ ments.

Scott W. Reed Attorney and 'former member Idaho Water Resource Board

II

LETTER .....

We urge all voters to join us in protecting the Idaho Constitution and local control by voting NO on HJ R 5 on November 6.

Dear Editor: On Tue,day, November 6, we will vote on a state constitutional amendment known as HJ R_5. this proposal would destroy county bou~dar_ies for the purpose of drawing state leg1slat1ve

districts.

As

Republicans.

Democrats

and

In·

dependents, we ur1e the voters to say NO to HJ R

s Tbli amendment to our constitution wou!d ..,.ken eounties and concentr~te m~re powe~ in 8olse by tanorlna

county lines

in

drawing

districts. Local control is crucial if we to hoid our leaislature accountable to the

Sincerely, CARE FOR IDAHO Glen Walker, Kootenai Prosecutor Art Manley, Former State Senator

Bill Nixon Bev Bemis Patsy Walker, CARE Treasurer Tony Stewart

a

Ray Givens

le, Idaho already ranks last among the SO

Scott Reed

t• ln the

amount of local control the re permits the local government and oioDJe to have. HJR 5 as a propsed amendment ts·tit·oae more attempt to split and tear asunder

Vern Lannen, State Senator

rcounttes. very serious problem with HJR S is ad that the state legislature wou Id be given ~ to ~ander and thus create safe ffJR 5 thus threatens fair and open

~IOU'tef

i:aJ competition

~=--~

among the candidates

In the primary and general election.

V. 1\1

uother problem with HJ R 5 is that its

would eliminate the state constitutional

~ reapportionment, leaving us solely

the federal auldelines. A vote against HJ R 5

ts a vote for itates riahts and for loca I control.

Election 1984 ,

US

t Tuesday Panhandle voters will have one :best QPPOrtunlties In years to make a real· on tfle democratic process. In addition to select a president, U.S. Senator, &

c:on....,..an, Kootenai County voters )Viii

two county commissioners, a sheriff, na attorney, a coroner, and nine state 4iton (three senators and six represenutMII0.1he other Panhandle counties will face ~ ballot except for one less state senator two er state representatives.

In addition to all those choices, all Idaho ~ will have an opportunity to help decide f te of two proposed constitutional ~ t s and one Initiative. Each will require a simple majority vote to pass.

I aolna to vote "yes" on the Initiative to ••re the sales tax from food and "no" on the two constltutional amendments. Briefly, here's , On the tax, it's a matter of restoring .some f to the system. People In lower income brackets spend a areater proportion of their Income for food-because they have no choiceand therefore, a sales tax on food bears particularly heavily on them. Some years qo the lature removed the sales from prescription we've survived nicely since. I know

fo~r E;d~;;;;~

I Initiative - Yes

I

L~-~-:~-=~~~~~

the loss will have to be made up-and then some because the Reagan prosperity has not trickled down sufficiently in Idaho thus far that the economy can support leaitimate governmental needs without maklna some adjustments in our tax program. The legislature can make the necessary adjustments relatively painlessly if it has the will. Removing the sales tax from food will force the legislature's hand whether the will is there or not.

HJR 5 is the proposed constitutional amendment that would allow the legislature to split counties for reapportionment purposes.

Those of us in Kootenai and Benewah Counties Cont. On Pg. 35

Cont. From Pa. 6 know what that would mean; we only need to look back at the last election when our counties were so badly gerrymandered (split up into such crazy districts that incumbent legislators were insured of re-election but many of us effectively lost our vote).

Passage of HJR 5 would also guarantee that the legislature would waste much of its time fighting the reapportionment battle once again.

SJR 117 is a simple little amendment that would give the politically motivated legislature the power to overturn a state water plan or any changes in it. So far, at least, the plan has been developed by the State Water Resources Board on a reasonably fair basis without any apparent political motives. That board is appointed by the governor with conf irmation by the senate and must represent both political parties as equitably as possible. From a northerner's perspective, the present water plan is far from perfect but I have no doubt at all that it would be a lot worse if left up to the legislature.

-.111111111111------..... o"~ ._f'i~tters/ Family l~'~l .

(,IA' ..........

Vote down HJR 5 Nov. 6

Both amendments are before you now because the legislature had tried to grab more control than the constitution allowed; the Idaho Supreme Court said "no"; and now the legislature is trying an end run around the court.

As to the other ballot issues-the candidatesI have said before that the critical races this time are those for the state senate. The only contested races for the state senate In the Panhandle are the two In Kootenai County and the new floterial seat. The outcome in those three races may well determine whether we continue at least some vestige ot the two party system in Idaho or whether Idaho becomes as solid Republican as the deep South used to be Democrat.

There is no question but that the Idaho House of Representatives will continue to be firmly controlled by the Republican Party. There is a question as to whether the ultra right and its leader, Speaker Tom Stivers, will remain in power, although it seems likely that he will.

But Democrats, all through the Andrus and Evans administrations, have managed to hang onto at least one-third of the Senate mem¡ bershlp, thus protecting the Democratic governor's veto. But it has been more than just the veto. The combined strength of that potential veto and making it stick have enabled the Democrats to stay in a strong position and thus maintain the essential framework of the "check and balance" system as it was originally envisioned by both state and federal "founding fathers." The fate of that system in Idaho may well lie in the hands of Kootenai County voters comenextTuesday.HJR Sand SJR 117 Art Manley

..,

3

\.._

'Ille Cltnens' Alliance for Reapportionment EqualJty for Idaho (CARE for IDAHO> Is composed of both Democrats and Republicans. This bl-partlsan group urges you to vote "no" on HJR 5, the proposed Constitutional amendment that would allow legislators to dMde cowitles for the purposeof achieving reapportionment.

Study, as well as observation of other states points to several important Oaws In the proposal : 1. Adoption or the amendment would Inevitably lead to political gerrymandering.

2. Removal of State guidelines would leave us wtUt only federal guidelines.

3. The importance of the county as a poliUcal unit would be dlmlnl.shed.

4. The legislature would plunge Itself back into another even more lengthy

reapportionment battle.

Because sound poUtieal effort Is more desirable than expediency we urge you to vote: "DO" OD HJR 5.

GENEHULL

LARRYQUINN

an Profellon, TwlDFalll

.

Among victors and va,nquished, an amicable repast is shared A protracted, 1wo-year court battle over politics ~ould make b111er enemies of just about anybody, especi:iflv when one side is Democratic and ihe other Republican.

But Thursday nlght, the main players in Idaho's legislati ve ,reapportionmenl lawsuit put their legal and pol111cal differences behind them and shared a meal of Idaho salmon, elk, cheese. wine and wild huckleberries at the Idanha Hotel.

"I don't think there should be hard feelings at all," sa1d ¡ Secretary of State Pete Cenarrusa, a Republican; who lost the reapportionment battle.

The dinner was the outcome of a challenge between Cenar rusa and Ray Givens, a Democrat and the Coeur d' Alene attorney who represented the pl~mttrrs In the reapportionment suit. Givens had predicted th_at voter turnout in May's primary

election under the new, court-adopted reapportionment plan would be greater than the turnout In the May HJS(I prima_ry.

Givens lost: Tu111out in the May primary was 178,917; down from t h _e 199.81:15 people who voted in May 1980.

Giv~ns and his wife, Jeanne, who is running as a Democrat for the Idaho House, hosted the dinner. The guests were Cenarrusa and his wi fe Freda; Ken McClure, the deputy attorney general who represented Cenarrusa, and his wife Sally; and Bill and Gretchen Hellar, the main plaintiffs in the lawsuit.

Givens also mvned his ~ r ents, Ray D. and Allee Givens of Boise.

Items on the menu .a ll came from northern I daho, including smoked blue backs, a small land-locked salmon caught in Lake Coeur d'Alene.

Vote is rejection of gerrymandering Political scientist Tony Stewart says Idahoans are protecting selves

By LES TIDBALL Press Staff Writer

No more gerrymandering in Idaho.

That's what the voters' rejection Tuesday of House Joint Resolution 5 means, North Idaho College political scientist Tony Stewart said Thursday.

If approved, HJR 5 would have allowed counties to be broken up Into more than one legislative district.

"It was a referendum with a ringing message," Stewart said. "It Is a very serious blow to gerrymandering."

Stewart is the author of Plan 14-B, the redistricting plan that follows county boundaries and gave North Idaho addi· tlonal sea~ In a five-county floterial district. He was also active In the recent bipartisan effort to defeat HJR 5. ''Whether redistricting was beneficial to Democrats or Republicans - that's not the issue.'' Stewatt said. "The people simply gave themselves protection.

Whatever happens now with reappor· tionment, we know it won't involve crossing couoty lines."

Stewart said the voters' no vote on HJR 5 was a way to restrain their legislators. " If you have a plan that has just one man/one vote, you can divide cities and counties.'' Stewart said. 'With this vote, the people said 'no more gerrymander, Ing.' " Stewart pointed out that bis court testimony covered 24 years of elections in Idaho "looking at every precinct and every race. That's how we could conclude that the evidence was overwh c!ffl· ing that when you split counties, you have lower voter turnout. " Opponents to the court-ordered reapportionment plan had argued that Idahoans would be confused by the new districts and voter turnout would fall. Voter

Tony Stewart: "It was a referendum with a ringing message."

turnout was down a little on Tuesday compared to the record turnout of 1980, but did not fall significantly, according to the Idaho Secretary ~f State's office.

Stewart argued in the reapportionment court battles that Republicans were getting a disproportionate share of

legislative seats for the number of votes they received. Statewide, for example, Republican candidates collectively may have 55 percent of the vote, but they win 70 percent of the legislative seats, he said.

Stewart argued that bis methods of

reapportionment would make the system more fair.

But Republicans won an even larger share of legislative seats than they bad before, following the flnt use of Plan 14Bon Tuesday. What happened?

Continued on Page 4

the coeur d 1alene

Friday, November 9, 1984

Gerrymandering "Thia plan happened to 10 lnto effect when President Reagan carried Idaho by about 7S percent and Sen. McClure carried Idaho by about 72 percent," Stewart said.

"There wu' In this cue a ,reat coatttll.''

Stewart said be told the courts that the fainlea of I DOD-lffl')'DlaDdered plan would not be evident

after Jut one or even two electlona.

"YOII need at lent four electloal, two In prealdentlal years and two In

non-presidential yem, befon ,au can say wbetber tbe plan worn or not." Stewart llld. "It would be unfair to uy It didn't work bued Jut OIi tbla one year."

Stewart llfd tbere ...........

of dhlltlctl, ~ 1 1 1

bo

mare

f6.

__;;,,;Con=tln~lled.....;..fro.;.;,;.;.m..;;..;..;Pâ&#x20AC;˘1::.;..;e.;;.__ _ __

was going to benefit the moat from the plan," Stewart said. "Tlaat'1 tbe best evidence there la that there

wu no prrymandertn,."

Stewart aald that electiom In North Idaho received more local altenUon than before, due In part to the lack of confusion over wbo votes for whom.

25 Cents

Don't change rules

~ m

a

~ 0

en

E m

en !i: > z

CD

0

ii'

lmagine a football game in progress. Suddenly a referee blows a whistle, and the team ahead on points is allowed to change the rules of the game to make the contest more one-sided. Unfair?

You bet, but that scenario is an exact analogy for the action proposed by HJR 5.

Since 1966 Idaho legislators have ignored one of our most basic rules of law for reapportionment. Idaho's constitution forbids splitting counties to create a legislative district. In spite or that rule, 22 of Idaho's 35 legislative districts split county lines in the legislative plan for reapportionment adopted after the 1980 census.

A few Idaho citizens said "enough" and sued for court protection of their constitutional right to county-line integrity. The court ordered our lawmakers to play the reapportionment game by the rules. The Legislature has spent hundreds of days and many thousands of our dollars trying to pro_tect lhe huge advantage of their safe legislative districts that almost guaranteed re-election to incumbent legislators.

They failed because any plan that protected incumbents did not mee~ the court rules for fair apportionment. The court put its own plan that did follow both state and federal guidelines in operation for the. Nov. 6 election.

They are asking you to approve an amendment to the Idaho Constitution, HJR S, that would allow county lines to be ignored for reapportionment purposes. If you care. ~bout states' rights, county Integrity and fair play, don't change the rules in the last seconds of a lopsjded game. Vote no on HJR 5. - MAURINE S. DARLING, Boise :::r {) S""f lf~,rtc1,L

Reed raps rate request

By SUSAN TOFT p,... Staff Writer

Forcing Idaho ratepayers to cover the cost of the cancelled Skagit/ Hanford nuclear power plant ls like being asked "to pay for a car you can't ride in," Democratic legislative candidate Mary Lou Reed aa.ld this morning.

In a Joint press conference with

Sen. Vem Lannen. ~Pinehurst, at Democratic headquarters in Coeur d'Alene, Reed said Idaho residents should not be required lo pay for

WWP'a "coloual'' mistakes.

"The Skagit power plant is a dead horse," Reed said. ''Now, Washington Water Power wants you to pay for It." Idaho ratepayers had no say In the planning of the power plant, ahe said, during which studies showed power projections were ov-

errated.

"It's not much fun now

to

say I

told you so," she said.

WWP is seeking a 28.6 percent electricity rate increase to pay for

operating and maintenance costs. a need for a higher rate of return on common equity and to recover Idaho ratepayers' share of the money WWP spent on the cancelled Skagit/Hanford nuclear power plant.

The three-member Idaho Public Utilities Commission will open bearings at 10 a.m. Wednesday on the 11184 general rate increase. The bearings. scheduled to continue through Friday, will be held in the BoMer Room of the Student Union Building at North Idaho Colle1e.

" Idaho law requires tha t ratepayen be charged for a utility plant only if il la ¡used and useful.' only if it is producing electricity tbal customers can use," she said. " If that law proves to be inadequate to cover 'dry holes' like Skagit and WPP$ 3, as a stale senator I will work to change that law."

Reed said tbal although IPUC staff wUI recommend that colts for Skagit be denied, WWP will probably appeal the decision to the Supreme Court.

The Supreme Court's record In ratepayer cases "has been bad," A special evening hearing for Lannen said. " Maybe this will send public comment is set from 7-10 a message to them. " p.m. on Thursday. All meetings, Lannen was Instrumental in however, are open to the public. steering an anti-CWIP (constrocLannen and Reed both believe tlon-work-ln-progress J bill through IPUC has the authority to deny the last Idaho legislative session.

WWP'S requests for increased rates " We're not prejudicing the Su¡ to cover lts investments.

However, if current laws prove to preme Court or the IPUC," Lannen be inadequate, the polltlcans plan to said. "Our responslbllty is to say if work for legislation to protect the these things happen, we're in there fighting.' ratepayers, Reed said.

TA D UP F R IDAHO .· ''NO'' on HJll 5 I

A PROPOSED CONSTITUTIONAL AMENDT WOULD ALLOW LEGISLATIVE DISTRICTS OUNTY LINES.

E COURT ORDERED AN END TO GERRYERED LEGISLATIVE DISTRICTS WHICH IGNOR~•1et:-r:T:1U TY LINES ADA COUNTY MADE A 47% GAIN l:41i1F:PS:tli"!AENTATION IN THE LEGISLATURE.

TECT THE CONSTITUTION T CT STATES' RIGHTS rJECT COUNTIES

''NO'' on HJll 5

ID BY CARE FOR IDAHO. Pat Walker. Treasurer

STheldaho tatesman Saturday, C>Gtober 27, 19f'J

Where we stand

'No' vote urged on county-lines ballot proposal We urge voters to tum down a proposed constituonal amendment that would allow legislative districts to cross county lines. This position is a ,change in editorial policy, but one we feel is justied for several reasons.

The amendment, HJR 5, was born of reapporionment hassles. Districts had crossed county \jnes despite the Idaho Constitution's ban since the .one-person, one-vote U.S. Supreme Court rulings of the mid-1960s. A 1983 state Supreme Court ruling forced the Legislature to follow county lines in its qecennial redistricting chore. The Legislature failed in that job because it fell victim to partisan 'politics, leaving a state district judge to come up with the current plan.

The best argument for retaining the county-line wovision is that it gives cities and metropolitan areas the political strength they so long have Jacked in the Legislature. Ada County now has -seven separate dJstricts plus the countywide 0 noterial" district, for a total of 24 legislators. Before, Ada County bad five self-contained districts with IS legislators. Three other districts reached in to represent parts of Ada County, and only two of .those legislators lived in Ada County. Next year's J..egislature will be 20 percent larger, but Ada County will have 47 percent more representation.

By ignoring county lines, legislators can more easily gerrymander the districts and preserve each others' seats. The goal of reapportionment should be the best possible equal representation of Idaho's people with regard to geographical, economic and social interests. Political controJ and selfish attempts to retain incumbency should not play apart.

Counties ate established legal and social entities with which people identify. Voters can keep better track of which legislative district they live in if the districts are kept within counties.

The current 14-B redistricting plan has its flaws, such as the unwieldy, at-large, multimember district in Canyon County where voters elect three senators and six representatives, along with floterial legislators. But the drawbacks of 14-B don't mean county lines should be violated.

The ultimate solution to Idaho's reapportionment problems lies in another direction. The Legislature had several opportunities last session to come up with an acceptable reapportionment plan of its own, and fumbled each chance. In light of the Legislature's failure to handle its reapportionment responsibilities, the best solution would be to put a non¡partisan commission in charge of reapportionment, as voters in Washington state have done. That's the constit.utional amendment on which we should be voting.

:M arv Lou Re d _

10A

L

Thursday November15,1984

'P

of life in Idaho since 1864'

Legislature's freshmen offer quality, moderation The freshman class of the 48th Idaho Legislature will be one of the largest and may be one of the most powerful in state history. It also seems 10 be a class of people with Rod uncommon ability and quallflca11ons.

Take, for example, Mike Crapo, Commentary 3.'3, nn Idaho Fall!i Republican elected to the Senate. Crapo gradua1ed near the top of his class from ' l had an opportunity to meet and Harvard Law School. Later he interview many of the 44 freshmen clerked for a federal judge on the dur'lng a tour the legislators made or 91h C1rcu1t Court of Appeals and northern Idaho this week. For the afler that worked in one of Callformost part, the freshmen l inter111a·s largest law firms. viewed were intelligent, well-edu· La rrey Anderson, 31, who will cated and younger than the average serve as a Republican senator from legislator.

Twin Falls, has a degree in phllos~ Freshmen often come to the phy and comparative rehgions from Legislature on a mission to save the Harvard and is close to getting his world. J was struck by how many of doctorate an philosophy. He as hard these freshmen acknowledged that al work on a novel about Russia. they don't have all the answers ~nd L. Ed Brown, 47, elected to the were modest about the contnbuHouse as a·Republlcan, is ma.,YOr of llons they could make. . .

Pocatello, associate director of the Gary Robbins, R-Dietrich, a cert I· Mormon Institute at Idaho State fied public accountant elected to the University, and holds a doctorate in House, hopes to get a seat o~ the education administration.

Revenue and Taxation omm1uee, Jeanne Givens, 33, a Coeur where he can put his knowledge of d" Alene Democrat elected to the taxes to work. "lf l have any 1nnuHouse, will be the first NatlV'e American woman to serve in the ence at all, l will be lucky," he says.

Legislature (her uncle, Joseph Most of the freshmen described Garry, was the first Native Amerthemselves as a "mainstream Reican legislator In Idaho). Givens is a publican" or "conservative." They former probation officer, college seemed to shy away from the teacher and now works as a private "ultra-conservative" tag. consultant on child foster care and Almost to the person, the lncom• adoption.

Ing legislators said they were thrifty The freshman class also Is ma<le on fiscal matters, but want to make up of people who are anything but sure education and other necessary fresh when It comes to working in state programs are funded ade: and understanding state governquately. Surprisingly, many said ment. they might vote for a tax increase if Phil Batt. a Wilder Republican, is It was necessary to fund state pre>' r tuming to the Senate after a sixgrams responsibly. year absence during which he The freshmen also are concerned served as lieutenant governor and about the state's economy. They ran for governor. Before that, Batt talked about the government help. was Senate majority leader and Ing to Increase tourism and farm expresident pro tem. ports and to attract business.

Newly elected members of the The tone of these legislators wait House include Republicans Janet not the vehemently antl-govemmen Hay, Nampa, who served 12 years one that has been heard from some on the state Board of Education, and Idaho politicians In recent years, Reed Hansen, Idaho Falls, a former Surely they want a minimum of gov• member or the Idaho Water Reernment, but they see the govern• sourc •s Board. ment playing a positive role in solv• ing the state's problems.

Gramer

Sance ttie election, there has beeri some concern that the Legislature would be radically conservative now that the Republicans control two thirds of both houses. My sense is that many freshmen Republicans are not in & radtcally conservatlv~ mood, nor do they want to punish the greatly outnumbered Democr.its.

Legislation like right to work and repeal or the Little Davis-Bacon Act probably will pass. On other matters, though, the incoming Legislature probably will not be overly conservative. I see coalitions forming to push through a reasonable state budget and support other programs.

With freshmen comprising one third or each house, the clout of the freshman class will be rell an these matters and in many other ways.

Perhaps the most immediate and important way the freshmen will be heard will be in the selection or the legislative leaders.

The freshmen do not seem like the kind who will be led easily around on a leash by the leaders. They are too informed and independent a bunch for that. They seem to be looking for leaders who are conservative, yet fair and open-minded.

In recent years, the Legislature has not had an illustrious image with the public. Some in the freshman class hope to change that. If their record as legislators measures up to their private accomplishments, they may succeed..

Rod Gramer is The Statesman's polirlcal editor.

Rep. Al Average 52, native, farmer

By CHARLES ETLINGER The Idaho Statesman

If you could put Idaho's 126 legislators In a big blender, stir them up and pull out an "average" legislator, what would you get?

If a Statesman survey 1s any indication, you'd get a 52-yearold male farmer or .rancher, or perhaps a businessman who was born In Idaho and served in the military.

He would have served In the Legislature nearly five years, and would not have held any other public office.

He would have a college degree and perhaps some graduate training, and he would earn $25,000 to $40,000 a year.

He also would consider him-

self a conservative, perhaps with some moderate leanings.

These were the findings of a Statesman survey of the 1985 Legislature. The survey was prompted by the 1984 reapportionment that added 21 lawmakers to the Legislature. That change, after November's elec¡ tion, resulted in nearly one-third of the members (40) serving their first term.

Ninety-four members responded to the survey, lncludlng 81 percent of the senator!. and 71 percent of tt\e representatives.

Most of the respondents gave their names.

One of the most surprising results may be the number or legislators who consider themselves moderate.

Reapportionment add ~

CHARLES ETUNGER

The Idaho Slatesmln

The Idahe Leglslat\mt long regarded as dominated by rural folk, appears to be gaming In city-dweller representation.

But tbal posstble effect of 1984's l~tfve ~ ment does not mean the pdlieymaklng bQdy has beeoale .ÂĽY

less conservative.

Profes ione

BA

Legislative survey

Survey Continued from Page 1A

themselves modera te-conservatives.

Democratic moderates far outnumbered Democratic conservatives, 23 to six. Republican conservatives were far more common than Republican moderates, 43!(2 to 17!(2 , and the three legislators who said they were very conervative were Republicans.

Idaho Democratic Party Chairman Mel Morgan, commenting on the rankings, said, "If a guy wanted to take a sheet and name them, there are more than three â&#x20AC;˘very conservatives.' '' â&#x20AC;˘ One House Republican, who was unwilling to check any of the labels offered, described himself as a "progressive conservative," while a Senate Democrat called himself a "sensible conservative.''

The survey results on political philosophy may be skewed by the number of lawmakers often considered conservative or very conservative who did not respond.

Also, 29 of the Legislature's 33 Democrats responded, accounting for more than half of those who said they were moderates.

None of the lawmakers checked the liberal categories, although a "moderate" Democratic senator wrote that "liberal is seldom used in anything but the pejorative ~nse by active politicians in Idaho. I'm comfortable with 'progressive.' '' While the Legislature often is said to be representative of the Idaho electorate politically, survey results indicate that is not true demographically.

Figures from the 1980 Census, provided by the Idaho Division of Economic and Community Affairs, indicate that Idahoans are yaunger, less educated, less prosperous and more often female than those who represent them in the Statehouse.

The average age of an Idaho adult who is older than 21 - thus old enough to serve in the Legislature - is 40, a dozen years less than the average age of the Jawmal<ers surveyed.

The average level of education for- Idahoans older than 25 is 12.6 years - equal to one-half year of college - about four years less than the average legislator responding.

The average 1984 household income in Idaho was $19,400, well j below that of the average re- 1

spending lawmaker, whose personal income was typically reported to be in the $25,000 to $40,000 range. Seven legislators, of the ~ who listed figures, reported incomes of more than $60,000 and seven said they earned less than $15,000.

While women make up half the Idaho population, they compose only 18 percent of the Legislature.

Their numbers have been increasing in recent years, however. A decade ago, just 10 women served in the 105--member Legislature. In two years, the number had climbed to 16, and 23 women now serve in the Legislature. ¡ As a group, the 18 women responding to the survey said they were less conservative than their male counterparts. Ten said they were moderate and eight said they were conservative.

The Statesman asked lawmakers to list their jobs, but also ob-

lained additional data from the Legislature's official directory.

By occupation, the Legislature is made up of 39 farmers and rancher:,; 31 legislators in various kinds of businesses, including insurance and real estate, with seven in construction; 21 professionals, including 10 lawyers; 14 retirees; 10 in education; five homemakers; and two loggers.

Only one is what could be described as a blue-collar worker.

Among those reporting their reLigion, 39 indicated they were Protestants, mostly of main-line denominations, such as Methodists. Thirteen said they were Catholics, and 24 said they were Mormons.

Twenty-five (30 percent of those responding) said they had held other public offices, most of which were scattered among schools and city and county governments.

Four had served as county com-

missioners, eight on school boards and five as city councilmen.

Also serving is a former state tax commissioner, a former member of the State Board of Education and a former member of the Idaho Water Resources Board.

The proportion of those who have served in the military increases dramaticaJly when the female legislators, none of whom listed service, are taken out.

Some 61 percent of 75 male legislat.ors responding to the question said they had been in the military.

Idaho natives composed 66 percent of those responding, and several lawmakers indicated they came here as young children or had lived here for many decades.

The average lawmaker responding has served 4.8 years in the Legislature, with Republicans averaging 4.1 years anct Democrats 6.5 years.

/

THE IDAHO STATESMAN, Boise

.

"

Totals Republlcana

Democrats

45

15

Republicans Democrats

65

29

All

94

Sunday, February 24, 1985

Legislature Continued from Page 1A

cent.

Businessmen make up 50 percent of the Senate's newcomers, compared with 25 percent of the veterans. In the House, there is a parailel but smaller difference of 7 percent.

"Reapportionment, in creating 21 new districts . . . provided a clear opportunity for the shift toward urban members," Peterson said.

But that was not because voters favored urban vs. rural representation, he said.

He noted that most of the new districts are in urban centers such as the Nampa-Caldwell area, Boise, Idaho Falls or Pocatello.

Results of a survey of the Legislature by The Statesman suggests that more of the 40 new legislators consider themselves conservatives than do their experienced counterparts.

Among the 93 lawmakers who listed their political leanings, 18 newcomers called themselves conservative while eight called themselves moderate. Only one listed himself as very conservative.

But 31 ~ veterans called themselves conservative and 32~ said they were moderate. Two said they were very conservative. The one-half figure accounts for those who split their preferences.

Gary Moncrief, a Boise State University political scientist, said the 1985 Legislature ls the most conservative he has seen In more than a decade. But he added, "I don't think It has a great deal to

do with reapportionment."

On the other hand, the northern Idaho delegation has become

more moderate with the defeat of some very conservative lawmakers, said Tony Stewart, chairman or the social science division of North Idaho College and an architect of the adopted reapportionment plan.

Reapportionment had an im¡ pact because the djstricts in northern Idaho have changed sig¡ nificantly, Stewart said.

Professor Sydney Duncombe or the University of Idaho said his gut feeling is that reapportionment did not materially change the conservative/liberal composition of the Legislature.

"There's maybe a slight shift to conservative, but that could be easily accounted for by the Reagan landslide," said Duncombe, who heads the U of l's bureau of public affairs research.

While the overall tenor of the new Legislature is a little more conservative, "if anything," it is "a little more open to responsible reasoning," said House Minority Leader Jim Stoicheff, D-Sandpoint.

"There's lots of new talent and they're good people and they don't seem to be sheep," Stoicheff said.

Sen. Phil Batt, R-Wilder, the Senate's majority caucus leader, said the quality of the tawmakers "is better than I've seen In some time."

One result of reapportionment is that the "average'' lawmaker this session has about a year less legislative experience than the legislators of the two previous sessions - 4.8 years versus 5.7, according to data in the Legislature's directories.

Lesson given to politicians By the Sandpoint Dally Bee First District Judge Dar Cogswell of Sandpoint used a Jot of technical legal lanKUage in deciding that it is legal for two Coeur d'Alene attorneys to garnish tax receipts fc,r a bill the Idaho Legislature bas refused to pay.

It is easier to say simply that justice hae been served. It should also be noted that the case is not important to just the two attorneys. The case in question bas been Important to eve.ryone who lives in Idaho, although not everyone may fuUy understand it.

Cogswell ruled Monday that, despite objections from the state Attorney General's office, Albertson's supermarket chajn must make $142,497 of its sales tax receipts available for garnishment by attorneys Ray Givens and Bill Nixon.

That amount represents attorneys' fees that were incurred when a group of North Idaho citizens and local governments look the state to court over the 1982 Legislature's reapportlonment plan. The North Idahoans beUeved the 1982 reapportionment plan, which establlshed new legislative voting districts, violated the state Constitution because it divided counties up into dlfferent legislative districts. The plaintiffs contended the plan was badly gerrymandered did not provlde fair representation for the people of the state.

The ensuing two-year court battle proved the North Idahoans to be correct, and in 1984 a new courtordered reapportionment plan was used for the e1edions. Cogswell later also ruled that the atate, since it was wrong in the case, should pay attorney's fees.

Legislators, however, still mad that their own dishonest reapportionment plan had been thrown out, refused to pay the bill. Thus the attorneys, In an unusual move. garnished the state sales tax receipts from All>ertsons to collect the bill. Cogswell 's decision Monday was that it ls legal for the attorneys to do so, which paves the way for them to collect their money.

Because so much of this dispute has been very technical, many Idahoans probably have not closely followed It. Nonetheless, Lt has established several important precedents in Idaho. A group of citizens have taken a group of politicians -the Legislatureto court because of their shady dealings, and the citizens have won every step of the way.

It was Important to us all that the two lawyers be paid for their work 1n'this case. In this instance the lawyers represented the public good by attacking a wrongdoing of the polltlcians in power. If the politicians were allowed the last laugh by refusing to pay the court costs, In the future citizens would be reluctant to take on those in power. As Cogswell wrote In his decision Monday, "It would be highly unlikely that attorney and witnesses will again be willing to sacrifice their time. finances and personal business to enter into such a difficult, protracted Litigation without a prayer of receiving reimbursement."

The 1982 Legislature was wrong to try to pass off its crooked reapportionment plan . The state Attorney General was wrong to continue to defend that crooked plan , at escalating costs to the taxpayer.

Citizens may lake solace. however, that First DistPict Judge Dar Cogswell has been willing to lake on the Legislature to see that Justice be served . Let us hope the politicians have learned a lesson.

C2

SUN ., J ULY 7, 1985, NORTH IDAHO SUNDAY

Opinion

Legislature's unpai<l legal bill angers many

By QUANE KENYON

AMOC!ac!ld Prtu

BOISE - Some private negotiations will be held here in the next week in an effort to resolve an unpaid bill which Is coating the state of Idaho $71 per day in interest.

That unpaid bill, brought up Tuesday before a state Board of Examiners meetiag, caused hours of negotiations among state attorneys. And it generated sharp criticism of the Legislature from both Republican and Democrat members of the board and an executive of one of the state's largest corporations, Albertson's Inc. For the last 18 months, the Idaho Legislature has refused to pay a legal bill wbJcb started" at Sll3,000 and now bas reached nearly 41501000 due to interest.

The bill is due Coeur d'Alene attorneys Ray Givens and William Nixon. They bandied a lawsuit challenging the Legislature's 1982 reapportionment plan. They

â&#x20AC;˘

won, and were awarded legal fees by 1st District Judge Dar Cogswell.

The Idaho Supreme Court early in 1984 approved the judgment, but the Legialature bas refused to pay the bill In debate before the Idaho Senate, Senate President Pro Tern James RI.sch, R-Boise, told memben since there wu no fund or appropriation aet up to pay the bill, the state didn't have to pay il Officials of Albertson's told the Board of Examiners the corporation doesn't appreciate being caught up in the battle over the legal fees.

Board memben then tried to set up a meeting between Risch and House Majority Leader Jack Kennevick, R-Boise, and the Albertson's officials to explaÂľi tbe problems being caused because the Legislature refuses to pay the bill.

But at a special noontime Board of Examiners meeting state attorneys involved reported Risch asked for more time to negotiate a settlement privately.

The legal battles have been through two district That apparently must be done by Monday, when the Legislative Council meets. The council makes legisla- courts and Attorney General Jim Jones said Tuesday he has asked the Idaho Supreme Court to rule. "There tive admlnlstrative decisions.

Risch couldn't be reached for comment. Kennevick is no question that it ls a valld claim against the state said later be wasn't contacted. But be said there were and It should be paid. But the Legislature has refused a couple of ways t.he bill could be paid, such as the to do it," said Jones.

Gov. John Evans, specllically critical of Risch, said Board of Examiners diverting funds from some other source, then asking the Legislature next session to ap- t.he time has come to end the foot-dragging. "The Board of Examiners must take a very firm stand on propriate t.he money.

Tom Salvine, senior vice president and senior coun- this. It Is irresponsible for the Legislature to go along sel for Albertson's, said it was "irresponsible" and wit.h this. They need to face reallty." ''We resent being involved," said Salvine. Be said "unconscionable" for the Legislature to refuse to pay a the Legislature was setting a "bad example" for the legal blll.

Albertson's is involved because Givens and Nixon rest of the state by defying judicial orders to pay the . tried to garnish sales taxes collected by the corpora- bill.

Be said the supermarket chain ls suffering disruption to satisfy the judgment.

Salvine said t.he nationwide food store chain finds tion of business and legal bills but is "an innocent paritsell Involved in a time-consuming and costly legal battle, and wants no part of it.

(Contlnaed on page 7)

Unpaid---<ContJnued from page'>-credit ratinf" Givens said after the session that if the state continues to refuse to pay its bill, it could cause a serious constitutional crisis, with an arm of state government flatly refusing to obey a court order. He likened it to the Watergate crisis in the waning days of the adminlstratlon of Richard M. Nixon.

In the meantime, said Givens, be will wait to see what happens at next week's Legislative Council meeting before deciding if further legal steps are necessary to collect the money.

Givens was asked whether collecting 18 percent interest on a Judgment or nearly '150,000 could

be considered a good investment.

"One of the flnt tbinp they teach you in IChool is that 18 percent of notblng is sWl nothing," sald Givens.

WEDNESDAY, JULY 10, 1985

Taxpayers' bill for legislative fight may hit $250,000

By Q(JANE KENYON Niocllled " -

BOISE - If the Idaho Leplature and tical leaden ever get tbiowdl bickerover reapportionment, the 6Ull could

i

cent, S71 per day or abclat PoO per week.

that continues. Tbat baa forced the corpo-

Glfflll and ·Nmn haven't ~ aa ration to attend several court beartap. bard u they mlpt for payment, becaaae At the recent Board of Ezamlners meetan investment paying 18 ~ t llll't bidl. ln&, Albertson's executives, saying the But, u Givens put lt last week: company wu an innocent victim in the dla-

bl $250,000.

Tbat'a becaaae tupayen are footing the lepl coeta for botb afdes - and could wind up paytng attorney fees for an Idaho co~ ration that deecrlbes itlelf as an "innocent victim."

For 18 montba, Republican leaders of the Leglalature have refused to pay legal fees awarded Coeur d'Alene attorneys Ray Givens and William Nmon.

Although the~ don't like it, the Republican leaden don t dispute the state owes the bill, but claim there's no money to pay ll The argument la curious.

A year ago, a Boise attorney hired at $600 per day to argue tbe Legislature's case submitted a bill for $56,713.52 - and the Leglalature promptly found money to give Eugene Thomas bis fees. The Senate paid 40 percent of the bill, ,22,685, and the Rome the rest.

Meanwhile, the original Sl 13,000 award to Givens and Naon bas grown to about $142,~0. Inte{eSt la piling up at 18 per-

MONDAY, JULY 15, 1985

'I haven't Hen any money yet. And one of the flnt thing• they tacb you la tldool l• that 18 percent ol notblng I• .tJU nothing.'

"I haven't seen any moaey yet. And one of the first things they teacli you in school ls that 18 percent of nothing is still noth-

pute, scolded the Legislature for lta "irreaponaible" action in refusing to pay the

1ii•~ apparently bolled down to perlOlµllltles, with the Republicans wbo control the

Stivers responded later that be dldb't need Albertson's good will because be's not running for major office. He blnted that officials supporting Albertson's pleas to get out of the case were dotng so possibly in return for future political donations.

Legislature - House Speaker Tom stlven President Pro Tem James Rlsch - holding oat against payment, and virtually everyone elie agreelng it's a valid bill and should be paid.

In March, Glvena and Naon tried a novel ploy. They attempted to garni8bee sales taxes collected by Albertson's Inc., one of the state's largest corporations, an effort

ancl Senate

bll1. .

Stivers said be hoped private negotiations today in Boise could end the dispute.

Rlsch bas led leglalative opposttlon to paying the legal fees. lie and other Republican leaders weren't happy in the flnt place when lat District

:Wh ere we stan d

~o c,J,:Ji,,11-4,..

7-is-es

Lawinakers set [bad exrunple /for rest of us f

:

Idaho's legislative leaders, the men who help write the laws that the courts enforce and that we <obey should practice what they preach and show Pocatello, Idaho Thursday, July 11 , 1985 : 50 m~respect for the courts.

PAGE .C·SECTION A • ·. Jns1ead, the Legislature has refused to obey o : : COUrt Order requiring il lO pay auomcys fees In a .: case Lhe state lost. ~· Because lhe Legislature is such a sore loser, Al: bertson's Inc .• which had nothing to do with the • issue, has been dragged into Lhe middle of a costly : legal mess. . hen the Idaho Supreme Court struck down the · Senate President Pro Tern James R1sch, Legislature's reapportionment plan in 1982, lhe lawmakers • R-Boise, and House Speaker Tom Slivers, R-Twin didn't like It. They liked even less the court's directive to pay Falls hold the solution to this problem. The Leglsthe legal bilJ of attorneys Ray Givens and WUliam Nixon, who lativ~ Council, on which they sit, was scheduled 10 represented plaintiffs in the reapportionment challenge. : meet today. We urge these two men to approve · payment and Jay this matter to rest.

So the Legislature has refused to pay the attorneys' bill : The dispute stems from a court chul.lenge _to t~e currenUy In the amount of $142,497.05 - and risjng. In state's 1982 reapportionment plan. Ftrst D1stnct retaliation, the attorneys obtained a court order seizing about ~ Judge Dar Cogswell overturned the plan and or$142,000 In sales taxes collected for the slate by AJbertson·s : dered the state to pay $l13,000 in auomeys fees to food chain. DI trict Judge Dar Cogswell on July 3 ordered that :. the two lawyers who won - Ray Givens and Wilthe garnished lax money be paid to Givens and Nixon to satisfy ; 11am Nixon of Coeur d'AJene. The state never has their claim for attorney's fees and costs. ; , paid, even though the Idaho Supreme Court twice , has affirmed order of payment.

Now, Attorney Gen. Jim Jones is asking the Supreme In response, Mr. Givens and Mr. Nixon slapped Court to overturn Cogswell's order. His reasoning is sound: "If : liens on all state-owned property and obtained a everyone having a claim against the State or Idaho were : writ of execution for lhe garnishment or sales tax allowed to go out and seize state property, the state's : collected by Albertson's in the amount owed them budgetary situation would be in even greater chaos than it is at . - an amount that has grown to about $147,000 be· the present time."

• cause of interest charges. The state subsequently On the other hand, If the legislators complied with court : challenged the garnishing of the sales t.ax, but , Judge Cogswell on July 3 issued an order ruling orders, there would be no need to garnish state property. that the sales tax was subject to garnishment The We don't know if the legislative leaders refused to --: company and the state have filed separate notices appropriate funds to pay the claim because they disagree with ·: of appeal stemming from t~t order. . . the principle that persons who sue the state successfully may . AJbertson's finds itself an mnoceot v1cum on Lhe be reimbursed for costs, or whether they challenge the judicial : horns of a dilemma. On one hand, it faces Judge system's right lo order lhe Legislature lo do anything. But if ·- Co,gswell's requirements. At the same t!me,. th 7 the legislators are above the law, as interpreted by our state's -- state Tax Commission has told AJbertson s lt 1s h· :. able for the saJes-tax money it owes to the state. highest court, why should the citizenry be bow1d by its : Sen. Risch, himself a lawyer, said attorneys fees provisions? That Is a far more Important question than how :: are granted in cases in which an attorney rende_rs claims against the state are satisfied. ·· some service for the benefit of the general public, The matter needs to be resolved. Albertson's is an · and said he doesn't think that was done in this uncomfortable pawn caught In the middle of the dispute, and ·- case. the Interest cost to the state mounts with each passing day. :. He also disputed the courts' ability to tell the :: Legislature what to do. "We can't tell lh0e courts • how to decide cases, and the courts cant tell us .: how to spend money," he said.

• Those aren't serious arguments. Acceptance of • court orders isn't contingent on an individual as; sessment of the public good. And whiJe it's true e.., that lhe Legislature doesn't tell courts how to rule, . it- creates the law that guides those rulings. In -1 tum the courts instruct the Legislature on many • matiers - from ruling on a new law's constitution• ality lo overturning a reapportionment law. Each : branch of government must respe.ct th.e other. .:Legislative leaders can end this mistaken con• troversy. They could approve payment fro~ ~e legislative account, pending whatever actt0n 1s necessary by the rull Legislature. Why not? After ult, that Is th same fund out or which the Legislature paid more than $56,000 to t'he private attorney : it hired during the reapportionment bullle.

J

A More Serious Question W

-

Reap po rt iOn men t Bi 11 Squab bIe Ma y"=c~O'S°fTcfah"0'"°$25(f,'O'o(r He nnd oUler Republican leaders weren't happy In

BOISE

lhe llrsr place when First OisLr lel Judge Oar Cogswell ar Sandpoint ruled that the Lcgl!:lalure's 1982 leglslaI ve. redlstrlctmg plan was unfair

I

I lhe Idaho Legls.l ulure 11nd political leaders ever get through bickering over reapportionment, Lhe bills could hll $2$0,flQO, That's because taxpayers are fooling the legal costs ror both sides - and could wind up paying allorru,y files for an Tdaho corporation that describes llsl!II as an "Innocent victim " For 18 months, Republlcan leaders of lhe Legl!IIB• lure have refused to po)' legal fees awarded Coeur d'Alene attorneys Ray Givens and \Yllllom Nixon.

Although they don't like 1l, the Republlc:an leaders don'l dlsputo tho stale OWl?S Ute bill, but claim there's I\O mont'y to pay It. The argument Is curious.

A )ear ago. a noise auomey hired at $600 per doy to arguP. Lhe Legtslnturc•s ens-e submllted a bill Cor $511,71~.52 - and lhc Legjsla1urc pmmplly found money to give Eugene Thomas hla fees. The Senate petd 40 percent of the bill , $22,685, and the House the rcsL , Meunwhlle, the original $113,000 aword to Givens and Nixon has grown lo about $142,000. Interest Is piling up al 18 l)<!rcenl, $71 per day or about S500 per week .

Givens and Nixon ha\len'l pressed as hard as they might !or payment, because an Investment paying 18 percent Isn' t bad. Bui, as Givens put ll lllls week : " I haven' t seen any money ye!. And one o·f the llrsl lhlngli they leach you In school is lhal 18 percent of nolhlns !s still nothing."

It's apporenlly boiled down lo personalllles, wllh lhfl Republlcans who conlrol 1he Legislature - House Sp.,aki,r Tom Slivers and S nale Pre,;ld '1l Pro Tem Jomes Risch - holdlng oul ag,alnsl payment, and

QUANE KENYON vlr1ual 1 y evoryone l!lse agn!t!lng It's a valid bUI ond should be paid.

In March, Givens and Nixon Lrled a novel ploy.

They ate.empted to garnish sales taxes collected by Albertson's, Inc., -one of the state's largest corparaUons, n eno,t 1lhal continues. That has forced the corporation to be represented at a series al eourt !lee rings .

And al the re.cent Board or Examiners meeting, Alberlson's executives, saying the CQmpany was an "Innocent vlcllm" In Ille dispute, scolded the Legislature fqr Its "tr-responsible" action In refusing to pay lhc blll .

Stivers responded In an lnler\Olew lhal he didn' t need ,\lbertson's good will because he's not running Cor maior aHice. l:Je hinted that officials supporUng Albertson's pleas lo gel out oc Lhe cose were doing so posslbly In return for lulure polll,eel donations .

Slivers, In a later Interview, said be hoped private negoLl~tlons In Boise lhls, Monday could end lhe dispute.

Rl~ch ~as led leglslaUve opposition to paying the lci::111 f l'P.ll.

And even lhat plan wusn't drawn up until a special session In 1982. wMch Itself added $50,000 or so to the ~ost ol the plan He and the others were ev~n less happy when Q>gs-•,ell used lhe "private attomey genera.I" lheo,;, to eward Nixon and Givens logaal fees.

The theory holds that If private ciUums successfully challenge state laws, they can be awarded legal lees, IC ll con be shown that the decision Is of statewide lmporlance The Idaho Supreme Court ustalned the rulln~.

II was Lhe !lrst lime the theory had been used ln Idaho, and may be the last. The 1985 Hquse passed a blll repeating the pracllce In Idaho 8111 Sen. Roger Fo1rehlld. R-Frultland. killed It In his Senate Judlcla,;, Committee.

Allomey General Jim Jones again wl!J ask the next session to repeal the practice Allorneys Dltendlng n CQnference with Albertson's uecut lves over the garnlshed sales loxes reported the compony Is less than happy over being Involved - and may me a claim for legal fees agalfllit the slate. Thol could add SI0.000 to $2\1.000 10 the slate's bills.

The whole proce was nearly settled In the last leglslallve session. House leaders agreed to appropriate SI 1:1.000, (he original legal bill without Interest Givens says he agreed to accept one-third ll's-s Interest. but wonted tho rest .

There was no L'Ompromlse end lhe bill died .

Nixon and Givens lasl year filed notice they might try lo allach other stale property, or block all sLnte land sales and other transactions. In an errort lo force

-

calle1:tton or tho blll. They haven'l done that. bul Givens sold he soon may have to do something to break the deadlock.

Meanwhile, several top slate legal orCJclals say Idaho 15 approaching a conslllutlonal crisis. Tho legal system may break down If a ,;Late agency or arm of state government feels It doe,m'I have lo obey a court ordl'r II doesn't like, they say.

Jon~ warned ll moy be "an extremely bad precedent" If private clUzens feel I.bey have to garnis h or attach slate revenue to satisfy a legal cour1 order Stivers, who held lhe House In firm control last session, may be galn ng yeL more strength Moderate representative Lorry Knigge resigned 10 accept a slate Job. open ing up both hls seat ond Knlsge's spot on the powerful Joint Finonce-Approprlallons Commltlee Knigge and other GOP moderates. voting with Democrats, produced many close votes on key budget bills In recent sessions.

Two Sllv rs supporters came out on top In a Twin Fall Republican Cenlral Committee vote to nom note replncem ots. fi'avored was Cello Folk1nga , 27, Buhl, who has worked closely with Stivers on GOP nctlvllle.s.

Neicl was Ooug Jones. 36, Filer, who was camp lgn muneger for Rep, Donna Scoll. R,Tw!n Falls, a strong Stivers supporter Also nominated was Buhl auto denier Oove Mon-

roe.

Gov. John Evans. who will appoint the replocemenl, may ravor Jones, who Is considered a bit more moderate than tlle others.

Quane Kenyon writes on pol/1/c.s and stale government for The ,J,ssoc/oted Press In Boise.

- - --L~·, ., .

V\lrfv1 .11') h . -~

ll

/

The one, t ru e villain in the lawyer fee case Y.

ou have to sympathize with all three parties in the long legal battle over the attempt by Coeur d'Alene lf!W· yers Raymond Givens and W. W. (B!ll) Nixon to get the money they have coming to them.

When the Idaho Legislature, at the behest of Senate President Pro Tern James Risch, re£used to make ~he court-ordered payment for their <:<JSts ~ a lawsuit over legislative boundanes, Given~ and Nixon turned elsewhere. They garrusheed sales tax money the Albertson's supermarket chain was to have paid the state Tax Commission.

By the time they did that, a $110,000 debt had grown to nearly $143,000 through interest accumulating at SS4 a day.

Monday, Albert:s<?n's a!1d ~he Tax Commission appealed First Dist.net Judge Dar COgswell's order of last week that the money be turned over to the two lawyers.

Clearly, both Albertson's and t.h e T~x Commission have good re~s~n to resist the garnishment. Albertson s is ~ound by law to render its sales tax coll_e c~ons only unto Caesar, and Tax Comm.Jss1on attorneys are given Cits by the precedent. that could be set by allowing someone wlth a claim against the government to collect instead from someone who owes money to the government.

But Givens and Nixon have been trying to get their money, which doesn'i all go !O them but to other people who helped m their lawsuit as well, for 18 months now,

and who can blame them for going after it?

Just as none of these p:-irties is a villain in the matter, neither are they natural antagonists.

"The state should have paid the judgment in the first place," Albertson's attorney R. Joseph Eisel_e says. He adds that the officials responsible for the refusal "aren't setting a very good example for the citizens.''

He's being overly kind: The one offi~ial responsible - Risch - 1s a lawyer himself. and a former prosecuting attorney of the state's largest county. T~e e~b~rra~S· ment he has caused with his childish d_1splay of temper has now reached the pomt

-

of disgrace.

Not to mention the money it is costing the taxpayers. As a result of Cogswell's ruling last week, which made aJread}'. a~·· cumulated interest part or the new pnnc1pal interest is now accumulating at more tha~ $70 a day. ln addition, Albertson's might want someone to reimburse it for the legal fees it is now paying through no fault of its own. In addition, there's an ugly possibility that Albertson's could be ordered to pay its sales tax bill on top of the money au.ached by Givens and Nixon, payment that It probably would seek reimbursement for as well.

Has a nyone thought about suing Jim Risch? - J. F.

.Opinions

o:::'t-a-"tm.,,.. . i-...1 d here we s a 1-1, f5 A-4z<:::

The Post-Register, Idaho Falls, Wcdn.esday, July 17, l 98S

attle o fees Pa.y the bill; quit has this moral: . wast~ng Dloney f o~ .Talk ain't cheap Idaho taxpayers \tP~st-Register opinion

After 18 months of defiant grandstanding, what, • really, has the state of Idaho proved? Only this: Grandstanding is expensive.

For 18 months, we've heard legislative leaders . righteously explain why they wouldn't pay $113,000 in court-ordered fees to the attorneys who successfuJly challenged Idaho's 1982 reapportionment law. .On Wednesday, that righteous rhetoric went up in smoke. As it could have and should have done long ago, the state agreed to pay. Only now it has cost taxpayers S145,000 - $32 000 more than it had to - because as the rhetoric was flying, daily interest charges of $56 were piling up.

Senate President Pro Tern James Risch, :R-'Boise, and House Speaker Tom Stivers, R-Twin Falls, bear the responsibility for this mess. They led lawmakers in doing something the rest of us could never get away with - refusing to obey a coqrt order that had twice been affirmed by the state Supreme Court. " ,Wednesday's settlement came in the nick of ·crme. Coeur d'Alene attorneys Ray Givens and ·wnfiam Nixon, the lawyers awaiting payment, had filed a claim for an addilional $20,000 in expenses · just days before. Had that claim been approved, the state's final bill would have been even higher.

The settlement also saved the Legislature from a potential court battle that could have strength.ened the power the courts have over lawmakers.

Mr. Givens and Mr. Nixon had filed liens against all state property and obtained a writ of execution to garnish Alberston's Inc.'s sales-tax receipts.

Both of those actions were dropped as part of the settlement.

Mr. Givens and Mr. Nixon accepted $2,000 less than the approximately $147,000 they were owed, and Albertson's Inc. agreed not to seek state compensation for its legal costs of at least $20,000.

The $145,000 comes out of the state general fund.

Whether the Legislature will have to appropriate additional money to cover the bill isn't clear.

One thing is clear. Next January, legislators will be singing the same old .tune about being too broke to fund programs adequately. And if some program that's important to you and your family doesn't get all the money it needs, just remember where $32,000 of our tax revenue went - and why.

If Albertson's officials think their company is caught irr the middle, what about the taxpayers of Ida ho? The tu payers shouldn't be paying $71 a day interest money on a debt and they should be damn mad that they are.

Likewise, Al be rt son• s shouldn't have to run up costly legal fees because Idaho legislative leaders don't think the Leaislature needs to pay its bills. h isn't Albertson's faulL It is a pawn in a state dispute. It isn't the fault of the attorneys 10 whom the bill is owed, either.

But they will get interest when ~e lallpayers' ,P8Y in the bill, if it's not otherwtsc settled.

Taxpayers should be demanding that the Idaho Legislature leadership get off its collective high horse and settle the LegjJlatu re's debt. The Legislature caused the debt to be owed to two nonh Idaho attorneys.. a debt !he Idaho Supreme Coun agrees 1t owes. .

At the latest t!-'m, ~nate fn:51dent Pro Tem Jim Risch .sa~ it's the Idaho Ta~ Comm1ss1on's problem, DO! h~ Bu~ the Idaho Tax Comm1ss1on, hke Albert~n's, reall_y doesn't want to get involved either. . .It .wasn't the ~late Tax Comm1ss10'! that pa!d the attorneys tJ:ie Legislature hued to defend its side of I legl!I challenge to a r1uJty reappon1onment plan. !Jle plan wu adopted _by t~e Lc&isla· tun: Uf!der the d1re9t1on of the Repubhcan leadership. The two Nonh Idaho att~m~s <t;efcnded the other and wmmng side of a !'C3pportlonmcnt coun ?Rt findang the plan unconstltutlo~al.

The roun also ruled the Legislat~ ~d 1.0 pay the legal fees of pla1nt11Ps attorneys. The lda~o S~preme ~OUJ1 _upheld Lhe d11lrict coun s. dCC1s1on. :rite Legislature never appr~ pnated the money tq pay t~e btU so the a,ttorney's j garn,,shed !"lbenson s sales UllC PlaY111~ ~n rnn~cent role, Albertson s 1s holdmg. that a~ount of money, not pay1ng the bill or ~e sa!~ ~ .10. lhe state bec;ause 1t s ~ d 1t will ?d up pay~g both. So II has r~ce1ved a notice of tax defiCICJ!cy • • •

.

.

-:-wt week, Riicli was usania"" d1f!'ercnt angle. He wu quoted u say1_ng the couns couldn't t.ell the Le&islature what to do. "We can't tell the courts how to decide cases. and the couns can't tell us bow to spend money." That's ridiculous. Somebody or some level of government m the syste~ has to tell l;he ~stature it wntes unconstitutional or bad laws and rule on who is liable for bills. That's the co~ Probably even worse, Idaho House Spealcer Tom Stivers tried to tum the debt into a politica! charade. He said Gov. John Evans and A~tomey Genera.I Jim Jones we.re Just C4?~ying up to Albenson s for poliucaJ suppon after they said the Legislature shouldn't ignore. th~ court order and pay the bill. That's just another cheap shot that puts the l~gisiativeieadershi~~lighL But Jones must have taken it seriously. His office later advised Risch that the Legislature had nothina to do with the legal bill that is growing daily.

So the Republican leadership in the Idaho Lcgitlaturc contin· ues to refuse to pay or honor a lawful bill because they don't agree wilh a coun decisfon. It is totally moot 1bat Risch thinks the two attorneys didn't render service for the benefit or the generaJ public.

It is Lhe public, the taxi;,ayer, that is paying for this silliness.

What is worse, it's all at Lhe insistence of two legislaton who claim lh.e ir main inten:,t is the taxpayer and to save them money in paying taxes. They can't seem lo find money to properly fund education in the state, but there is money to pay . interest on an overdue debt because they don't want to obey the law.

No matter where Risch and ' Stivers try to point the fmgcr for l the problem or responsibility, it returns to an app~priation of money from the Legislature.

What's goin$ on over there in Boise with th1S Legislature? It ~an't balance a state budget ccording to law and it can't pay 'ts bills according to law. Yet, its e Legislature that writes those laws.. , Does it leave us lo wonder why Idaho is in its present state ofaffairs? .

,,;..ui-::.t.."""

j ,.

1JJl\l.

w;~ ......... 'L.t1 ,,. m i

ltish't Joe Albertson's cheap mistake I

daho House Speaker Tom Stivers, with characteristic conrusion, Is trying to · . make the Albertson's supermarket chain into some kind of heavy in the legislature's cheap, bull-headed refusal to pay . one of its bllls. Albertson's ls an innocent · ~ bystander in the legal struggle between a ·. couple of attorneys and the legislature.

The principal villain in the piece Is Senate · President Pro Tern James Risch, assisted

by Stivers and others who have gone aJong with Risch's refusal to honor a lawful debt. ln a nutshell, the legislature lost a lawsuit over t.he way legislative boundary

lines are drawn and the courts ordered the legislature to pay the attorney fees of those on the wir. ning side.

Risch and company refused. :r'he bill, once $113,000, has now mounted, with Interest, to nearly $150,000. The winning at. tomeys, Raymond Givens and Bill Nixon, finally went to court and garnished routine sales tax collections that Albertson's was preparing to turn over, as usual, to the state. The courts are now deciding whether that move is In order.

And of course, Albertson's wants the Issue settled . .rt has been caught in the middle of something it has nothing to do

with. And It ls running up legal expenses of its own, quite unjustly.

So it is hardly surprising that Gov. John Evans and Attorney General Jim Jones say the whole situation is unfair to Albertson's, that the legfslature shouldn't ignore a court order. It should pay up.

Stivers says approximately the same thing out of one side of his mouth . He says It' s a rotten deal that the fegislature has to pay but It probably has no alternative.

And then ; out of the other side of his mouth, he says that Evans and Jones are just trying to cozy up to Albertson's because both are nmmng for office again

next year and need the support of the corporation. .'

Nonsense. It is simply a matter of fa ir play. Stivers' cheap shot is the braying of a legislative leader who knows he's finally going to have to obey a lawful court order, · do the decent thing and stop dragging his . feet like the sore loser he is. It is Tom Stivers and Jim Risch who have reason to be embarrassed about their conduct, not John Evans or Jim Jones, or least of all, · Joe Albertson. - B. H.

.Thats '7-a high~ price for one man's stubbornness .1/2.J?tl/NJ

J

~1-95

ames ~Isch, president pro tern of the Idaho Senate, owes the people of Idaho .."'32 ,000 . Th at ' s what h"1s obst Ioancy has cos t th . em. Th a t ' s wh. a t t hey have b a d to cough up because of his refusal to go along with the payment of legal fees that the state of Idaho owed to a law firm . The $32,000 is the interest that mounted over the months because Risch persuaded his

collegues to welch on an honest debt.

Th I h' h d d C d'AI ewe c mg asd en e · oeur ene attorneys Raymon Givens and William Nixon have b~en paid their costs, plus interest, as ordered by the court. They were award~d the money for their handling of the case that successfully challenged the way the legislature drew new

legislative district boundaries.

Risch was lnstrumental among the sore losers ,·n the legislature ·,n refusa·ng to appropriate the money to pay the legal fees .

And so the interest mounted. But now a way has been found to pay the fees without direct legislative appropriation. However, the way out wasn't found until $32,000 later.

If Risch, an attorney, of all people, had accef ted the verdict of the courts, this cou I h ave been avo1"d ed . How odd t hat a Jeg1s · Ia tor wh. o pn"des h"amse If on bemg · a budget watchdog would force the people of Idahd to squander $32,000 on his stubbornness. - 8 . H.

rers

HJR 4: Fewer legislators or less representation? are interested in who represents you. HJR 4 would change the Idaho Constitution to allow the crossJng What's one legislator more or of county borders to determine legislative districts, and decrease the lesa?

In an election overshadowed by size of the Legislature.

The issue IlJR 4 addresses bu the rilbt-to-work referendum, the lottery initiative, a lively been much argued this decade. Re~torlal race and a mud-sl- apportionment cal18ed the govinging U.S. Senate race that could ernor to call a special legislative be decided by a few thousand session one July, was the object of votes, House Joint Resolution 4 a lawsuit that lasted two years, and prompted Sen. Cy Chase, D-St. quickly gets lost in the bubub.

However, the ballot proposal Maries, to charge bis Democratic should pique your interest - lf you compatriot, the late Sen. Vern

By MICHAEL NEFF PrNl ltaff writer

HJR4 CONTINUED FROM PAGE 1 much representation you have in Boise.

The thrust of Haagenaon's protwo-fold - to eliminate tloterial districti by allowing counties to be divided when legislative districts are drawn, and to reduce the size of the Legislature.

Floterlal districts, which includes District 4 (made up of Boundary, Bonner, Kootenai, Sboabone, and Benewah counties) are used statewide to achieve proportional representation.

"It's a goofy concept," said Haagenson of the floterlals.

Haagenson contends people do posal ls

not understand the floterlal districts and that those elected to fill the Ooterlal positions cannot poui-

bly properly represent all the people In massive area.

"You tell me who that Ooterial senator represents," Haagemon said.

Tony Stewart, North Idaho Col· lege political science profesaor and arcbltect of the apportionment p_lan currently used, said Haagenson's BJR 4 could lead to a redrawing of leglslative districts that would mibim1ze the strength of the minority party for ~ .

Currently, Stewart said, the only constitutional safquard aplnat the majority party uslnl reapportionment to t&e1r nwnbers in the Legislature without recelvinl more votes at the ballot box is the state constitution's prohibition against dividing counties

Increase

when drawing districts.

"It will not matter who ls in control. You immediately set up tbe temptation to draw districts that favor one pollcial party or the incumbents. It's like asking the fox to guard the chicken COOP,· The temptation is too great, ' said Stewart.

In 1984, the Idaho Supreme Court upheld a 1st District Court ruling that threw out tbe reap_po~~ ment plan devised by the Legtslature, and installed the current plan devised by Stewart. Key to the argument for tbrowinl out the Legislature's plan was ft failed to confonn to the U.S. Constitultion, which calls for "one-man, onevote" repreaentation. The devta· tlon in the number of voters represented under the Legislature's plan was too great, and Stewart presented a plan with an acceptable deviation.

HJR 4, said Stewart, differs little from a similar proposal placed before the voters in 1984, wu rejected by 42 of 44 counties and failed. That proposal also would have allowed the crossing of COUD· ty borders. Now supporters of crossing county borders, Stewart said, have just added the reduction in tbe size of the Legislature.

Haagenson disagrees, and said HJR 4 will allow the splitting of counties only when necessary to achieve proportional representation. Under the plan approved in 1982 by the Legislature, many counties were spilt several times by legislative districts. Boise was cut into "pie-shaped pieces," with leglalative district running from

Lannen, D-Pinebust, of concoctlnr a gerrymandering scheme with Sen. Terry Sverdsten. R-Cataldo.

HJR 4 ls the legislative child of Rep. Dean Haagenson, R-Coeur d' Alene. Wben the Legislature la reapportioned at the beginning of · the 19908, as it la every 10 yean

after each federal census, pa.aqe or failure of HJR 4 or any sublequent imitators will be a large factor in who represents you and bow

Ada into neighboring counties.

Kootenai County shared all four of its legislative districts with neighboring counties.

Under HJR 4, said Haagenson, because county boundaries could only be crossed to achleve proportional representation, counties would not be divided several times under the next reapportionment.

With floterials, Haagenson, said the legislators are not close enough to the voters.

"It's impossible to draw a workable plan that represents the community interest and doesn't violate the one-man, one-vote without the opportunity to cross county lines," Haagenson said.

H floterlals are going to be used.

Haagenson said, why not "put aU ol Idaho into one district and have everyone run at large."

Stewart said reapportionment should be turned to an appointed commission, as the Legislature bas done in Washington, ''I think the issue is whether they (the legislators) will be given the green light to draw up any kind of district they want to."

Reapportionment bas to stay with the Legislature, said Haagenson.

"To think you're going to take politics out of it by appointing a commlsslon ls naive. A commission is going to be appointed by politicians."

"No commission understands the state like 100-plus legislaton from all over the state," Haagenson said.

3F

Commentary

How the races are shaping up Randy Stapilus Commentary

•••• One more word on the primary election statisti.cs: Ooterial. Both winners of the contested congressional district primaries -Democrat Jeanne Givens in the 1st District and Republican Dane Watkins In the 2nd District -

are alumni of the firSt class of flot.e rlal

legislators.

They were elected - Givens to the House and Watkins to the Senate - in 1984 in the first floteriaJ 'superdistricta' Idaho has had. When those districts were created they were perceived to be stepping. stones to congressional or other offices. Now that prediction is bearing at least some fruit.

A look at Tuesday's result shows that most of G1ven•s best primary votes came from her floterlal district In the pandhandle, and many of Watkins' best percentages came from his floterial ln far eastern

Ida.ho.

Randy StapHus is

man.

me political editor of The States·

A8

THE SPolEsMAN-REvlE

Mon., June 27, 1988, Spokane, Wash.

Floating districts to vanish in 1992 . , Quane Kenyon ~Praa

ANALYSIS

ISE - In 1992, or u soon as Oli J4llbo Leplature can get __. to itself af- the Senate against Democrat Sen. tlae 1910 cemaa. o's "float- H.J. "Jim" Cbriatiansen. That disleilalatlw dlltrlcts wll1 disap- trict of more than 150,000 people Includes Bannock. Binlham, Bear Lake., Caribou, li'ranklln, Oneida and Power. Or as Clark J>Uts it, lt stretches from the edge of the Upper Snake RiV'er Valley almost to Burley.

Once again, lt would prove an ideal power base if Clark decides to run for higher office in 1990 or more llkei! in 1992.

Altbou the floating districts have the advantages, they have drawbacks. Lelislaton have complalned for thelast four years that the diltricts are too big for one lawmaker to travel and get to know everyone.

It's alao expensive to run for a OoatinK district seal Clari said be could spend $12,000 to $15,000 in the ul>COlnini: general election. Robbins spenl about ,20,000 Ip the primary winning a three-way race.

But the record for spending in a fioating district came wben Senate President Pro Tem James Risch spent more than $100,000 to defend

reapportlTJ:fi

bis seal There's another advantafe to running for a floating distric seat.

U a candidate bas aspirations for hlgber office, it's far cheaper to test the waters running for a multicounty legislative district seat than to make a congressional bid. Those

campalaos

can

cost

between

,200:000 and $400,000.

U a candidate can't win a floating district seat, then it's bllhly lltely that be or she wouldn't wfn in a race for a higher office.

A CODltitlltional amendment bani the wie of floating districts in the next reapeorl!onment. lt also will allow the Legislature to break up counties when setting up the new legislative districts, which should make the task much easier.

Because of the seven floating districts, the Legislature now has 42 .eoaton and 84 representatives.

That number will be no more than 35 senators and 70 Bouse members in the next redistricting scheme, and could be as low as 80 senators and 60 people in the House.

WEDNESDAY MORNING/ December 27, 1989

Remapping without lawmakers twist is envisioned Third of a series

By RICK ROMELL Sentinel staff writer Mary Goode baa this civics vision:

It begins with a groundswell of public outrage over the shenanigans of gerrymandering, time-and-money-wasting legislators who decide the boundaries of their own districts.

It continues with the passage of reform legislation and an amendment to the Wisconsin Constitution.

It enda with the job of redistricting one of the most divisive, rancorous tasks the Lep,lature faces removed from poHUcal hands.

-

Battle ahead on redistricting / See PAGES.

Instead, the maps that aet the tone for a decade's worth of elections are drawn by Independent commission. Its membership ls balanced. It works efficiently. Its concern ls the public good, not political advantaae.

"This la a real basic good-government Issue," said Goode, a Leaaue of Women Voters of Wisconsin official who Is pushing for just such a chanae In the way Wisconsin handles redistricting.

Who could araue with "good government"?

an

Quite a few people, u a matter of fact. And with the once-a-decade task of redi1trlct1na looming, the once-a-decade debate over bow best to do the job bu more or lea been renewed.

Republlcana have introduced a bill to create a redlltrlcUng commiulon, but some observers Interviewed give lt little chance of passing the Democrat-controlled Legislature.

"These auya arew up to be big boys because they want to do It themselves," one Democratic operative said. "They are not going to hand this over."

To do so would be to rellnqultb

I

~emapping without lawmakers' twist is envisione RtMAPPING /

control over one of the most basic factora ln tbe political equation.

"It II survival," a political con.aul-

tanl said of the rediltrlcUng process.

"It 18 nothing more. That Is the rawest form of pollUcal survival there Is. "There'• a lot of talk aboUt good public policy and fair approaches....

There are

thON

concerns, but tbe

overridlnl concern In ~cttng always LI political aurvtval.

Tbat may IOIIJl4 Uke a •gooc1.gov• ernmat'" idvoc:ate tal1dn&. bllt the coal01•t In fact~!:' ma II tallereDtlY ....--

.:S:

FROM PAGE 1

be left to elected offlclaJs. So does John R. Johannes, a pollti· cal _science professor at Marquette University and dean of its College of Arts and Sciences. . "I'm always skeptical of any prowsal to take politics out of politics," he .aald. The history of American political reform - party primaries, civil service, campaign finance law - fa a story of trying to do that, Johannes said. '"'rhe effects of the reforms often are· much worse than the thing that w)!rbelng fixed," he said. ·Much of the debate over a redistricting commission seems tinged by pllttlsanship. Democrats, who control the •1.eg1slature, tend to defend the cdlnnt system. Many of the voices cimhg for reform are Republican.

Johannes, while not a member ot..te GOP, said he tended to vote l\ijw,Ucan. And John F. Bibby, a

liit

political science professor at the Uni· versity of Wisconsin - Milwaukee, is a !uJl-blown Republican who also is skeptical or changing the redistricting process.

"I don't think you could make something non-political by just say1ng It's non-political," Bibby said .

"Whatever they do is going to have some partisan implications and certainly some political Implications. I guess, in many ways. I prefer to have elected officials maldn4. our decisions and not somebody else.

But a major problem, Goode and fellow crftlcs say, is that the elected officials have bad so much trouble making redistricting decisions.

"The key thing is the amount of Ume wasted .. .. They should be doIng other business. They're elected to do state business," Goode said.

Twice In the last three decades, the courts have redistricted because the Legislature and governor could noL And the remapping following

the 1970 census was accomplished Just under the wire or a court-imposed deadline.

That's typical of what bas happened nationwide, said Tony Stewart, an Idaho political scientist who wrote the stale's redistricting law. uWe've constantly been in court throughout this country .... I just don't think there can be a worse track record than what we have now," Stewart said. "So when the record is that bad, I lhJnk it cans for an attempt at a different system."

Both of Wisconsin's court-ordered maps came when one party controlled the Legislature and the other party held the governorship. Those are the circumstances now, with elections for governor, the Assembly and half the State Senate seats scheduled before redistricting is to be done.

Sen. Donald K. Stitt of Port Washington, who as State Republican Party chairman pushed for an indepen-

dent redistricting commission, said the present system was "probably the Legislature at its worst."

"It's pure and simple Incumbent protection," Stitt said, "and to hell with the public . . .. The worst in the Legislature comes out. The greed is just disgusting."

William Hauda, executive director or Common Cause in Wisconsin, said incumbent protection was the primary consideration of legislators ln redistricting. The second consideration usually is trying to hurt the opposition party, he said.

"I think it's a process that ought not take place," Hauda said.

Common Cause supports independent redistricting commissions.

Self-interested redistricting helps lead to entrenched legislators, Hauda said.

"When people become too entrenched, I'm not sure that they vote the public's interest," Hauda saJd. "I

think that they begin to vote their Interest."

Unless something is done in Wisconsin, Hauda said, the Legislature will become much like Congress, where 98% or the incumbents who sought re-election won in 1986 and

1988.

But 1983 map-drawer Ann Jablonski and other Democrats said that while legislators mlght not be saints, they at least can be held accountable by tbe voters.

Bibby agreed, and cited accountability as the key argument for leaving redistricting to elected officials.

"But the problem of reapportionment is how do you hold them accountable if they've reapportioned themselves?" Bibby added. "(It's) kind of a vicious circle here, so 1 recognize the fallacy in my argu-

ment."

Thursday: A congressional seat In

danger.