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Indy mayor wins redistricting battle

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The Indiana Supreme Court ruled in favor of Indianapolis Mayor Greg Ballard Wednesday in a dispute between the mayor and Democratic members of the city-county council who challenged a redistricting plan passed in late 2011.

In the fall of 2011, the Marion County City-County Council, which had a Republican majority, voted to approve a proposal creating Ordinance 61. That ordinance redrew the 25 districts for elections to the council beginning in 2015. Ballard signed the ordinance Jan. 1, 2012.

The ordinance was approved before a Democratic majority would take hold in the City-County Council beginning Jan. 1, 2012. Democratic Councilor Maggie Lewis filed a lawsuit against the Marion County Election Board, arguing that the ordinance failed to comply with I.C. 36-3-4-3, the county’s Redistricting Statute.

The dispute went before a divided panel of trial court judges, who held that the ordinance was passed too early to satisfy the Redistricting Statue. The judges drew new legislative districts and ordered Lewis and Ballard to equally split the cost of the master who was brought in to issue the final judgment.

The justices, in the per curiam decision, noted that both sides presented reasonable arguments about how the Redistricting Statute should be construed, and in particular, whether Ordinance 61 constitutes mandatory redistricting in 2012. The justices determined that it would be proper, as a matter of judicial restraint, to adopt the interpretation that avoids judicial line-drawing in what “is presumptively a matter for the legislative and executive branches of local government to address.”

“While recognizing Ordinance 61 as mandatory redistricting is just one reasonable construction of the Redistricting Statute, we adopt it because it allows legislatively adopted districts to remain in place and avoids the need for districts drawn by a court,” the opinion states.

The justices also noted that the disputed legal issue in this case is whether the City-County Council acted too early, but there is no allegation that the ordinance was substantively defective.

In addition to ordering summary judgment be entered in favor of Ballard, the justices reversed any order requiring him to pay part of the cost of the master.

The case is Mayor Gregory Ballard v. Maggie Lewis, John Barth, and Vernon Brown, 49S00-1311-PL-716.

 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

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