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Redistricting lawsuit may be dismissed
Posted: 12.08.2011 at 4:27 PM
Updated: 12.09.2011 at 11:00 AM
Kermit Miller

Kermit Miller is the evening news anchor and state legislature reporter.

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Cole County Judge Dan Green may be ready to dismiss a lawsuit challenging Missouri's Congressional Redistricting plan and send the case on to a higher court.

Lawyers against the plan claim it was a purely partisan design that violates the voting rights of Missourians. Those defending the plan, though, say it's more than reasonable enough to satisfy constitutional standards.

State lawmakers overrode Gov. Jay Nixon's veto of their plan to reduce Missouri's nine congressional districts to eight.

“Elections of our public officials ought to be conducted on a level playing field,” Plaintiffs' Attorney Gerry Greiman said. “The Republican Party, which historically has been supported by fifty percent of the voters in this state has managed to draw district lines so that its 50 percent of the voters will be able to elect 75 percent of the state's Congressional delegation.”

The Plaintiffs in the case say the plan violates voting rights by diluting the impact of a voter's action.

“Every line that's drawn dilutes someone's vote, so every line that's drawn would be at least contestable, if not unconstitutional,” State Solicitor General Jim Leyton said.

The attorneys defending the plan say lawmakers made a good faith effort at compact districts with shared communities of interest, even in the new 3rd district which reaches from St. Charles to the Lake of the Ozarks, and the new 5th district which stretches a hundred narrow miles along the I70 corridor.

“We're going to have rural with urban no matter what we do,” Attorney for the lawmakers Eddie Greime said. “The only question is what urban will go in there.”

The defenders say the constitution sets no rules for what is an inherently political exercise. They say the plaintiffs to win in court must prove that partisan concern was the only standard applied.

After the hearing on Thursday, Judge Green told defense attorneys to draft an order of dismissal for him to sign.
  Attorney's indicated they would appeal all the way to the state Supreme Court if necessary.
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