The County Line - Legislative Preview
Issue 2003
Redistricting Causes Fuss Among Some
Constituents
The Alabama Legislature has
been doing it for decades. And no one has kicked up too
much of a fuss.
But when counties started to
adjust the lines that are used for electing county commission
members, no one should have been surprised that some people
on the local level did a double take. You see, whenever
counties embark on a new activity, there is an element
of the public that automatically assumes that the county
doesn't have the authority do whatever it is that is being
proposed.
But in this case, the county
DOES have the authority, even though not everyone seems
willing to accept that fact at face value.
"When did counties get
the authority to draw their district lines any way they
want to?" asked the voice on the other end of the
phone. The aggravation and irritation was easy to hear.
I didn't ask, but one must wonder if this person had expected
the new district lines to drop like snow flakes from the
sky or arise from the ground like the dew.
Again, folks have become accustomed
to the Legislature redrawing its district lines every
10 years - in fact the district lines usually spur one
of the largest legislative fights of each decade. But
the people are much closer to the county courthouse and
they are prone to get a bit more riled up about county
activities.
"In other counties, is
it the common practice for the county commission to divide
the county seat into more than one county commission district?"
asked a mayor who was himself a bit confused about county
commissions having the authority to establish these new
lines. "I just don't think the commissioners should
be able to do that."
The explanation for those two
callers - and several more who found their way to the
Association's phone or e-mail system - was pretty straight
forward. Alabama law allows county commissions to adjust
their district lines once following the release of each
census. This authority was granted to the counties in
1992 and must be utilized under the strict federal guidelines
regarding the design of districts, motivation for changes,
and other factors.
Changes can be made only by
those counties that elect their members by single-member
districts, meaning those commissions that elect their
commissioners with county wide votes cannot use this authority
to adjust their districts. And the new districts must
be completed 180 days prior to the election at which the
new district lines will be in effect for the first time.
The commission can only adjust the district lines. The
commission cannot change the number of districts or the
method for electing the chairperson.
The law also requires the posting
of a map displaying the new lines and a public hearing
so that the citizens can voice their opinion of the new
lines themselves. (It is interesting to note, by the way,
that the Alabama Legislature can change its district lines
without posting public notice and without holding any
public hearings.)
But the bottom line is that
county commissions DO have the authority to make these
changes. A bit of "Home Rule," even though it
is a small, specific bit.
Some counties established new
lines before the 2002 election. The release of the 2000
census was made early enough to get under the 180 day
wire. Other counties completed the process so that new
lines can be used for the first time beginning this June.
And still other counties that have not exercised this
authority may still do so prior to the 2006 or 2008 election.
New lines may only be drawn
once following each census release. This provision was
added to the legislation in 1992 to prevent commissions
from adjusting their lines between each election. The
thinking is that counties should be able to adjust the
commission lines in response to population shifts, but
the changes shouldn't be made so often as to confuse the
voters.
"The law requires counties
to have a public hearing before changing the commission
lines," I was informed by another caller the other
day. "And I didn't hear anything about their public
hearing, so I know they didn't have one." He wasn't
all that happy, either.
Well, after some investigation,
we found that the public hearing was - in fact - held
by the county commission (not that we doubted it) and
that an advertisement for the hearing was published in
the local newspaper. We also found that the proposed county
commission lines had been posted on a jumbo, color-coded
map that was displayed in the lobby of the courthouse
for a couple of months before the public hearing.
This person, who was obviously
still getting used to the idea of county commissions having
this authority, informed me that no one goes to the courthouse
and, therefore, no one saw the district lines or was given
the opportunity to comment on them. "That law must
have been written back in the depression days," he
quipped.
And, perhaps the one person
in the state who was the most irritated about the county
commission's ability to shift its district lines was a
probate judge. This person went so far as to threaten
litigation against the commission because, he said, the
commission did not complete its redistricting process
in time to be within the 180 days required in the law.
He even scribbled off an angry
letter to the commission, outlining how the county had
missed the deadline by just a couple of days and, therefore,
the new district lines could not be utilized during the
2004 election. He instructed the board of registrars not
to begin work on the new precincts necessary to implement
the new lines. And the commission even thought about holding
a special meeting to discuss the judge's concerns.
But the special meeting was
not necessary. You see, 2004 is leap year and there are
29 days in February. This extra day had given the county
commission time to meet the 180 days required in order
to exercise the authority granted to it by Alabama law.
Now, if folks can just find
a way to get used to it.
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