CASE SUMMARY

On December 15, 2021, an Idaho voter filed a petition with the Idaho Supreme Court challenging the Idaho Commission for Reapportionment's adopted congressional plan as violating state statutory redistricting provisions. First, plaintiff alleges that the Commission violated Idaho Code Section 72-1508, which requires the Commission to file its final report within 90 days of the Commission's organization. The plaintiff asserts that the Secretary of State's order forming the Commission was issued on August 12, 2021, and therefore the 90 day period ended on November 10, 2021, but the Commission did not file its final report until November 12, 2021. Next, plaintiff alleges that the Commission's congressional plan violates Idaho Code Section 72-1506(7), which generally provides that district boundaries must retain local voting precinct boundaries and that the Commission may vote to exempt this provision's application if it determines that "it cannot complete its duties for a legislative district by fully complying with the provisions of this subsection[.]" The plaintiff asserts that the Commission's adopted congressional plan, which splits a precinct, violates this statute because its exemption provision explicitly only refers to, and therefore only applies to, legislative districts, not congressional districts. He is seeking a judicial declaration that the congressional plan is unlawful, and a court order remanding the plan back to the Commission to correct the statutory violations.

Similar Cases: Durst v. Idaho Comm'n for Reapportionment; Ada County v. Idaho Comm'n for Reapportionment; Stucki v. Idaho Comm'n for Reapportionment; Allan v. Idaho Comm'n for Reapportionment

CASE LIBRARY

Idaho Supreme Court - No. 49351-2021