Judge says he will rule in a day or two on legislative redistricting

By Jack Brammer
jbrammer@herald-leader.com

FRANKFORT – After a nearly three-hour hearing Monday on a legal challenge of Kentucky’s new legislative district boundaries, Franklin Circuit Judge Phillip Shepherd said he hopes to rule within a day or two so an appeal can be made as quickly as possible.

Franklin Circuit Judge Phillip Shepherd said if he does not rule by late Tuesday he will extend a restraining order he issued last week that moved the filing deadline for legislative candidates from Jan. 31 to 4:30 p.m. Tuesday.

At issue is a request by House Republicans’ for a temporary injunction to extend the filing deadline for state legislative candidates.

House Republicans and Sen. Kathy Stein, D-Lexington, say the legislative districts approved by the General Assembly in House Bill 1 are unconstitutional. Gov. Steve Beshear has already signed the measure into law.

The judge allowed Stein last week to intervene in the case as a plaintiff. Her district in Fayette County was moved to northeastern Kentucky.

Republicans initially asked for a temporary injunction to delay the filing deadline, but Shepherd issued the restraining order instead, saying he needed more time to consider a temporary injunction. A restraining order cannot be appealed to a higher court but an injunction can.

Shepherd scheduled a Monday hearing on the House GOP request for a temporary injunction, saying the plaintiffs had made a sufficient case to merit the additional procedure.

At Monday morning’s hearing, Shepherd heard arguments from the plaintiffs on why he should grant an injunction. Attorneys for Secretary of State Alison Lundergan Grimes, the state’s top election officer, presented their case in the afternoon.

Shepherd also allowed the Legislative Research Commission to intervene in the case. It is represented by Louisville attorney Sheryl Snyder.

House Republicans basically contend HB 1 is unconstitutional because it divides more counties into separate legislative districts than necessary. The House plan split 28 counties and 246 precincts, although only 22 counties have populations that exceed the roughly 43,000 people that each district must contain. A GOP proposal would have split 24 counties and 10 precincts.

Meanwhile, leading lawmakers may present a compromise redistricting map for the state’s six congressional districts later on Monday.

House and Senate leaders said last Friday that they were close to an agreement on congressional redistricting.

Filed Under: KY General Assembly