May 18, 2012 - 07:30
     
Editorial Opinion~11/10/11
19:14
10
November
2011
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Wasted Time

Somebody dropped the ball when it came to explaining the ins and outs of redistricting. After several meetings over several months, the committee finally came up with a plan that addresses the declining population in East Polk without shifting West Polk voters to the other side of the county. A new district in West Polk with one representative solved the problem.

Then, two months from the deadline, the committee learned last week that the plan works for the commission but not the school board, based on a 2002 Attorney General’s opinion. As it thus turns out, all previous discussions were a waste of time.

It seems that under Tennessee law there are different requirements for school boards and legislative bodies – different limits on how many members and, apparently, different rules for how districts are set up even if they comply with federal law.

The state Comptrollers Office developed a detailed Guide to Local Redistricting in Tennessee. Through 36 pages, it discusses the redistricting law, federal requirements for one-person/one-vole equal representation, the shape of districts, how to move Census tracts around, and the number of districts and representatives allowed for legislative bodies.

Nowhere does it mention the law regarding School Boards. Not even once.

Nowhere does it point out that there are different requirements for legislative bodies and school boards. In fact, the only mention of school boards states that they are subject to the federal requirement of one person – one vote. It goes on to say, “Historically, these districts coincide or share the boundaries with the county commission districts.”

Nor did anyone else provide information about this apparent anomaly in state law: While county commission districts can have a differing number of commissioners as long as the representation is equal, that’s not the case for schools boards, according to the 2002 opinion.

That forces the commission to come up with a whole new set of districts unless it wants to ignore the 2002 opinion (and risk not getting a Private Act passed for new School Board membership), ignore federal law and allow the Third District to be over-represented (and face the risk of a lawsuit), or move voters from West Polk precincts into East Polk (and face the wrath of voters who don’t want to be shifted).

It would have been nice if the commission had been given all the ground rules when it started this effort.


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