Democratic legislation would create penalties for gerrymandering

gerrymandering

Two Democratic lawmakers have filed identical bills that would punish state lawmakers for gerrymandering political districts, up to removal from office.

State Sen. Darren Soto of Orlando and state Rep. Dwight Dudley of St. Petersburg filed the legislation (SB 6-C/HB 3-C) on Tuesday.

But it’s almost certain the bills won’t be taken up by the Legislature; they would first need two-thirds approval to even be considered.

Lawmakers are now back in Tallahassee for a three-week Special Session to redraw state Senate districts that the chamber admitted in a settlement agreement were gerrymandered, or drawn to favor incumbents or a particular political party.

Another Special Session was called this summer to redraw Florida’s congressional districts. That session ended when lawmakers couldn’t agree on a new map, leaving it to the courts to decide new lines.

In both cases, several plaintiffs – including the League of Women Voters of Florida – alleged that lawmakers violated the state’s Fair Districts constitutional amendments approved by voters in 2010.

The bills target any legislator who “offers or participates in the creation of” a redistricting plan found to be gerrymandered. 

They create a process, which includes allowing “an aggrieved party” to file a sworn complaint to either chamber of the Legislature. An investigative committee would be formed, which could recommend up to $5,000 in fines.

“If the committee finds that the member acted in bad faith or with malice, the committee may (also) recommend that the member also be censured, reprimanded, or expelled,” the bills say.

A majority of the lawmaker’s chamber would then have to approve any penalty proposed. The legislation also creates a one-year statute of limitations to file a complaint.

It also clarifies it “does not apply to a member of the Legislature who affirmatively voted for an offending apportionment plan but did not sponsor or participate in the creation of such plan.”

Soto is running for Congress, seeking the office being vacated by U.S. Rep. Alan Grayson, the Orlando Democrat running for U.S. Senate.

Jim Rosica

Jim Rosica is the Tallahassee-based Senior Editor for Florida Politics. He previously was the Tampa Tribune’s statehouse reporter. Before that, he covered three legislative sessions in Florida for The Associated Press. Jim graduated from law school in 2009 after spending nearly a decade covering courts for the Tallahassee Democrat, including reporting on the 2000 presidential recount. He can be reached at [email protected].



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