In 2012, the Idaho Supreme Court Invalidated the legislative map adopted by Idaho Commission on Redistricting on state constitutional grounds.
Twin Falls County v. Idaho Comm’n on Redistricting, No. 39373, 2012, 271 P.3d 1202 (Idaho 2012).
This case involves a state constitutional challenge to the legislative apportionment plan adopted by the Idaho Commission on Redistricting. Plaintiffs argued the plan adopted by the commission violated art. III, § 5, of the Idaho Constitution, which states that “a county may be divided in creating districts only to the extent it is reasonably determined by statute that counties must be divided to create senatorial and representative districts which comply with the constitution of the United States.” Idaho Const. art. III, § 5. The Idaho Supreme Court had previously created a three-tiered hierarchy of controlling law for redistricting purposes, with each tier being mandatory and not permitting any lower tiers from superseding them: (1) the Equal Protection Clause of the 14th Amendment; (2) Idaho Const. art. III, § 5; and any state statutes.
The Idaho Supreme Court interpreted the requirements of art. III, § 5, as being mandatory, thus holding that the only permissible reason to deviate from art. III, § 5, was to comply with the Equal Protection Clause, and only then to the smallest extent necessary. Because the commission had considered plans that split fewer counties and also complied with the Equal Protection Clause, the plan the commission ultimately adopted did not split as few counties as was practicable. Thus, the commission’s plan violated the Idaho Constitution. The court directed the commission to reconvene and adopt new maps that complied with the mandates of both the federal and state constitutions.
2010 Redistricting Case Summaries, NCSL (Petter Watson)
