1. Wireless Access Code: 9166703926

2. Reapportionment In the West Brian Kane Conference of Western Attorneys General July 24, 2012

3. Idaho’s Wild Apportionment Ride First Commission Meets –Can’t agree on anything –Try to fire lawyer –Fail to approve a plan –Sue themselves in Court (SOS also sued prior plan) –Court requires appointment of a new commission Second Commission –Fight over appointment –Approve a new reapportionment plan in about two weeks by a 6-0 vote –Challenged in Court/ Struck down for too many split counties. Second Commission reconvened –Speaker and Party Chair try to fire their appointees/ Sue for an original writ— dismissed for failure to file a brief. –Commission reconvenes and approves a new plan in 4 days (6-0). –Sabers are rattled but no challenge is filed to plan.

4. Not an Anomaly Challenges abound –Texas (U.S. Supreme Court) –Hawaii (Counting of servicemembers) –Arizona (qualifications of appointees, open meetings law, tried to fire commissioners, various Congressional plan challenges) –Colorado (Suit filed over failure to adopt Congressional Plan). (Result Court adopted plan) –New Mexico (Deliberative Process/ Executive Privilege). –Alaska (district Compactness/ Preclearance) –Nevada (Governor vetoed plans, legislature did not craft new ones, Ct) –California (Independent Commission—R’s challenged). –Oregon (Congressional unequal population) –Washington (population deviation/ preservation of political subdivisions).

5. Every 10 Years Western States are similarly situated –High population concentrations surrounded by large land areas. –Population growth (> 20%) Section 2 concerns? (Arizona) –County boundary preferences Some have municipal preferences. –Small Chamber sizes (national avg—approx 110, Western states

6. Best Practices Remain above the fray No surprises –Advise commission not individual members –Same with legislature Discuss plans in terms of legal defensibility –At the end of the day—may still have to defend marginal plan. Preserve credibility –May need to balance clients—SOS/ Commission/ Legislature

7. Additional Resources http://redistricting.lls.edu/ –Site put together by Professor Justin Levitt (Loyola Law School/ Los Angeles).

8. Wireless Access Code: 9166703926