Challenge to Franklin County process

THE PLATTSBURGH PRESS-REPUBLICAN

A voter who successfully challenged Franklin County's original redistricting plan in 2002 wants a seat on the committee looking at the issue again in 2012.

Daniel Jenkins of Harrietstown said that at least one representative from the general public should be included in the decision-making meetings.

"There should be an independent person on the committee," he said. "Here we are with county legislators -- politicians -- and election commissioners and the county attorney.

"There should at least be one member of the public-at-large. We've got to get into a process and out of this lockstep." Following each federal census, counties are required to ensure legislative boundaries are as equal in population as they can be to comply with the U.S. Constitution's guarantee of equal representation -- "one man, one vote." The deviation between the largest and smallest districts is supposed to be no more than 10 percent, but the Supreme Court has allowed deviations as high as 16 percent, in some cases.

In Franklin County's original 2002 reapportionment plan, the deviation was 21 percent.

Jenkins and three other voters, John Quenell of Brighton, Mollie Sheren of Santa Clara and former County Legislator Mark Flack Wells of Fort Covington, challenged that number and saw the plan overturned.

It was ruled unconstitutional because the county did not fully justify why it had to go beyond the 10-percent deviation. A special election was ordered held in 2004.

A revised plan adopted after the lawsuit had a deviation of 9.3 percent.

Last month, when legislators briefly discussed forming a committee to look at redistricting in 2012 following the 2010 U.S. Census, they said Republican Election Commissioner Veronica King, Democratic Election Commissioner Kathy Fleury, at least one legislator from each political party and County Attorney Jonathan Miller would serve.

But there are no firm rules as to who can sit or how many people can be in on the discussion, Miller said.

"Mr. Jenkins is free to give me a call. I have no problem talking with him," the attorney said. "Anyone who wants to be part of it can call me, but I'm not the one who will decide." Legislators will determine how many people will look at the issue.

He said the entire process will be open to the public as the committee begins reviewing the existing districts and studying population changes and whether district lines must be redrawn.

Miller said that gathering the informal committee is just a way to bring representatives from each political party together to look at the numbers and decide if changes are needed.

In the end, the committee won't make a specific recommendation to the County Legislature.

It will be up to the legislators to discuss the options and adopt a plan, he said.

Email Denise A. Raymo at draymo@pressrepublican.com. Visit the Press-Republican at pressrepublican.com.