EAST ST. LOUIS – Democrat St. Clair County board chairman Mark Kern violated Illinois statute and the U.S. Constitution by drawing districts without census data, Republican board member Ed Cockrell of New Athens alleges in federal court.
County GOP chair Cheryl Mathews is co-plaintiff in the lawsuit filed Aug. 11.
Their attorney Paul Evans of O’Fallon claims Kern created a map and the board passed it in May without any data to suggest that districts were substantially equal.
According to Evans, the map would violate the Constitution even if Kern’s population estimates proved to be accurate.
An exhibit attached to the complaint shows Kern’s estimates have population estimates varying from 8,601 to 9,475.
“It is possible to draw county board districts with substantially less deviation under the guidelines imposed by Illinois law,” Evans wrote.
Cockrell was the only county board member who voted against the map.
According to Evans, Illinois statutes require county board districts to be equal in population and as nearly compact in territory as practicable.
“Compact means closely united,” Evans wrote.
He argues that by statute, county boards divide townships and municipalities only when necessary to conform to equal population.
He also argues that a map must not be a product of manipulation of lines for partisan political ends.
The ideal population for each of 29 board districts is 9,048, according to the suit.
“Districts 13 and 26 have total populations of 9,475 each, for a total of 427 persons more than the ideal,” the suit says.
“District 17 has a population of 8,599, for a total of 449 persons less than the ideal.”
Evans argues that no legitimate reason exists to justify the deviation.
“Large population disparities exist between adjoining districts that can easily be rectified by shifting a district boundary,” he wrote.
The average population of districts 1 to 7, in the county’s northwestern corner, is 8,765, while the average of districts 24 through 28, in the northeast, is 9,429, the suit claims.
Another exhibit attached to the complaint shows a table of Democrats districts 1 to 7, and Republicans districts 24 and districts 26 to 28.
Evans argues that Kern placed Republican incumbents in areas with more Democrats and removed Republicans where Democrat incumbents narrowly won.
Another exhibit shows a table of odd shapes including two Cs and a reverse C.
The suit claims districts 4 and 5 barely contain the residences of Democrats Lonnie Mosley and Roy Mosley Jr, and district 8, which Democrat Steve Gomric represents, has a tail sticking far into district 17.
It claims district 11, which Democrat Ken Sharkey represents, cuts into district 10 to capture Sharkey’s subdivision.
Evans argues that Kern “cherry picked” down to individual streets and subdivisions for district 14, which Democrat Robert Trentman represents.
The suit further claims:
In district 16, which Democrat C. J. Baricevic represents, Kern removed a neighborhood where Baricevic’s former opponent Cindi McDonald lives.
District 19, which Republican Mike O’Donnell represents, extends from Millstadt to Belleville and crosses six townships.
District 21, which Republican Dean Pruett represents, has a western extension into Smithton township.
The extensions between 19 and 21 could easily be straightened out. Evans argues.
In district 22, Democrat Susan Gruberman lives on the edge of an extension into district 23, and a small western extension of district 23 barely includes the residence of Democrat Jana Moll.
District 25, which Democrat Richie Meile represents, extends north to barely capture his residence.
The district court clerk randomly assigned the complaint to District Judge Stephen McGlynn, a former St. Clair County circuit judge.