EAST ST. LOUIS – Republicans who allege that population variations of St. Clair County board districts violate the U.S. Constitution didn’t count correctly, board chairman Mark Kern asserts in U.S. district court.
His counsel Garrett Hoerner challenged the numbers in a Republican complaint against the map on Nov. 24, in a motion to dismiss the complaint.
Hoerner says it is “riddled with inaccurate allegations of differing populations among districts that are apparently without basis.”
The complaint showed a range of 13 percent, from 8,643 to 9,782.
Hoerner showed a range of seven percent, from 8,918 to 9,545.
District Judge David Dugan must swiftly resolve the population discrepancy and other constitutional issues.
By state law, circulation of nominating petitions should begin on Jan. 13.
The board adopted the map on Nov. 16, to replace one that board member Ed Cockrell and county Republican chair Cheryl Mathews challenged in June.
The replacement map reduced board membership from 29 to 28.
Eighteen Democrats voted yes, and eight Republicans and a Democrat voted no.
Attorney Paul Evans of O’Fallon, representing Cockrell and Mathews, amended their complaint on Nov. 18.
Along with excessive population variations, he alleges gerrymandering and improper divisions of townships and municipalities.
Evans claims the board didn’t provide proper notice that it would eliminate a district.
He added dozens of plaintiffs from all over the county to bolster his assertion that his clients have standing to sue.
In response, Hoerner wrote that populations were substantially equal in compliance with Illinois Counties Code.
According to Hoerner, the division of townships and municipalities was necessary in order to conform to the Code.
He wrote that claims of gerrymandering present political questions beyond the reach of federal courts.
He wrote that the Constitution contains no standards for resolving such claims.
He wrote that the board fully complied with the Open Meetings Act.
Dugan set a conference Dec. 7.