Miller seeks high court intervention on redistricting

CARSON CITY -- Secretary of State Ross Miller asked the state Supreme Court on Monday to order a district judge to rule on several legal matters before he allows a panel of citizens to start redrawing congressional and legislative district boundaries.

Miller wants the justices to either require Carson City Judge James T. Russell to decide whether there should be a majority Hispanic population congressional district and related questions or make the decision themselves.

He fears that if the panel of three special masters decides whether there should be Hispanic majority congressional and legislative districts, then their decisions would be challenged in court, causing delays that could jeopardize the 2012 elections. The Democratic and Republican parties disagree on the topic.

Candidates start filing in March for the elections, and their districts must be finalized before they can file.

In his lawsuit filed Monday, Miller noted that independent candidates can start circulating petitions Jan. 2 for seats on the ballot but can collect signatures only from registered voters in the election districts for the seats they seek.

The secretary of state, the state's chief election officer, wants the Supreme Court to direct Russell by Oct. 12 to answer whether the special masters should create majority Hispanic districts.

On Sept. 21, Russell ducked answering the majority Hispanic district question himself. Instead, he directed the special masters to hold public hearings Oct. 10-11 on redistricting and then meet in private starting Oct. 12 to draw new congressional and legislative district maps.

The judge ordered the panel to finish its work by Oct. 21. He plans to conduct a Nov. 16 hearing to decide whether to accept their maps or request changes.

Under the state constitution, after every national census the Legislature must redraw legislative and congressional districts to reflect population changes. Nevada was awarded a fourth congressional seat because of its population growth. Hispanics now have 26.5 percent of the state population, and Republican legislators want a majority Hispanic congressional district and 12 majority Hispanic legislative districts.

Gov. Brian Sandoval, a Republican, twice vetoed redistricting plans approved by Democrats in this year's legislative session because they did not create a majority Hispanic congressional district or many Hispanic legislative districts.

Because of the legislative impasse, redistricting ended up before Russell .

The judge later named Carson City Clerk Alan Glover, Las Vegas lawyer Thomas Sheets and former Legislative Counsel Bureau research analyst Bob Erickson as the panel to handle redistricting.