One bit of consternation from the City-County Council’s recent budget vote was the allocation of $290,000 for redistricting.   In 2010 a new census will be taken and those figures will be used to draw a new City-County Council map.  What makes this interesting is although the census is being taken in 2010, the full results won’t be available until the Spring of 2011.  The primary is in May; however candidates have to file by February.

Complicating matters is the Indiana Code (IC  3-11-1.5-32) which says, for the most part, no redistricting can be done after November 8 of the year proceeding the year in which a municipal election is to be held and before the day following the date on which the municipal election is to be held.  One would think that this would be an open and shut case and the Council could not redraw the map before the primary.

My political counterpart Amos Brown went out of his way in a recent column in the Indianapolis Recorder to make this argument.  However my good friend Mr. Brown and the people who have come out of the closet to support him (talk about strange bedfellows) have failed to grasp one minor fact.  Although the Code says you cannot redistrict after November 8^th of the year proceeding the election,  there is no prohibition on redrawing the map before the November 8^th deadline; prior to completing the census.

Where’s that?  Section 3 of IC 36-3-4-3; the law states the following…

This division shall be made during the second year after a year in which a federal decennial census is conducted and may also be made at any other time, subject to IC 3-11-1.5-32.

This means the Council can redraw the maps before the census is complete by using early data as outlined by IC 1-1-3.5-3, but they would also have to redraw the maps after census is done as well.    As long as the Council draws a map between November 8, 2010 and November 3, 2011, it is free to do as it pleases, within reason of course. The law the new maps would have to be compact, subject to natural boundaries, of near equal population and do not cross precinct boundary lines.   And history has shown that maps drawn using early census data don’t change that much once the final data is available.

And for the people ready to jump out of the hood and yell racism and Voting Rights Act violations, as long as African-Americans don’t have a net loss of any representation on the Council, I really don’t see any place where the Free Huey crowd has to go.   If anything,  Latinos may have a claim if enough of them are concentrated in one area.

And just to add some icing to the cake, there is another provision about redistricting that I don’t think anyone opposed to early redistricting has read, IC 36-3-4-3.

An election of the legislative body held under the ordinance or court judgment determining districts that is in effect on the date of the election is valid, regardless of whether the ordinance or judgment is later determined to be invalid.

And if you still don’t believe me,  I point you back to 1991 and 1971, where the Council used preliminary data to draw maps for the subsequent elections in 1993 and 1973.   The 1991 redistricting was done based on 1990 data as the result of litigation involving the at-large seats and minority representation on the Council.

Now we can debate whether this is a good use of taxpayer funds and whether the Council should just wait until 2011 to redistrict.  But to try to make the legal argument that it can’t be done doesn’t fly, especially when it’s clear opponents haven’t read the code in its entirety.   Better luck next time.

Democrat Joe Hogsett exiting the race for Mayor of Indianapolis raises a lot of interesting questions.

1. Now that Hogsett is out, where will his supporters go?  Will they flock to Melina Kennedy, will they look at Kip Tew, Jose Evans or Brian Williams?
2. Does Hogsett’s exit pave the way for a “dark horse” candidate to enter the race?
3. Did Hogsett decide to run for another office in 2010 instead of 2011?
4. Did money play a role in his decision to exit the race?  This economy has taken its toll on donors just like everyone else.
5. If Kennedy is the front runner, does she run the risk of pulling a Hilary Clinton, where you’re so far ahead the only place left to go is down?
6. What does this mean for Greg Ballard, would Hogsett have been the most formidable opponent?

Lots of questions; anyone want to speculate on the answers?

My very reliable sources are telling me the anti-smoking people are about go at it again and try to push for a total public smoking ban in Marion County.  Under the current law smoking is only allowed in places that are either not open to the public or only allow adults; a reasonable compromise that was worked out four years ago.

I don’t see why my anti-smoking friends would want to push for a total ban when the free market has addressed this issue.   There are a number of  smoke-free drinking and eating establishments in Marion County.   Indy Jazz Fest went smoke free and my part-time employer, Crackers Comedy Club, has also gone smoke free.  Consumers and workers have plenty of choice as to whether they want to patronize or work in a smoke-free environment.

In addition, a poll done by Smoke Free Indy shows more than 80% of the County’s population like the current compromise.    So if everyone has choice and everyone likes the current compromise, what reason is there to change anything?

You ponder that while I’m having a cigar.

I have to hit the road this weekend, but I couldn’t leave without dropping these tidbits of gossip, rumor and blatant innuendo.  Enjoy.

Super Bowl Shuffle

• The head of the Marion County Emergency Management Agency has managed to get on the bad side of the FBI.  As the City puts together its plan for security for the 2012 Super Bowl,  I’ve discovered that EMA Director Jim White has managed to annoy the “you-know-what” out of the FBI by overstepping his bounds and authority on several occasions.  Things have gotten so bad that the FBI has apparently told the city that they are no longer dealing with White and prefer to have someone else as their point person on security.

Water Works

• City-County Councilor Ben Hunter says it may be time or serious changes at the Indianapolis Water Company.  The Utility is planning to ask the State for an 11% rate increase for some capital improvement projects.  Hunter, who chairs the Public Works Committee, says while the Council can’t stop the Utility from asking the state for a rate increase, it can use some of its other power to reign in the board.   Hunter says the Water Company has been mismanaged in the past and it may be time to get rid of  the current board and get one more responsive to the taxpayers.

Melina’s Mayoral Run

• As Melina Kennedy moves forward with her run for Mayor in 2011, she may want to brush up on her economic development stats.   Kennedy touts her time as the head of economic development for former Mayor Bart Peterson.  However, I’ve been informed by some of her rivals that job creation in Indy was virtually stagnant during her tenure with Peterson.  Keep an eye on that issue.

CCC Redistricting

• Despite charges that the Indianapolis City-County Council would be breaking the law by redistricting prior to the completed census results in 2011, it turns out the Council actually can legally redraw the maps beforehand.   I’ll have a fully spelled out legal argument and rationale when I come back.  You’ll love it, Amos.

Back on Monday.  Play nice.