FOR IMMEDIATE RELEASE:
December 16, 2010

CONTACT:
Brandon Hensler, Director of Communications, (786) 363-2737 or media@aclufl.org

TALLAHASSEE, Fla. – The ACLU of Florida today filed a motion to intervene as defendants in the lawsuit brought by Congresspersons Mario Diaz-Balart and Corrine Brown, which challenges one of the Fair Districts Amendments that was added to the Florida Constitution when it was adopted by voters on November 2, 2010.

Amendments 5 & 6 passed with over 60% of the vote, and when implemented will end gerrymandering and bring a fair districting process to Florida. They will also add protection of minority voting rights to the Florida Constitution for the first time.

The Congresspersons claim that Amendment 6 violates the federal Voting Rights Act which, according to the Congresspersons, ensures “the preservation of minority incumbents in positions of legislative influence and leadership.” The Congresspersons also claim that Amendment 6 violates the U. S. Constitution, which provides that “The times, Places and Manner of Holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”

The ACLU and its political committee, People Over Politics, campaigned throughout Florida in support of the Fair Districts Amendments to end gerrymandering, and political and racial packing of legislative districts. The ACLU, intervening on behalf of its members who are registered Florida voters, is seeking to protect the anti-gerrymandering amendments approved by the voters.

“The passage of Amendments 5 & 6 was a major victory for voters in Florida,” stated Howard Simon, Executive Director of the ACLU of Florida. “Under Florida’s rigged and broken system, the odds have been stacked against fair and competitive elections. When Floridians went to the polls and passed these amendments, they brought an end to the era of gerrymandering that had left many Floridians without a voice in government.

“We hope that the federal courts reject this bizarre analysis of the Voting Rights Act by which the protection of minority voting rights is transformed into a law that protects minority office-holders. The ACLU intends to defend the people’s amendments and put an end to gerrymandering,” continued Simon.

Laughlin McDonald, Director of the National ACLU Voting Rights Project and one of the attorneys for the Intervenors, said: “The challenged constitutional amendment doesn’t discriminate against anyone. It only attempts to insure that the redistricting process is fair and that all voters have an equal voice.”

A PDF copy of the motion filed today can be found here.

A PDF copy of the ACLU memo in support that was filed today can be found here.

The motion to intervene names four individuals and the ACLU of Florida – on behalf of its members – as defendant-intervenors in the lawsuit. If granted, the Motion to Intervene would permit the ACLU to defend the Fair District Amendments in court.

ACLU attorneys intervening in the federal lawsuit include: Laughlin McDonald, National ACLU Voting Rights Project Director based in Atlanta; and Randall Marshall, ACLU of Florida Legal Director.

About the ACLU of Florida
The ACLU of Florida is freedom's watchdog, working daily in the courts, legislatures and communities to defend individual rights and personal freedoms guaranteed by the Constitution and the Bill of Rights. For additional information, visit our web site at: www.aclufl.org

                                                # # #

2010 Press Releases