Anderson violating Constitution after 4 decades without redistricting, judge rules
ANDERSON, Ind. (WISH) — A federal judge in Indianapolis has ruled that the Anderson City Council’s failure to draw fair electoral districts for more than four decades violated the U.S. Constitution.
The council was ordered to redraw the maps; they were last updated in 1982. The council simply ignored population changes that the U.S. Census Bureau identified in 1990, 2000, 2010, and 2020.
A lawsuit alleged that the Anderson council knew its districts weren’t proportionate, and, on Dec. 11, 2022, the members voted 6-3 not to redistrict before the 2023 elections.
Judge James R. Sweeney II wrote in a summary judgment issued Monday that “the City of Anderson’s City Council single-member electoral districts are unconstitutionally malapportioned in violation of the Equal Protection Clause of the Fourteenth Amendment. Accordingly, Defendants are ordered to correct this ongoing violation.”
The maps would be redrawn based on 2020 census data. Council members serve single-member electoral districts for four-year terms; the next election for the districts will be in 2027.
The judge in his order did not call for a special election before 2027.
Common Cause Indiana, the Anderson-Madison County NAACP Branch 3058, the League of Women Voters of Indiana, and two Anderson residents, Cassandra Riggs and Jeffrey J. Cottrell, sued the Anderson city government and the Madison County Board of Elections on June 13, 2023.
Their lawsuit noted Riggs and Cottrell lived in Council District 3, which was overpopulated compared to the others. In 2022, District 3 had 11,644 residents, compared to 9,627 in District 1; 9,151 in District 2; 7,490 in District 4; 8,494 in District 5; and 8,364 in District 6. The council also has three at-large members.
“The lack of substantial equality of population among the districts from which members of the Council are elected deprives Plaintiff Cottrell, Plaintiffs Common Cause, NAACP, and LWVIN members, and other residents in District 3, of a vote that is approximately equal in weight to that of other voters, in violation of the equal protection clause of the Fourteenth Amendment to the United States Constitution,” the lawsuit said.
The lawsuit also alleged the council and the county elections board were violating the Voting Rights Act of 1965.
The county elections board was sued because it’s responsible for administering elections in Anderson.
The Anderson City Council meets at 6:30 p.m. on the second Thursday of each month in the City Building, 120 S. Eighth St.
Anderson is about a 50-minute drive northeast of downtown Indianapolis.
Population website Stats Indiana estimates the city had nearly 55,200 residents in 2023. The 1980 census recorded 64,695 residents for the city.
Statements
“Redistricting is crucial to guaranteeing that our communities get the essential services and support they need from our government. When elected officials fail to redistrict properly, residents are stripped of equal representation. This decision is a welcome step forward to restore voters’ constitutional rights to fair representation on their city council.”
Linda Hanson, president, League of Women Voters of Indiana
“The Anderson City Council’s blatant disregard for the United States Constitution has denied its residents the right to equal representation since Ronald Reagan was president and ‘E.T.’ was the top movie in America. This obvious effort to protect incumbents is ridiculous and undemocratic. Updating districts to reflect new census population counts empowers the people to effectively advocate and ensures equal representation of communities. We are thrilled that the court ruled in our favor and finally extended that essential right to the people of Anderson.”
Julia Vaughn, executive director, Common Cause Indiana