In re 2011 Redistricting Cases
294 P.3d 1032
Alaska2012Background
- This case concerns Alaska redistricting following the 2010 census and a remand to ensure compliance with the Hickel process as required by our March 14, 2012 order.
- The Alaska Redistricting Board (the Board) initially adopted a Proclamation Plan in 2011; it received DOJ preclearance but was challenged for not following the Hickel process.
- Upon remand, the Board created a Hickel-based plan (FHickel) and then an Amended Proclamation Plan; objections asserted the Board still failed to follow Hickel and relied on unchallenged districts.
- The superior court denied final plan approval and held the Amended Proclamation Plan violated Hickel; we reviewed de novo for constitutional compliance.
- The majority holds that the Board failed to follow the Hickel process on remand and remands for a new plan drafted strictly under Hickel, while reversing some appellate-directive points about district-by-district findings and court submission at each drafting stage.
- Dissenting opinions argue for different interpretations of Hickel compliance and consider Southeast Alaska districts separately.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Board comply with the Hickel process on remand? | Riley argued the Board used unchallenged districts and failed Hickel. | Board contends Hickel template limited options but complied overall. | No; Hickel process not followed; remand for new Hickel-compliant plan. |
| Must the Board make district-by-district constitutional findings? | Board was required to provide explicit district findings per Hickel and prior order. | No per the remand order; general compliance suffices. | Rejected; majority reverses, allowing broader review (no per-district findings required). |
| Is mandatory submission of an initial Hickel plan to the court at every drafting stage required? | Superior court required court approval before VA compliance tweaks. | Such two-stage court involvement is not constitutionally mandated. | No; such staged court submissions are not required. |
| Are Southeast Alaska districts properly analyzed under Hickel and VRA constraints? | Southeast Alaska districts should be redrawn to avoid VRA-influenced shapes. | Southeast Alaska districts could be maintained under Hickel with minimal changes. | Partially; Southeast Alaska districts did not comply and require reformulation under Hickel. |
Key Cases Cited
- Hickel v. Southeast Conference, 846 P.2d 38 (Alaska 1992) (establishes Hickel process: constitution first, then VRA review; deviations only as needed for VRA.)
- In re 2011 Redistricting Cases, 274 P.3d 466 (Alaska 2012) (court commentary on redistricting standards and Hickel framework.)
- Groh v. Egan, 526 P.2d 863 (Alaska 1974) (context for de novo review of redistricting plans.)
- Carpenter v. Hammond, 667 P.2d 1204 (Alaska 1983) (cited regarding standards for redistricting review and constitutional testing.)
