Editorial: Redistricting peril for Clark County

Wednesday, Aug. 26, 1998 | 11:14 a.m.

Clark County Commissioner Myrna Williams warned her colleagues in April that redrawing political boundaries without using hard data from the U.S. Census Bureau was unconstitutional and would wind up in court.

Even if they didn't want to listen to Williams they could have taken independent legal advice. The Legislature's chief deputy counsel said the County Commission could change its political boundaries only if it used U.S. Census Bureau figures. Also, it was noted that twice during the 1990s the Legislature rejected proposals that would let the County Commission use information other than census data to redraw political boundaries.

Although that wasn't enough of a warning, a federal court ruling Monday should worry the County Commission that the path it has taken is fraught with peril. The federal court was faced with whether the Commerce Department could supplement its count of the U.S. population with a controversial population estimate -- statistical sampling -- in the 2000 census. The court ruled that Congress never gave the Commerce Department the authority to use anything other than an actual count, banning sampling. Sound familiar?

In the rush to correct a population imbalance among County Commission districts, the commissioners will rely on staff estimates that just as surely will damage "one man, one vote," the very principle that advocates of early redistricting claim to uphold. The commission -- egged on by some pundits who hypocritically believe it's OK to use imprecise data at the local level to redistrict, but at the same time believe it's horrible to use sampling at the national level -- made a bad decision.

There were enough legal uncertainties earlier this year for the County Commission to forgo plans to redraw its political boundaries, especially because the U.S. Census will soon be under way. Monday's federal court decision should make the County Commission reconsider its hasty decision to go forward with early redistricting.