Reapportionment deal nears

Tuesday, June 12, 2001 | 10:59 a.m.

CARSON CITY -- Senate and Assembly leaders reportedly are nearing an agreement on a Congressional and legislative reapportionment plan, an issue that was deadlocked in the regular session of the Legislature that ended last week.

Assembly Majority Leader Barbara Buckley, D-Las Vegas, said there have been "fruitful discussions" between Democrats and Republicans but said no details have been worked out.

She declined to comment on reports that a tentative agreement calls for continuing the size of the present Legislature at 42 Assembly members and 21 Senators and carving out a third Congressional District with an equal number of Democrat and Republican voters.

Senate Majority Leader Bill Raggio, R-Reno, could not be reached this morning.

The development comes as the Legislature gets ready to go into special session Thursday to tackle the issue of reapportionment.

While Democrats and Republicans try to hammer out a compromise reapportionment plan, two lawsuits have been filed to either force the Legislature to act or for the courts to do the redistricting.

Senate and Assembly negotiators met Monday in Reno to work out a compromise, but Assemblywoman Chris Giunchigliani, D-Las Vegas, chairwoman of the Committee on Elections, Procedures and Ethics, confirmed no agreement was reached.

The special session has been called by Gov. Kenny Guinn for Thursday, primarily to resolve reapportionment.

Giunchigliani said another private session might be held Wednesday.

Friday suits were filed in the Nevada Supreme Court and U.S. District Court in Reno by different parties.

The federal suit brought by six voters -- four in Las Vegas and two in Carson City -- says there is "no guarantee" the Legislature will achieve a fair redistribution.

The suit, filed by Reno lawyer John Desmond, said a failure to act on reapportionment would dilute the voting rights of Hispanics. The present districts for the Senate, Assembly and Congress "impermissibly discriminate because of race or Hispanic origin ..." said the complaint.

This suit asks for three federal judges to take over reapportionment. It also asks that the state be prevented from continuing with the districts as they are currently drawn.

Those who filed the suit are Robert McCune, Kyle Stephens, Silvia Ceballos-Rousseau and Marlene Montealivo, all of Las Vegas, and Audrey and Franklin Rich, both of Carson City.

Montealivo testified at legislative hearings in favor of the GOP Senate plan.

The suit filed in the Nevada Supreme Court by three Las Vegans asks that the Legislature be given until June 30 to come up with a constitutional plan. If the lawmakers fail, the suit asks that the court take over reapportionment and use the plan fashioned by Assembly Democrats as a basis for drawing the maps.

This suit, filed by attorney Kathleen England, said the Democratic plan would "properly and lawfully" realign the districts. And it said the GOP Senate plan was incomplete and would "preserve existing disproportionate voting."

The three plaintiffs -- Paul Aizley, Diana Wilson and Linda Wynn -- said they would "suffer significant damage as a result of inaction."

Desmond and England did not return telephone calls.

The Assembly Democratic plan would retain 21 Senate and 42 Assembly districts. The Senate Republican proposal enlarges the Legislature to 23 senators and 46 assemblymen.

The two sides deadlocked on boundaries for the third and new congressional district. Republicans wanted the voter registration even. Democrats sought a 6,500 voter registration edge.

Meanwhile Attorney General Frankie Sue Del Papa said she hopes to have a legal opinion ready by today regarding whether Guinn can limit Thursday's special session. She said preliminary analysis shows the governor may be able to put a restriction on the time.

But there are no prior Nevada court cases on this subject, she said.

The governor has been talking about a session that lasts no longer than 24 hours.

The Nevada Constitution does not address whether the governor has the power to put a time limit on a special session.