Thursday, May 2, 2002 | 11 a.m.
The local chapter of the American Civil Liberties Union will review Las Vegas' latest redistricting proposal, which would give one neighborhood the right to vote in the spring 2003 election while denying another the same opportunity.
The newest redistricting proposal -- approved by City Council on Wednesday -- would resolve a squabble over nearly 4,000 residents in the Charleston Heights area who, if drawn into a new ward, would not have been able to vote for a council seat for eight years.
But by keeping the Charleston Heights neighborhood in Councilman Michael McDonald's ward, the same number of residents -- living between Washington Avenue and U.S. 95 and between Michael Way and Torrey Pines Drive -- would be drawn out of his ward and not be able to vote for a council representative for six years.
"We will review the proposed plan to determine whether or not it is constitutional and fair," Gary Peck, executive director of the American Civil Liberties Union of Nevada, said. "And we remain concerned that so many people will be unable to vote in a timely manner in the next election."
Retired Wisconsin Judge Frederick Kessler, who was hired by the city to redraw the boundaries, said the newest proposal was the best way to resolve the issue with the Charleston Heights neighborhood, which would not have been able to vote through two election cycles.
"It's the best that can be done," he said.
The newest map came after a weekend of protest by Councilwoman Lynette Boggs McDonald, who said the first version was unconstitutional and would disenfranchise voters.
While she acknowledged that the new proposal will still disenfranchise some voters and is not an ideal situation, Boggs McDonald said it is "far superior" to the original proposal.
"The original map created a scenario where an entire neighborhood could have gone a decade without the chance to vote for a council representative," she said.
A city committee will review the new proposal and forward a recommendation to the council for a final vote June 5.
Kessler said some dispute is inevitable, because the council has staggered terms, every four years.
During Wednesday's hearing, the council made it clear that it has no appetite to go through the process again. While Clark County and the state realign districts every 10 years, the city has done so seven times since 1977. The city last realigned districts in 1999, when residents voted to add two new council seats.
City Attorney Brad Jerbic said the city won't have to redistrict again until 2012, unless the council decides otherwise.
The city must redistrict this year, he said, because city charter mandates the process be done after a census year if the population of the wards differ by 5 percent.
The 2000 census numbers showed ward populations ranging from 74,000 to 91,000 residents, a difference of more than 20 percent.
Other than census years, the charter mandates redistricting every 10 years, Jerbic said.
"I have no intention of redistricting as long as I'm here, and certainly not until 2012, when we're mandated to," said Mayor Oscar Goodman, who is up for re-election in spring 2003. "The public should rely on the fact that we're not going to redistrict until then."
Residents of the Charleston Heights neighborhood were furious with the original proposal. They last voted for the Ward 2 seat in 1997. When the city went through a redistricting process in 1999 to add two new council seats, the neighborhoods were drawn into McDonald's ward.
Under the original proposal, those voters would be drawn back into Boggs McDonald's ward and would not vote again until 2005, when the Ward 2 seat would again appear on the ballot.
Under the new proposal, the Charleston Heights neighborhood will stay in McDonald's ward and vote in 2003. Another block of residents who voted for McDonald in 1999 would be drawn into Boggs McDonald's ward and vote next in 2005.
Kessler noted that if Boggs McDonald wins the race against incumbent Rep. Shelley Berkley for the 1st Congressional District, the residents would be able to vote next year for a new council member.
The residents, while not able to vote for a representative for six years, still will vote for mayor and municipal court judges.
Peck said the national ACLU's Voting Rights Project will determine whether the newest proposal is the best way to draw the boundaries.
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