Supreme Court rules newly redrawn legislative districts unconstitutional
The Supreme Court of Kentucky ruled Feb. 24 that the General Assembly’s redrawing of state legislative districts under House Bill 1 was unconstitutional. With its ruling, the Supreme Court affirmed the Franklin Circuit Court decision in the case. Proceedings took place earlier in the day in the Supreme Court Courtroom at the state Capitol in Frankfort. Due to the expedited nature of the case, the Supreme Court issued an order Feb. 24 rather than a full opinion. The court’s full opinion will follow the order.
Supreme Court Order
- Supreme Court Order 2-24-12
- Appellant Brief filed on behalf of Legislative Research Commission
- Appellee Brief filed on behalf of Alison Lundergan Grimes, Etc., The Kentucky State Board of Elections, and Maryellen Allen, Etc.
- Appellee Brief filed on behalf of David B. Stevens, M.D., David O'Neill, Jack Stephenson, Marcus McGraw and Kathy Stein
- Appellee Brief filed on behalf of Joseph M. Fischer, Jeff Hoover, Kim King, Frey Todd, and Anthony Gaydos
Before this Court is the decision of the Franklin Circuit Court, which held House
Bill 1 (2012), the reapportionment act of 2012, unconstitutional under Section 330fthe
Kentucky Constitution and further enjoined the implementation of the new legislative districts for the 2012 elections. Having considered the briefs filed by the parties and having heard oral argument thereon, this Court concludes that House Bill 1 (2012), the reapportionment act of 2012, is facially unconstitutional in violation of Section 33 of the Kentucky Constitution, as construed by Fischer v. State Board ofElections, 879 S.W.2d 475 (Ky.1994).
Accordingly, we affirm the trial court.
Because of the need for certification of candidates by the Secretary of State no
later than February 27,2012, and to ensure an orderly process for the Secretary of
State and the State Board of Elections to follow in conducting the upcoming elections,
this Court is compelled to reiterate that Appellant's motion to dissolve the temporary
injunction entered on February 7,2012, in the above-styled actions has been denied.
Until the General Assembly passes redistricting legislation that complies with Section
33 of the Kentucky Constitution, the terms of the injunction entered by the Franklin
Circuit Court remain in place as follows:
1. The districts as enacted in the 2002 Ky. Acts and codified in KRS 5.200, et seq.,
remain in place with the election to be conducted with the boundaries in effect
immediately prior to the enactment of House Bill 1 (2012).
2. The filing deadline for the aforesaid districts was February 10, 2012.
Due to the expedited nature of these actions, preparation of a full opinion at this
time was not possible but such opinion will follow this order.
All concur, except Scott, J., not sitting.
ENTERED: February 24-,2012.