Should the AG be on the LRB?
An interesting debate has been spun-off from last week’s Voter ID hearing: Should the Attorney General serve on the Legislative Redistricting Board?
You will recall that Atty. Gen. Greg Abbott declined the invitation of Senate Democrats to appear before the Committee of the Whole to answer questions about Voter ID: in particular, his office’s investigation of voter fraud in Texas. He reasoned that he shouldn’t appear as a witness taking sides in the debate, as his office would certainly be defending the state’s position in the expected court battle over the new voting rules.
Sen. Bob Duncan, who had the unenviable job of keeping order during the Committee of the Whole, said he agreed with Abbott’s position (though he denied published reports — based on statements from the AG’s office — that he instructed Abbott to stay away). On Friday, he took that position a step further, and filed SJR 41, which would replace the attorney general with the agriculture commissioner on the Legislative Redistricting Board.
Duncan said he has always though the AG’s role on the LRB is “unusual” as it puts the state’s attorney in the position of defending a plan in which he or she is also a decision-maker. “What if the Attorney General voted against a particular redistricting plan and then had to defend it in court?” he asked. “It is an inherent conflict.”
Shortly after the Committee of the Whole debate, Duncan learned that Rep. Mark Homer had filed HJR 53 giving the AG’s spot on the LRB to the ag commissioner. “When I heard about that bill over there, I said I’ll carry it on the Senate side,” Duncan said.
Duncan said the bill is “very consistent with (his) philosophy,” and noted the added benefit that the ag commissioner would bring rural representation to the LRB.
I asked Duncan if the dust-up over Abbott’s appearance last week had influenced him, since it appeared the attorney general tried to blame Duncan for his failure to appear.
“No. I am not a vindictive person. I wish I had thought of this earlier,” Duncan said, adding that he advised the attorney general’s office of his decision to carry the resolution. “I don’t need to make my friend Greg Abbott mad. I don’t have time for stuff like that.”
Tagged: attorney general greg abbott, legislative redistricting board.
Floozikins says:
Does anyone want me to weigh in on this one?
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Spiro Eagleton Reply:
March 17th, 2009 at 1:07 pm
No.
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Anonymous says:
No, the AG should not be on the LRB — at least the current one is way too political! But why replace him with the Ag Commn’r? Is that because agriculture is abbreviated AG?
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A-Anon says:
Because the ag commissioner is the only other statewide official who isn’t on the LRB and actually wouldn’t be at least a resource witness in a redistricting hearing.
Comptroller – she’s on LRB
Land Commissioner – he’s on LRB
Secretary of State – would have similar potential for conflict as the AG
So there ya go.
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Miss Jeri Mander says:
Uhh…the Railroad Commissioners are not on the LRB.
This is actually a good idea, but I doubt it can get 100 votes in the House and 21 in the Senate and get passed by the voters. That’s a steep hill to climb so late in the game.
And Abbott might take this personally; so do you want to be a Senator or House member voting for this and then have Abbott drawing your district?
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A-Anon says:
Uhhh…the Railroad Commission is a commission. How would you pick among them? They rotate the chairmanship.
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Anonymous says:
Since we’re now into recognizing conflicts of interest, I guess the Chief Justice of the Texas Supreme Court is out of the question? Why not go with the Presiding Judge of the Texas Court of Criminal Appeals??
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Anonymous says:
Since it is called the legislative redistricting board, how about keep it in the legislature and force them to agree on a map or go with Wentworth’s idea of a nonpartisan commission?
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Mark says:
I don’t understand these arguments anyway. The federal courts will ultimately decide the constitutionality of the new districts, no matter who draws them or represents the state in court. When it comes to redistricting, would the state’s counsel really have an impact on the court’s ruling?
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Anonymous says:
This constitutional amendment is just like Wentworth’s proposal – dead on arrival.
And no Senator Wentworth, Governor Perry would veto your bill so fast your head would spin.
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Anonymous says:
A-Anon: you said “the ag commissioner is the only other statewide official who isn’t on the LRB” so Jeri Mander was just pointing out you were incorrect. Your response was bizarre.
Are you really Moderate Texas Dem in disguise?
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