Posted by AzBlueMeanie:

The next public hearing of the Arizona Independent Redistricitng Commission (AIRC) is scheduled for Thursday in Tempe.

September 8, 2011

Fiesta Resort – Galleria Ballroom
2100 S. Priest Drive
Tempe, AZ 85282

2:30 P.M.

Agenda Info

Tentative Meeting Schedule – These are meeting dates that we are trying to put together for future meetings. These are NOT meeting announcements.

• September 8th, Thursday – Tempe, 2pm to 9pm
• Sept 9th, Friday – Tucson, 3pm to 9pm
• September 12, Monday – Casa Grande, 9am to 7pm
• September 14th, Wednesday – Casa Grande, 9am to 4pm
• September 15th, Thursday – Phoenix, 1pm
• September 16th, Friday – Phoenix, 9am to 4pm – location pending

  September 22nd, Thursday – Casa Grande, 1pm to 9pm – location pending

• September 23rd, Friday – Casa Grande, 9am to 4pm – location pending

Steve Muratore reports at The Arizona Eagletarian: Redistricting — transparency, prison populations and more:

Thursday's meeting of the Arizona Independent Redistricting Commission will take place at the Fiesta Resort and Conference Center in Tempe at 2:30pm and may last into the evening.

The agenda includes a briefing and discussion on ways to deal with prison populations, as well as taking up the notion of the five commissioners having to disclose who is contacting them to lobby about map drawing issues.

See the Arizona Capitol Times (subscription required) Redistricting commission to consider disclosing outside influences:

The decision to consider some sort of public disclosure of who the commissioners may be discussing their work with came only days after the commission decided to impose a similar rule for its mapping consultant, Strategic Telemetry. The requirement for Strategic Telemetry to log all contact with anyone outside the commission was debated for several weeks by commissioners, and was intended to allay concern about the firm’s ties to the Democratic National Committee and Democratic candidates.

But the double-standard of applying such disclosure requirements to the commission’s mapping firm, while not requiring such contact disclosure from the actual commissioners was not lost on them.

The commission’s independent chairwoman, Colleen Mathis, made the motion at the panel’s meeting on Saturday to take up the issue at the group’s next meeting, which is scheduled for Sept. 8. She told the Arizona Capitol Times the public should know who is lobbying the commissioners for favorable districts, or if it’s the case, that they’re not being lobbied behind the scenes.

If the commissioners subject themselves to the same rules as its contractors, it will be interesting to learn how many elected officials, and the lawyers for the GOP redistricting front group FAIR Trust (who assert that they are not lobbyists) have been lobbying the AIRC. The contact list should include whom that individual represents. I would argue that disclosing "FAIR Trust" (if that is its actual entity name) is simply not good enough, they should be required to disclose the principals whom these lawyers actually represent. After all, they have whined about transparency when their clients are hiding in the shadows.

As for the prison-based gerrymandering issue, it is my understanding that Arizona's private prisons, as opposed to Department of Corrections prisons, have told the AIRC that they will not provide the commissioners with information regarding prisoner ethnicity and last known residence or domicile of prisoners on the grounds that this is "proprietary" information.

Proprietary information is how the company conducts its business. Demographic data is within the purview of the AIRC in conducting its constitutionally prescribed role in redistricting. This involves consideration of numerous factors including race, ethnicity and national origin, and should include the last known residence or domicile of prisoners because under the Arizona Constitution, prisoners are not residents where they are incarcerated for purposes of voting (felons cannot vote in Arizona).

“For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of being present or absent… while confined in any public jail or prison.” (Arizona Constitution, Article VII, § 3.)

The Arizona Supreme Court has held that the AIRC is a quasi-legislative body for purposes of ministerial functions, i.e., conducting its constitutionally prescribed duties in redistricting. A legislative body has the power of investigation and to compel testimony or evidence as part of its investigation. The demographic data sought is within the purview of the AIRC in conducting its constitutionally prescribed duties in redistricting. The AIRC should not hesitate to issue subpoenas with a request for production of documents to Arizona's private prisons if they will not voluntarily comply. AIRC counsel should be prepared to go to court to obtain an order to compel production, if necessary. Don't take "no" for an answer.

This is what Attorney General Tom Horne is doing in his politically motivated witch hunt against the AIRC — even though the AIRC enjoys legislative immunity for its ministerial functions. Steve Muratore continues at The Arizona Eagletarian: Redistricting — transparency, prison populations and more:

Last Saturday, the New York Times ran a story rehashing the controversy surrounding the AIRC. The only bit of new information, which was also news to the members and staff of the AIRC at that time, is that Horne intends to "file a motion" to compel cooperation by AIRC commissioners Mathis, McNulty and Herrera.  Today, Arizona Capitol Times writer Evan Wyloge reported that Horne intends to file a special action in superior court this week for that purpose.

To get a judge to order the AIRC commissioners to cooperate, Horne would have to demonstrate the reasonableness of the investigation and that they are refusing to cooperate. AIRC counsel can argue, and probably will, both that the commissioners are subject to legislative privilege and that Horne has a conflict of interest in the matter.

Steve Muratore previously posted the documents that the AG's office provided to him that Horne alleged constituted enough interest to him to initiate an investigation into the AIRC. The Arizona Eagletarian: Redistricting — Open Meeting issues? — UPDATED:

The documents upon which Horne initiated his partisan witchhunt can be found here.

These documents consist almost entirely of letters from angry teabaggers repeating the Astroturf claims of impropriety that they share with one another and incessantly repeat in testimony at AIRC hearings, even after having been fully debunked, as if saying it often enough somehow makes it true. I did not find anything credible in this initial batch of so-called "evidence" that would merit Tom Horne opening an investigation.

This is why I say Tom Horne is abusing the powers of his office for an improper politically motivated witch hunt that should land him in front of the State Bar of Arizona on an ethics complaint, the same as former Maricopa County Attorney Andrew Thomas, who is on trial for his improper politically motivated witch hunts of Maricopa County elected officials and judges. They are both cut from the same cloth.

I still have not seen any follow-up reporting from Howard Fischer at Capitol Media Services, or anyone else for that matter, on Fischer's earlier reporting about Sen. "Don't make me angry" Frank Antenori's assertion that he has "proof" of impropriety by the commissioners. Horne investigates redistricting commission over alleged procurement, open meeting violations – East Valley Tribune:

Sen. Frank Antenori, R-Tucson, said he has proof that laws were broken.

"We have evidence of destruction of government documents subject to public record request, shredding, as a matter of fact," he said. He also said there is evidence of "bid-rigging."

Antenori said he is making what he has available to Horne. He said he was unable to immediately get copies to Capitol Media Services.

if so, where's your evidence Frank? This is character assassination by innuendo and insinuation. Why is Antenori getting a free ride from the media?

It's time for the media villagers to start playing hardball with Tom Horne and FOIA his investigation file. It's time for Horne to put up or shut up, and end this farce of a politically motivated witch hunt.

UPDATE: Press release from the Arizona Democratic Party:

Statement on Attorney General Horne's
partisan attack on redistricting commissioners

Andrei Cherny, Arizona Democratic Party chairman, gave the following statement today:

"Today's action by Attorney General Tom Horne is yet another example of partisan interference with the independence of the Arizona Independent Redistricting Commission. It is part and parcel of a concerted Republican campaign of intimidation and distraction that began on day one and ranges from disruptions at hearings to threats by Speaker Tobin to remove the chair to the violent rhetoric of Senator Antenori. Horne's entire investigation of these commissioners is based on little more than partisan e-mails and unsourced blog posts, and it amounts to harassment of these citizen volunteers. Partisan politicians such as Horne should back off and let the commissioners do the work Arizonans want them to do: produce fair, competitive districts free of partisan gerrymandering."

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