The city requested that the appeals court stay the order requiring it to use a map drawn by plaintiffs in the upcoming March election.
Two of the three judges sided with the plaintiffs, with the third judge dissenting.
Because the ordinance passing that map outlined it would not go into effect before being deemed constitutional by the court, the plaintiffs argued the map was never actually put in place, therefore a return would be to the unconstitutional March map or outdated 2015 map.“In order for the proposed interim remedial plan set out in Ordinance 2022-800-E to go into effect, we would have to do more—much more—than simply stay the district court’s order,” the order said.
The quick turnaround time for the court to make its decision and file its response led to a brief narrative, the opinion read. The city requested the decision by Friday in order to prepare for the March election.Circuit Court Judge Kevin Newsom disagreed with the majority opinion, saying that the district court “violated” foundational principles in the case.
Disagreeing also with the argument of what constituted “status quo,” Newsom said the idea City Council could not put in place its November map because it was not deemed constitutional by the district judge was “overblown.” The Supervisor of Elections office has been working since Howard's ruling to populate the data from the new map, starting with deciding on new voting precincts, which leads to ensuring voters are placed into their new districts with the correct ballots.
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