house resolution no.17
Rep. Hornberger offered the following resolution:
Whereas, On August 9, 2011, following the 2010 Census, then-Governor Rick Snyder signed into law Public Acts 128 and 129 of 2011. These acts collectively provided for the redistricting of congressional and state legislative districts, as required by the U.S. and Michigan constitutions and in accordance with state law. Specifically, Public Act 129 of 2011, which passed both chambers of the Legislature with bipartisan support, provided for the redistricting of the Michigan House of Representatives and the Senate; and
Whereas, On December 22, 2017, the League of Women Voters of Michigan and other named individuals filed an action against the Secretary of State, in her official capacity, in the United States District Court for the Eastern District of Michigan, Case No. 2:17-cv-14148, contending that the congressional and state legislative district maps are unconstitutional partisan gerrymanders in violation of the First and Fourteenth Amendments of the U.S. Constitution; and
Whereas, Following the filing of the action, then-Secretary of State Ruth Johnson engaged in a vigorous defense of Public Acts 128 and 129 of 2011, including the filing of multiple motions to dismiss the lawsuit and for summary judgement. On November 6, 2018, the people of Michigan elected Jocelyn Benson as Secretary of State, succeeding Secretary of State Johnson on January 1, 2019; and
Whereas, On January 17, 2019, Secretary of State Benson, through newly appointed counsel, filed a motion to stay the proceedings. In the motion and subsequent filings and public statements, the Secretary of State expressed a desire to cease defending the law and instead settle the matter with the plaintiffs, including by agreeing to allow for the redrawing of state legislative districts for the 2020 elections. The filing of such a motion effectively ended the adversarial role of the Secretary of State and its meaningful participation in and defense of this matter; and
Whereas, The Speaker of the House moved to intervene in his official capacity, and intervention was granted after appeal to the United States Court of Appeals for the Sixth Circuit; and
Whereas, Members of the Michigan House of Representatives now have an additional interest in this matter, as the proposed remedy could invalidate numerous House districts and result in the redrawing of substantially more than that number; and
Whereas, The House of Representatives must seek to defend its unique role in Michigan's constitutional system; now, therefore, be it
Resolved by the House of Representatives, That the Speaker of the House, in his official capacity as an intervenor, is authorized to speak for the House of Representatives in League of Women Voters of Michigan, et al v. Jocelyn Benson (2:17-cv-14148) and take all necessary steps incidental thereto, including, but not limited to, pursuing or defending any appeals.