Redistricting commission sues Michigan Legislature for $3.2M

The Michigan Independent Citizens Redistricting Commission has filed a lawsuit against the Michigan Legislature for failing to fund the commission for nearly three months.

The Monday suit, which seeks a $3.17 million budget for the 13-member commission, argues the state's failure to fund the commission since the start of the new fiscal year Oct. 1 is in "direct contravention" of the state constitution, which requires the Legislature to give the commission enough money for it "to carry out its functions, operations and activities."

Though the redistricting commission's duties largely concluded a year ago with the adoption of new district maps, the panel continues to meet roughly once a month and has ongoing expenses related to the legal defense of the new maps against two federal challenges.

"The Michigan House of Representatives and the Michigan Senate have violated this constitutional mandate by failing to appropriate funds sufficient to enable the commission to carry out its functions, operations and activities for fiscal year 2023," the lawsuit said.

Under the 2018 constitutional amendment establishing the redistricting commission, the commissioners are required to be paid 25% of the governor's $159,300 annual salary, or roughly $39,800.

The constitution also requires the Legislature to fund the commission "at an amount equal to no less than 25 percent of the general fund/general purpose budget for the secretary of state for the fiscal year," which comes to about $3.17 million, according to the commission's executive director Edward Woods.

The case was assigned to Court of Claims Judge Douglas Shapiro, an appointee of former Democratic Gov. Jennifer Granholm.

The Senate Appropriations Committee had set aside about $1.5 million for the commission earlier this month, but it fell to the wayside when the outgoing GOP-led Legislature and Democratic governor couldn't agree on a broader year-end supplemental budget, said Matt Sweeney a spokesman for Senate Majority Leader Mike Shirkey, R-Clarklake.

"The commission will have to explain to the new Legislature or the courts why the need more than double that amount. Or perhaps why they still exist at all, since they completed their work months ago," Sweeney said in a statement.

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Gov. Gretchen Whitmer in her initial budget recommendation did not include funding for the redistricting commission for this fiscal year, but her budget office in early November recommended the reauthorization of about $1.5 million in money remaining from the last fiscal year.

The Michigan Legislature, for its part, provided some supplemental funding to the group earlier this year but did not reauthorize additional funding in the new fiscal year.

A supplemental that had the potential to include funding for the commission fell apart last week during late-night negotiations between the Democratic governor and outgoing Republican-led Legislature. The Wednesday negotiations marked the last day the Legislature will be in session this year.

The incoming Democratic-majority Legislature will likely handle budget requests from the commission in the future.

eleblanc@detroitnews.com