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Utah redistricting lawsuit parties agree on new timeline to redraw congressional map

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Katie McKellar
(Utah News Dispatch)

Attorneys for the Utah Legislature and plaintiffs in the redistricting lawsuit against the state have agreed on a timeline to redraw Utah’s congressional boundaries.

Third District Judge Dianna Gibson tossed out Utah’s 2021 congressional map in a ruling she issued last week that determined the Utah Legislature unconstitutionally repealed and replaced Better Boundaries’ 2018 voter-approved ballot initiative that sought to create an independent redistricting commission.

Attorneys for both the Legislature and the anti-gerrymandering lawsuit’s plaintiffs agreed on the following deadlines, according to a court filing submitted Thursday:

  • September 25: The Utah Legislature will publish its new proposed map.
  • September 26 to October 5: Lawmakers will hold a public comment period to take input on the map.
  • October 6: The Legislature will take a final vote on the map and submit it to the court for consideration. Plaintiffs will also have the same deadline to submit any proposed maps to the judge.
  • October 17: The deadline for both parties to file briefs, expert reports, and other materials in support or opposition to map submissions, if necessary.
  • October 23 to October 24: The court will hold an evidentiary hearing, if necessary.
  • October 28: The deadline for parties to file proposed findings of fact and conclusions of law with the court, if necessary.
  • November 10: The latest possible date for the court to select a final map, according to the lieutenant governor’s office.

Previously, Lt. Governor Deidre Henderson’s office had told the judge the latest a new map could be adopted would be November 1, in order to give county clerks enough time to finalize precincts before candidates can begin filing in January.

However, earlier this week during a status conference, Gibson asked if there would be any flexibility — even if it’s a matter of days — to push back her previously proposed schedule to give lawmakers more time to submit their maps. In her initial order last week, the judge proposed that deadline to be September 24.

The lieutenant governor’s attorneys said in another court filing earlier this week that they could push the November 1 deadline to November 10.

Additionally, Gibson had included in her initial order the opportunity for “third parties” — in addition to the Legislature and the lawsuit’s plaintiffs — to submit proposed maps. However, in their joint court filing, attorneys for both parties said they “agree that map submissions to the Court should be limited to the existing parties in this case.”

“Third parties have the opportunity to submit proposed maps and comments during the legislative process,” they wrote in Thursday’s filing.