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TWIN FALLS COUNTY v. IDAHO COM'N

No. 39373.

271 P.3d 1202 (2012)

TWIN FALLS COUNTY, a political subdivision of the State of Idaho; the Board of Twin Falls County Commissioners; the City of Twin Falls; the City of Hansen; the City of Filer; the City of Buhl; Teton County, a political subdivision of the State of Idaho; the Board of Teton County Commissioners; Owyhee County, a political subdivision of the State of Idaho; the Board of Owyhee County Commissioners; Kootenai County, a political subdivision of the State of Idaho; and the Board of Kootenai County Commissioners, Petitioners, v. IDAHO COMMISSION ON REDISTRICTING, and Ben Ysursa, the Secretary of State of the State of Idaho, Respondents.

Supreme Court of Idaho, Boise, January 2012 Term.

January 18, 2012.

Attorney(s) appearing for the Case

Grant P. Loebs , Twin Falls County Prosecuting Attorney, Twin Falls, argued for petitioners.

Brian Kane , Assistant Chief Deputy Attorney General, Boise, argued for respondents.

EISMANN, Justice.

This is a petition challenging the constitutionality of Plan L 87, a legislative redistricting plan adopted by the commission for reapportionment. We hold that the plan is invalid because it violates Article III, section 5, of the Idaho Constitution by dividing more counties than necessary to comply with the Constitution of the United States. The commission for reapportionment is directed to reconvene to adopt a revised plan.

I.

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