Tennessee Democrat Bob TukeNASHVILLE -- A black state legislator from Memphis and seven others are challenging the constitutionality of Senate Republicans' redistricting plan in a lawsuit filed Friday in Davidson County Chancery Court.
The suit, filed by former Tennessee Democratic Party Chairman Bob Tuke, seeks to have the plan thrown out on grounds it violates the Tennessee Constitution.
It also seeks to block implementation of the plan, the first drafted by Republicans in state history.
The suit says majority Republicans ignored a competing plan offered by the General Assembly's Black Caucus, which would have split fewer counties when the 33 Senate districts were redrawn according to the latest U.S. census figures.
"What we're seeking is an injunction against this new redistricting and a declaration that it's unconstitutional and accordingly should be thrown out," Tuke said.
The Republican plan splits eight counties while the Black Caucus plan splits only five. The Tennessee Constitution prohibits splitting of counties but in modern times courts have allowed the practice if it's kept at a minimum.
"Despite the fact that the Tennessee General Assembly had in front of it a State Senate plan that minimized county splits while still complying with federal law, the General Assembly instead enacted a plan that needlessly split counties, thus violating the Tennessee Constitution," the suit says.
Tuke said the Black Caucus plan would have caused fewer districts to cross county lines. In 2002, the Senate redistricting plan only split five counties, he said.
The suit says the excessive splits violate Article II, Section 6 of the Tennessee Constitution and that the plan fails to comply with one-man, one-vote mandates derived from the U.S. Constitution's Equal Protection Clause as well as the federal Voting Rights Act.
The lawsuit names Republican Gov. Bill Haslam, who signed the GOP's redistricting plan, and state elections officials as defendants.
Efforts to reach Haslam spokeswoman Alexia Poe and Republican Senate Speaker Ron Ramsey by email were unsuccessful.
Among the group of black voters challenging the lawsuit was state Rep. G.A. Hardaway.
While the suit focuses on Shelby County, it also lists Hamilton and Bradley counties among the other counties split.
Hamilton was legally split into two Senate districts decades ago because its population far exceeded the state's average district size.
But because Hamilton County's population growth failed to keep up with other counties in the 2000 U.S. census, Democrats in their 2002 redistricting plan expanded Senate District 10, held by then-Sen. Ward Crutchfield, D-Chattanooga, to take in all of Marion County.
This time around, with Republicans wielding the redistricting pen, Republicans lopped Democratic-leaning Marion from the district, now held by Sen. Andy Berke, D-Chattanooga. They then split Republican-leaning Bradley and inserted a large portion of the county into Berke's Chattanooga-based district.
Democrats at the time questioned the constitutionality of splitting two counties to make up a Senate district. Berke since has announced he will not seek re-election and is seriously weighing a 2013 bid to become Chattanooga mayor.
Tuke said the lawsuit focuses on Shelby County because it is an easier case to make.
Efforts to reach Berke on Friday night were unsuccessful.