MI Redistricting Committee Likely Violated Constitution: AG Says

MICHIGAN — Attorney General Dana Nessel said Monday a private meeting held last month by Michigan's redistricting commission should have been public. And its failure to do so likely violated the state's constitution.

The Oct. 27 meeting was held by Michigan's Independent Citizens Redistricting Commission behind closed doors to discuss two memos related to the Voting Rights Act and the history of discrimination in Michigan.

"Based on the titles of these memoranda, presumably, the matters discussed provided Commission members with certain legal parameters and historical context that should be considered in developing, drafting, and adopting the redistricting plans," Nessel said. "If this presumption is correct, then the Commission was conducting ‘business’ that should have been done in an open meeting."

Nessel went on to say since those matters should be instrumental in guiding the mapping process, the decision to discuss those items in private was "repugnant" and likely violated the state's constitution.

Under Michigan's Constitution article four-section six, the commission must conduct all its business in open meetings.

Since the memos discussed in the meeting were titled "Voting Rights Act" and "The History of Discrimination in the State of Michigan and its Influence on Voting," Nessel said the meeting was presumed to be business of the Commission.

"The Commission is tasked with developing and adopting new districts that will no doubt change the makeup of our elected legislators," Nessel said. "It remains imperative that such a monumental responsibility be conducted in a public forum. The citizens of this state are owed a transparent process and the Commission must do its best to meet that expectation."

The private meeting also came at a time when the commission was recently accused of drawing maps that violate the federal Voting Rights Act.

However, Nessel did say the commission could be allowed to meet privately behind closed doors, if discussions fall outside the realm of "business" within the commission.

"But one could imagine, for example, a discussion between the Commission and its counsel concerning litigation, or some other matter, that has nothing to do with the actual development, drafting, or adoption of the redistricting plans and could therefore be held in a closed session," Nessel said.

Nessel's decision came after two senators on the Senate Oversight Committee asked her weigh in the legality of the meeting.

Michigan voters decided in 2018 to allow an independent commission to draw new district maps following the 2020 Census.