Mark Martin Hires Outside Counsel In Redistricting Lawsuit

Arkansas Secretary of State Mark Martin (R) hired former Congressman and Republican gubernatorial candidate Asa Hutchinson’s law firm to defend his office in a lawsuit challenging black majority legislative boundaries.

Martin said in a press release today (Feb. 7) that the Asa Hutchinson Law Group, PLC, will represent the office in the federal lawsuit filed by State Senator Jack Crumbly (D-Widener) and other plaintiffs.  Martin has two attorneys on staff with experience in election law.

Martin and the other two members of the Arkansas Board of Apportionment — Gov. Mike Beebe (D) and Attorney General Dustin McDaniel (D) — are named as defendants in the suit for their roles in constructing new legislative boundaries for 35 State Senate seats.

The board redrew the Senate boundaries and 100 House seats as part of the decennial legislative redistricting process brought about by the U.S. Census.

The lawsuit alleges that the Senate maps denied or abridged the plaintiffs’ right to vote “on account of their race or color.” It also said the plan was created “with the intent and effect of diluting the voting strength of African-American voters in northeastern Arkansas…”

At issue is Senate District 24, which Crumbly has been drawn into under reapportionment. The lawsuit states that the black voting age population (BVAP) of the district is 53%, but a decade ago it was roughly 58%.

“But history has shown that BVAP of significantly less than 60% is not sufficient to permit African-American voters to elect a candidate of their choice,” the lawsuit said.

Crumbly, who is black, is facing a Democratic primary challenge from Rep. Keith Ingram (D-West Memphis), who is white.

Beebe and McDaniel, both Democrats, voted for the redistricting plan, while Martin, a Republican, opposed it.

“Many people know that the board adopted the proposed Senate maps on a split vote,” Martin said.  “The vote is a public record. Since suit has been filed, I do not want to comment any more on the pending litigation, or related issues. Exercising an abundance of caution, my office has retained separate counsel for this lawsuit, as we have in some cases in the past.”

McDaniel will defend his office, Gov. Beebe and the Board of Apportionment.  An office spokesman said Martin was within his prerogative to hire outside counsel.

“That is certainly Mr. Martin’s choice and we don’t have any comment on it one way or another,” said Aaron Sadler, spokesman for McDaniel.