Web posted Friday, September 22, 2000

WASHINGTON (AP) -- The Justice Department asked a federal court Thursday to dismiss a case involving a Virginia statute barring the use of sampled census data when the state redraws its political districts.

The case is the first of what are expected to be numerous legal challenges associated with the Census Bureau's scheduled release of a population count adjusted by the statistical method known as "sampling." It is being watched closely by other states with similar laws.

The Virginia Legislature passed the law this year requiring the use of nonsampled data for redistricting.

The bureau plans to issue both a traditional head count and a second set of,numbers adjusted by sampling, which statisticians believe will be more accurate.

Because of a history of racial discrimination, Virginia is one of 16 states under the federal Voting Rights Act that must seek federal approval before enforcing changes in laws such as those governing legislative redistricting.

In April, the state asked U.S. District Court for the District of Columbia to rule their law requiring use of nonsampled data was acceptable and should not be subject to Justice approval.

During the hour-long hearing Thursday before a three-judge panel, Justice, attorney Steven Pershing argued that "ultimately, the issue in this case can't be decided ... before Census numbers are released ... There is no harm to wait until Census numbers come out."

Every 10 years, states must redraw congressional and legislative districts to reflect population shifts. Each district must be as equal in population as possible to meet the Supreme Court's one-person, one-vote mandate.

The Census Bureau must release the actual head count for all 50 states by Dec. 31. However, that release will not break down population counts for more specific geographic areas such as counties and municipalities --information essential for states to redistrict.

The local data must be released by April 1 -- the same day that sampled data, if approved by the Census Bureau, must be released. Virginia Deputy Attorney General Frank Ferguson said that timeline did not give the state enough leeway to draw up new political boundaries. Virginia is one of a few states, including New Jersey, that have major off-year elections.

Virginia law currently allows for the June 2001 primaries to be pushed back as late as September of that year. "There is a very real possibility that we could not hold (general) elections by November of 2001," Ferguson said. "Legislators just can't come into town and draw those (redistricting) plans overnight."

The judges gave no timetable for a decision.

Supporters of sampling say it helps account for those missed, including minorities, the poor, and inner-city residents -- segments of the population that tend to vote Democratic.

Republicans, in general, say the Census Bureau's sampling plan is flawed. Some GOP leaders fear that using sampled data could lead to new political districts with higher concentrations of Democratic voters.

Fifteen cities and counties from around the country have also entered the case against Virginia, arguing the plan would be harmful to urban areas that need sampling to fully account for their population and share of federal dollars. They include Los Angeles; Richmond, Va.; Houston; Denver; Inglewood, Calif.; Oakland; San Francisco; San Antonio; Dearborn, Mich.; and Dade County, Fla.