A letter from the Broward County Republican Party chairman complaining about the redesigned congressional district of Rep. Allen West could trigger legal challenges, a tea party activist says.

"Just when I thought the GOP couldn't get more incompetent, Broward comes along with an effort to save an incumbent? This is Exhibit A in the first lawsuit," said Henry Kelley, chairman of the Fort Walton Beach Tea Party.

Broward Chairman Richard DeNapoli, in a lengthy letter to legislators, asserted that boundaries drawn by state House and Senate mapmakers unfairly lengthen the odds for West's re-election prospects in the 22nd Congressional District.

By chopping off the Republican-rich northern portion of the district and attaching an inland swath that leans Democratic, the newly configured CD 22 turns up to 5 percentage points bluer.

DeNapoli notes that the current district voted 49.1 percent for Republican Rick Scott in 2010. The new version would have gone only 44.9 percent for Scott.

Kelley agrees that the new maps do West no favors, but questions DeNapoli's arguments and tactics.

"The Broward GOP must be about the most clueless group in Florida. The [Fair Districts] law specifically prohibits protecting incumbents -- which in my opinion is the most rapid path to a lawsuit.  

"You could have made the argument solely over compactness, but to specifically do so over a single congressman, you are begging for a lawsuit. Further, you just handed every group who will sue an example of Republicans manipulating the process to protect incumbents," Kelley asserts.

DeNapoli, who said he wrote to legislators as a private citizen, told Sunshine State News, "I'm making this argument strictly on the grounds of Amendments 5 and 6, which say you're supposed to utilize and respect existing political and geographic boundaries."

"It's the law," said DeNapoli, an attorney.

Kelley, who submitted several of his own congressional maps using the state's software program, acknowledged there are problems with the Legislature's recommended 22nd Congressional District.

"If we allow for the creation of majority-minority protection, then why not Allen West [an African-American]?  If a district can be drawn in a way to protect a minority incumbent on the liberal side, then why not ask for the same on the conservative side?" Kelley asks.

Speaking of which, the adjacent district of Rep. Alcee Hastings, D-Miramar, could be courting a challenge as well.

With the new maps moving a southeastern section of Hastings' district to West's district (including West's home in Plantation), Hastings' share of African-American voters declines. That could be construed as violating the Voting Rights Act principle of retrogression, which requires that majority-minority districts such as Hastings' retain at least the same percentage of minority voters after reapportionment.

DeNapoli did not address this issue, but urged lawmakers to restore West's district as a coastal community of interest.

"I'm not speculating on anyone's intent. I'm just calling it for what it is. Anyone looking at this [new map] can see it seems kind of strange," he said.

West chief of staff Jonathan Blyth said he hoped lawmakers would give DeNapoli's letter careful consideration.

"The chairman's letter was well-researched. We hope that the Legislature will review it and address the issues," Blyth said.

Meantime, Blyth added, "The congressman's job is to serve the 22nd District."

Roger Stone, a veteran Republican consultant, noted that West has never been fully embraced by the state's GOP establishment, and that the freshman congressman is now paying a steep political price.

"This is very bad news for West. He has no friends in Tallahassee and will now run in a district far more Democratic than the one he won only narrowly on the second try.

"This was inevitable and everyone saw it coming except for West," Stone said. "West was unemployed before he went to Congress and will be unemployed again soon."

Javier Manjarres, who edits the conservative South Florida political website Shark Tank, agrees that West is on the outside looking in.

"The GOP establishment never supported him until he won," Manjarres said.

"Now this 'Save Allen West' appeal makes him sound desperate. It makes him look weak."

Senate Reapportionment Chairman Don Gaetz said Tuesday that he forwarded DeNapoli's letter to other legislators on the committee to be considered along with more than 2,000 others who have provided testimony.

 

Reach Kenric Ward at kward@sunshinestatenews.com or at (772) 801-5341.