Durham Selectman Says Redistricting Violated State's Constitution

Durham selectman John Szewczyk has asked town officials to consider appealing 2011's reapportionment, a process that dramatically altered the town's political lines.

Szewczyk argued at Monday's Board of Selectmen meeting that state officials violated the Connecticut Constitution's town integrity rule when they split Durham into two house districts — the 86th and 101st — a decision he says had more to do with gerrymandering than shifts in population.

"As of January 9, Durham is an agrieved party," said Szewczyk, referring to the day when the state's newly elected officials were sworn in.

Several times, he cited article 15, section 2 of the Connecticut Constitution, which states: "For the purpose of forming assembly districts no town shall be divided except for the purpose of forming assembly districts wholly within the town."

Szewczyk, who ran unsuccessfully in 2010 for the 100th District seat which no longer includes Durham, said in addition to being a violation of the state constitution, the split will cost the town's taxpayers more.

"Our election costs went up dramatically and will go up in five of the next 10 elections, for the rest of the decade, if we don't address this now," he said.

Szewczyk added that he felt it was unlikely the town would ever have someone from the community representing Durham in Hartford. As a result, he said, the town would have a difficult time getting grants. 

While First Selectman Laura Francis agreed that redistricting would lead to higher election costs for the town, she said an appeal could prove even more costly.

"There is nothing more important than our Constitution and our laws but I'm in the business of balancing resources, limited resources," she said.

"I would like to get a good estimate of what [an appeal] would cost."

Francis questioned Szewczyk's assertion that the town was aggrieved, saying it would be difficult to prove in court, but agreed that the process benefitted incumbents.

In 2011, Francis and Szewczyk sent letters to the reapportionment commission requesting that Durham be kept whole but ultimately, the commission divided Durham into two house districts and two senate districts, a decision that was also approved by a special master. 

Durham did get a break when the entire town was shifted into the 3rd Congressional District, Francis said, but no small town has ever appealed reapportionment.

"You may like our representatives, that doesn't matter. You have to look at the integrity of the entire process," Szewczyk said.

Selectman Steve Levy said he worried about the domino effect the appeal might have if Durham were successful.

"I would almost be afraid of the court deciding that if we side in favor of one little town, then the entire system can fall apart and they might take that as a reason not to side in favor of Durham," he said.

Francis, who voted against Szewczyk's motion to appeal redistricting, said she would look further into the potential costs and success of an appeal.

"If we're not going to challenge this, they're going to continue getting away with it," Szewczyk said. "Someone's got to take a stand."