CLEVELAND, Ohio - Ohio Gov.-elect Mike DeWine, in his final days as the state attorney general, filed a motion this week in an attempt to toss out a gerrymandering lawsuit - a suit that aims to force the redrawing of Ohio’s 16 congressional districts in time for the 2020 election.

In an unusual twist of circumstances, one of the defendants DeWine filed the motion on behalf of is Ohio Secretary of Jon Husted, DeWine’s running mate who will become lieutenant governor next week when DeWine becomes governor.

The lawsuit is scheduled for trial March 4 before a three-judge federal panel in the Southern District of Ohio.

The plaintiffs, including the Ohio League of Women Voters, have argued that Ohio’s congressional map violates the constitutional rights of voters by “entrenching partisan advantage” -- the result being 12 predictably Republican districts and four predictably Democratic districts in a state closer to 55-45 politically.

The judges in August rejected an earlier attempt to dismiss the suit.

Tuesday’s motion for summary judgment argues for dismissal on grounds that those filing the suit lack standing and are unable to prove harm, plus the fact that the U.S. Supreme Court has never defined illegal political gerrymandering.

The U.S. Supreme Court last week agreed to take up two gerrymandering cases this term. One involves complaints about a North Carolina congressional map drawn by Republicans to heavily favor the GOP. The other involves a Maryland district designed by Democrats to their advantage. The justices plan to hear arguments in March.

Ohio voters in May overwhelmingly approved a constitutional amendment to limit how much the majority party could control the process of drawing congressional lines, beginning in 2022 after results of the next census are available. The lawsuit attempts to force change beginning with the 2020 election.

Cleveland.com federal courts reporter Eric Heisig contributed to this report.

Related

A proposed map

A proposed new Ohio congressional district map submitted to federal court last fall. (U.S. District Court Southern District of Ohio)

Current map