FRANKFORT — House Republicans continue to talk about going to court over the House redistricting plans passed by the Democratic-controlled House and Republican-controlled Senate.

Both chambers agreed to pass the plan devised by the other — each controlled by a different party. In each case the majority party in each chamber drew districts friendly to its incumbents while creating difficult districts for members of the other party to win.

Democratic Sen. Kathy Stein of Lexington, whose district number was moved from downtown Lexington, effectively making her ineligible for re-election, is also talking about litigation.

House Republicans contend the Democratic House plan is unconstitutional because it splits six counties in addition to the 22 counties which have populations in excess of the average of House district — requiring they be split.

But House Minority Leader Jeff Hoover, R-Jamestown, said Wednesday he expects House Republicans to file suit sometime this week, and no later than next Tuesday’s candidate filing deadline.

“We’re going to show the court the plan adopted by the House Democrats is unconstitutional,” Hoover said. “It divides too many counties, it’s not contiguous; there’s an issue with regard to that. It disenfranchises some people in the commonwealth of Kentucky and we’re going to show that to the court.”

Hoover said he will be a plaintiff in the suit along with some other House Republicans he wouldn’t name. However, Rep. Joe Fischer, R-Ft. Thomas, has filed such suits in the past and Rep. Kim King, R-Harrodsburg, has also been mentioned as a potential plaintiff.

Hoover also said some “private citizens” are likely to join interested legislators in the suit. That might include voters in some of the counties which were split for reasons other than population. Lewis County, for instance, is Republican in registration and lost its elected representative Jill York, R-Grayson, whose district was moved to another part of the state. Under the new plan, Lewis County is split three ways and at least until the next election is represented by three Democrats. Pulaski County has also been split, including a razor-thin strip connecting Rockcastle and Adair counties.

House Speaker Greg Stumbo, D-Prestonsburg, the principal author of the House plan, said he’s confident the measure can withstand court scrutiny. He said the new plan splits no more counties than the previous plan and also contains the new Judicial District map— submitted by the justices of the Supreme Court — which also does not adhere to strict guidelines on population.

The judicial map preserves a single district for Jefferson County, which has a larger population than the other six districts. But preserving that district is favored by Jefferson County, the justices and most lawmakers, Stumbo said.

Fischer’s 1991 suit produced a Supreme Court ruling that legislative districting should split as few counties “as possible.” But Stumbo argues that is not just a mathematical calculation but that possible means what can be passed by the legislature. And he says the court’s own plan seems to recognize that be leaving providing a single district for Jefferson County.

“I don’t think that the Republicans will be successful,” Stumbo said of the suit.

Sen. Damon Thayer, R-Georgetown, who chairs the Senate State Government Committee and sponsored the Senate re-districting plan, agreed.

“The Senate map is constitutional, legal and it’s a good map,” Thayer said. “It meets constitutional requirements under the Fourteenth Amendment, equal representation under the law, and the 1965 Supreme Court one-person, one-vote decision. I’m confident that the map that’s been passed by both houses of the General Assembly and signed into law by the governor will be upheld if there’s any court action.”

The House, Senate and judicial plans are all contained in one statute which also includes a “non-severability” clause that says if one portion of the bill is found unconstitutional, then the entire measure must be unconstitutional.

With next Tuesday’s filing deadline approach, both Thayer and Stumbo said time is running out to pass a congressional redistricting plan without moving back congressional filing deadlines. The two chambers are deadlocked between a Senate plan viewed favorable to Kentucky’s congressional Republicans while the House plan is seen as beneficial to the two Democrats. Negotiations on a compromise resolution broke down last Friday.

Stumbo said there’s been no change since Friday and Thayer said there “is nothing to report on congressional redistricting.”

RONNIE ELLIS writes for CNHI News Service and is based in Frankfort. Reach him at rellis@cnhi.com. Follow CNHI News Service stories on Twitter at www.twitter.com/cnhifrankfort.