downsizin & redistricting report

8/9/2019 Downsizin & Redistricting Report

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2002 Redistricting &

The Downsizing of the Legislature:

An Analysis

By Toms Alberto Avila

Policy Analyst

Center for Hispanic Policy & Advocacy (CHisPA)


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2002 Redistricting & Downsizing Toms Alberto Avila2


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Introduction

The Latino community is presently caught in the middle of deciding whether to invest it's efforts

and resources in the vigilance of a fair and accurate reapportionment and the battle of repealingthe downsizing legislature approved by the voters and ratify by the House in 1994.

As part of my research, I've read through many different documents provided by the different

organizations and other publications to get a sense of what benefits each proposed agenda will

bring to the Latino community. What continues is my report, based on my research and analysis

of available information

As the 20th century draws to and end, and we prepare to welcome a new millennium and look

forward to the 2000 census, battle lines are already forming on how the RI political map will beredrawn in 2002. This battle is brewing in the General Assembly over how to conduct legislative

reapportionment the politically explosive issue of drawing a new political map to reflect RhodeIsland's population changes over the decade of the 90's as well as in community organizations.

Adding ammunition to this battle is the upcoming down sizing of the Legislature from 150-

member body to 113 approved by the voter in 1994 by a margin of 51.8%. This schedule

downsizing is fuelling a lot of concern, from a variety quarters, over the impending sizereduction for the Rhode Island General Assembly. This concept was flawed from the start, and

now people are starting to realize that it would make the legislature less responsive to the people

of Rhode Island.

Redistricting

Every ten years, following the census, the nation's political map undergoes an upheaval aspolitical jurisdictions at the local; state and federal levels change district lines to comply with the

constitutional requirement for equal representation.

At the federal level, the process of reapportionment is intended to ensure that each state has thenumber of U.S. Representatives proportionate to its population. The subsequent process of

redistricting is intended to ensure that each congressional district in a state has exactly the same

population as all other districts in that state. Similarly, state legislative districts are redrawn every

ten years to reflect population changes, as are local district lines.

Next year, after the 2000 census, the reapportionment of the House of Representatives will bedetermined by a complicated mathematical formula (called the "method of equal proportions"),

set by a 1941 federal law, that allocates the proper number of congressional seats to each state.

Then state legislators who will be redistricting their own seats at the state level will undertake the

process of redistricting the actual drawing of congressional district boundaries .



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Because the redistricting process affects the political life and death of politicians, it has always

been, and remains, an intensely political and partisan struggle. Incumbents of both political

parties strive to have district lines drawn so that their reelection prospects are enhanced as muchas possible. Where one party in a state is dominant and controls the drawing the lines, it

inevitably strives to draw lines that favor its candidates.

The process of redistricting is extremely powerful. By packing or splitting concentrations of

voters, those who draw district lines can often effectively eliminate competitive elections in a

given district for a decade, by ensuring for all practical purposes that the candidates of one partyor the other will prevail in that district, essentially without regard to who those candidates are.

The extremely partisan nature of the redistricting process, and the deeply-rooted reluctance of

legislators to open up the process to reform, present formidable challenges to those interested inestablishing a more fair and open process for redistricting, as well as more competitive elections.

According to information analyzed, the city of Providence has lost 2 House seats in the General

Assembly during the 1980 and 1990 decennial census due to population lost to migration tosuburbia. Census officials have announced that RI's population continues to decline since the

1990 census, reaching dip of 1.6 from the 1,003,464 in the previous census. At stake will be anuncertain but reapportionment of the General Assembly in 20002, causing more lost seats for the

city of Providence. If the census officials predictions hold true in the decennial census result, it

can cause a domino shift of House districts in the city of Providence similar to the one of 1992,

when 2 seats were lost causing the following results.

Democratic Representative T. Elaine Bucci of Providence was placed in the same district with

Representative Thomas Rossi, D-Providence

Edward W. Dodd of Warwick was placed in the same district with Representative George

Zainyeh

Providence Representative Peter N. Waslyk and Alfred W. Cardente were placed in the same

district.

East Providence Representative William H. Greene was placed in the same district with

Representative Thomas E. Hodge of Pawtucket which was a newly created district.

Cumberland Representative Donald Large and Francis A. Gaschen were paired in a new district.

East providence Senators James P. McStay and James F. Correia were placed in a new districtand faced each other in the primaries.

Senators John A, Sabatini of Pawtucket and William V. Irons of East Providence were place in anew district that had 70% of its population in Pawtucket wards 2 & 3 and the other 30% in

Rumford East providence.

The commission plan also created 3 new House Districts in western and southern parts of Rhode



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Island. Meanwhile Providence Pawtucket and Warwick each lost a seat to accommodate the

population changes.

Shifting a district from East Providence to western Rhode Island created one new Senate district.

During the 92 reapportionment, the commission proposed a shift of two South Providencedistricts into parts of Cranston that were challenged by the minority community. The proposal

was opposed by the incumbent legislators Senator Robert Kells, D, District 10 and Rep. Jeremiah

P' Murphy, D, District 17 who argue that the proposed shift would hurt minority voting interestsand didn't think there was a need to dilute the voting strength of the minority groups they

represent.

According to official electorate reports, district 10 contain the highest minority concentration inthe state as follow: 35% Hispanic, 25% African American and 11% Asian. The legislatures were

backed by the Rhode Island Minority Redistricting Committee strongly opposing the diluting of

the minority voting strength in existing minority districts.

The downsizing of the Legislature

A Blue Ribbon Commission on the General Assembly appointed in September 1992 by then

Speaker of the House, Representative Joseph DeAngelis, and then Senate Majority Leader,

Senator John J. Bevilacqua, recommended the downsizing of the Legislature. The commissionwas charged with developing a broad blue print for the General Assembly in the 21 st Century.

The commission's efforts are part of a process, which has resulted in four-year terms for the

States general officers, and the adoption of comprehensive campaign finance reform and ethicreforms legislation.

The Commission began its work by laying out its vision of the General Assembly in the 21stCentury.

In the 21st Century, the General Assembly plays an active, creative and independentleadership role in state government it is accessible to qualified candidates and provides

appropriate compensation and staff support for its members. Its structure and procedures

help legislators speak and act for their constituents and it successfully reflects and

embodies the kind of government the people of Rhode Island want for their State.

Based on this Vision Statement, the Commission adopted a Work Plan, which focused on the

following questions:

Does Rhode Island need a more effective legislature? Can the General Assembly

be more effective 'and remain a citizens"' legislature?

What changes, if any, should be made in the size of the General Assembly?

Should the terms for legislators be longer? Should there be term limits?

What resources does an individual legislator need to be effective?



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How should legislators be compensated?

How can the lawmaking 'and oversight process be strengthened?

Is information about the activities of the General Assembly readily available tothe public?

As part of its Work Plan, the Commission held five televised public hearings and distributed aquestionnaire to members and former members of the General Assembly. Briefing papers were

developed by Commission staff on certain key issues. After extensive meetings, all of which

were posted and open to the public, the initial findings and recommendations of the Commissionwere incorporated in a draft report. This draft report was released for public comment on August

1, 1993. A public hearing on the draft was held in October. Subsequent to that hearing the

Commission met to formulate its final recommendations. This report reflects thoserecommendations. Taken together they constitute the Commission's blueprint for the General

Assembly in the 21st Century1

.

A can be seen from the redistricting experience, the Latino and minority communities have a lotat stake when it comes times for redistricting. In my opinion this experience show us that if the

legislature is down size as planned in 2002, the minority communities voting power risk being

diluted and setting back their ability to elect their own legislators.

Providence minority population has exploded since 1980, up from 18% of the city to nearly 40%,

but even with this overwhelming growth its Senate delegation remains disproportionately white.The current redistricting maps of Providence has three minority districts, with majorities of

Latino, Black, and Asians. Except for Senator Charles Walton the incumbents in the other two

districts are white.

Conclusion

All the talk that fewer districts will bring increased competition to legislative seats fails to take

into account that a challenger will have an extremely more difficult time prevailing against an

incumbent who represents a larger constituency. These new larger districts will make it muchharder for a challenger to meet enough voters in a short period of time, while an incumbent has

been interacting with these very voters throughout his/her term or terms of office. As most

people in Rhode Island know, a challenger in our state who cannot meet enough voters in personbefore the election cannot expect to present much of a challenge.

A larger district means more voters to reach than before, and this translates into more money that

a candidate will have to spend. This will result in a number of undesirables: the candidate poolmay consist of wealthy individuals who can fund their own campaigns; candidates may have to

seek more and more money from special interests; people in the middle and working classes will

1 The General Assembly In RI, A Blue Print for the 21st Century



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simply be unable to compete realistically. The days of running a grassroots campaign will be

gone, and we will have an Assembly that will be less representative of and less responsive to the

residents of our state.

That the Assembly size issue was presented to the voters in 1994 does not preclude the voters

from having a chance to revisit this matter. The voters of the state of Rhode Island need to revisitthe issue of Assembly downsizing.

Finally an emotionally charged debate in south Florida is offering a preview of what couldbecome a flood of litigation over efforts to redraw congressional and other voting districts across

the United States.

At issue is the extent to which officials may rely on racial criteria to draw new districts after theall-important 2000 Census. The issue has been the subject of several US Supreme Court

decisions in the 1990s, but the legal standards remain murky. Thus the outcome here could have

a direct impact on minority participation and representation in government - and eventually help

shape the direction of democracy in America.

Depending on who wins the legal challenges, African-Americans and Hispanics across thecountry could find themselves losing voices in Congress and state legislatures. On the other side

in this case are some white voters who feel disenfranchised because they live in neighborhoods

included in strangely shaped districts designed to elect minority candidates. At the heart of the

debate: Whether it is appropriate to use racial gerrymandering to compensate for generations ofracial discrimination and segregation.

Based on all the information researched for this report, its my conclusion that CHisPA shouldnot involved itself in divisive decision making regarding a particular organization, but instead it

should become the voice of the Latino community in the redistricting process and try to

influence the voters of the state of Rhode Island need to revisit the issue of Assemblydownsizing.



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In 1994, the voters in the City of Cranston decided to reduce the membership of the school

board, increasing the size of districts. Just four years later, the very same voters reversed their

decision and restored the districts to their original size. No one in Cranston complained aboutrevisiting this issue. Perhaps the voters in Cranston felt they were correcting a mistake.

As can be seen through this report, even without the inclusion of downsizing of the legislature,the minority communities face a monumentous challenge after the 2000 census and therefore

The Latino community should start developing its on agenda for the upcoming redistricting of

2002 that is base on the benefits for the Latino community, rather than preconceived agendas byother organizations based on their own interest.

This conclusion is based on the benefits and dangers presented in future negotiations in the

reapportionment proceedings that will start in 20001 that will require the coalesce of minoritycommunities with other organizations across the state and therefore the organization should not

engaged itself in partisan redistricting and downsizing politics.

No ethnic group has a larger stake in the path our state legislature chooses between now and theyear 2000 than Latinos. Latinos comprise more than 6 percent of this state, including almost 46

percent of the school age population. It is the youngest and fastest growing minority. Since 1990,Latinos represent the largest minority group in Rhode Island, and within 50 years 20 percent of

the entire population will be Latino. As citizens with a substantial role and stake in the future of

this state, we, Latinos of the state of Rhode Island should take the responsibility of our future in

our own hands.



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Appendix A

99 -- H 5441

=======LC01333

=======

S T A T E O F R H O D E I S L A N D

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 1999

____________

J O I N T R E S O L U T I O N

CREATING A SPECIAL LEGISLATIVE COMMISSION ON FAIR

REAPPORTIONMENT IN THE STATE OF RHODE ISLAND

Introduced By: Representatives Carpenter, Moura, Lopes, Palangio and Almeida

Date Introduced : January 28, 1999

Referred To: Committee on Judiciary

RESOLVED, That a special legislative commission be and the same is hereby created consisting

of seventeen (17) members: five (5) of whom shall be from the House of Representatives, not

more than three (3) from the same political party to be appointed by the Speaker; five (5) ofwhom shall be from the Senate, not more than three (3) from the same political party, to be

appointed by the (Majority Leader); seven (7) of whom shall be representatives of the followingorganizations whose work includes fair representatation of whom one (1) shall be a

representative from each of the following organizations: Urban League of Rhode Island;

National Association for the Advancement of Colored People, Providence Chapter; NationalAssociation for the Advancement of Colored People, Newport Chapter; Council for Hispanic

Policy and Advocacy; Progresso Latino; League of Women Voters of Rhode Island; Common

Cause of Rhode Island, each to be appointed by the president or executive officer of said

organization.

In lieu of any appointment of a member of the legislature to a permanent advisory commission, alegislative study commission, or any commission created by a general assembly resolution, theappointing authority may appoint a member of the general public to serve in lieu of a legislator,

provided that the majority leader or the minority leader of the political party which is entitled to

the appointment consents to the appointment of the member of the general public.

The purpose of said commission shall be to study questions related to reapportionment in the

light of recent court rulings that may effect the redistricting that will follow the census to be



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conducted in the year 2000 and the representation of persons of color in the General Assembly

and in Congress.

Forthwith upon passage of this resolution, the members of the commission shall meet at the callof the speaker of the house and organize and shall select from among the legislators a

chairperson. Vacancies in said commission shall be filled in like manner as the original

appointment.

The membership of said commission shall receive no compensation for their services.

All departments and agencies of the state shall furnish such advice and information, documentaryand otherwise, to said commission and its agents as is deemed necessary or desirable by the

commission to facilitate the purposes of this resolution.

The Speaker of the House is hereby authorized and directed to provide suitable quarters for saidcommission: and be it further

RESOLVED, That the commission shall report its findings and recommendations to the general

assembly on or before January 20, 2000 and said commission shall expire on January 1, 2001.

=======LC01333

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF




***This resolution creates a seventeen (17) member special legislative commission whose purpose it

shall be to study fair reapportionment in the State of Rhode Island and who shall report back to

the legislature no later than January 20, 2000 and whose life shall expire on January 1, 2001



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99 -- H 5441 AS AMENDED

=======

LC01333

=======

S T A T E O F R H O D E I S L A N D

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 1999

____________





Date Introduced : January 28, 1999


RESOLVED, That a special legislative commission be and the same is hereby created consistingof{DEL seventeen (17) DEL}{ADD nineteen (19) ADD} members: five (5) of whom shall be

from the House of Representatives, not more than three (3) from the same political party to be

appointed by the Speaker; five (5) of whom shall be from the Senate, not more than three (3)from the same political party, to be appointed by the (Majority Leader); seven (7) of whom shall

be representatives of the following organizations whose work includes fair representatation of

whom one (1) shall be a representative from each of the following organizations: Urban Leagueof Rhode Island; National Association for the Advancement of Colored People, Providence

Chapter; National Association for the Advancement of Colored People, Newport Chapter;

Council for Hispanic Policy and Advocacy; Progresso Latino; League of Women Voters of

Rhode Island; Common Cause of Rhode Island, {ADD Rhode Island AFL/CIOADD} each to beappointed by the president or executive officer of said organization {ADD and one of whom

shall be a member of the business community to be appointed by the speakerADD}.

In lieu of any appointment of a member of the legislature to a permanent advisory commission, a

legislative study commission, or any commission created by a general assembly resolution, the

appointing authority may appoint a member of the general public to serve in lieu of a legislator,provided that the majority leader or the minority leader of the political party which is entitled to


The purpose of said commission shall be to study questions related to reapportionment in thelight of recent court rulings that may effect the redistricting that will follow the census to be

conducted in the year 2000 and the representation of persons of color in the General Assembly

and in Congress.



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Forthwith upon passage of this resolution, the members of the commission shall meet at the call

of the speaker of the house and organize and shall select from among the legislators achairperson. Vacancies in said commission shall be filled in like manner as the original

appointment.


All departments and agencies of the state shall furnish such advice and information, documentary

and otherwise, to said commission and its agents as is deemed necessary or desirable by thecommission to facilitate the purposes of this resolution.

The Speaker of the House is hereby authorized and directed to provide suitable quarters for said

commission: and be it furtherRESOLVED, That the commission shall report its findings and recommendations to the general


=======

LC01333=======

EXPLANATION


OF




***

This resolution creates a seventeen (17) member special legislative commission whose purpose itshall be to study fair reapportionment in the State of Rhode Island and who shall report back to




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H 5441

99 -- H 5441

=======LC01333

=======

S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION,

A.D. 1999

____________J O I N T R E S O L U T I O N CREATING A SPECIAL LEGISLATIVE COMMISSION ON

FAIR REAPPORTIONMENT IN THE STATE OF RHODE ISLAND

Introduced By: Representatives Carpenter, Moura, Lopes, Palangio and AlmeidaDate Introduced : January 28, 1999



of seventeen (17) members: five (5) of whom shall be from the House of Representatives, notmore than three (3) from the same political party to be appointed by the Speaker; five (5) of

whom shall be from the Senate, not more than three (3) from the same political party, to be

appointed by the (Majority Leader); seven (7) of whom shall be representatives of the following

organizations whose work includes fair representatation of whom one (1) shall be arepresentative from each of the following organizations: Urban League of Rhode Island;

National Association for the Advancement of Colored People, Providence Chapter; National

Association for the Advancement of Colored People, Newport Chapter; Council for HispanicPolicy and Advocacy; Progresso Latino; League of Women Voters of Rhode Island; Common

Cause of Rhode Island, each to be appointed by the president or executive officer of said

organization.


legislative study commission, or any commission created by a general assembly resolution, theappointing authority may appoint a member of the general public to serve in lieu of a legislator,




light of recent court rulings that may effect the > that will follow the census to

be conducted in the year 2000 and the representation of persons of color in the GeneralAssembly and in Congress.



appointment.



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=======

LC01333

=======EXPLANATION


OF

J O I N T R E S O L U T I O NCREATING A SPECIAL LEGISLATIVE COMMISSION ON FAIR REAPPORTIONMENT

IN THE STATE OF RHODE ISLAND

***

This resolution creates a seventeen (17) member special legislative commission whose purpose it

shall be to study fair reapportionment in the State of Rhode Island and who shall report back to


As always, your comments concerning this page are welcomed and appreciated.



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H 5441 AS_AMENDED

99 -- H 5441 AS AMENDED

=======LC01333

=======

S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION,

A.D. 1999 ____________J O I N T R E S O L U T I O N CREATING A SPECIAL LEGISLATIVE COMMISSION ON

FAIR REAPPORTIONMENT IN THE

STATE OF RHODE ISLAND


Date Introduced : January 28, 1999Referred To: Committee on Judiciary


of {DEL seventeen (17) DEL} {ADD nineteen (19) ADD} members: five (5) of whom shall be

from the House of Representatives, not more than three (3) from the same political party to beappointed by the Speaker; five (5) of whom shall be from the Senate, not more than three (3)

from the same political party, to be appointed by the (Majority Leader); seven (7) of whom shall

be representatives of the following organizations whose work includes fair representation ofwhom one (1) shall be a representative from each of the following organizations: Urban League

of Rhode Island; National Association for the Advancement of Colored People, Providence

Chapter; National Association for the Advancement of Colored People, Newport Chapter;Council for Hispanic Policy and Advocacy; Progresso Latino; League of Women Voters ofRhode Island; Common Cause of Rhode Island, {ADD Rhode Island AFL/CIOADD} each to be

appointed by the president or executive officer of said organization {ADD and one of whom

shall be a member of the business community to be appointed by the speaker ADD}.


legislative study commission, or any commission created by a general assembly resolution, theappointing authority may appoint a member of the general public to serve in lieu of a legislator,




light of recent court rulings that may effect the > that will follow the census to

be conducted in the year 2000 and the representation of persons of color in the GeneralAssembly and in Congress.




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appointment.









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=======

LC01333

=======EXPLANATION


OFJ O I N T R E S O L U T I O N

CREATING A SPECIAL LEGISLATIVE COMMISSION ON FAIR REAPPORTIONMENT

IN THE STATE OF RHODE ISLAND

***

This resolution creates a seventeen (17) member special legislative commission whose purpose itshall be to study fair reapportionment in the State of Rhode Island and who shall report back to




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Sources

Blue Ribbon Commission on the General Assembly The Assembly in Rhode Island: A Blue

Print for the 21st Century, December 1993.

Carpenter, Moura, Lopes, Palangio and Almeida State of Rhode Island In GeneralAssembly January Session, A.D. 1999 Joint Resolution: Creating A Special LegislativeCommission On Fair Reapportionment In The State Of Rhode Island.

Center for Voting & Democracy, The Mapmakers and Competitiveness: Analyzing the 1991-1992 Round of Redistricting, January 1995.

Common Cause of Rhode Island Common Cause Involvement in the Year 2000 RedistrictingProcess, June 1999

Federal Supplement, Janathan K. Farnum vs Robert Burns, United States District Court, D.Rhode Island, February 11, 1983

Ocean State Action Democracy Counts: The Facts about The Downsizing of The GeneralAssembly, November 1999

Providence American, November 25, 1999 Voters should revisit assembly size reduction.

Providence Journal, April 1, 1991 Lawmakers Start Work on Touchy Subject: Reapportionment

has a history of deceit, costs to taxpayers.

Providence Journal, May 23, 1991 Battle Lines Form on How to Redraw RI Political Map

RI Advisory Committee to US Commission on Civil Rights, Redistricting in RI: It's Problems,Practice and Promise, September 1986

Westerly Sun, June 6, 1991 Redistricting Deal Favors Democrats

Westerly Sun, June 6, 1991 Our Opinion: Cheating in RI, When the players stack the deck.

Providence RI Bulletin, July 3, 1991 DC Firm hired to aid General Assembly in

reapportionment.

Providence Journal, July 8, 1991 Annals of Self Preservation

Providence Journal, December 19, 1991 City May Loose A Seat in RI House

Providence Journal, December 18, 1991 redistricting commission overspending its budget.



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Providence Journal, January 1, 1992 Panel will seek opinion of public on controversial new

districts.

North Kingston Standard Time, January 10, 1992 North Kingston throes of redistricting flap.

Providence Journal, January 9, 1992 Consensus absent at redistricting hearing

Providence Journal, January 10, 1992 Panel will seek opinion of public on controversial new

districts.

Providence Journal, January 20, 1992 Hearing Planned on legislative redistricting.

Providence Journal, January 23, 1992 Officials, other residents decry redistricting plan asdiluting voting power.

Providence Journal, January 17, 1992 Complex plans for redistricting outlined at hearing.

Providence Journal, January 17, 1992 DeAngelis draws the line: Speaker helps revise district to

regain edge.

Providence Journal, February 3, 1992 2 Likely departures aid redistricting plan

Providence Journal, March 11, 1992 Party leaders denounce plan for redistricting statelegislature: Local chairman South Kingston gets awful deal.

Providence Journal, March 30, 1992 Two Senators may sue over redistricting.

Providence Journal, April 5, 1992Minority concerns cited in delay on redistricting plan

Providence Journal, April 19, 1992 redistricting delays anger GOP chairman.

Providence Journal, April 30, 1999 House Oks Assembly redistricting proposal

Providence Journal, May 15, 1992 Senate approves new voting districts: Measure may face court

challenge by minority groups.

Providence Neighborhood Fact book, The Providence Plan, Providence RI March, 1999

The Miami Herald, Thursday, November 18, 1999, Davie redistricting plans delayed: A case ofdueling data may prevent Davie's voting districts from changing before the town's March 14,

2000 elections.

The Miami Herald, Friday, August 20, 1999, Congressional redistricting in court's hands

The Miami Herald Thursday, August 19, 1999,Redrawn districts lose state support



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The Christian Science Monitor, September 9, 1999 A test of race based voter district: A Florida

case will be the next barometer of how far states can go in drawing times to elect minority

lawmakers.

US Census Bureau, www.census.org


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