redistricting 101

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Redistricting 101 Justin Levitt October 22, 2009

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Redistricting 101. Justin Levitt October 22, 2009. The Brennan Center and redistricting. Based at NYU, but work nationwide Think tank, advocacy group, law firm. Study of redistricting practices and reform initiatives Testimony before decisionmakers Consulting for advocates - PowerPoint PPT Presentation

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Page 1: Redistricting 101

Redistricting 101

Justin LevittOctober 22, 2009

Page 2: Redistricting 101

The Brennan Center and redistrictingBased at NYU, but work nationwide

Think tank, advocacy group, law firm

• Study of redistricting practices and reform initiatives

• Testimony before decisionmakers

• Consulting for advocates

• Advocacy and publication

Page 3: Redistricting 101

The Midwest Democracy NetworkAlliance of political reform advocates

5 Midwest states

• Public education

• Civic organization training

• Policy formulation

• Public advocacy and pressure for reform

Page 4: Redistricting 101

Today’s conversation

• What?

• When?

• Why?

• Who?

• Where?

• How?

Page 5: Redistricting 101

Today’s conversation

• What?

• When?

• Why?

• Who?

• Where?

• How?

Page 6: Redistricting 101

What is “redistricting”?

• Every 10 years (at least), after the census

• Congress, state legislature, many local legislatures

• Sorts voters into groups, distributes political power

Page 7: Redistricting 101

A brief history

• Patrick Henry andJames Madison

• Elbridge Gerry

• the more things change . . .

TX-29

Page 8: Redistricting 101

Today’s conversation

• What?

• When?

• Why?

• Who?

• Where?

• How?

Page 9: Redistricting 101

Key redistricting dates

April 1, 2010 ―

December 31, 2010―

January 10, 2011 ―

April 1, 2011 ―

End of session 2011 ―

or early 2012

Census Day

Census count to President

Apportionment to U.S. House

Redistricting data to states

Most redistricting complete

Page 10: Redistricting 101

Today’s conversation

• What?

• When?

• Why?

• Who?

• Where?

• How?

Page 11: Redistricting 101

Blunt measure #1: voter choice

had no major-party challenger in 2008

39.5% of state legislative races

Source: Ballot Access News, Nov. 1, 2008

Page 12: Redistricting 101

Redistricting is a part of the process

Campaign Finance

Term Limits

Redistricting

Source: Michael McDonald & John Samples, The Marketplace of Democracy 14

Page 13: Redistricting 101

Blunt measure #2: shape

Page 14: Redistricting 101

Is this a good district?

You can’t know if a district is “good,” unless you know what it’s trying to achieve

Page 15: Redistricting 101

Is this a good district?Is she a good singer?

Page 16: Redistricting 101

Why does redistricting matter?

• Politicians choosing their voters• Eliminating incumbents or

challengers

• Diluting minority votes• Splitting up communities

BarackObama

’shouse

Page 17: Redistricting 101

Why does redistricting matter?

If you care about

representation,

and you care about

political power,

then you care about

redistricting

should

Page 18: Redistricting 101

Today’s conversation

• What?

• When?

• Why?

• Who?

• Where?

• How?

Page 19: Redistricting 101

Redistricting institutions

AdvisoryPrimary control in the legislature

Primary control outside legislature

PoliticianBackup

State legislative districts

Congressional

districts

Page 20: Redistricting 101

Legislators usually draw their own lines

In most states, the legislature has primary control

• State legislative districts: 37 states

• Congressional districts: 38 states(and 7 states with 1 Congressional district)

Page 21: Redistricting 101

… and if that should fail

In the last cycle,

• Courts drew state legislative districts in 7 states

• Courts drew congressional districts in 9 states

Page 22: Redistricting 101

Today’s conversation

• What?

• When?

• Why?

• Who?

• Where?

• How?

Page 23: Redistricting 101

“Where” starts with federal protections

• Equal population

• Race and the Voting Rights Act

Page 24: Redistricting 101

Equal population – one person, one vote

• Congress: as equal as possible

• State legislature: ~10% spread if good reason

Page 25: Redistricting 101

Minority representation

Cracking

Packing

Page 26: Redistricting 101

The Voting Rights Act

Section 2 • Do minorities represent most of the voters in a compact area?

• Is there polarized voting?

• Is the minority population otherwise protected given the “totality of the circumstances”?

Do Not Dilute

Page 27: Redistricting 101

After federal law, add state limitations

• Contiguity

• Political boundaries

• Compactness

• Communities of interest

• Partisanship/competition

• Nesting

State leg.Congress

48 22

42 18

36 17

24 13

10 7

14 n/a

Page 28: Redistricting 101

State limitations

• Contiguity

• Political boundaries

• Compactness

• Communities of interest

• Partisanship/competition

• Nesting

Page 29: Redistricting 101

Contiguity

• All parts of the district are adjacent to each other

Page 30: Redistricting 101

State limitations

• Contiguity

• Political boundaries

• Compactness

• Communities of interest

• Partisanship/competition

• Nesting

Page 31: Redistricting 101

Political boundaries

• Follow county / city / town / ward lines

• Split as few as possible v. split each into as few pieces as possible

Page 32: Redistricting 101

State limitations

• Contiguity

• Political boundaries

• Compactness

• Communities of interest

• Partisanship/competition

• Nesting

Page 33: Redistricting 101

Compactness

• Concerns the appearance of the district(or how close people live to each other)

Page 34: Redistricting 101

State limitations

• Contiguity

• Political boundaries

• Compactness

• Communities of interest

• Partisanship/competition

• Nesting

Page 35: Redistricting 101

Communities of interest

• Kansas -- “Social, cultural, racial, ethnic, and economic interests common to the population of the area, which are probable subjects of legislation . . . should be considered. [S]ome communities of interest lend themselves more readily than others to being embodied in legislative districts. . .”

Page 36: Redistricting 101

State limitations

• Contiguity

• Political boundaries

• Compactness

• Communities of interest

• Partisanship/competition

• Nesting

Page 37: Redistricting 101

Partisanship and competition

Two primary models:

• Prohibition on undue favoritism

• Affirmatively encourage competition

Page 38: Redistricting 101

State limitations

• Contiguity

• Political boundaries

• Compactness

• Communities of interest

• Partisanship/competition

• Nesting

Page 39: Redistricting 101

NestingSenateAssembly

Not nested

Nested

Page 40: Redistricting 101

Influencing the processTangible next steps

• Census

• Redistricting

Page 41: Redistricting 101

Influencing the census

• Educate your community

• Recruit census takers

• Become a census partner

• Staff a help center

• Focus on “hard to count” areas

Page 42: Redistricting 101

2000 population in hard-to-count areas

Source: Election Data Services

Page 43: Redistricting 101

Influencing redistricting (short-term)

• Educate your community(what? when? why? who? where?)

• Identify and map community boundaries

• Attend hearings

• Present alternative maps

• Don’t forget local districts

Page 44: Redistricting 101

Mapping community boundaries

Page 45: Redistricting 101

Influencing redistricting (long-term)There is hunger for change

Source: Paul Simon Public Policy Institute, Poll 9-10/09

Page 46: Redistricting 101

Influencing redistricting (long-term)

1. Meaningful

independence

2. Meaningful

diversity

3. Meaningful

guidance

4. Meaningful

transparency

Principles for effective

redistricting

Page 47: Redistricting 101

Meaningful independence

• One of the players shouldn’t also be the umpire

• That means staff, too

• This is not the same as taking politics out of redistricting

• Legislature can still have a role

- Select those who draw the lines

- Review (and tweak) lines afterward

1

Page 48: Redistricting 101

Meaningful diversity

• Those who draw the lines should reflect the state

• Need sufficient size

• Need political incentive to choose diverse membership

• Needs to be expressly stated

2

Page 49: Redistricting 101

Meaningful guidance

• Criteria that reflect basic goals

• Enough flexibility to accommodate local exceptions

• Communities of interest

• Statewide majority is legislative majority

3

Page 50: Redistricting 101

Meaningful transparency

• Multiple opportunities for meaningful public input

• Data and tools to facilitate response

• Some explanation from redistricting body

4

Page 51: Redistricting 101

Training others

• What?

• When?

• Why?

• Who?

• Where?

• How?

What is the process in your

state?

Where are the points of access?

Page 52: Redistricting 101

• Justin LevittBrennan Center for [email protected]

• Midwest Democracy Networkwww.midwestdemocracynetwork.org

Further information