redistricting, reapportionment and reform
DESCRIPTION
Morgan Cullen National Conference of State LegislaturesTRANSCRIPT
Redistricting, Reapportionment and Reform
Morgan Cullen National Conference of State Legislatures
Redistricting OverviewRedistricting Overview What? Why? When? Who? Where? How? So What?
Redistricting 2010-Redistricting 2010-What?What?
Redistricting or
Reapportionment
Redistricting 2010-Redistricting 2010-Why? Why?
Baker v. Carr, 1962
• Congress: as equal as possible
• State legislature: up to 10% “deviation,”if for good reason
Redistricting 2010-Redistricting 2010-When?When?
All Census Data was delivered by April 1st Final Deadline--2012 elections (except
Maine & Montana) Filing deadline for candidates for primary Time for local officials to re-precinct Section 5 of the Voting Rights Act
Preclearance--add 60 (or 120) + days Four states had 2011 legislative elections Two states don’t have legislative elections
until 2014
2013 Redistricting 2013 Redistricting Progress Report—April 10thProgress Report—April 10th
Redistricting Plans Incomplete
Redistricting Plans Complete
Redistricting Plans Complete Lawsuit Pending
Reapportionment 2010-Reapportionment 2010-
WhereWhere??
4
Redistricting 2010-Redistricting 2010-Who?Who?
Board or commission-- 13 States for Legislative Lines 7 States for U.S. House
Advisory Back-up
Iowa model Courts (Mandatory Review Process KS, CO, FL)
Legislature 37 States for Legislative Lines
Legislative Redistricting Legislative Redistricting Commissions 2013Commissions 2013
Backup
Primary
Advisory
Legislative Redistricting Legislative Redistricting Commissions 2013Commissions 2013
Party Appointed Commission
Backup
Advisory
Independent
Politician/Politician Appointed Total Legislative Control
Legislature
California Citizens Redistricting California Citizens Redistricting CommissionCommission
14 member commission (5 Dem, 5 GOP, 4 other)
State Auditors Office selects 60 registered voters
Legislative Leaders can reduce the pool
Auditors office then selects 8 member through a lottery
Those eight members pick rest of the members
Plans must be approved by a supermajority
Iowa ModelIowa Model Three maps drawn by nonpartisan
legislative staff No political data can be used Legislature must approve--no
amendments Legislature can re-take control of
third set of proposed maps
Party Control of Redistricting Party Control of Redistricting U.S. House DistrictsU.S. House Districts
1990 2000 2010 2011
Democrats 168 135 110 47
Republicans
5 98 90 202
Split 240 157 189 87
Commission & Iowa
15 38 39 92
At-Large 7 7 7 7
Redistricting 2010-Redistricting 2010-How? How?
Population equality Comply with Voting Rights Act and
14th Amendment Traditional Districting Principles Technology--software and data
The Voting Rights ActThe Voting Rights ActSection 2 • Do minorities represent most
of the voters in a concentrated area?
• Do other voters tend to vote for different candidates than minorities?
• Is the minority population otherwise protected given the “totality of the circumstances”?
Do Not Dilute
Illinois Congressional District - 2001Illinois Congressional District - 2001
Complying With The Voting Complying With The Voting Rights ActRights Act
Chicago Suburbsburbs
Latino/HispanicAfrican-American
Complying With The Complying With The Voting Rights ActVoting Rights Act
Chicago Suburbs suburbs
Latino/HispanicAfrican-American
The Voting Rights ActThe Voting Rights ActSection 5
• “Preclearance” for certain jurisdictions
• Is the new map intended to dilute minority votes?
• Does the new map leave minority voters worse off?(“retrogression”)
After federal law, add state After federal law, add state limitationslimitations
• Contiguity
• Political boundaries
• Compactness
• Communities of interest
State leg.Congress
48 23
46 20
38 19
22 13
State Mandates On Partisan State Mandates On Partisan Competitiveness/FairnessCompetitiveness/Fairness
Fair Districts
Competitive Districts
Florida State Legislature Party Florida State Legislature Party CompositionComposition
23
Representatives
120 120
Republicans 81 76Democrats 39 44
Senators 40 40
Republicans 28 26
Democrats 12 14
2011-2012 2013-2014
Key Points:Key Points: Constitutionally mandated Highly regulated by federal and
state laws--not all about Gerrymandering
Changes in 2010: Prisoners California Public Access/Participation ACS
"Redistricting may be the single least interesting word in the English language."
--Dan Schnur, Sacramento Bee October 2008
"Redistricting may be the single least interesting word in the English language."
--Dan Schnur, Sacramento Bee October 2008
"Redistricting may be the single least interesting word in the English language."
--Dan Schnur, Sacramento Bee October 2008
“The once-in-a-decade redrawing of political boundaries is exceedingly important and excruciatingly arcane.”
--Los Angeles Times
After federal law, add state After federal law, add state limitationslimitations
• Contiguity
• Political boundaries
• Compactness
• Communities of interest
• Partisanship/competition
State leg.Congress
48 22
43 18
37 17
24 13
10 7
Court Sent Map Back To Legislature
Court Approved Legislative Map
Court Drew Map (Not Legislature)
Court Approved Commission MapCourt Sent Map Back to Commission
Court Drew Map (Not Commission)
CD 7
CD 6
CD 1
Redistricting 2010-Redistricting 2010-How? How?
Legal--Population equality & Compliance with Voting Rights Act and 14th Amendment and not subverting traditional districting principles and making race the predominant factor in drawing a plan
Technology--software and data
Key Points:Key Points: Constitutionally mandated Highly regulated by federal and state
laws 2010 Redistricting Cycle:
3 states require adjusted data for prisons Public involvement ACS/CVAP California commission Dramatic Hispanic growth and rural
population loss
"Redistricting may be the single least interesting word in the English language."--Dan Schnur, Sacramento Bee
“The once-in-a-decade redrawing of political boundaries is exceedingly important and excruciatingly arcane.” -- Mark Z. Barabak, Los Angeles Times