Redistricting, Reapportionment and Reform

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

Thank You!

Morgan CullenMorgan.Cullen@ncsl.org

National Conference of State Legislatures

"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