Category Archives: redistricting

“Republicans Brag They Won House Majority Because Of Gerrymandering”

ThinkProgress Justice reports.

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“Rigging Democracy: Why the people won’t pick the next president or Congress—unless we act now.”

Rob Richie cover story for In These Times.

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“The House GOP can’t be beat: It’s worse than gerrymandering”

Rob Richie and Devin McCarthy in Salon.

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“Democrats’ Edge in House Popular Vote Would Have Increased if All Seats Had Been Contested”

FairVote blogs.

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“Texas redistricting appeal not relisted for this Friday”

Waiting on Shelby County?  It wouldn’t surprise me.  It would be a lot of work to decide the Texas redistricting case, and the case would be moot if the Supreme Court strikes down section 5 of the VRA first in Shelby County.

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“Redistricting commission wants to be blocked from answering questions”

News from Arizona.

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“Days before hearing over Dallas’ newly drawn city council map, plaintiffs drop their federal redistricting suit”

The Dallas Morning News reports.

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“How Dark Money Helped Republicans Hold the House and Hurt Voters”

ProPublica: ‘How did they dominate redistricting? A ProPublica investigation has found that the GOP relied on opaque nonprofits funded by dark money, supposedly nonpartisan campaign outfits, and millions in corporate donations to achieve Republican-friendly maps throughout the country. Two tobacco giants, Altria and Reynolds, each pitched in more than $1 million to the main Republican redistricting group, as did Rove’s super PAC, American Crossroads; Walmart and the pharmaceutical industry also contributed. Other donors, who gave to the nonprofits Republicans created, may never have to be disclosed.’

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“How Maps Helped Republicans Keep an Edge in the House”

Important NYT report.

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“It’s Not Just Gerrymandering: Fixing House Elections Demands End of Winner-Take-All Rules”

Another from FairVote.

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“Making Pa. votes matter”

Rob Richie and Devin McCarthy have written this Philly.com oped, which begins: “State Senate Majority Leader Dominic Pileggi piqued our interest last week when he told Bloomberg that his new electoral reform proposal “is not party-specific or partisan in any way, but just an attempt to have the popular vote reflected.” Pennsylvanians’ votes certainly weren’t reflected after a majority of them chose Democratic House candidates last month. In a remarkable distortion of voter preference, Republicans won 13 of the state’s 18 House seats. But Pileggi (R., Delaware) was proposing Electoral College reform. Like most of the states, Pennsylvania awards all its electoral votes to the statewide popular-vote winner. Pileggi proposes that most of the state’s electoral votes instead be allocated in proportion to the popular vote, which would have given President Obama 12 of them – rather than the 20 he got – and Mitt Romney eight. This plan is problematic, especially if the state pursues it unilaterally.”

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Re-redistricting in Kansas?

Could be.

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“More Redistricting Ahead in Texas, Maybe Florida”

Roll Call reports.

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“Election law expert outlines lessons of 2012′

Cincinnati  Enquirer:Daniel Tokaji, the Ohio State University law professor who helped draft the Issue 2 political redistricting proposal on November’s ballot, says he’s still scratching his head about why it was defeated so roundly.”

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“Split Ohio Supreme Court says redistricting map is constitutional”

Cleveland Plain Dealer: “The Ohio Supreme Court today upheld legislative maps drawn by the Republican-controlled apportionment board that set boundaries for General Assembly seats for the next decade. The legislative map drawn in 2011 by the state apportionment board is constitutional, a deeply divided Ohio Supreme Court ruled on Tuesday. The 4-to-3 court ruling means the once-a-decade drawn map, which currently tilts heavily in favor of Republican candidates who would vie for seats in Ohio’s 99 House districts or 33 Senate district, will remain in place.”

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“Groups call on Newby to recuse himself in redistricting dispute”

NC Policy Watch: “n papers filed today, the North Carolina NAACP and other state groups and individuals suing to overturn redistricting plans approved by the legislature in 2010 asked Supreme Court Justice Paul Newby to remove himself from the case, saying that the millions of dollars kicked in to support his reelection by conservatives with an interest in seeing those maps upheld by the court have undermined public perception of his impartiality. Click here to view the entire Motion for Recusal.”

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Quote of the Day

“For one party to win a majority of House seats with a minority of votes is a relatively rare occurrence. It has now happened five times in the past hundred years. In 1914 and 1942, the Democrats were the beneficiaries. In 1952, 1996, and this year, it was the Republicans’ turn to get lucky, and their luck is likely to hold for many election cycles to come. Gerrymandering routinely gets blamed for such mismatches, but that’s only part of the story. Far more important than redistricting is just plain districting: because so many Democrats are city folk, large numbers of Democratic votes pile up redundantly in overwhelmingly one-sided districts. Even having district lines drawn by neutral commissions instead of by self-serving politicians wouldn’t do much to alter this built-in structural bias. Of course, the perversities of our peculiar electoral machinery can cut both ways. Before November 6th, there was much speculation that Obama, like Bush in 2000, might lose the popular vote while winning in the electoral college. It didn’t happen, but the speculation was far from idle. If Romney had run more strongly throughout the country, he might have beaten Obama by as many as two million votes and still have lost the Presidency.”

Hendrick Hertzberg, The New Yorker
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“Guest Column: Arizona’s nonpartisan redistricting creates fairer election outcomes”

Elliott Weiss has written this oped for the Arizona Daily Star.

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“California’s Post-Partisan Experiment”

Bloomberg View: “Uprooting intense partisanship in Washington would be easier if fewer legislators represented safe, ideologically homogenous districts. Or so reformers have long maintained. Now, with the final results in from legislative races in California, that thesis will get a real-world test.  California conducted two important election experiments this year. It switched from a system of traditional party primaries to one in which the top two candidates move on to the general election regardless of their party affiliations. In addition, it took redistricting powers out of the state legislature and invested them in a nonpartisan citizens commission.”

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“Not Gerrymandering, but Districting: More Evidence on How Democrats Won the Popular Vote but Lost the Congress”

More, at the Monkey Cage.

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“Partisan bias in U.S. House elections”

Rob Richie has written this WaPo oped.

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Federal Court in San Antonio Ponders Staying Texas Redistricting Case Until SCOTUS Decides Shelby County

See this order.

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“Redistricting does not explain why House Democrats got a majority of the vote and a minority of the seats”

This item appears at The Monkey Cage.

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“GOP’s Gerrymandered Advantages”

Harold Myerson WaPo column.

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“Now That’s What I Call Gerrymandering!”

Mother Jones reports.

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“FairVote’s Unique Methodology Shows That 52% of Voters Wanted a Democratic House”

See here.

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“Calif. election law creates competition, less predictability”

John Myers’ video report.

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“Only Four U.S. House Elections in the Last Hundred Years Gave One Party a House Majority, Even Though the Other Major Party Polled More Votes for U.S. House “

Ballot Access News: “Some analysts have already looked at the U.S. House elections from last week’s election, and determined that Democratic candidates received more popular votes than Republican candidates. Yet, it appears most likely that Republicans won 235 seats and Democrats only won 200 seats. There are still six seats in which the results aren’t final, but Democrats are leading in five of them, so it has been assumed that those candidates who are currently leading will win.  Prior to 2012, there have been only three other congressional elections in the last hundred years in which one major party won more popular votes for U.S. House, yet the other major party won more seats. They were 1914, 1942, and 1952.”

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“It’s Appalling that Gerrymandering Is Legal; And if the Supreme Court guts the Voting Rights Act, it’s going to get a lot worse.”

Emily Bazelon writes for Slate.

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“Redistricting shakes up California House races”

AP reports.

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Two from FairVote

Press Release: How FairVote Correctly Projected 333 Congressional Races Last July

Press Release: We Know 35 States That Will Not be 2016 Swing States

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WaPo: 14 of 21 Congressional Losses Tied to Redistricting

See here.

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“Redistricting: GOP and Dems alike have cloaked the process in secrecy”

The Center for Public Integrity reports.

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“Redistricting and Congressional Control: A First Look”

New Brennan Center report.

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“AG questions voting act’s constitutionality”

The San Antonio News-Express reports.

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Texas Files SCOTUS Brief Asking for It to Restore its Redistricting Plan Blocked under Voting Rights Act

You can read the brief (Paul Clement, counsel of record) here.  It makes statutory arguments the Court is likely to consider about the meaning of the Voting Rights Act’s section 5 preclearance provision and it raises the issue of section 5′s constitutionality:

This Court has been asked several times in recent years to reconsider the facial constitutionality of Section 5. See Northwest Austin Mun. Util. Dist. No. One v. Holder, 129 S.Ct. 2504, 2509 (2009); Shelby County v. Holder, No. 12-96; Nix v. Holder, No. 12-81. Those cases raise critically important issues about Section 5, but they do not directly illustrate the burdens of the preclearance process.

This case is different. It demonstrates the acute federalism costs when Section 5 is invoked to prevent a State from implementing changes to its electoral maps necessitated by population growth. The requirements of the Constitution and Section 2 ensure the absence of unconstitutional consideration of race. In contrast, the requirements of Section 5, especially as interpreted by the district court, virtually mandate an obsession with race and guarantee unprecedented intrusions into state sovereignty. The decision below clearly merits this Court’s review in its own right and would complement other Section 5 cases by showing the difficulties with the practical administration of the statute as reauthorized in 2006. The Court should note probable jurisdiction and set this case for oral argument this Term so that Texas can implement its legislatively enacted plans for the next electoral cycle.

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“How redistricting leads to a more partisan Congress — in two charts”

The Fix — with pics!

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“Suit v. Ariz. Congressional Map Partially Tossed”

News from Arizona.

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“New York’s Proposed Council Map Is Called Unfair to Minority Groups”

NYT reports.

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News Roundup of West Virginia Redistricting Decision from SCOTUS

SCOTUSBlog: “Yesterday the Court also issued an unsigned ruling in Tennant v. Jefferson County Commission, a West Virginia congressional redistricting case in which the Court held that the three-judge district court was wrong to require that there be virtually no difference in population between the House districts drawn up after the 2010 Census.  Lyle provides extensive analysis of the decision at this blog; additional coverage comes from Greg Stohr of Bloomberg News, Adam Liptak of The New York Times, Terry Baynes and Jonathan Stempel of Reuters, Bill Mears of CNN, Brent Kendall of The Wall Street Journal (subscription required), Ruthann Robson at the Constitutional Law Prof Blog, Kent Scheidegger at Crime and Consequences, and the Associated Press (via The Washington Post).”

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Interesting Opinion Rejecting VRA Section 2 Liability Involving Arkansas Senate District

I have posted the opinion in Jeffers v. Beebe here.  The case concerns how large the BVAP has to be to avoid section 2 liability.

Thanks to a reader for passing this along.

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Supreme Court Unanimously Loosens Congressional Redistricting Standards a Bit in West Virginia Case

You can find the unanimous per curiam decision appended to this order list.

The upshot is that very small deviations in the population of congressional districts may be justified by legitimate state interests, such as keeping political subdivisions together and not pitting incumbents against one another.

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Three Election Law Pieces in The Atlantic

The Ballot Cops (on True the Vote)

The New Price of American Politics (on campaign finance)

The League of Dangerous Mapmaking (on redistricting)

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New Jersey Appellate Court Rejects Challenges to State Redistricting Plans

You can read the opinion here.

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Supreme Court, Without Dissent, Denies LULAC’s Emergency Redistricting Motion Out of Texas

See here. No surprise.

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“U.S. Justice Department approves Mississippi’s legislative redistricting plan”

See here.

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“Test-driving California’s Election Reforms”

PPIC has issued this report by Eric McGee and Daniel Krimm.  Here is the summary:

In the June 2012 primary, California tested two important electoral changes: new legislative and congressional districts drawn by an independent citizens commission and a “top two” primary system. The results suggest the reforms produced some changes—in particular, more open seats and more competition. However, there was also a great deal of continuity with recent elections: most candidates endorsed by a major party and all incumbents are advancing to the fall election and partisan outcomes were broadly in line with what might have been expected under the old primary system. Over time, the reforms may produce more radical change, but the first step on the road of reform has been a small one.

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“Simpson Joins Criticism of House Redistricting”

Texas Tribune: “State Rep. Trey Martinez Fischer picked up an unlikely ally Friday after accusing top House staffers of taking part in discriminatory conduct that got the Legislature’s redistricting maps thrown out by federal judges. Fellow Rep. David Simpson, R-Longview, said he, too, ‘was pretty dismayed’ to see testimony about redistricting conversations between the House speaker’s staff and outside attorneys.’

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“Straus pressed to end redistricting fight”

The latest from Texas.

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“Rights group asks court to stop Texas voting map”

AP: “A Latino civil rights group is asking the Supreme Court to stop Texas from using congressional districts drawn by a lower federal court in the November election because they discriminate against minorities.”

I give this petition very little chance of success.

UPDATE: Justice Scalia has asked for a response to the petition.

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