redistricting 101
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Redistricting 101Justin Levitt
Today’s conversation
• What?
• When?
• Who?
• Where?
• Why?
• How?
Today’s conversation
• What?
• When?
• Who?
• Where?
• Why?
• How?
What is “redistricting”?
Draw (and re-draw) lines that determine which voters are represented by each legislative seat
• Federal• State• Local
A brief history• Districts were often made of towns or
counties, or groups of towns or counties
A brief history• Districts were often made of towns or
counties, or groups of towns or counties
10 people
10 people
A little more history• Districts were often made of towns or
counties, or groups of towns or counties
1 state Senator
1 state Senator
1 state Senator10 people
10,000 people
1 state Senator
1 state Senator
1 state Senator1,000 people
A little more history• But the population did not grow equally
100 people
Constitutional mandate to redraw lines
Districts have to have roughly equal population
Baker v. Carr, 1962
2000 ―2001 ―
2010 ―2011 ―
2020 ―2021 ―
And so…Census DayRedistricting
Census DayRedistricting
Census DayRedistricting
Today’s conversation
• What?
• When?
• Who?
• Where?
• Why?
• How?
Key redistricting dates
April 1, 2010 ―
January 10, 2011 ―
April 1, 2011 ―
End of session 2011 ―
or early 2012
Census Day
Apportionment to U.S. House
Redistricting data to states
Most redistricting complete
Today’s conversation
• What?
• When?
• Who?
• Where?
• Why?
• How?
Who draws the lines
In most states, the legislature has primary control
• State legislative districts: 37 states
• Congressional districts: 37 states(and 7 states with 1 Congressional district)
Other redistricting institutions
AdvisoryPrimary control in the legislature
Primary control outside legislature
Elected officials
Backup
State legislative districts
Congressional
districts
*
*
Examples of advisory/backup bodies
Maine
Oregon
2/3
Texas
Illinois
Examples of commissions
Colorado
Missouri
70%
Montana
California 9
votes
… and if the process breaks down2000 cycle judicial
action
Someone filed suit
State leg. Congress*
Courts asked to step in 33 21
Court drew lines itself 11 9
… and if that should fail
* 7 states had only one congressional district in the 2000 cycle
2000 cycle judicial action
Today’s conversation
• What?
• When?
• Who?
• Where?
• Why?
• How?
“Where” starts with federal protections
• Equal population
• Race/ethnicity and the Voting Rights Act
Equal population
• Congress: as equal as possible
• State legislature: up to 10% “deviation,”if for good reason
Baker v. Carr, 1962
“Where” starts with federal protections
• Equal population
• Race/ethnicity and the Voting Rights Act
Minority representation
Cracking
Packing
The Voting Rights Act• Are half of the potential
voters in a concentrated area minorities?
• Would they generally vote together?
• Would the rest of the voters in the area generally choose different candidates?
Section 2
“Totality of the circumstances”
• rough overall proportionality in the jurisdiction• history of voting-related discrimination • extent of racially polarized voting• extent of discriminatory voting practices or procedures• exclusion of minority members from candidate slating• extent to which minority group members bear the
effects of past discrimination in areas such as education, employment, and health, which hinder their ability to participate effectively in the political process
• extent to which minority members have been elected• extent to which elected officials are unresponsive to
the particularized needs of members of the minority group
• Draw an “opportunity district”
• Equal opportunity to elect representatives of choice
Complying with the Voting Rights Act
Do Not Dilute
• Are half of the potentialvoters in a concentrated area minorities?
• Would they generally vote together?
• Would the rest of the voters in the area generally choose different candidates?
• Are the minority voters otherwise protected, in the totality of the circumstances?
Adjacent populations and the VRA
Latino/HispanicAfrican-American
Chicago suburbs
Adjacent populations and the VRA
Latino/HispanicAfrican-American
Chicago suburbs
The Latino population is large and compact – but drawing a compact Latino opportunity district cuts through the African-American community
Adjacent populations and the VRA
Latino/HispanicAfrican-American
Chicago suburbs
The African-American population is also large and compact – but drawing a compact opportunity district cuts through the Latino community
Adjacent populations and the VRA
Latino/HispanicAfrican-American
Chicago suburbs
Creativity reveals a solution for both communities
The Voting Rights Act
Section 5
• “Preclearance” for certain jurisdictions
• Is the new map intended to dilute minority votes?
• Does the new map leave minority voters worse off?
Section 5 objections• Most review goes through DOJ
• Data reviewed to see if minorities are worse off
• But there are many thousands of submissions
See something? Say something!
Race and ethnicity beyond the VRA
• Voting Rights Act protects certain voters
• With other groups of minorities, it is OK to consider race and ethnicity, among other factors
• Race and ethnicity just can’t “predominate” without a really good reason
After federal law, add state limitations
• Contiguity
• Political boundaries
• Compactness
• Communities of interest
• Partisanship/competition
• Nesting
State leg.Congress
49 23
41 18
36 17
22 13
12 10
14 n/a
After federal law, add state limitations
• Contiguity
• Political boundaries
• Compactness
• Communities of interest
• Partisanship/competition
• Nesting
State leg.Congress
49 23
41 18
36 17
22 13
12 10
14 n/a
Contiguity
• All parts of the district are adjacent to each other
Not contiguous
Contiguous
After federal law, add state limitations
• Contiguity
• Political boundaries
• Compactness
• Communities of interest
• Partisanship/competition
• Nesting
State leg.Congress
49 23
41 18
36 17
22 13
12 10
14 n/a
Political boundaries
• Follow county / city / town / ward lines
• Note: may split populations in unexpected ways
After federal law, add state limitations
• Contiguity
• Political boundaries
• Compactness
• Communities of interest
• Partisanship/competition
• Nesting
State leg.Congress
49 23
41 18
36 17
22 13
12 10
14 n/a
Compactness
• Usually concerns the appearance of the district(or how close people live to each other)
Less compact
More compact
After federal law, add state limitations
• Contiguity
• Political boundaries
• Compactness
• Communities of interest
• Partisanship/competition
• Nesting
State leg.Congress
49 23
41 18
36 17
22 13
12 10
14 n/a
Communities of interest• Definitions vary, but revolve around similar
elements
• 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. . .”Can and should be different in different parts of the state
Communities of interest• Social interests• Cultural interests• Racial / ethnic interests• Economic / trade interests • Geographic interests• Communication and
transportation networks• Media markets• Urban and rural interests• Occupations and lifestyles
After federal law, add state limitations
• Contiguity
• Political boundaries
• Compactness
• Communities of interest
• Partisanship/competition
• Nesting
State leg.Congress
49 23
41 18
36 17
22 13
12 10
14 n/a
Partisanship and competition
• Of these states, most prohibit undue partisan favoritism or targeting particular individuals
• Some affirmatively encourage competition
After federal law, add state limitations
• Contiguity
• Political boundaries
• Compactness
• Communities of interest
• Partisanship/competition
• Nesting
State leg.Congress
49 23
41 18
36 17
22 13
12 10
14 n/a
NestingSenateAssembly
Not nested
Nested
State legislature Congress
•Who? Legislature or commission (+ courts)
•Where? Equal population Equal populationVoting Rights Act Voting Rights
ActContiguityPolitical boundariesCompactnessCommunities of interestPartisanshipNesting
A quick review
Today’s conversation
• What?
• When?
• Who?
• Where?
• Why?
• How?
Why does redistricting matter?
If you care about
representation,
and you care about
political power,
then you care about
redistricting
should
This isn’t about districts that look pretty
Is this a good district?
Is this a good district?
You can’t know if a district is “good,” unless you know what it’s trying to achieve
Is she a good singer?
And pretty shapes are not neutral
Source: Michael McDonald,
Midwest Mapping Project
So why does redistricting matter?
• Politicians choosing their voters• Eliminating incumbents or
challengers
Conflating public, partisan, personal interests
BarackObama
’shouse
• Barack Obama: strong challenge for Congress in 2000
2002 district
Conflating public, partisan, personal interests
Lorraine
Koppell’s
house
• Lorraine Koppell: strong challenge for state Senate in 2000
2002 district
Conflating public, partisan, personal interests
Hakeem
Jeffries’s
house
• Hakeem Jeffries: strong challenge for state Assembly in 2000
2002 district
Why does redistricting matter?
• Politicians choosing their voters• Eliminating incumbents or
challengers
• Diluting minority votes• Splitting up communities
Today’s conversation
• What?
• When?
• Who?
• Where?
• Why?
• How?
Principles for redistricting in the public interest
1. Meaningful
transparency
2. Meaningful
independence
3. Meaningful
diversity
4. Meaningful
guidance
Redistricting in the public interest
1. Meaningful
transparency
2. Meaningful
independence
3. Meaningful
diversity
4. Meaningful
guidance
Meaningful transparency
• Multiple opportunities for meaningful public input
- Before drafts
- After drafts
• Data and tools to facilitate response
• Some explanation from redistricting body
1. Meaningful
transparency
2. Meaningful
independence
3. Meaningful
diversity
4. Meaningful
guidance
Redistricting in the public interest
Meaningful independence
• One of the players shouldn’t also be the umpire
• This is not the same as taking politics out of redistricting
• Legislature can still have a role
- Select those who draw the lines
- Review lines afterward
1. Meaningful
transparency
2. Meaningful
independence
3. Meaningful
diversity
4. Meaningful
guidance
Redistricting in the public interest
Meaningful diversity
• Those who draw the lines should reflect the state
• Need redistricting body of sufficient size
• Need rules/incentives to choose diverse membership
1. Meaningful
transparency
2. Meaningful
independence
3. Meaningful
diversity
4. Meaningful
guidance
Redistricting in the public interest
Meaningful guidance
• Criteria that reflect basic goals
• Enough flexibility to accommodate local exceptions
• Focus on communities of interest as building blocks
• Legislative majority should reflect consistent statewide majority
Influencing redistricting (short-term)
• Educate your community
• Inform the media
• Identify and map community boundaries
• Attend hearings
• Present alternative maps
Ways to influence the maps
Official map
Press
Courts
Testimony at hearing:
Where are the boundaries of the community I serve?
Justice
Nonprofits
Input about communities can be simple
Training others
• What?
• When?
• Why?
• Who?
• Where?
• How?
What is the process in your
state?
Where are the points of access?
Start now and start diverse
Ventura County task force
• Ventura County: farmworkers and the Reagan Library
• Redistricting Task Force “to increase political representation, voter participation, and civic engagement of historically underrepresented communities of color and low-income working families in the Ventura County region through a program of community organizing, research, and grassroots advocacy around the 2001 redistricting process.”
Ventura County citizens’ commission
• Involvement from diverse groupsLWV, NAACP, LULAC, labor, faith-based groups
• Focus on local redistricting, focus on communities
• Early outreach to county supervisors
Start now and start diverse
• Task force map was essentially adopted as final plan
Influencing redistricting (long-term)
• Alternative rules- e.g., how incarcerated populations are counted
• Alternative procedures- e.g., greater transparency
• Alternative redistricting entities- e.g., more independent bodies
• Alternative voting systems- e.g., choice voting
Justin Levitt
Loyola Law Schooljustin.levitt@lls.edu
Brennan Center for JusticeCitizen’s Guide to Redistrictingwww.brennancenter.org
Further information
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