Redistricting 101

Redistricting 101 Justin LevittOctober 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 • Advocacy and publication

The Midwest Democracy Network • Alliance of political reform advocates • 5 Midwest states • Public education • Civic organization training • Policy formulation • Public advocacy and pressure for reform

Today’s conversation • What? • When? • Why? • Who? • Where? • How?

What is “redistricting”? • Every 10 years (at least), after the census • Congress, state legislature, many local legislatures • Sorts voters into groups, distributes political power

A brief history • Patrick Henry andJames Madison • Elbridge Gerry • the more things change . . . TX-29

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

Blunt measure #1: voter choice 39.5% of state legislative races had no major-party challenger in 2008 Source: Ballot Access News, Nov. 1, 2008

District Partisanship National Mood Election Outcome Demographic Change Candidate Type Incumbent Situation Money Raised Redistricting is a part of the process Term Limits Redistricting Campaign Finance Source: Michael McDonald & John Samples, The Marketplace of Democracy 14

Blunt measure #2: shape

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? Is this a good district?

Why does redistricting matter? • Politicians choosing their voters • Eliminating incumbents or challengers • Diluting minority votes • Splitting up communities Barack Obama’s house

Why does redistricting matter? If you care about representation, and you care about political power, then you care about redistricting should

Redistricting institutions State legislative districts Congressional districts Primary control in the legislature Primary control outside legislature Advisory Backup Independent Politician

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)

… and if that should fail • In the last cycle, • Courts drew state legislative districts in 7 states • Courts drew congressional districts in 9 states

“Where” starts with federal protections • Equal population • Race and the Voting Rights Act

Equal population – one person, one vote • Congress: as equal as possible • State legislature: ~10% spread if good reason

Minority representation Packing Cracking

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

After federal law, add state limitations State leg. Congress 48 22 42 18 36 17 24 13 10 7 14 n/a • Contiguity • Political boundaries • Compactness • Communities of interest • Partisanship/competition • Nesting

State limitations • Contiguity • Political boundaries • Compactness • Communities of interest • Partisanship/competition • Nesting

Contiguity • All parts of the district are adjacent to each other

Political boundaries • Follow county / city / town / ward lines • Split as few as possible v. split each into as few pieces as possible

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

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. . .”

Partisanship and competition • Two primary models: • Prohibition on undue favoritism • Affirmatively encourage competition

Nesting SenateAssembly Not nested Nested

Influencing the process • Tangible next steps • Census • Redistricting

Influencing the census • Educate your community • Recruit census takers • Become a census partner • Staff a help center • Focus on “hard to count” areas

2000 population in hard-to-count areas Source: Election Data Services

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

Mapping community boundaries

Influencing redistricting (long-term) There is hunger for change Source: Paul Simon Public Policy Institute, Poll 9-10/09

Influencing redistricting (long-term) Principles for effective redistricting Meaningful independence Meaningful diversity Meaningful guidance Meaningful transparency

Meaningful independence 1 • 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

Meaningful diversity 2 • Those who draw the lines should reflect the state • Need sufficient size • Need political incentive to choose diverse membership • Needs to be expressly stated

Meaningful guidance 3 • Criteria that reflect basic goals • Enough flexibility to accommodate local exceptions • Communities of interest • Statewide majority is legislative majority

Meaningful transparency 4 • Multiple opportunities for meaningful public input • Data and tools to facilitate response • Some explanation from redistricting body

Redistricting 101