Taking Politics Out of Redistricting

Taking the Politics out ofTaking the Politics out ofRedistrictingRedistricting

Peter Cannon, SecretaryPeter Cannon, SecretaryWisconsin Democracy CampaignWisconsin Democracy Campaign

Presented to theWisconsin Land Information AssociationOctober 21, 2010

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Should we Take the PoliticsShould we Take the PoliticsOut of Redistricting?Out of Redistricting?

We know who is responsible andWe know who is responsible andthey are answerable to the votersthey are answerable to the voters

Every reform proposalEvery reform proposal –– to someto someextentextent –– makes the process lessmakes the process lessdemocraticdemocratic

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Should we Take the PoliticsShould we Take the PoliticsOut of Redistricting?Out of Redistricting?

Most states have chosen to haveMost states have chosen to havelegislators do itlegislators do it

Reform proposals wonReform proposals won’’t work anyt work anybetterbetter

Legislators know the districtsLegislators know the districts

Continued

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WhatWhat’’s the Problem?s the Problem?

If there is stalemateIf there is stalemate –– splitsplitcontrol between parties,control between parties,legislators draw maps thatlegislators draw maps thatfavor incumbentsfavor incumbents

If one party controls theIf one party controls theprocess, politicalprocess, politicalgerrymanderinggerrymandering

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Electoral CompetitivenessElectoral Competitiveness– Since 2000, only three U.S. House

races have been competitive(margin of victory with 10 points)

– Since 2000, state legislativeincumbents have been reelected95% of the time.

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Effects on civility & partisanEffects on civility & partisancooperationcooperation

Politically lopsided districts makePolitically lopsided districts makeelections less competitive and voterselections less competitive and votersless powerfulless powerful

Harder to get new blood and freshHarder to get new blood and freshideas into the legislatureideas into the legislature

Continued

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They contribute to hyperThey contribute to hyper--partisan,partisan,polarized politics that makepolarized politics that makecompromise nearly impossible oncompromise nearly impossible oncontroversial issues.controversial issues.

OneOne--sided districts tend to producesided districts tend to producecandidates who appeal to just onecandidates who appeal to just oneside.side.

Continued

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Squeezed out are candidates whoSqueezed out are candidates whoappeal to independents or voters ofappeal to independents or voters ofboth parties.both parties.

The result is a legislature of fierceThe result is a legislature of fiercepartisans, with fewer memberspartisans, with fewer memberswilling to reach across the politicalwilling to reach across the politicaldivide to get the publicdivide to get the public’’s businesss businessdone.done.

Continued

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CostCost

Depending on whose tally you believe, the totalDepending on whose tally you believe, the totalamount spent on redistricting a decade ago wasamount spent on redistricting a decade ago wassomewhere between $2.6 million and $2.9somewhere between $2.6 million and $2.9million for sophisticated mapmillion for sophisticated map--drawingdrawingtechnology, technical experts and politicaltechnology, technical experts and politicalconsultants to help them draw new district linesconsultants to help them draw new district linesas well as attorneys to represent legislativeas well as attorneys to represent legislativeleaders in court.leaders in court.

Continued

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Can we Take the PoliticsCan we Take the Politicsout of Redistricting?out of Redistricting?

How do we get legislators toHow do we get legislators tochange a system that gives themchange a system that gives themcontrol?control?

Why would legislators want to giveWhy would legislators want to giveup that control?up that control?

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Can we Take the PoliticsCan we Take the Politicsout of Redistricting?out of Redistricting?

ItIt’’s hard to persuade people that reform iss hard to persuade people that reform isnecessarynecessary

– Most citizens don’t think about redistrictingvery often

– It’s hard to explain why it’s important –particularly if you weren’t affected last time

Continued

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• Legislatures (36 states)

• Nonpartisan legislative agency draws mapfor legislature to adopt (Iowa)

• Advisory commissions to help

• Backup commissions if legislature fails

• Political commissions – membersappointed by politicians (7 states)

• Independent commissions (6 states)

How is it done?How is it done?

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How should it be doneHow should it be donePrinciples for effectivePrinciples for effective

redistrictingredistricting

Meaningful independence

Meaningful diversity

Meaningful guidance

Meaningful participation

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Meaningful IndependenceMeaningful Independence

Those who draw the lines should not be directbeneficiaries

Those who draw the lines should not becontrolled by direct beneficiaries

One of the players shouldn’t also be the umpire

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Meaningful DiversityMeaningful Diversity

Those who draw the lines should reflectthe state, county or municipality

Need redistricting body of sufficient size

Need rules/incentives to choose diversemembership

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Meaningful GuidanceMeaningful Guidance

Criteria that reflect basic goals

Enough flexibility to accommodate localexceptions

Communities of interest

Voter majority is legislative majority

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Meaningful ParticipationMeaningful Participation

Process that encourages community inputbefore and after drafts

Encouraging input from diverse voices inthe community

Testimony regarding who arecommunities of interest

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5 members

– 2 R, 2D, 1 I

Not more than 2 from a county

Chosen by legislators from pool withcommittee choosing the 5th

No candidates, party officials or lobbyists

ArizonaArizona

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Equal population

to the extend practicable

– Geographically compact and contiguous

– Respect community interests

– Visible geographic features, county andmunicipal boundaries and censusboundaries

– Competitive districts should be favoredwhere to do so would create no significantdetriment to the other goals.

Arizona CriteriaArizona Criteria

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No initial use of party registration andinitial use of party registration and

voting datavoting data

No use of information on incumbentNo use of information on incumbentresidenceresidence

Draft to be presented to the public andDraft to be presented to the public andcomments on the draft to be consideredcomments on the draft to be considered

Arizona CriteriaArizona CriteriaContinued

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Arizona, which is the only state to requirecompetitiveness as a redistrictingcriterion, was in litigation over its 2001maps for seven years. Opponents of themaps drawn by Arizona’s independentredistrict commission unsuccessfullychallenged that the maps were notsufficiently competitive.

Arizona CriteriaArizona CriteriaContinued

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CaliforniaCalifornia –– Prop 11Prop 11

Step One: Any of California’sapproximately 15 million registered votersmay apply

Step Two: The independent State Auditorselects a panel of three independent auditorsto screen applicants.

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Step Three: The panel of auditors choosesthree “sub-pools” of 20 persons each

– from the 60 most qualified persons who haveapplied.

• 20 Democrats,

• 20 Republicans, and

• 20 others.

Continued

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Step Four: The four legislative leaders(Assembly Speaker and Minority Leader,and Senate President pro Tem and MinorityLeader) may each strike two people fromeach 20 person “sub-pool.”

Continued

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Step Five: The three auditors randomlyselect eight commissioners:

• 3 Democrats,


• 2 others.

Continued

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Step Six: The eight commissioners selectsix more members from sub-pools

– The final Citizens Redistricting Commissionhas 14 members:

• 5 Democrats,


• 4 others

Continued

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The independent commission must approve itsredistricting maps by a supermajority voteof 9 out of 14 members. Moreover, themajority must consist of at least 3 of the 5Democrats, 3 of the 5 Republicans and 3 ofthe 4 “Decline to States” or representativesof other parties.

Continued

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CaliforniaCalifornia –– Prop 11Prop 11Redistricting CriteriaRedistricting Criteria

Geographic contiguity – Respect for geographic integrityof neighborhoods, city and county boundaries, andcommunities of interest, without violating the requirementsof the previous criteria.

Geographic compactness to the extent practicable andwhere it does not conflict with the criteria above.

No consideration of the place of residence of anyincumbent or political candidate in the creation of a map.

Don’t favor or discriminate against an incumbent, politicalcandidate or political party.

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The following redistricting criteria (in order ofpriority) must be followed

in drawing legislative district lines. Districts must:

– have reasonably equal population

– comply with the federal Voting Rights Act

– be geographically contiguous (connected)

– respect counties, cities, communities of interest and

neighborhoods·

CaliforniaCalifornia –– Prop 11Prop 11Continued

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– · to the extent there is no conflict with the criteriaabove, districts should be

• geographically compact, and nested

• not be drawn to favor or discriminate againstincumbents, candidates or parties.

• Incumbent addresses may not be considered.


Continued

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IowaIowa

A nonpartisan legislative staff agency drawsa map

The legislature accepts or rejects it

After the legislature has rejected two sets ofplans can it draw districts as it pleases.

(this hasn’t happened yet)

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Local and Regional Interests

– Urban/suburban/rural splits

Minority Interests

– Can Latinos elect an alder?

Why is Redistricting so Hard?Why is Redistricting so Hard?Or,Or,

Maybe the LegislatorsMaybe the Legislators shouldshould bebehappy to have someone else do it!happy to have someone else do it!

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Party Interests– How will balance of power in the

legislature change?

Individual legislators– How will my district change?

Citizen Interests– New legislator?

– New polling place?

– More or less competition?

Why is it so Hard?Why is it so Hard?Continued

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TEACH

There’s no perfect map, rather an endlessnumber each with its own imperfection

One problem is the criteria aren’t fixed in a rankorder. It would be a lot easier if you could applya, then apply b, then apply c.

But even then, the map is going to look differentif you start at the northwest corner of the countyrather than the southeast corner, because everydecision drives the next one.

What can you do?What can you do?

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Important LessonsImportant Lessons

The Mapping Project – George MasonUniversity

http://http://elections.gmu.edu/Redistricting.htelections.gmu.edu/Redistricting.ht

mlml

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Equal population districts must be ofunequal geographic size; urban districtsmust be smaller than rural districts

Nicely-shaped districts are difficult todraw using census blocks; and mayconflict with respecting existing politicalboundaries

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Redistricting criteria can have predictablepartisan and racial effects

If goals like partisan fairness orcompetition are desired, they should becodified into law, just as we do withminority representation goals described inthe Voting Rights Act

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Try to keep decision makers frommaking mistakes – if you can.

Remind them of things they can’tdo.

Point out potential problems..

What can you do?What can you do?

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Aim for the ideal

Be flexible

Have standards and apply themuniformly

Things that helpThings that help

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Know who has authority!

Understand the timeline

Say you can’t meet it immediately

– What do you need to meet the timeline?

– Staff? Equipment?


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Legislators get REALLY nervous at redistrictingtime. After all, it’s their districts on the line.

Don’t take things personally.

Most members assume the plan should originatefrom their own district.

Expect some irrational choices.

Don’t play on the freeway. Stay out of fightsbetween members – unless it’s your job to resolvethem.

From Thomas B. Hofeller, Redistricting Coordinator, Republican NationalCommittee


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Remember that “bad news, unlike finewine, does not age well.” Let people knowabout problems as they develop.

If bad news has to be given to a member,let the attorneys or outside experts deliverit – if possible. That’s what they’re paid todo.

From Thomas B. Hofeller, Redistricting Coordinator, RepublicanNational Committee


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Understand the local rules

– Who can make suggestions.

– Who shouldn’t see the plan.

Find out what everybody knows, but didn’t tellyou!

– You never split the village of X

– Y is an important boundary


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YOU CANYOU CAN’’T MAKET MAKEEVERYBODYEVERYBODY

HAPPY!HAPPY!

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Exercise reduces stress


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http://http://www.wisdc.orgwww.wisdc.org//

Peter CannonPeter Cannon

[email protected]@gmail.com

(608) 251(608) 251--12761276

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Taking Politics Out of Redistricting