Tag Archives: California

More Redistricting Delays – Part II

By Jim Ellis

Feb. 20, 2021 — Yesterday, we covered the Census Bureau announcement that delivering new population data to the individual states will again be postponed, and what effect receiving numbers in October, if then, will have on the redistricting process.

Today, after previously analyzing the states that appear poised to gain seats, we look at those that will probably lose districts. At this point, estimates project that 10 seats will be transferred. This, however, is only a projection as the current published numbers do not include the final changes in the previous decade’s last year.

At this point, all of the succeeding states appear positioned to lose one seat. The individual state logistical data comes from a study that the Brennan Center for Justice just released.


Alabama

It appears that Alabama is on the cusp of losing a seat depending upon who is counted and where they reside. This specifically refers to college students and non-citizens. President Biden’s executive order countermanding President Trump’s directive not to count non-citizens may have an effect upon Alabama’s status. Officials there may sue over the apportionment if, in the final count, the state loses one of their seven districts.

It is likely that Alabama redistricting will be pushed into 2022 irrespective of the apportionment decision because the legislature will be out of session when the data is finally delivered. The state’s May 24 primary could conceivably be postponed.


California

For the first time in history, California is likely to lose a seat in apportionment. The 2010 apportionment cycle was the first in which the state did not gain representation. In the 1980 census, for example, California gained seven seats.

The Golden State has a redistricting commission, but the data postponement may force the process into a secondary mode since the redistricting completion deadline is Aug. 15. Unless the deadlines are changed, the state Supreme Court will appoint a special master to draw the map. California’s March 8, 2022 primary may have to be postponed, and almost assuredly their Dec. 10 candidate filing deadline will have to move.


Illinois

The state legislature has the redistricting pen, but Illinois also has a backup commission empowered in case the regular process is not completed. A March 15, 2022 primary and certainly a Nov. 29 candidate filing deadline, however, could and will face postponement.


Michigan

Voters previously adopted the institution of a 13-member commission to draw maps. The commissioners, now appointed, consist of four Democrats, four Republicans, and five unaffiliated voters.

With an April 1, 2022 candidate filing deadline and an Aug. 2 state primary, the Michigan system should have time to complete the redistricting process without changing their election cycle calendar.
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More Redistricting Delays – Part I

By Jim Ellis

Feb. 17, 2021 — The Census Bureau announced just before the Presidents’ Day holiday break that there will be yet another long delay in transmitting the census data to the states. Without the new numbers, redistricting becomes unachievable.

The new target date is Sept. 30, postponed from their first postponement date of July 30. At this point, the postponed apportionment release date remains April 30, long after the statutory deadline of Jan. 1. Apportionment is the first critical step in the redistricting process since this informs the states how many congressional seats they will be awarded for the current decade.

The late September target (and there’s no guarantee even this date will be met) will make it difficult for many states to finish their redistricting on time, and could force the process into the courts if state legislatures are unable to convene or meet a legislative calendar in terms of allowing public input. Even now, at least several states will have to enact emergency legislation to change deadlines to avoid violating pre-existing legal redistricting deadlines.

The delays have already changed the political situation in New Jersey and Virginia. With both states having odd-numbered year state legislative elections, the two are always the first to receive their new census data. In both states, legislative elections will now proceed under the 2011 maps with previously enacted amendments. When the lines are eventually completed, it is possible that new elections, possibly for 2022, will be ordered in Virginia. New Jersey voters passed a referendum in November that allows redistricting to occur before the 2023 state legislative elections.

Another problem could be lawsuits filed against the eventual apportionment. Apparently, the principal problem for the delays is exactly which people to count and where they are placed. College students, for example, are typically counted at the university campus on which they reside. Now, however, so many are not attending in-person classes. Therefore, arguments are ongoing as to where this group should be counted, either at school or back at their primary residence.

Additionally, one of President Biden’s new executive orders reversed Trump Administration policies about whether or not to count non-citizens. This change of direction has also created further delays.

Based upon these controversies, and others, it is probable that at least one potential losing state – apparently Alabama is on the cusp of losing a seat but may not depending upon the counting criteria – could sue over the apportionment conclusion meaning even further delays as various potential lawsuits wind their way through the judicial process toward final determination. All of this could conceivably mean redistricting is postponed until the 2024 election cycle.

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More Redistricting Delays

By Jim Ellis

Jan. 29, 2021 — The Census Bureau announced at mid-week yet another postponement in releasing the national apportionment figures, this time until April 30. Reapportionment should have been completed by Dec. 31, but the Bureau previously announced that March 6 would be the new release date due to COVID-related problems. Now, we see further delays.

Reapportionment is the process of creating a new census data algorithm in order to project the number of congressional seats each state will be awarded for the coming decade. It appears that 10-12 seats could change states, with the northeast and Midwest typically losing districts to southern and western states. This time, however, California, for the first time in history, is reversing their trend and appears headed for the losing list.

Once the apportionment numbers are known and the individual data dispersed, the states can begin the redistricting process. The Census Bureau further stated that individual states won’t be receiving their particular data necessary for redistricting until at least July 30. This will clearly set the redistricting cycle back significantly, which could cause major problems for the coming election cycle.

In the past, the Census Bureau has prioritized the states with early primaries to be first to receive their data. This meant that New Jersey and Virginia initially received their new population numbers ahead of the others because they have odd-numbered year state legislative elections. Texas and Illinois were next to receive since they traditionally schedule their regular primaries in March of the election year.

Knowing that the numbers would not be available for them in 2021, New Jersey and Virginia took preparatory action. Garden State officials placed a referendum on the November ballot asking voters for approval to postpone legislative redistricting until 2023. The measure passed.

The Old Dominion leaders decided they would run their 2021 state Delegate elections on the amended 2011 map but could conceivably call elections again for next year once they receive their updated data and can draw district boundaries. Virginia state senators do not stand for election until 2023, so it is unlikely the redistricting delay will affect those campaigns.

The data distribution and processing delay could place most legislatures in a conundrum. Most will be adjourned when the data is received, so special sessions will have to be called in most cases to complete the process prior to the 2022 candidate filing deadlines. This suggests that the states having redistricting commissions might prove to be in better position to complete the task because they won’t have to deal with legislative politics, priorities, or calendars, all of which result in a lengthy process.

Additionally, since almost every map is challenged in court, we could well see a plethora of lawsuits being filed late in the year that keep the redistricting process tied in figurative knots for months.

The states in the most difficult situations will be those gaining and losing congressional representation. Because the number of districts these particular states will have differ from their current allotments, they do not have the option of reverting to the current map once 2021 apportionment becomes final.

In the case of gainers and losers not having completed maps, we may see at-large races for the House. This would be particularly difficult for the losing states because we may see all members in the affected places having to run at-large for seats in their House delegations.

Unofficially, the gaining states appear to be Texas (3 seats), Florida (2), Arizona, Colorado, Montana, North Carolina, and Oregon. The losers may be New York (possibly 2 seats), Alabama, California, Illinois, Michigan, Minnesota, Ohio, Pennsylvania, Rhode Island, and West Virginia. Reports suggest that the closest developing situation concerns whether Alabama loses a seat or New York drops two.

President Biden’s executive order that mandates non-citizens be counted in the census will certainly affect the final data projections and may be another reason for this latest delay.

The only certainty about 2021 reapportionment and redistricting is the many moving parts in these various states will likely produce surprising political results.

Early House Outlook – Part I

By Jim Ellis

Jan. 20, 2021 — With the presidential Inauguration dominating political attention this week, it is a good time to set the upcoming electoral stage for the US House on a 50-state basis. Today, a first of a four-part series, will begin to look at the 13 western states. During the rest of the week, we will move eastward.


• Alaska – 1 Seat (1R)
Rep. Don Young (R-Ft. Yukon), the Dean of the House, won his 25th term in November with a 54-45 percent victory in a competitive race. With Alaska being an at-large state, reapportionment and redistricting won’t change the political situation. The big question surrounding the 87-year-old congressional veteran is when will he retire?


• Arizona – 9 Seats (5D4R)
The Arizona population growth rate makes them a cinch to gain a 10th District in reapportionment. It is also clear that the new seat will be placed in the Phoenix metropolitan area. Arizona has a redistricting commission comprised of two Democrats, two Republicans, and one Independent. The latter member becomes the chairman. The membership has not yet been chosen.

The state’s marginal nature suggests that we will see a very competitive state once all 10 seats are in place. Currently, there are two districts where the winning House member received 52 percent of the vote or less. This means GOP Rep. David Schweikert (2020 winning percentage: 52.2) and Democratic incumbent Tom O’Halleran (2020 winning percentage: 51.6) will be looking to add more Republicans and Democrats to their seats, respectively.

An open governor’s race (Republican Gov. Doug Ducey ineligible to seek a third term) and what should be a competitive re-election for Sen. Mark Kelly (D) could cause open seats in the House delegation should any of the sitting members attempt to run statewide.


• California – 53 Seats (42D11R)
For the first time in history, the Golden State appears positioned to lose a seat in their US House delegation. With migration exiting the state exceeding those incoming, it appears the California growth rate did not keep up with the specified threshold in order to keep all of their 53 seats. The Los Angeles area is likely to absorb the loss of the seat, but which member will be paired with another is an open question.

California voters adopted an initiative before the 2010 census that established a citizens’ commission to administer redistricting under strict parameters that emphasizes keeping cities and counties whole when possible and irrespective of where any particular incumbent may reside. Therefore, with the mapping power removed from the legislature, it is possible that inside Democratic politics might play a lesser role in the redistricting process.

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The Losing Regions – Part I

By Jim Ellis

Dec. 23, 2020 — With the Census Bureau readying the national apportionment formula to present to the Clerk of the House at some point next month, it is a reasonable time to again look at the states projected to lose congressional districts and begin to determine where a dragging population could cost a region its current representation.

Today, we look at four states projected to lose a district: Alabama, California, Michigan, and Minnesota. Tomorrow, we will examine Illinois, Ohio, Pennsylvania, and New York. Rhode Island and West Virginia are also going to lose seats but because they are two- and three-district states, the new redistricting map becomes obvious, particularly in the former’s case.


Alabama

The Alabama population suggests that it is too small to keep its seventh congressional district, but such makes the remaining six districts very large, likely well over population figures of 800,000 residents apiece. It is an ironic problem for the states losing districts in that the remaining CDs actually become much larger. If Alabama is on the losing end in final reapportionment, the scenario of dropping a district and making the remaining seats much larger will certainly come to pass.

As with all redistricting, those in a corner of a state, i.e., either bordered by another state, body of water, or country are in the best shape because their districts can only expand or contract one or two ways. In Alabama, the 1st and 5th CDs, those of incoming Rep. Jerry Carl (R-Mobile) and Mo Brooks (R-Huntsville) are in the most favorable geographic positions.

The district appearing to lose the most population is Rep. Terri Sewell’s (D-Birmingham) 7th CD, but this is a protected Civil Rights district meaning it must be protected. The seat could need to gain almost 150,000 people according to rudimentary calculations, and the most likely place for the increase comes from Montgomery County at the expense of the 2nd District and possibly the 3rd.

The 2nd District, even when bordered by states on two sides, appears the most vulnerable to collapse. Needing to likely gain over 140,000 individuals before almost certainly losing population to the current 7th District, the collapsing of the 2nd and 3rd Districts into one seat appears to be a potential outcome. This would place incoming freshman Rep. Barry Moore (R-Enterprise) and veteran Congressman Mike Rogers (R-Anniston) in the same district.


California

For the first time in history, California looks to lose congressional representation. In the last census, the state remained constant for the first time. In every previous census apportionment, the Golden State had gained representation. In the 1980 census, for example, California gained seven new congressional districts. Now, it appears they will reduce representation from 53 to 52 seats, but still be the most populous state by a wide stretch.

The region not keeping up with the rate of growth appears to occur in the southern California expanse from Bakersfield through Los Angeles County and portions of Riverside, Orange, and San Bernardino Counties. Such a region covers 18 congressional districts, 16 of which will need to gain population under a rudimentary calculation suggesting that each of the state’s 52 CDs will require approximately 760,000 residents. Of the 18 districts, Democrats represent 15 and Republicans’ three.

Only two of these 18 districts, those of Reps. Brad Sherman (D-Sherman Oaks) and Norma Torres (D-Pomona), are either at or slightly over the approximated population goal.

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