Tag Archives: Census Bureau

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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CO-3: Rep. Boebert Challenge Looming

By Jim Ellis

2nd Amendment activist, local restaurant owner and now US Rep. Loren Boebert represents Colorado’s 3rd CD.

Feb. 8, 2021 — Colorado freshman Rep. Lauren Boebert (R-Silt), who first upset then-Rep. Scott Tipton in the 2020 Republican primary and later overcame more than $6 million in combined spending from her general election opponent and outside organizations, can count on seeing another tough campaign in 2022.

Already, candidates are lining up, and the most prominent one in the early going announced late last week. State Senate President Pro Tempore Kerry Donovan (D-Gunnison) released a video announcing that she will forego re-election to the state legislature in order to challenge Rep. Boebert in the next congressional campaign. Rancher Gregg Smith and former state House candidate Colin Wilhelm had previously declared their intentions to compete for the Democratic nomination.

Lauren Boebert is a Florida native who moved with her family to the Denver area when she was 12 years old. She then re-located to the Western Slope region in 2003 and, with her husband, opened their restaurant, Shooters Grill, in 2013.

Congresswoman Boebert has attracted much national attention so far with her insistence of carrying a firearm on the House floor. Such is nothing new since she has always holstered a side arm in her restaurant establishment and made defending the 2nd Amendment the cornerstone of her congressional campaign effort.

Despite being heavily outspent, Boebert carried the general election against former state representative and 2018 congressional nominee Diane Mitsch Bush (D) by a 51-45 percent margin, meaning a spread of 26,512 votes. Former President Trump, who recorded only 42 percent of the statewide vote, also carried the 3rd District in a similar 52-46 percent margin.

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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.

COVID & Redistricting

By Jim Ellis

April 29, 2020 — The deadline for the Census Bureau to release the new population data is March 31, 2021, but with the entire process being delayed due to COVID-19 precautions, the ability to meet the requirement is becoming more difficult by the day. Already, the Bureau has been delayed in dispatching their door-to-door teams necessary in obtaining the responses from people who did not return their mail tabulation form.

The Trump Administration is reportedly suggesting that the March 31 deadline be postponed to sometime in the summer of 2021. If this happens, we will see a series of redistricting problems ignited in the states. First, the political leaders in New Jersey and Virginia, places that have 2021 elections and need their new state legislative lines in place well before that date, would find themselves in a difficult position.

Initially, the two states would certainly have to postpone their primary elections because both nominate their general election candidates in June. Beyond that, it is possible they would have to even postpone their general elections into 2020 or run in the obsolete boundaries that were drawn back in 2011. In either case, we could expect lawsuits being launched from whichever party loses a particular electoral contest.

Other states would be affected, too. Many have legal deadlines in place mandating that the new redistricting maps for state legislature and the US House delegation be adopted before the legislative sessions ends. Most states recess before mid-summer, which would mean special sessions being called if the legislature is to act.

The problem intensifies in the states that are either gaining or losing congressional districts in reapportionment. Currently, it appears that seven states will add seats to their delegations (the best projections suggest that Texas will gain three, Florida two, and Arizona, Colorado, Montana, North Carolina, and Oregon one apiece), while 10 will lose single districts (Alabama, California [for the first time in history], Illinois, Michigan, Minnesota, New York, Ohio, Pennsylvania, Rhode Island, and West Virginia).

The aforementioned apportionment is based upon calculations released publicly and not, of course, using the actual numbers. Therefore, we could see some differences between these projections and what the formulas actually produce when the Census Bureau finally can produce the updated real figures.

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New House Census Projections

By Jim Ellis

Jan. 3, 2020 — The Census Bureau just released its new population growth estimates for the 12-month period between July 1, 2018 and July 1, 2019. Their data allows us to assess just which states will likely gain and lose congressional districts in 2020 reapportionment, both in terms of the real numbers just presented and for projecting the final count once the decade’s final-year patterns are calculated and the census is actually conducted.

The national population growth rate was analyzed to be 0.5 percent, down from the peak period of the decade, the July 1, 2014 through July 1, 2015 time segment, when the growth factor reached 0.73 percent. The population patterns of movement to the south and west continue, with the northeast actually seeing a population decrease during the aforementioned reported 12-month period that ended on July 1. The Midwest is not keeping up with the national rate of growth, either, but not losing overall population.

Ten states actually lost population during the reported period, led by West Virginia’s 0.7 percent drop. Alaska declined by 0.5 percent, with New York and Illinois each losing 0.4 percent. Hawaii dropped by 0.3 percent, Connecticut, Louisiana and Mississippi 0.2 percent, and Vermont (0.1 percent). New Jersey is the tenth population reduction state, but it lost only 3,835 people from a population of more than 8.9 million individuals for a 0.0004 percent decrease.

The fastest growing states at this point in the decade are Idaho (2.1 percent since July 1, 2010), Nevada, Arizona, and Utah (all at 1.7 percent increase during the same period), Texas and South Carolina (1.3 percent), Washington and Colorado (1.2 percent), Florida (1.1 percent), and North Carolina (1.0 percent).

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