Tag Archives: Census Bureau

The Manchin Compromise

By Jim Ellis

West Virginia Sen. Joe Manchin (D)

June 18, 2021 — West Virginia Sen. Joe Manchin (D) offered a detailed compromise Wednesday to the S.1/HR-1 package that will be debated and likely voted upon in the Senate next week.

The controversial legislation would nationalize voting procedures, and Sen. Manchin has said he would not support a final package unless Republican votes could be recruited to break a filibuster. According to news sources, no Republican is currently supportive.

Sen. Manchin released what he terms is a compromise measure, (Voting Legislation For the People Act Compromise), and presumably a substitute for S.1, or “For the People Act,” as it is formally entitled. His proposal includes 26 points in addition to five sub-points.

The chances of the Democratic leadership accepting the Manchin compromise on face value are virtually nil because his measure does not include some of the key planks found in the S.1 language.

For the purposes of this column, let’s look at a few of what could be the more controversial pieces of the Manchin offering both from a political and constitutional perspective.

• Point 3 states that the measure would “ban gerrymandering and use computer models” for redistricting. Accepting this would be difficult since there is no common definition of “gerrymandering.”

Additionally, though computer models are already used in every state to draw districts, Sen. Manchin may be referring to the Iowa process in which the legislature allows the committee staff to draw maps through a specific computer model without regard to an incumbent’s residence but based solely on geographic and some demographic characteristics.

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Census Delays: Some Ramifications

By Jim Ellis

June 1, 2021 — As we know, the Census Bureau has delayed in meeting its public reporting deadlines, which causes ramifications in the political world. As a result, the state officials responsible for redistricting could well find themselves placed behind the proverbial eight ball as the new year approaches.

Reapportionment is the term used to explain the entire decennial process. Reapportionment, as the US Supreme Court defined it in their 1999 ruling on the US Census Bureau v. House of Representatives case, is basically divided into two parts. The first, which was finally completed and released on April 26, is the allocation of congressional seats to the states. The second is the re-drawing of congressional, state, and local district boundaries most often referred to as redistricting.

To complicate matters even further, the delayed allocation proved much different – affecting six seats to be exact – than predictions. It was believed for at least two years that Texas would gain three seats in the 2020 reapportionment and Florida two, with Arizona, Colorado, Montana, North Carolina, and Oregon adding one seat apiece. The actual numbers found Texas gaining two, Florida one, and Arizona none. The other one-seat gaining states were correctly predicted.

Conversely, Alabama, California, Illinois, Michigan, Minnesota, New York, Ohio, Pennsylvania, Rhode Island, and West Virginia were all expected to lose one seat apiece. The actual report found Alabama, Minnesota, and Rhode Island each retaining the same number of seats they held in the 2010 reapportionment, while the others did lose a single district apiece.

The Census Bureau claims that COVID is largely responsible for their delays, but the state of Alabama, in their pending lawsuit against the federal statistical entity, disagrees. Alabama claims the deadline violations occurred because of the Bureau’s attempt to impose, for the first time in history, differential privacy over the data. This means, under the argument of protecting individual privacy, data would be deliberately scrambled, and certain information not publicly released.

Differential privacy alone would make redistricting extremely difficult for state map drawers because the released census tract numbers, now by definition, wouldn’t equal the state population figures brought forth earlier in the year. The effect would cause political havoc throughout the country. A court ruling on the Alabama case is expected shortly.

Because of a successful legal challenge from Ohio, the Census Bureau has agreed to make the data necessary for redistricting available to the states by Aug. 15 instead of the Oct. 1 date indicated when allocation was announced.

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New Seat Location in North Carolina

North Carolina’s 12 Congressional Districts

By Jim Ellis

May 21, 2021 — With the new reapportionment map public and the states gaining congressional districts now certain, we can begin to speculate where the new CDs might land. Today, we look at North Carolina, which continues to be one of the most important states from a national redistricting perspective.

The Census Bureau’s apportionment report, released on April 26, almost five months after their Jan. 1 deadline, contained the smallest transfer of congressional seats since the World War II era.

Just seven seats are moving from one state to another. As mentioned above, one of the recipients is North Carolina, the state that came the closest to gaining in the last census, missing by just a few thousand people. Today, we speculate as to how a new North Carolina congressional map might unfold.

The 2020 individual state population data has not yet been distributed and is not expected until October, apparently at the earliest. Once the specific state data is made public, the redistricting process can begin, but for now we can only use the latest available data (July 2019) for estimation purposes.

In examining the population numbers for each of the 13 current North Carolina congressional districts, we see that all must shed population to reach the state’s Census Bureau target number of 746,711 individuals, hence, the reason for the Tar Heel State gaining a new district.

In North Carolina, the state legislature has sole jurisdiction over redistricting. The governor, in this case Democrat Roy Cooper, has no veto power over the maps both houses jointly produce. This means the Republicans will control the process since they hold majorities in both the state House and Senate.

No matter what map is drawn, we can count on seeing post-redistricting litigation. In the previous decade, the courts twice altered the original map because of various lawsuits. The final iteration broke 8-5 in favor of the Republicans after the state Supreme Court redrew sections of the state and in effect awarded two previously Republican seats in Raleigh and Greensboro, respectively, to the Democrats.

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Census Patterns

By Jim Ellis

April 30, 2021 — Monday’s Census Bureau’s congressional apportionment and state population report continues to be digested, and its many surprises will potentially lead to legal action from unanticipated sources.

First, the ongoing Alabama lawsuit against the census counting methodology, among other issues, will likely be drastically altered since the Yellowhammer State did not lose its seventh district. An in-person hearing has been scheduled for Monday, May 3, in the state capital of Montgomery.

Second, New York Gov. Andrew Cuomo (D) is already making noises that his state will sue over the apportionment formula that eliminated one of his state’s congressional districts by just 89 individuals. Others are questioning how the state, where projections forecast a loss of potentially two congressional districts, landed exactly on the national growth average and came within just a few people of not even losing one seat.

The 50-state population segmentation is interesting in that it again provides us clear growth and mobility patterns. Regionally, the immense area starting in the center of the country and moving west to the Pacific Ocean is the big population gainer. The Midwest and Northeast is the major loser, with the South and Southeast producing mixed data.

In the 17 states beginning at the eastern border of North Dakota and moving down all the way to Texas’ eastern border and then back through the entire west but not including Alaska and Hawaii, the regional population growth rate was 10.6 percent, or 3.2 points above the national growth rate of 7.4 percent.

If, however, the five states within this sector that fell below the national growth rate are removed, California (6.1 percent growth rate), Oklahoma (5.5 percent), Kansas (3.0 percent), New Mexico (2.8 percent), and Wyoming (2.3 percent), the regional average for the 12 states that exceeded the national growth rate becomes 13.4 percent, or a full six points above the US benchmark.

Therefore, the fact that this western region gained five of the seven new congressional seats is consistent with the recorded sector growth data.

The South/Southeast segment, which includes 11 states, produced inconsistent regional data. Area-wide, the average growth rate was 6.7 percent, or 0.7 percent below the national average. This is a surprising number considering the region gained two congressional seats in reapportionment.

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LA-2 Special Election Tightening

By Jim Ellis

April 1, 2021 — The Louisiana special congressional election between two New Orleans Democratic state senators appears to be tightening after the perceived underdog just scored an important endorsement that could help produce a closer than anticipated finish on April 24.

Louisiana state Sen. Troy Carter (D-New Orleans)

Sen. Troy Carter (D-New Orleans) placed first in the March 20 jungle primary with 36 percent of the vote. Sen. Karen Carter Peterson (D-New Orleans) was second with 23 percent, just ahead of Baton Rouge community activist Gary Chambers Jr. who posted 21 percent. Because no one reached the majority threshold, the top two finishers, Sens. Carter and Peterson, advanced to the special runoff election scheduled for late April.

Chambers, the third-place finisher, announced Wednesday that he is endorsing Sen. Peterson. With his 23 percent of the vote, Chambers can be a major influence in the runoff election. This is particularly true within the East Baton Rouge and Orleans parishes, where he performed well.

Louisiana state Sen. Karen Carter Peterson (D-New Orleans)

In the Baton Rouge area, for example, meaning both the East and West Baton Rouge parishes (though the West Baton Rouge entity only produced a total of 1,414 votes in the March 20 jungle primary election), Chambers and Sen. Peterson combined to record 65 percent of the original vote as compared to Sen. Carter’s 25 percent.

Also, the Congressional Progressive Caucus organization began running television advertising Wednesday that thanked Sen. Peterson for voting to expand the number of those eligible for Medicaid health benefits.

The outside CPC assistance supports the Peterson campaign strategy. One of her main goals is to identify herself as the more progressive of the two candidates. In this same vein, for example, she draws the distinction between her position and that of Sen. Carter regarding the Green New Deal. His public statements for the program have not been as strongly favorable as Sen. Peterson’s.

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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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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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