Category Archives: Apportionment

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.

Continue reading →

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.

Continue reading →

Early House Outlook – Part II

By Jim Ellis

Jan. 21, 2021 — Continuing with our electoral stage preview for the US House, today we look at 12 states in the country’s central region. Tomorrow and the following Monday, we move further east.

• Arkansas – 4 Seats (4R)

Arkansas holds four Republican districts, and the GOP controls the redistricting pen. They will obviously attempt to draw a new map that protects all four incumbents, and they should be able to do so with relative ease as the state continues to move toward the ideological right.

Arkansas had previously received Justice Department approval to draw a map where all of its 75 counties whole within the individual congressional districts, and thus exceeding the plus-or-minus one individual congressional district population variance requirement.

• Iowa – 4 Seats (1D – 3R)

Iowa has a hybrid redistricting system. The legislature voluntarily cedes power to a particular legislative committee, which then draws the four congressional districts based upon a mathematical population algorithm without regard to incumbent residences or political preferences. The legislature must then approve or reject the map without amendment.

The current map has produced competitive districts as is evidenced in the 2nd District being decided by just six votes in the 2020 election. Three of the state’s four CDs have seen both Republican and Democratic representation during this decade. It is likely we will see the process produce a similar map later this year.

• Kansas – 4 Seats (1D – 3R)

Both parties have seats at the redistricting table as Republicans control the state House and Senate while Democrats have the governorship. Republicans will attempt to at least protect the status quo but Democratic Gov. Laura Kelly can be expected to hold out for a 2R-2D plan. Any prolonged impasse will send the map to either a state or federal court in order to produce an interim map for the coming 2022 election.

• Louisiana – 6 Seats (0D – 4R; 2 Vacancies)

The more immediate political task Louisiana sees is filling its two vacant congressional districts. The New Orleans-Baton Rouge 2nd District has no representation because Rep. Cedric Richmond (D-New Orleans) resigned to accept a White House appointment from the Biden Administration. Rep-Elect Luke Letlow (R) tragically passed away after his election and before he was officially sworn into office. Therefore, both seats will be filled in a two-tiered March 20/April 24 special election calendar.

Republicans control the legislature, but Gov. John Bel Edwards (D) holds the veto pen. The number of seats will remain constant since the population appears relatively even through the state’s six districts. The 1st (Rep. Steve Scalise-R) and the 6th (Rep. Garret Graves-R) are over-populated while the 4th (Rep. Mike Johnson-R) and the 5th (Letlow vacancy) will need to gain residents.
Continue reading →

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 (5D–4R)
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 (42D–11R)
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.

Continue reading →

The Losing Regions – Part II

All the best for a great holiday break. The Political Updates will return on Monday, Jan. 4.

A look at how things might play out in key states in the redistricting tug of wars

By Jim Ellis
Dec. 24, 2020 — Continuing our two-part series of examining reapportionment projections for states expected to lose congressional seats, today we look at an additional four states with CDs on the chopping block: Illinois, New York, Ohio, and Pennsylvania.

At this point, it appears a total of ten states are in the losing category. Yesterday, we covered Alabama, California, Michigan, and Minnesota. The remaining two, Rhode Island and West Virginia, are moving to at-large and two district status, respectively, meaning their new maps become obvious.

The new apportionment, originally due at the end of this year but delayed due to COVID, could be released sometime in January.

Illinois

Illinois is a sure loser and one of the few states where the overall population is less (over 158,000 people) according the latest available numbers (July 2019) than registered 10 years ago. Therefore, Illinois is in the rare situation of losing congressional representation not because the population failed to keep pace with the rate of growth, but rather due to the entity actually having fewer people.

This leads to speculation that the state could lose two seats because even in such a scenario the per district population number would be under 800,000 individuals. A two-seat loss would still render the state with a lesser per district total population figure than some of the other states losing one.

All current 18 Illinois CDs need to gain population even under a one-seat loss scenario. Making such calculations we see that the new rudimentary per district population figure would be approximately 745,401 individuals, less than the number projected for most states. Typically, states losing congressional districts feature much higher numbers. This adds to the speculation that the state could drop a second CD.

If the loss is only one, as the current projection formula suggests, the southern part of the state would appear to take the hit. This means that Republicans, while holding only five of the state’s current 18 districts, would likely lose a seat. Aside from Rep. Cheri Bustos’ (D-Moline) 17th District anchored in the Quad Cities region, which has the largest population number to gain, over 79,000 people, the remaining seven of the top eight districts needing a population increase come from the Downstate region.

The figures suggest that combining the five central and southern districts of Reps. Mike Bost (R-Murphysboro), Rodney Davis (R-Taylorville), incoming freshman Mary Miller (R), Adam Kinzinger (R-Channahon), and Darin LaHood (R-Peoria) into four districts would be the most likely scenario unless the Bustos district is collapsed. Considering that the Democrats control the redistricting process, it is probable that the former scenario would be the one adopted.

New York

Like Illinois, New York, while having slightly more people than they did in 2010 (just over 75,000 more according to July 2019 estimated figures), could be on the cusp of losing two seats. Of their current 27 districts, 24 must gain population. Only the seats of Reps. Hakeem Jeffries (D-Brooklyn), Gregory Meeks (D-Queens), and Adriano Espaillat (D-Bronx) are in the position of shedding residents. All others need a population influx even to reach the approximated 748,213 figure that appears be present at this point for a 26-District model.

As in Illinois, a two-seat loss would still keep the per district number at well under 800,000, much less than other states that are projected to lose congressional representation.

Also as in Illinois, the non-urban area looks to need the largest population gain (meaning Upstate, in this case), would contain the area most prone to lose a seat. This means, also as in Illinois, that the party in a small minority, the Republicans, is most likely the one on the chopping block.

Continue reading →

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.

Continue reading →

Florida Data

By Jim Ellis

Dec. 18, 2020 — Continuing with our project this week of analyzing statewide data now that official final election results are being published from around the country, today we look at the Sunshine State of Florida, another key redistricting state.

Though having only three-quarters of Texas’ population, the Florida presidential turnout came within only a few hundred to equaling that of the Lone Star State (FL: 11,067,366; TX: 11,315,056).

On the statewide tally, President Trump carried Florida with a 51.2 – 47.5 percent margin over former vice president Joe Biden. The result represents a net 2.2 percentage increase for the president when compared with his 2016 statewide total, while Biden’s performance registered a decline of 0.3 percent from Hillary Clinton’s Sunshine State aggregate vote.

The House performance detected in California and Texas, showing that the average victorious congressional candidate performed better within their particular district than President Trump, was not nearly as pronounced in Florida.

On average, Texas US House Republican candidates ran 2.8 percentage points better than Trump, and the average California GOP House candidate ran 4.2 points ahead of the president’s statewide percentage. In Florida, however, the number was virtually equal to the president’s, with the average House Republican contender running just 0.2 percent above Trump’s statewide total.

Because two of the Republican incumbents, Reps. Neal Dunn (R-Panama City) and Mario Diaz-Balart (R-Miami/Hialeah), ran either without Democratic opposition (Dunn) or totally unopposed (Diaz-Balart) the Florida Secretary of State does not record votes in such a district. Therefore, for purposes of this exercise, a projected result of 65-35 percent for the two congressional districts was added as an estimated total. This percentage spread was extrapolated when comparing the performance of Republican and Democratic congressional candidates in similar Florida districts.

To review, in California, Democratic House incumbent performance fell below their 2018 recorded vote in 33 of 44 districts, while results improved for four of the six Republican incumbents on the ballot. In Texas, vote percentages for 11 of the 16 Republican incumbents seeking re-election improved from 2018, while the Democratic incumbent performance index declined for all 13 who ran for a succeeding term.

Continue reading →