Category Archives: Reapportionment

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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Another Delay in NY-22 Certification;
Rep. Ryan to Announce Senate Run

By Jim Ellis

Feb. 4, 2021 — After ordering the eight NY-22 counties to certify their final congressional election results by yesterday afternoon and now surpassing 90 days after the votes were cast, State Supreme Court of Oswego County Justice Scott DelConte has reversed course. Yesterday, he instructed the county election officials to suspend their certification process.

Justice DelConte said he now wants to consider at least until Friday the effect of 116th Congress incumbent Anthony Brindisi (D-Utica) possibly winning his motions for legal relief at the appellate level after race leader Claudia Tenney (R) is certified the winner and takes office. This new direction suggests it could be several more weeks before we see a member sworn into the House from this particular Upstate New York district.

OHIO SENATE

Ohio Rep. Tim Ryan (D-Warren/Youngstown)[/caption]Yesterday, Ohio Rep. Tim Ryan (D-Warren/Youngstown) indicated that he will officially announce a campaign for the state’s open Senate seat in March. Ryan becomes the first prominent Democrat to begin organizing a campaign.

Ohio Rep. Tim Ryan (D-Warren/Youngstown)

As we will remember, Rep. Ryan joined the Democratic presidential field attempting to approach the electorate from a union jobs, more centrist perspective. His campaign failed to gain legs and he dropped out well before the first votes were cast in the Iowa Caucuses. During his 10 terms in the House, Ryan has publicly considered running for lieutenant governor, governor, and the Senate, only to back away each time in order to seek re-election to the House.

This time, however, his statement is definitive about running, and such a move makes political sense. Ohio is slated to lose another congressional seat in reapportionment and there is reason to believe that Rep. Ryan’s 13th District seat could be the one collapsed.

OH-13 begins at the Pennsylvania border and immediately encompasses the cities of Youngstown, Niles and Warren. Then the district moves further west to capture more than 228,000 individuals in the Akron metro area. Most of Akron city is shared with Rep. Marcia Fudge’s (D-Cleveland) 11th District, which is the least populated CD in the state. The 11th will likely need an influx of about 100,000 people to become compliant with the projected per district population number for the current decade under the new redistricting plan when adopted.

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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.

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.

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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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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.

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