Category Archives: Redistricting

Colorado Releases First New Map


District 1 – Rep. Donna DeGette (D-Denver)
District 2 – Rep. Joe Neguse (D-Lafayette/Boulder)
District 3 – Rep. Lauren Boebert (R-Silt/Western Slope)
District 4 – Rep. Ken Buck (R-Windsor/East Colorado)
District 5 – Rep. Doug Lamborn (R-Colorado Springs)
District 6 – Rep. Jason Crow (D-Aurora)
District 7 – New Seat
District 8 – Rep. Ed Perlmutter (D-Arvada/Thornton)

By Jim Ellis

June 28, 2021 — The Colorado Independent Redistricting Commission, using only Census Bureau estimates because no state has yet received its census tract information and won’t until at least Aug. 15, released a preliminary new eight-district US House map late last week. Colorado is one of the states that gained a congressional seat under the 2020 national reapportionment.

The published commission map will not be the final version because population estimates and statistical sampling cannot be used for redistricting purposes per a 1999 US Supreme Court ruling (Department of Commerce v. US House of Representatives). Therefore, if this map is to become the basis for the actual plan, it will have to be adjusted after Colorado is presented with its census tract data.

This is the first redistricting cycle where Colorado has opted for the commission process. The new congressional map looks similar to the current seven-district design, in that the basic configurations of the seats and anchor population centers remain consistent with the notable exception of Rep. Ed Perlmutter’s (D-Arvada) current 7th District.

What appears designed as the new seat, District 8, takes a key population center from the 7th, the Arvada-Westminster-Thornton corridor, and makes it the new 8th CD anchor. This means the new 8th begins just north of Denver in Adams County and consumes about 85 percent of the local entity before moving slightly west to capture small Broomfield County and parts of Jefferson and Boulder counties. It then continues northeast to encompass a portion of Weld County.

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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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Rep. LaHood Considering Judicial Bid

By Jim Ellis

Illinois Rep. Darin LaHood (R-Peoria)

May 25, 2021 — An interesting story is breaking in Illinois that involves four-term US Rep. Darin LaHood (R-Peoria). Reports suggest that the congressman is considering running for an open state Supreme Court position next year instead of re-election.

The move would make some sense in that winning the 3rd District Supreme Court position would appear to give Republicans a 4-3 majority on the judicial panel, the only area of power that the GOP would control in the state.

Considering the Illinois congressional map is a heavy Democratic gerrymander (13D-5R statewide) and will likely continue as such under a new 17-seat map (down one from the current 18) to be drawn when the Census Bureau reports the track data to the states, probability is high that the collapsed seat will be Republican and come from Illinois’ downstate region.

Though fewer people reside in the state of Illinois today than 10 years ago, the population loss appears greater outside the Chicago metropolitan area. Democrats, with their wide majorities in both houses of the state legislature, will assuredly capitalize upon the opportunity of collapsing two of the few remaining GOP seats into one. This means despite languishing in a severe minority, Republican congressional strength in the state will likely diminish even further.

Illinois is one of the few states that runs its Supreme Court elections by districts. Justices are initially elected in partisan elections for 10-year terms, and then must stand for a yes-no retention vote to secure succeeding terms. To win retention, a justice must receive at least a 60 percent yes vote.

Third District Justice Thomas Kilbride recorded only a 56.5 percent yes vote in the November election; therefore, he was defeated. His appointed replacement, Democratic Justice Robert Carter, has already said he will not seek a full 10-year term in 2022, meaning the position will be open for election.

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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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The House Opens – Part I

By Jim Ellis

May 7, 2021 — With the number of House open and vacant seats continuing to grow, today we open a two-part series to update the status of each and begin to project where the most competitive incumbent-less districts might lie in 2022.

Adding the most recent retirement announcements or declarations for a different office, we see 16 districts that will introduce freshman members from their next election, eight from the Democratic side and an equal number of Republican seats. Of the 16, five are vacant and in special election cycles.

Today, we look at the Democratic open seats and tomorrow, the Republicans. The eight Democratic seats come from six states with another potential candidacy announcement coming shortly, at least based upon reading the Florida political tea leaves in association with this week’s gubernatorial race declaration from Rep. Charlie Crist (D-FL).

Three of the five vacancies are on the Democratic side and will be filled in elections conducted from June 1 through Jan. 11 of next year. The other five Democratic openings result from retirement decisions (3) and members seeking a different office (2) with an additional open seat announcement apparently coming imminently in Florida as all indications suggest that Rep. Val Demings (D-Orlando) will soon announce her gubernatorial bid.

AZ-2 – Rep. Ann Kirkpatrick – retirement

Rep. Kirkpatrick had represented the 1st District for three non-consecutive terms beginning in 2009. She then ran unsuccessfully for Senate in 2016 and returned in 2018 with a victory in the 2nd District. She was re-elected in 2020 with 55 percent of the vote. In March, Kirkpatrick announced that she would retire at the conclusion of the current Congress.

The reapportionment picture drastically changes the 2nd District political outlook. Originally, Arizona was projected to gain a seat, but did not once the official population figures were announced. Therefore, the Tucson anchored CD-2, expected to significantly change, is likely to remain closer to its current configuration.

If so, then the re-draw process will likely keep the 2nd in the Democratic column. The two leading early contenders to replace Rep. Kirkpatrick are state representative and surgeon Randy Friese (D-Tucson) and state Sen. Kirsten Engel (D-Tucson).

• President Biden carried the 2nd with a 54-44 percent margin.

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Apportionment Surprises


By Jim Ellis

April 28, 2021 — In virtually every 10-year apportionment announcement at least one surprise occurs, but the census unveiling Monday contained multiple blockbusters.

For example, two states had their final number of congressional districts determined by less than 90 people. Reportedly, if New York had just had 89 more people, that would have saved an Empire State congressional seat. Minnesota becomes the beneficiary allowing the state to barely hold its eighth district.

Instead of 10 seats changing states as had been forecast, only seven, affecting 13 domains, switched. Perhaps the main reason for the lower number is the decade population growth rate. According to yesterday’s final report, the nation grew at only a 7.4 percent rate, the lowest since the 1930 census’s 7.3 percent. By contrast, the population increase from the 2010 total was 9.7 percent.

Pre-census projections, for better than a year, had been predicting that Texas would gain three seats, Florida two, and Arizona one. The analysts also estimated seat losses for Alabama, Minnesota, and Rhode Island. None of these projections proved accurate.

On the other hand, prognostications for the balance of the map were accurate. Texas, and Florida did gain, but two and one, respectively, instead of three and two seats. Colorado, Montana, North Carolina, and Oregon each added one district apiece as expected. The one-seat losers were California, for the first time in history, Illinois, Michigan, New York, Ohio, Pennsylvania, and West Virginia.

It’s a bit too soon to determine which party will benefit the most from these numbers at the congressional level, though Republicans should be up slightly in the Electoral College for the next presidential campaign. Once we see how the population is distributed within the states will better tell us whether Democrats or Republicans will take the most advantage of the apportionment. This will depend upon how the population spreads through the cities, suburbs, and rural regions.

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How Low Can You Go? Below 50% …

By Jim Ellis

Feb. 22, 2021 — Now that the 2020 vote totals are finalized, analysis can be conducted to unearth what clues the election just completed provides for the 2022 cycle.

In looking at all 435 US House districts, we see that 168 electoral contests were decided with the winner receiving less than 60 percent of the vote. A total of 53 campaigns featured the victor receiving 52 percent or less. These 53 results yielded 27 Democratic wins and 26 for the Republicans. Of those, eight, four for each party, produced a plurality result with neither candidate obtaining majority support. It is these latter eight elections where we concentrate our focus.

A ninth seat, that of Iowa Rep. Mariannette Miller-Meeks (R-Ottumwa), did yield a majority winner, but with a scant six-vote margin, which was obviously the closest election of the 2020 cycle. Democrat Rita Hart is challenging the outcome before the House Administration Committee claiming that 22 uncounted ballots would give her a nine-vote victory, but so far, the situation has not been addressed. It goes without saying that Iowa’s 2nd District will be a major target for both parties in 2022.

Below is a quick synopsis of what one would think are top electoral targets for 2022, but, as you will see, many of these seats will either drop from the competition board or become a lesser target due to redistricting and other factors.

IA-3: Rep. Cindy Axne (D-Des Moines) – 48.9%

Rep. Axne was re-elected to a second term in a virtual rerun of her 2018 campaign against then-Rep. David Young (R). As one of four top Iowa Democratic office holders, rumors are already surfacing that Rep. Axne could run for the Senate or governor, particularly if octogenarian Sen. Charles Grassley (R) decides to retire. Axne is not closing the door on a statewide run.

If she does run for the Senate or challenge Gov. Kim Reynolds (R), a 3rd District congressional race becomes very different. Additionally, it appears that this Des Moines-anchored seat will have to yield approximately 60,000 residents to the adjacent seats in redistricting. The three other Hawkeye State CDs all need more population, from between 5 and 40,000 people per seat. Losing this many 3rd District inhabitants could make the seat less Democratic depending upon how the lines are drawn.

Iowa has the reputation of having the fairest redistricting system. A state legislative committee staff is given authority to draw maps based upon the straight census numbers without deference to the incumbent’s political standing or personal residence. The legislature, without amendment, must then approve or disapprove of the committee staff’s new map.

Regardless of the redistricting outcome, the IA-3 race again promises to be a national congressional campaign.

MN-1: Rep. Jim Hagedorn (R-Blue Earth/Rochester) – 48.6%;

MN-2: Rep. Angie Craig (D-Eagan) – 48.2%

The two plurality Minnesota seats will undergo drastic redistricting changes as their state appears set to lose a CD in reapportionment. With the 1st District requiring more than 125,000 additional inhabitants and the 2nd as many as 90,000, the two southern Minnesota seats will look very different in 2022. Additionally, with the legislature being the only one in the country where each political party controls one legislative chamber, the configuration of the next congressional map could be drawn in many different ways.

Obviously, both Reps. Hagedorn and Craig are in vulnerable political situations, with the former wanting to see more Republicans added to his district, while the latter needs an influx of Democrats coming her way.

Regardless the redistricting picture, these two seats will again likely be prime electoral targets.

NV-3: Rep. Susie Lee (D-Las Vegas) – 48.7%

Nevada’s 3rd Congressional District has been the site of close elections throughout the previous decade. Containing part of southern Las Vegas, the seat covers all of the state’s southern triangle region that lies between California and Arizona.

Nevada will not gain a seat in this year’s reapportionment as it has in the past two census decennials. There will be significant movement among the districts, however, with the 3rd being the prime focus. The latest population figures suggest that CD-3 will have to shed approximately 90,000 residents to other districts.

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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.