Category Archives: Redistricting

Florida Redistricting Lines
Almost Complete

Oct. 13, 2015 — The Republican troubles in the US House look to be getting worse as the long-awaited Florida redistricting process is at last taking shape. The state Supreme Court struck down portions of the map back in early July and, with the state legislature not passing new legislation in their abbreviated special session, the high court returned the plan to Circuit Judge Terry Lewis to serve as the redistricting special master. The original lawsuit was filed in Lewis’ court.

On Friday, Judge Lewis released his map, choosing one of the Democratic plaintiffs’ submissions, saying this plan best fulfills the Supreme Court’s sated objectives. The new map now goes to the Supreme Court for final approval.

The partisan numbers figure to favor Democrats by one to as many as four seats. Most likely, assuming no additional retirements among incumbents, the Democrats will probably gain one or two seats. There is a scenario, however, where Republicans could still break even. The Florida delegation splits 17R-10D under the current map.

The members likely to lose under the new configuration are representatives Gwen Graham (D-FL-2) and Dan Webster (R-FL-10) the latter of whom, ironically, is currently a candidate for House Speaker. Rep. David Jolly’s 13th District will also go Democratic, likely to former Gov. Charlie Crist (D) who said he would run if his St. Petersburg home was drawn into the district.

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Florida Chaos; Kentucky Caucus

Aug. 25, 2015 — Like what happened last week in Virginia when the Republican legislature fumbled the redistricting special session and adjourned before drawing a map, the Florida GOP legislative leadership quickly followed suit. On Friday, the special redistricting legislative session adjourned without producing a new congressional plan. The irregular assembly was court ordered to correct legal deficiencies in eight federal districts.

To summarize, the Florida Supreme Court struck down parts of the congressional map on July 9 remanding it back to the state legislature because the eight seats, four from each party, did not comply with partisan and communication restrictions that pertain to an enacted 2010 redistricting voter initiative.

Why did the meltdown occur, and what happens now? In short, politics is the basic reason, thereby yielding a situation where both Republicans and Democrats will be making subsequent moves.

The session deteriorated for several reasons other than failing to agree upon new congressional district boundaries. At the top of the list looms a redistricting session expected to begin in October to reconfigure the state Senate.

Though the high court did not invalidate the Senate map, it was obvious such would soon be the case. Therefore, the legislative leaders went ahead and voluntarily scheduled a re-draw. Understanding this caveat, it is not surprising that internal state Senate political considerations would trump the legislature complying with their requirement to change the affected congressional districts. When personal career choices conflict with congressional politics in the halls of a legislature, the former will take precedence every time.

Secondly, the Hillsborough County legislators strenuously objected to their domain being segmented into four different sections under the proposed plan. The large Tampa Bay area delegation proved to have enough strength to help force the stalemate.

Additionally, court politics proved a significant factor in failing to reach an accord. While Republicans are in solid control of the state legislature (Senate: 26R-14D; House: 81R-39D), the Democrats have the majority on the seven-member state Supreme Court.

In Florida, judges have service limits and, before his second term ends, Gov. Rick Scott (R) will be able to change the court’s complexion. Obviously, the Democrats want to maintain their advantage. They also want to make substantial gains during the state Senate redistricting session, optimizing their check in that the state Supreme Court will approve all boundary changes. Therefore, prospective court appointments became political footballs during the special session.

Two options are now on the table to complete the congressional re-drawing process. First, Gov. Scott could call the legislature back into session in order to avoid ceding the redistricting pen wholly to the state Supreme Court. If so, the process begins again. Not doing so means the map would simply revert to the state high court, thus empowering the Justices themselves to draw the new plan.

Considering the partisan composition of the court, Republicans will want to avoid the court option. Yet, if the handling of this original special session is any indication of what may happen in the future, failing again to complete the task is certainly possible should the legislature return. Legislative bodies relinquishing power to the courts over tough political decisions is something that happens all too often, so the Florida Supreme Court eventually determining the fate of the Sunshine State congressmen may well be an eventuality.

The Kentucky Caucus

The Republican Party of Kentucky, at its state convention over the weekend, voted to change their 2016 presidential primary system to a caucus. This will allow favorite son Sen. Rand Paul to compete in the presidential event while continuing to appear on the ballot for his re-election. Over 75% of the voting members supported the caucus motion.

Sen. Paul had asked for the change and agreed to guarantee the $500,000 necessary to finance the caucus procedure. The state party must receive $250,000 by Sept. 18 in order to move forward with the caucus logistics. Each participating candidate will be charged $15,000. If the funds are secured, the caucus will be held March 5. If not, the procedure reverts to a May primary.

First Florida Map

Aug. 10, 2015 — Prior to the opening of the special state legislative session convened to re-draw the Florida congressional map, Sunshine State legislative leaders released their initial plan late last week. It is likely that his map will not pass in its current form, but it does provide a good starting point.

The plan radically changes four districts and makes several more competitive, but allows the GOP a chance at maintaining its 17-10 delegation majority.

Three districts are designed to change hands. What the state Supreme Court isolated as the focal point for declaring eight of the 27 districts as legally non-conforming, Tampa Bay’s District 13 — Rep. David Jolly (R) — would become decidedly more Democratic according to the 2012 presidential election result. The addition of St. Petersburg to this seat, as directed by the court, represents a Democratic voter increase of 9.2 percent based upon the previous configuration. With incumbent Jolly now in the Senate race, FL-13 becomes a prime conversion opportunity for Democrats most likely in the person of former Gov. Charlie Crist.

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Senate No-Go’s in Florida;
A California Democrat Fights Back

Aug. 3, 2015 — Three House members who had been very public about considering US Senate bids in their respective states, yesterday announced their decisions not to pursue a statewide campaign.

In what is becoming the most unpredictable of all Senate races, another surprise occurred in Florida. Rep. Jeff Miller (R-Pensacola), who had been hiring staff, beginning to raise money, and even assembling an initial campaign schedule suddenly reversed course and will not join the growing field of Republican candidates.

Gainesville Rep. Ted Yoho (R), potentially a victim of the mid-decade, court-ordered congressional redistricting process, also reached the same conclusion about his own prospective Senate campaign. So did California Rep. Xavier Becerra (D-Los Angeles).

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The Florida Jumble

July 27, 2015 — The Florida Supreme Court’s order of a partial re-draw of eight congressional districts has turned the Sunshine State’s politics upside down. With one House member already jumping to the Senate race because he will get an unfavorable draw in his Pinellas County district, another representative may be looking to soon follow suit.

Last week, it was reported that freshman Rep. Gwen Graham (D-Tallahassee) is confirming that she, too, is considering entering the open Senate campaign.

In its decision, the state Supreme Court took the highly unusual action of actually stating how the 5th District — that of Jacksonville Rep. Corinne Brown (D) — should be drawn. Currently, the controversial district encompasses a portion of Duval County (Jacksonville), travels southwest to annex part of Gainesville, and then meanders further south to capture African-American precincts in the city of Sanford before moving into Orlando. The configuration has withstood several challenges under the Voting Rights Act over the past two decades, which is why it remains, but the state high court ruled two weeks ago that it did not meet the proper redistricting criteria under the 2010 voter-passed initiative.
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Crist for Congress?

July 14, 2015 — The Florida Supreme Court barely had time to announce their decision declaring eight of the state’s congressional districts illegal before the political musical chairs began vibrating.

On Thursday, the high court declared that Rep. David Jolly’s (R) Pinellas County seat, among others, is in violation of the state’s 2010 voter-passed redistricting initiative, which put limits on partisan map drawing. Former governor, Charlie Crist, a Pinellas County resident who has either lost races or was headed for defeat in both the Republican and Democratic parties, and even as an Independent, is reportedly considering running for Congress should the Tampa Bay re-draw favor the Dems. Rep. Kathy Castor’s (D-Tampa) 14th District, that encompasses the cities of Tampa and St. Petersburg, was also invalidated.

The court returned the map to the legislature with orders to re-construct eight districts from around the state, four Republican-held seats and four Democratic. The number of additional tangentially affected districts could mean that virtually the entire state will be redrawn within the next 100 days. Since the map is headed back to the legislature, majority Republicans will again have the redistricting pen, but the new final product must be submitted to the judiciary for approval. The new plan will take effect for the 2016 elections.
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Florida Supreme Court: CDs Unconstitutional

July 13, 2015 — Issuing a long-awaited decision late last week, the Florida State Supreme Court on a 5-2 vote, featuring a lengthy and powerful dissent from Associate Justice and former Congressman Charles Canady (R), declared eight congressional districts illegal under the Florida Constitution in reference to the voter-passed redistricting initiative. The 2010 citizen sponsored measure put partisan restrictions on legislative map drawers, and it is under these provisions that the court took its action.

For the short-term, it means that representatives Corrine Brown (D-FL-5), David Jolly (R-FL-13), Kathy Castor (D-FL-14), Ted Deutch (D-FL-21), Lois Frankel (D-FL-22), Mario Diaz-Balart (R-FL-25), Carlos Curbelo (R-FL-26), and Ileana Ros-Lehtinen (R-FL-27) will soon have their districts reconstructed and before the 2016 election.

The ruling will force the legislature to convene in special session to redraw significant portions of the map. Though the court singled out these eight districts, the entire state map could conceivably be affected. Certainly the districts that lie adjacent to the seats in question stand a good chance of changing, particularly in the urban areas where multiple districts converge at a single point like in Orlando. By definition, if one district is altered, at least one other bordering seat must also change.
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SCOTUS: Arizona Ruling Upholds Initiative

July 1, 2015 — The US Supreme Court released their long-awaited ruling on the Arizona redistricting case on Tuesday. In a common 5-4 decision, the high court allowed the Arizona Independent Redistricting Commission (AIRC) to stand and, as a result, similar commissions in other multi-district states (California, New Jersey, Washington) have affirmed legitimacy. The practical result is that congressional districts in these aforementioned places will stay intact for the remainder of the decade.

Justice Ruth Bader Ginsburg wrote for the majority. Her final two sections illuminate the crux of the ruling (see below), that the initiative process allowing the voters to decide legislative issues is the major tenet of this case and not just the Arizona redistricting circumstance.

The Arizona Legislature brought the suit, and the SCOTUS decision affirmed that the body had legal standing to bring such action. Their argument was that the US Constitution gave exclusive power to the state legislature to redistrict post reapportionment.
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Redistricting Moves Far From Over

June 15, 2015 — It’s very possible that a large number of the nation’s congressional districts will be re-drawn before the next census; the key unanswered question is, will most of it happen before the next regular vote, or will the district line adjustment process be pushed forward to the 2018 election cycle?

The US Supreme Court has been active in cases involving the Voting Rights Act (VRA) and methodology used to draw congressional districts. They first struck down a key VRA section in the Shelby County (AL) case that virtually eliminated the pre-clearance requirement associated with Voting Rights Act, Section V. This took a great deal of redistricting power away from the federal government (Department of Justice) and strengthened the states.

Awaiting a decision to be released before the end of the month is the Arizona congressional commission case. In this instance, Grand Canyon State Republicans filed suit against the voter-created special redistricting commission that has power to create state legislative and congressional districts. The Arizona Republicans are challenging the legitimacy of the commission itself, arguing that the US Constitution gives power to redistrict the House of Representatives only to the state legislatures.

Legal experts suggest the Arizona Republicans have a 50/50 chance of prevailing, and most agree the final vote will be 5-4, one way or the other.
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Democrats Cheer Virginia Redistricting Decision; VA-3 to be Redrawn

June 10, 2015 — Last October, an Eastern District of Virginia special three-judge panel declared VA District 3 (Rep. Bobby Scott, D-Richmond/ Norfolk) unconstitutional. According to the ruling, the draw packed African Americans, thereby diluting the black community’s influence in other districts even though the map was constructed to the dictates of the Voting Rights Act and previous court decisions.

The Republican appeal went to the US Supreme Court, which in turn sent the congressional plan back to the court of origination in order to determine the next course of action. The Supreme Court is using an Alabama state legislative case to chart new ground in relation to minority district redistricting and appears to be returning maps from cases before them back to the lower courts with instructions to add specifics.

The federal Virginia panel took action late last Friday and sent the map to the legislature with instructions to re-draw the 3rd District. As is the case with all redistricting, changes to one CD will affect at least two and possibly several districts. Most likely, Rep. Randy Forbes (R) will find his 4th District significantly changed, much to his chagrin.
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