Category Archives: Redistricting

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.
Continue reading >

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.
Continue reading >

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.
Continue reading >

The Hidden Reason Why McCain is
Being Challenged in Arizona

May 28, 2015 — A surprising story broke in Arizona Tuesday. Rep. Ann Kirkpatrick (D-AZ-1) announced that she will forego her re-election bid and instead challenge Sen. John McCain (R) next year. The congresswoman was included on most “possible candidate” lists, but was not viewed as someone overtly planning to make the jump into the statewide contest. Her move, however, may be a precursor to another decision that will soon enter the public domain.

With McCain’s approval numbers dropping into the dangerously low category (36:51 percent favorable to unfavorable according to Public Policy Polling), Kirkpatrick’s move is not without political reason. The latest PPP survey (May 1-3; 600 registered Arizona voters) finds her trailing the senator only 36-42 percent, certainly suggesting that such a general election pairing would yield a competitive contest.

But, the driving force behind Kirkpatrick may not be McCain’s perceived vulnerability. Rather, since the US Supreme Court is poised to soon render a decision on the Arizona redistricting challenge, it may be this issue that is actually motivating Kirkpatrick to move forward.

The Arizona Republicans are challenging the state’s congressional map on the grounds that the US Constitution only gives federal redistricting power to state legislatures. Before the 2000 reapportionment, voters adopted a ballot proposition that created a redistricting commission empowered to draw congressional and state legislative lines. The crux of the suit argues that a citizens’ commission has no authority to draw congressional lines.
Continue reading >

Developments in MS-1 Special,
Illinois Senate, Virginia Redistricting

April 1, 2015 — Candidate filing closed this past Friday for the MS-1 special election, which Rep. Alan Nunnelee’s (R) death made necessary. Twelve Republicans and one Democrat will be on the May 12 Mississippi jungle primary ballot. With so many candidates qualifying, a June 2 run-off between the top two finishers is a virtual certainty, since it would be very difficult for any one contender to attract a majority of the vote.

One prominent name missing from the list is former Rep. Travis Childers (D), who won the last special election held here, and then claimed a full term later in 2008. He was unseated in 2010, and then lost to Sen. Thad Cochran (R) last November in a statewide general election contest. Though it is always possible lightning could have again struck for him in a special election, the chance of Childers holding this strongly Republican northern Mississippi district for a long duration is an unlikely one, at best. Hence, his decision not to run.

The lone Democrat running is former Jackson mayoral aide Walter Zinn. His prospects of qualifying for the run-off are somewhat realistic because the Republican vote will be split literally a dozen ways. His prospects are thin, however, to capture the seat in the run-off. Aside from being a prohibitive underdog against a Republican in a one-on-one battle, Zinn’s Jackson political base is not even in the 1st District.
Continue reading >

The Democrats Have Problems Beyond Redistricting

The Democratic federal elected officials are gathered in Baltimore right now, discussing the future of their party and ways to recapture much of the political territory they lost in the 2014 elections. A clear theme settling around their US House predicament is redistricting, and how the Republican-drawn boundaries, they say, in what are typically Democratic states have unfairly cost them large numbers of seats.

North Carolina Rep. David Price (D-NC-4) spoke at length about redistricting and how it affects the party. According to an article on Yahoo News, Price said, “Ohio, Michigan, Pennsylvania, North Carolina and Virginia display the most egregious examples of gerrymandered districts for congressional and state legislative races.” His solution is to continue the process Democrats are using in several states, which is to sue over the current congressional boundaries contending that the district boundaries are “racially biased”. Except for Virginia, where a court has already declared the map unconstitutional for this reason, it will likely be difficult to make such a case in places where the minority districts have actually been maximized.

The 2014 electoral statistics cast a different light on the situation, however. Let’s take the case of freshman Rep. Gwen Graham (D-FL-2). She won a Republican-leaning seat in what was the worst of years for Democratic congressional candidates. The fact that she Continue reading >

Two Florida Congressional Districts Ruled as Illegal

A north Florida circuit court judge who briefly came to fame during the George W. Bush/Al Gore 2000 post-election counting process, has declared Florida congressional districts 5 (Rep. Corrine Brown, D-Jacksonville) and 10 (Rep. Dan Webster, R-Orlando) illegal per the criteria adopted in the state’s 2010 redistricting ballot initiative. The Democratic legal challenge was launched soon after the lines were enacted in 2011, but technicalities pertaining to the plaintiff’s discovery motions here and in federal court delayed the process until now. Additionally, the US Supreme Court’s 2013 Shelby County decision changed the legal situation.

Democratic Judge Terry Lewis, who issued a pro-Bush presidential recount decision 14 years ago, ruled that the two districts fail the compactness criteria as outlined in the voter-passed proposition. Should the entire appellate process, including final review by the Florida State Supreme Court, uphold the Lewis decision districts 5 and 10 will be re-drawn. The tangential changes stemming from altering those boundaries could conceivably affect all of north and central Florida.

Judge Lewis ruled against the Democratic Continue reading >