Category Archives: Redistricting

Weekly Redistricting Roundup

Significant redistricting action occurred in the following seven states during the past week: Alabama, Arizona, Colorado, Kentucky, Massachusetts, Minnesota and Texas.

ALABAMA (current delegation: 6R-1D) – The Department of Justice officially granted pre-clearance for the Alabama congressional map, making the enacted map a virtual lock to survive all future legal challenges. The plan protects all seven incumbents and should return the 6R-1D delegation split for the ensuing decade.

ARIZONA (current delegation: 5R-3D; gains one seat) – The Arizona state Supreme Court overturned Arizona Independent Redistricting Chair Colleen Mathis’ (I) impeachment, thus reinstating her as a member of the panel. This likely means that the Commission will now be able to pass a new congressional map into law. The draft map has now exceeded the required time limit for public comment and is ready for passage. The panel has indicated that some changes will be made based upon input received. Mathis says the Commission will complete its work before Christmas. The map features four Republican districts, two Democratic, and three swing seats that will likely trend toward the Democrats as the decade progresses. For her part, Gov. Jan Brewer (R) who led Mathis’ impeachment drive, indicated she may again pursue an effort to remove her.

COLORADO (current delegation: 4R-3D) – The Republicans decided to appeal the lower court action that constructed the new congressional districts. Under the plan, Rep. Mike Coffman (R-CO-6) is endangered and Rep. Scott Tipton (R-CO-3) continues to hold a very marginal seat. The state Supreme Court will hear the appeal and have scheduled the first week of December for oral arguments.

KENTUCKY (current delegation: 4R-2D) – Now that the odd-numbered year elections are over, the Kentucky legislature released draft congressional maps. The congressional delegation itself proposed a map and state Assembly Speaker Greg Stumbo (D) also put forth his plan. Both are similar, particularly in the way they protect the 4R-2D current footprint. The Democrats control the governor’s office and the state Assembly. Republicans have a strong majority in the Senate. The deal appears to give all four GOP members safe seats but also shores up Rep. Ben Chandler (D-KY-6) who had a close call in the 2010 election, winning by just 515 votes. The incumbent protection plan is expected to pass into law.

MASSACHUSETTS (current delegation: 10D; loses one seat) – After a slight delay due to a legislative procedural maneuver, the state Senate passed the House version of the new nine-district congressional map. Gov. Deval Patrick (D) signed the plan into law yesterday. The map should elect nine Democrats in succeeding elections. With Rep. John Olver (D-MA-1) retiring, his 1st District was collapsed into the Springfield seat of Rep. Richard Neal (D-MA-2), making one large western Mass district. Freshman Rep. Bill Keating (D-MA-10) will run in the new 9th District despite his home city of Quincy being placed in Rep. Stephen Lynch’s (D-MA-9) new 8th District.

MINNESOTA (current delegation: 4R-4D) – Late last week, the political parties filed their proposed congressional maps with the special judicial panel hearing the redistricting lawsuit. The legislature passed a map, but Gov. Mark Dayton (D) vetoed the plan. Therefore, the court must draw a de novo map. For their part, the Republicans filed the eight-district bill that passed the legislature. The Democrats submitted their own map, but the plan was so partisan that even two of their own congressional members, Reps. Betty McCollum (D-MN-4) and Collin Peterson (D-MN-7), both decried it saying their Democratic Party leaders went too far. The Dem plan pairs Rep. Michele Bachmann (R-MN-6) with McCollum in a new Democratic 4th District that is only two points below the present MN-4 partisan number. Bachmann, should she choose to seek re-election to the House, could move to a nearby more Republican seat, so it is unlikely that the pairing will ever occur. McCollum’s chief of staff was quoted as saying, “The DFL Chair and his high-paid lawyers have proposed a congressional map to the redistricting panel that is hyper-partisan and bizarre.” Peterson stated his belief that both party’s maps are too partisan. The court is taking input from all sides and will put forth its own plan at a later date.

TEXAS (current delegation: 23R-9D; gains four seats) – The three-judge panel drawing the new Texas maps released the state House and Senate maps, meaning the congressional plans will soon be made public, probably right before Thanksgiving or the Monday after the holiday. The panel favored the Democratic versions of the submitted legislative plans, and much the same is expected for the congressional plan. The enacted US House plan would likely have elected 26 Republicans and 10 Democrats. The court plan will likely be closer to a 22- or 23-R, 14- or 13-D map.

State-by-State House Race Review

With several more states completing their redistricting maps, it is again a good time to take an updated look at the competitive campaigns where district boundaries have been adopted. The first 12 states are covered below. The remaining dozen will be in Wednesday’s report. If the Texas court map is released this week, that analysis will be included, too.

As of now, the aggregate partisan swing pertaining to the states that have completed their maps is negligible. The remaining 14 multi-district states where the process has either not begun or isn’t complete, as well as the new Texas map, could favor the Democrats by the tune of 10 to 12 seats.

Alabama

All incumbents received winnable districts. Rep. Mike Rogers’ (R-AL-3) district was greatly improved from his perspective. The Alabama map still awaits Justice Department pre-clearance. Assuming it is granted, no partisan change is expected here.

Arkansas

The new lines most greatly affect the 1st and 4th districts. Freshman GOP Rep. Rick Crawford faces a difficult test in the new 1st District, which was made more Democratic. The retirement of Rep. Mike Ross (D-AR-4) makes the new 4th CD highly competitive in an open seat situation and is a GOP conversion opportunity. The swing will fall between R+1 and D+1.

California

The California Independent Redistricting Commission created a highly competitive map that could produce contested campaigns in as many as 23 of the 53 districts. The change in the state’s election law also adds a new twist to California campaigns. Now, the top two finishers in the June qualifying election advance to the November general regardless of party affiliation.

Among incumbents, Rep. David Dreier (R-CA-26) whose home was placed in new District 32, faces the most difficult re-election situation. He won’t run in CA-32 against Rep. Grace Napolitano (D) because the seat so heavily favors the Democrats. He could run in District 31, assuming Rep. Jerry Lewis (R) does not seek re-election there, or District 26 if Rep. Elton Gallegly (R) decides to challenge Rep. Buck McKeon (R) in the new 25th District. Neither scenario is positive for Dreier.

Several members are paired. The most notable are Reps. Howard Berman (D) and Brad Sherman (D) in the new Los Angeles County 30th District, and Reps. Ed Royce (R) and Gary Miller (R) in the new 39th District (Orange County). Should Gallegly and McKeon square-off in the new 25th, then another incumbent pairing will result.

With members still deciding where, or if, to run in 2012, the California situation is still unclear. It appears the statewide swing can go all the way from +3 Democrat to +3 Republican. After only seeing one incumbent of either party lose during the entire last decade, the new congressional redistricting map will make the Golden State one of the more hotly contested states in the country.

Colorado

The new court-produced map changes the competition factor. The plan makes the 4th District of freshman Rep. Cory Gardner (R) more Republican, but endangers sophomore Rep. Mike Coffman (R-CO-6). The western slope 3rd District remains in the swing category. The partisan swing could go from even to D+2.

Georgia

The state gained one seat in reapportionment, and Republicans adding that seat to their column is a certainty. Rep. John Barrow (D-GA-12) will face a more competitive re-election contest, but the large African-American percentage is his greatest asset and may be enough to save him. The swing could go from R+1 to R+2. Rep. Paul Broun (R-GA-10) was given a relatively safe Republican seat, but a much different one than his current district. A primary challenge here is a possibility. Like Alabama, Georgia awaits Department of Justice pre-clearance.

Idaho

The redistricting commission made only cosmetic changes in the state’s two congressional districts. Both Republican incumbents have winnable districts.

Illinois

This is the Democrats’ best state. The partisan swing could be as many as a D+4. Reps. Bob Dold (R-IL-10), Judy Biggert (R-IL-13), and Bobby Schilling (R-IL-17) all have difficult re-election challenges. Reps. Joe Walsh (R-IL-8) and Randy Hultgren (R-IL-14) are paired in the new 14th CD. Reps. Adam Kinzinger (R-IL-11) and Don Manzullo (R-IL-16) are paired in the new 16th.

Indiana

Republicans drew the Hooiser State map and are attempting to increase their 6-3 delegation advantage to 7-2. They might be successful, since 2nd District Rep. Joe Donnelly (D) decided to forego re-election in a more difficult seat and is running for the Senate. Though the 2nd District is more Republican, it is still competitive as President Obama scored 49 percent even within the new boundaries. By making IN-2 more Republican, the 8th District of freshman Rep. Larry Bucshon (R) becomes more competitive. The map improved, from a Republican perspective, freshman Rep. Todd Young’s (R) 9th District. The swing could go from R+1 to D+1.

Iowa

The new four-district map largely displaces all five current House incumbents. The loss of a seat in reapportionment causes the pairing of Reps. Leonard Boswell (D-IA-3) and Tom Latham (R-IA-4) in the very different and marginal new 3rd District. This race will be a toss-up all the way to Election Day. The new western Iowa 4th District is also competitive. Rep. Steve King (R) faces Christie Vilsack (D), the wife of former governor and current US Agriculture Secretary Tom Vilsack. The swing could go from R+1 to D+1.

Louisiana

Reapportionment costs the state one district and even though Republicans control the entire process, they will lose a seat. The new map pairs veteran Rep. Charles Boustany (R-LA-7) and freshman Jeff Landry (R-LA-3) in the new 3rd District. Boustany is favored. All of the other incumbents should be safe. With the GOP taking the reapportionment hit, the partisan swing becomes D+1 by default.

Maine

Another two-district state where little change will occur. After an attempt to make the 1st District more Republican, the final plan protects the state’s two Democrats, Reps. Chellie Pingree (D-ME-1) and Mike Michaud (D-ME-2). No change is expected here.

Maryland

The Democrats, in full control of the redistricting process, made the Republicans pay. The resulting plan will very likely increase their 6D-2R delegation split to 7D-1R. Rep. Roscoe Bartlett’s (R) 6th District goes from 57 percent McCain, based upon the 2008 presidential contest, to 62 percent Obama, thus becoming a likely Democratic conversion district. All other incumbents, including freshman GOP Rep. Andy Harris (R-MD-1), get safe seats. The partisan swing is D+1.

More state reports on Wednesday …

Arizona Redistricting Court Ruling

The Arizona Supreme Court late yesterday overturned the previous action that impeached the state’s Independent Redistricting Commission chair, thus reinstating Colleen Mathis as a member of the IRC. The state Senate and Gov. Jan Brewer (R) removed Mathis from office for “dereliction of duty,” but the high court said such petition did not legally demonstrate the charge.

The draft congressional map has now been before the public for the required 30 days, and many boundary changes have been suggested. Now that Mathis is back on the commission, the necessary three votes to pass a map, probably an amended one, will likely be attained. The original map is politically competitive but could elect five Democrats to four Republicans over the course of the decade. The current delegation stands at five Republicans and three Democrats. Arizona gains one seat in reapportionment. The proposed map features four solid Republican districts, two Democrat districts, and three competitive seats – all of which will likely trend away from the Republicans over time.

Weekly Redistricting Outlook

Significant redistricting action occurred in the following six states during the past week: Arizona, Colorado, Nevada, Ohio, South Carolina, and Virginia.

ARIZONA (current delegation: 5R-3D; gains one seat) – The Arizona state Supreme Court failed to grant impeached Independent Redistricting Commission (IRC) chair Colleen Mathis (I) a stay over the state Senate and governor’s decision to remove her from office. The Court has agreed to hear Mathis’ motion to overturn her removal, but the judicial body won’t allow her to return to the Commission before the case is heard. Thus, the Arizona congressional map is on hold for an indefinite period of time.

Mathis supporters and the Democratic Party were hoping the high court would reinstate her so the Commission would have time to pass the map that had been previously laid out for comment. The public is allowed 30 days to express opinion after which changes can be made. That period ended just days after Mathis was removed, thus denying the panel a clear majority to enact the plan. Over the course of time, the Mathis map would likely produce a 5D-4R Democratic majority in the Arizona delegation.

Should she lose her legal maneuvering, the process to fill the Mathis vacancy would begin anew as a different chairman would be chosen as defined through the procedures governing commission membership. By law, the IRC must have two Democrats, two Republicans, and an Independent who becomes the chairman.

COLORADO (current delegation: 4R-3D) – The state court drawing the de novo map released its plan and basically adopted the Democratic outline. This is not a surprise, as the Colorado courts have repeatedly favored the Democrats in previous decades. The most endangered member of the delegation now appears to be sophomore Rep. Mike Coffman (R-CO-6), as his Arapahoe County-based district now wraps around into Adams County, northeast of Denver, and adds a much higher number of Democrats to what was his safe Republican seat. The 6th District goes from 46 percent Obama in the 2008 presidential contest to 54 percent Obama, suggesting that the district will become highly competitive in the 2012 election and likely beyond.

The big winner for the GOP is freshman Rep. Cory Gardner in the 4th District. Formerly a safe Republican seat, the 4th went Democratic for one term prior to Gardner’s victory in 2010. His eastern Colorado seat goes from 49 percent Obama to 42 percent Obama, representing a substantial jump in Republican voters.

The other districts remain in about the same partisan ratio as they were during the previous decade. This means the 3rd District of freshman Republican Rep. Scott Tipton remains as a swing seat. CD-4 changes from 47 percent Obama to 48 percent. The map, which is unlikely to be challenged, will create an even more competitive plan than in the past decade.

The state court was forced to draw the map because the legislature deadlocked over the congressional plan during the regular session.

NEVADA (current delegation: 2R-1D; gains one seat) – It appears the Republicans will not challenge the lower court-drawn congressional map. Petitioning the state Supreme Court would be the next step in the process. It is unlikely the high court would overturn what the lower court devised, so such action is futile, Republican leaders apparently believe. The court created a 1D, 1R map with two seats rated as competitive.

OHIO (current delegation: 13R-5D; loses two seats) – Republicans are still trying to put a two-thirds coalition together in both houses of their legislature to pass a modified congressional map. At this writing, the chances of forming such a consensus appear slim. Failure to pass a new map means reverting to the previous enacted plan over which Democrats are currently gathering petition signatures to force a ballot referendum. If successful, the map will go to the voters in the general election of 2012, meaning a court will draw an interim 16-seat Ohio map for the current election cycle.

SOUTH CAROLINA (current delegation: 5R-1D; gains one seat) – A new Voting Rights lawsuit was filed against the state’s recently enacted congressional map that should return six Republicans and one Democrat to Washington. The lawsuit, brought by a group of African-American voters, claims that too many black voters were packed into Rep. Jim Clyburn’s (D) 6th District. Because the US Justice Department has already granted pre-clearance to the South Carolina congressional plan, any lawsuit charging illegalities over minority representation is unlikely to succeed.

VIRGINIA (current delegation: 8R-3D) – As expected, now that Republicans will assume control of the state Senate, the new leadership announced they will wait until the next legislative session, when they are officially in control, to move a congressional map. Expect the 8R-3D ratio to be strengthened and remain locked for the ensuing decade. The new session begins in January.

New Interest in the Old Dominion

Yesterday Louisa County, Virginia election officials were finalizing a canvas of that county’s votes in a pivotal state Senate race to determine partisan control of the upper house of the Virginia General Assembly. At the time, the current count showed GOP candidate Bryce Reeves holding a 224-vote lead over incumbent Sen. Edd Houck (D-Spotsylvania). On election night it appeared that Reeves held a slimmer 86-vote margin until an error was found in Culpeper County’s reporting of the results in the north-central Virginia Senate district. However, not long ago, Sen. Houck conceded defeat, which effectively ends Democratic control in Richmond.

According to a post on his Facebook page, Houck wrote that “… following a conference call with my legal team and campaign advisors, I determined that I must concede this election. I do so knowing that ‘I have fought the good fight, I have finished the race, I have kept the faith.'”

That concession allows Reeves to become the 20th GOP senator, which creates a partisan deadlock in the Old Dominion’s 40-member chamber – a tie would be broken by the body’s presiding officer, Lt. Gov. Bill Bolling (R), who has already said that the GOP would take control of important committee chairmanships and assignments in the body.

One of the most important of those assignments is the chairmanship of the Privileges and Elections Committee. That individual will be responsible for drawing the Commonwealth’s new congressional redistricting plan. The GOP currently controls eight of the 11 congressional districts, but wants to improve the partisan make-up of some of the more marginal GOP seats and might find a way to make life even more difficult for Democratic Rep. Gerry Connolly in the 11th District. Connolly barely survived a spirited challenge from GOP activist Keith Fimian in 2010. The 11th District is considered one of the more marginal districts from a partisan standpoint, and may be too tempting for the GOP majority in Richmond to ignore.

An alternative move may simply be to shore up Connolly and concede a seat to him. This would allow the GOP map drawers to create district switches where Democratic votes are moved into Connolly’s seat in order to put more Republican voters in marginal GOP seats. This strategy would allow the Republican leadership to move in a direction that locks in the 8-3 majority for the next decade.

It’s this type of decision that normally faces majorities of both parties when they construct new districts. In places like Indiana, for example, Republican leaders decided to forsake a secure 6R-3D map in exchange for a plan that could yield seven Republicans and only two Democrats. This type of approach maximizes partisan return in a good year for the majority party, but can falter when political fortunes turn sour. A map with a smaller, but more secure, delegation majority will likely hold up for the decade irrespective of political trends.

Weekly Redistricting Outlook

Significant redistricting action occurred in the following four states during the past week:

ARIZONA (current delegation: 5R-3D; gains one seat) – Redistricting chaos has broken out. (Read more background in our Nov. 2 post.) Gov. Jan Brewer (R) and the Republican state Senate last week impeached Independent Redistricting Commission chair Colleen Mathis, as they have the power to do under the voter initiative that created the special panel in 2000. The commission is comprised of two Republicans, two Democrats, and one Independent, the latter of whom automatically becomes chairman. Ms. Mathis, the Independent, was impeached by two-thirds of the state Senate, which Gov. Brewer approved. Officially, the impeachment related to the way in which Mathis discharged her duties as commission chair but, in reality, it was because she basically became the commission’s third Democratic member, siding with the Ds on all key votes. She helped draft a map that will likely lead to a Democratic majority within the state’s nine-member federal delegation at some point during the decade.

The Democrats argued that the map would elect four Republicans, two Democrats, which would leave three seats as competitive in districts that either party could win. Considering demographic growth patterns in Arizona, the three toss-up seats would likely trend Democratic if not in 2012, then in later elections. GOP freshmen Reps. Paul Gosar (R-AZ-1) and David Schweikert (R-AZ-5), in particular, received unfavorable draws and would have difficult paths to re-election.

After the impeachment, Mathis filed suit with the state Supreme Court to overturn the removal action. The high court has agreed to hear the case. Their first ruling will likely come next week, when they decide whether or not to stay the impeachment pending the judicial review. Invoking a stay would be interesting, since such a move would basically restore Mathis to her role as chairman, at least for the short term. That might be enough time, however, to actually adopt the draft map. The initiative law mandated that any draft map must be opened to a public comment period for 30 days, a period that has now expired. Actually adopting the congressional map will give the plan a greater legal standing, since an eventual lawsuit against whatever becomes final is inevitable.

MASSACHUSETTS (current delegation 10D; loses one seat) – The proposed Massachusetts congressional map was released yesterday and, to no one’s surprise since 1st District Rep. John Olver (D) has already announced his retirement, the 1st and 2nd Districts, the two western-most seats in the Bay State, were combined into a new 1st District. All nine Democrats seeking re-election should have no trouble, as most of the new map is similar to the current plan, sans western Mass. The new 7th District (formerly the 8th) of Rep. Michael Capuano (D) loses the city of Cambridge, long the district’s population anchor dating back to the days when John Kennedy and Tip O’Neill represented the seat, while annexing several minority communities. Rep. Barney Frank’s (D) 4th District loses the cities of New Bedford and Fall River to Rep. Bill Keating’s new 9th District, thus making the former’s seat a bit more Republican as he some GOP-leaning suburbs were then added. This map, or a version close to it, will be enacted and all incumbents should remain in what will likely be a 9D-0R delegation for the decade.

NORTH CAROLINA (current delegation: 7D-6R) – The North Carolina congressional map approved by the state legislature earlier in the year received pre-clearance from the U.S. Justice Department. It is clearly the Republicans’ best map in the country. Immediately, several lawsuits, including one from a group of plaintiffs led by former Rep. Bob Etheridge (D-NC-2), were filed. Having pre-clearance from the Obama Administration clearly gives the state a strong argument to win these court challenges. It is likely that the pre-cleared map will eventually become final, meaning that 2012 elections will be conducted within the boundaries of this plan. Heavily endangered are Democratic incumbents Mike McIntyre (D-NC-7), Larry Kissell (D-NC-8), and Heath Shuler (D-NC-11). Reps. David Price (D-NC-4) and Brad Miller (D-NC-13) are paired in a new District 4 that stretches from Raleigh to Fayetteville. Republicans could gain as many a four seats in the Tar Heel State, neutralizing similar losses from the Democratic map in Illinois.

OHIO (current delegation: 13R-5D: loses two seats) – The GOP plan to redraw the congressional districts in order to attract enough African-American Democratic support in the state House of Representatives to pass the map via a two-thirds vote has failed. Though the state has enacted a map, Democrats won a court ruling that gives them the ability to place the measure before the 2012 general election voters via referendum. Had the GOP garnered a two-thirds vote in both houses, a referendum would not have been a legal option. The mark was attained in the state Senate but fell a few votes short in the House.

In a ruling against the Democrats, the court did not extend the signature gathering period to qualify the referendum. The party had asked for the longer period because the regular referendum qualifying period is already half over. Even with the shortened time frame, the Democrats should be able to qualify the measure for a vote.

If they are successful, then an interim map will have to be used for 2012. Ohio loses two seats, so a new 16-district map must be in place for the upcoming elections. The enacted map would likely elect 12 Republicans and four Democrats. It is likely that a court-drawn map would not reflect as favorable a Republican split, though the GOP will ask the eventual court of jurisdiction to install the official plan as the interim map.

Ohio is a critically important redistricting state, especially for the Republicans, so the eventual outcome here will greatly affect the national political picture.

Arizona Redistricting Explodes

The Arizona state Senate, acting in a special session that Gov. Jan Brewer (R) called earlier in the day, impeached Independent Redistricting Commission (IRC) chair Colleen Mathis, throwing the state’s redistricting process into chaos.

The GOP had long been upset with Mathis, the Independent member among the five commissioners. By law, the IRC is comprised of two Republicans, two Democrats, and the one Independent. Ms. Mathis initially raised the GOP’s ire when she sided with the Democratic members in choosing the Commission legal counsel and special master map drawers, both over intense Republican objections. The GOP leaders uniformly believed that those chosen for these two most important administrative positions were highly partisan Democratic activists.

The timing of the impeachment action will likely prevent the remaining IRC members from approving the draft congressional map. The Commission could not vote on a final map until the public had 30 days to make comments once the draft plan was released into the public domain.  That period ends tomorrow, but without Mathis they don’t have the necessary three votes for passage.

Republicans were unhappy with the congressional draw, a plan that would likely give the Democrats a 5-4 delegation majority over the course of the decade. The current split is 5-3 Republican. The state gains one seat in reapportionment.

Democrats countered that the map actually creates four Republican seats while only two are safely in their party’s column. The other three seats are marginal, competitive for either party to claim, they said. The state’s demographic trends, however, and the way in which this map was constructed would likely trend Democratic, if not in the 2012 election, then certainly in subsequent votes.

Previously, Attorney General Tom Horne (R) had filed suit against the Commission, claiming the panel had violated the state’s open meetings law. Late last week, the judge hearing the litigation removed Horne as the lead plaintiff ruling that the Attorney General’s office had advised the IRC about complying with that very set of laws. The Maricopa County Attorney replaced Horne as lead plaintiff, so the lawsuit continues.

Gov. Brewer took the bold action yesterday morning, by summoning the legislature into special session. Under the initiative passed by voters in 2000 creating the Commission, the governor and state Senate has the power to impeach and remove any IRC member for failure to properly perform their duties. The action requires two-thirds of the 30-member Senate to vote in favor of such a legislative maneuver. Republicans control the chamber 21-9, one more than needed so long as virtually very GOP Senator supported the motion to impeach.

For a time, however, it looked like the governor’s move would fail. State Sen. Frank Antenori (R) seemed to have enough votes to stop the impeachment under the reasoning that he believed the people, and not the Senate and governor, should have the power to disband the IRC in a vote during the current election cycle. He claimed to have four other senators following his lead. Things between Antenori and the governor got ugly before the vote was called. The senator was quoted as saying, “I’m not going to let this freaking governor push me around. This is pure, stupid, stubborn Jan Brewer,” he told a liberal blog reporter. But, in the end, Brewer carried the day as Antenori and the entire Republican caucus voted in favor of impeachment, and the motion carried 21-6 with three Democratic members not voting.

Democrats are countering, threatening recall petitions against certain GOP senators, while Mathis and the Democratic Commissioners are filing their own lawsuits against Brewer and the Republicans.

With the process collapsing to this degree, it appears that Arizona congressional redistricting will be on hold for the foreseeable future. It is difficult to predict the final outcome here, but it does appear that the draft Commission map will never again see the light of day. Beyond that, it’s anyone’s guess as to what happens next.

Massachusetts Rep. Olver Announces Retirement

The Massachusetts redistricting situation just became clearer yesterday as 75-year-old, 11-term Rep. John Olver (D-MA-1) announced that he will not seek re-election next year. Because the state grew at only a 3.1 percent rate during the past 10 years, far below the national rate of growth rate of 9.7 percent, Massachusetts loses a seat in reapportionment. With 10 Democrats in the delegation, it was clear that an intra-party pairing would have to occur in a new nine-district map unless one member vacated his seat.

Rep. Olver’s western-most 1st district had been talked about as the top prospect for collapsing. His retirement had been rumored for months, though the congressman publicly stated on numerous occasions that he would run again.

MA-1 needs to gain the most number of people in the state, (82,558 individuals), though all 10 districts are under-populated. Now, without an incumbent, it is clear that this is the territory that will be melded into another district.

The Olver decision solves a major problem for the rest of the delegation. Originally, when Rep. Mike Capuano (D-MA-8) was looking to challenge Sen. Scott Brown (R), it was assumed that his Boston-Cambridge seat would be eliminated. There were also discussions about pairing freshman Rep. Bill Keating (D-MA-10) with one of the Boston-area members. But now, all will survive because the lost seat will be Mr. Olver’s. The congressman becomes the 22nd member to make public his intention to leave the House at the end of the current Congress, and the eighth to retire from politics. The other 14 are seeking higher office.

Weekly Redistricting Roundup

Redistricting action occurred in the following six states during the past week:

MAINE (current delegation: 2D) – Gov. Paul LePage (R) signed the compromise congressional map that makes only minimal changes in the existing plan. The city of Waterville switches to the 1st District from the 2nd, and other cosmetic changes comprise the recorded alterations. Even though Republicans control the entire legislative process, redistricting legislation requires a two-thirds vote of both chambers. Therefore, the “no-change compromise” map was adopted to avoid a protracted court battle. Democrats will retain both seats.

MARYLAND (current delegation: 6D-2R) – As we move closer to seeing a map proposal coming from the Democratically controlled legislature, rumors continue to fly. Last week, it appeared that the Dem leaders were going to carve up Rep. Roscoe Bartlett’s (R) 6th District but allow the GOP 1st District to stand. Now, it seems an effort is being made to draw an 8D-0R map, which means breaking up both Republican seats into multiple parts. Though the Eastern Shore would reportedly remain intact in CD 1, more Democratic Western Shore areas in and around the Annapolis area will be added. The proposed plan will soon be made public. Democrats control the entire process, so it is likely they will try for the 8-0 sweep.

NEW YORK (current delegation: 21D-8R; loses two seats) – Gov. Andrew Cuomo (D) has repeatedly said he would only sign a redistricting plan that was developed by an independent commission that he wanted the legislature to create. Now, he is sending signals that he would be open to a bi-partisan legislative compromise. He made statements to the media this week that he feels a court-drawn map would not be in the common interest of the New York citizenry. Expect the New York map to be one of the last enacted plans.

OHIO (current delegation: 13R-5D; loses two seats) – Gov. John Kasich (R) signed the legislation creating the new congressional redistricting plan. The map is designed to elect 12 Republicans and four Democrats, creating a new Columbus D seat and pairing the remaining minority party members together. Republicans Mike Turner (R-OH-3) and Steve Austria (R-OH-7) are also paired in the new 10th District. Ohio is now the 20th state to enact its congressional redistricting plan.

Fifteen maps are now law, with five more still before the Justice Department awaiting preclearance. Another four states await court action as their legislative process resulted in deadlock. The five remaining independent commissions will likely complete their combined work by early next year at the latest. So will at least two other states. This leaves a dozen late primary states to complete their processes next year. Congressional redistricting must occur in the 43 states that have more than one seat in the House of Representatives.

TEXAS (current delegation: 23R-9D; gains four seats) – As predicted by many, the new Texas congressional and state House maps will not likely pass the legal test. The San Antonio court hearing the consolidated lawsuits just indicated that it will draw an interim map while the legal process continues. This means a different map than enacted will now almost assuredly be inserted for the 2012 elections. The court has asked all parties to make their submissions for a replacement map by October 17th. The 2012 candidate filing period for the March primary begins on Nov. 17, so a new 36-district plan must be in place by at least that time. The Republican-enacted map appears to be a 26R-10D map.

Expect the court to draw a plan more favorable to the Democrats. Texas by-passed the Department of Justice and filed their preclearance submission with the District of Columbia Federal District Court. Since no decision has yet been rendered, the entire map can be re-drawn by the court of jurisdiction and not just the legally affected regions. Lawsuits were originally filed on minority group issues in and around the San Antonio-Austin area.

UTAH (current delegation: 2R-1D; gains one seat) – The appointed redistricting committee passed a plan to be considered in the special legislative beginning this week in Salt Lake City. The committee developed a map that could easily give the GOP a 4-0 sweep of the next delegation, a group that reapportionment increases by one member from its current three-seat configuration. Apparently Gov. Gary Herbert (R) is not particularly receptive to this plan, however, as he has made public statements reiterating his desire for a “fair” plan. Most interpret his statements to mean that he does not consider the legislative starting point to be acceptable.

His motives may not be purely altruistic, however. Without a district in which to run, Rep. Jim Matheson (D-UT-2), a long-time proven vote-getter in an overwhelmingly Republican congressional district during the last decade, would then be free to run statewide. The congressman says he will be on the 2012 ballot, but he has yet to decide for which office. He has not ruled out a run against Herbert or opposing Sen. Orrin Hatch (R). In reacting to the new map, Matheson was quoted as saying he could run in the new 2nd District or even in the new 4th CD, which is designed to occupy part of the Salt Lake City region in the center of the state. The Utah plan, with its many political sub-plots, continues to be one of the more interesting situations to observe. Expect the process to culminate within the next two weeks.

Redistricting Update

Redistricting action occurred in the following nine states during the past week:

ARIZONA (current delegation: 5R-3D; gains one seat) – The members of the Arizona Independent Redistricting Commission say they expect to release congressional and legislative maps within the “next couple of weeks.” Once in the general domain, a series of public comment hearings over a 30-day period will then ensue, after which a final vote will be taken.

ILLINOIS (current delegation: 11R-7D; loses one seat) – Reps. Jesse Jackson Jr. (D-IL-2) and Bobby Rush (D-IL-1) appear to be dissatisfied with the congressional Democratic plan. Both are indicating that they may file a joint Voting Rights lawsuit against the plan, which would be a major occurrence since it is virtually unheard of for party members to attempt to legally overturn a map their own partisan colleagues promoted. Mr. Jackson may receive a primary challenge from former Rep. Debbie Halvorson (D-IL-11) because some of her previous district is now in the new 2nd CD.

MAINE (current delegation: 2D) – The Maine legislative special session, called for the purpose of redistricting the state’s political districts, begins today. Since all redistricting plans require a two-thirds vote in both legislative chambers, expect a status quo congressional map for their two districts. This is especially likely because only 4,335 people need to move from the 1st to the 2nd District to meet the 2011 population quota.

MARYLAND (current delegation: 6D-2R) – New information is beginning to come forth about the Democratic-controlled legislature’s congressional plan. It does appear that the Ds will attempt to gain one seat through the process. Originally, the Republican target was expected to be Eastern Shore freshman Rep. Andy Harris (R-MD-1), but the numbers now suggest that 10-term Rep. Roscoe Bartlett (R-MD-6), now 85 years old, is the real victim. Mr. Bartlett’s proposed 6th District is decidedly Democratic. Under the suggested plan, Gov. Martin O’Malley (D) received 56.9% of the vote in 2010 and President Obama claimed 63.1% two years earlier. Under the current lines, the 6th District voted for John McCain by a 58-40% margin, thus clearly showing how drastically the western region will change. Expect the Maryland plan to yield a new 7D-1R partisan division.

MISSOURI (current delegation: 6R-3D; loses one seat) – Plaintiffs being supported by the National Democratic Redistricting Trust, are suing to overturn the state’s new congressional map. They are pursuing grounds of compactness and partisan gerrymandering. This is a long shot case that will likely go nowhere. The Supreme Court has never declared any map a partisan gerrymander.

NEVADA (current delegation: 2R-1D; gains one seat) – The judge charged with drawing the de novo congressional map since the legislature and governor failed to enact a map before adjournment, stated that he wants to see a first draft from his appointed special master by Oct. 21 and is promising a final ruling on or before Nov. 15.

NEW MEXICO (current delegation: 2D-1R) – The Democratic legislature adjourned their special session without passing a congressional map, knowing that Gov. Susana Martinez (R) would veto any plan they might approve. They did send her plans for both houses of the legislature; maps she is pledging to veto. The congressional map now goes to court, where, as in Nevada, the judge must draw a de novo map.

OHIO (current delegation: 13R-5D; loses two seats) – Both houses of the Ohio legislature have passed the new congressional plan and sent it to Gov. John Kasich (R). The Democrats plan to mount an operation to overturn the map via ballot initiative. Gov. Kasich stated publicly that he will sign the plan into law.

UTAH (current delegation: 2R-1D; gains one seat) – The state legislature’s special redistricting committee has narrowed the congressional plan to six different versions. Their goal is to vote a final map out of committee by next Tuesday. The special legislative session called to consider the committee’s product will begin Oct. 4. The big question surrounds how the Republican legislators will treat Rep. Jim Matheson (D-UT-2). Will they draw him a safe Salt Lake City seat and go 3R-1D, or try for a 4R-0D sweep? Of the six maps under consideration, only one features the Salt Lake City configuration.