Category Archives: Redistricting

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.

Redistricting Update

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

CONNECTICUT (current delegation: 5D) – The members of the bi-partisan special legislative committee charged with drawing the new legislative and congressional maps have informed Gov. Dan Malloy (D) that a new committee will have to be authorized. The 30-day work period originally assigned the current panel will expire this Thursday. Once re-appointed, the eight member committee comprised of four Democrats and four Republicans will name a ninth member in order to break any tie that is likely to occur. Gov. Malloy is expected to grant the committee’s request for re-appointment and extension.

OHIO (current delegation: 13R-5D; loses two seats) – The House-passed congressional map is likely to gain state Senate approval this week and then move on to Gov. John Kasich (R) for his signature. Democrats have already pledged to attempt to qualify a citizens referendum to overturn the plan, but history tells us that the chance of successfully implementing such a maneuver is highly doubtful.

The Ohio map appears to be one of the better plans, from their perspective, drawn by a Republican-controlled entity. Pairing the Democrats against each other and adding a new Democratic open seat in Columbus to protect their two area marginal seats proves that they are drawing with a decade-long strategy in mind. The map is designed to deliver a 12R-4D party division. Here’s a look at how things are shaping up in some districts:

• District 3 (Open Seat) – The new 3rd District encompasses most of the city of Columbus and may prove to be the signature district of this map. It is unusual that Republican map drawers would create a new seat and make it Democratic, but that’s exactly what they did … and, it makes sense. Because Reps. Pat Tiberi (R-OH-12) and Steve Stivers (D-OH-15) have increasingly marginal districts (in fact, the Stivers’ seat was held by former Rep. Mary Jo Kilroy (D) for one term), putting a new Democratic seat in a city that houses both a state capital and major university is a smart play. Instead of risking a Republican seat every two years, the plan makes the two aforementioned GOP seats safe for the decade.

• District 8 (House Speaker John Boehner-R) – in what comes as no surprise to anyone, Mr. Boehner gets a safe Cincinnati-area suburban seat similar to the one he currently represents.

• District 9 (Reps. Marcy Kaptur-D and Dennis Kucinich-D) – since Ohio is losing two seats in reapportionment, it is unavoidable that at least four members will battle for two districts. One of the pairings is new District 9, that stretches from Cleveland to Toledo in a long narrow draw that hugs the Lake Erie shoreline. Kucinich, who was looking to run for re-election in either Washington or Hawaii because he said he would not run against a fellow incumbent, will again seek election in Ohio and challenge a colleague.

• District 11 (Rep. Marcia Fudge-D) – it is likely that Ms. Fudge will be the only incumbent Democrat that gets an easy ride to re-election. Comprised of the downtown regions in both Cleveland and Akron, Fudge could conceivably be primaried by Rep. Sutton who currently represents the Akron portion of the district, but such a scenario is unlikely. The 11th will prove to be a safe African-American Democratic seat for Ms. Fudge.

TEXAS (current delegation: 23R-9D; gains four seats) – As expected by many, the US Justice Department, while pre-clearing the recently enacted state Senate and Board of Education maps, has so far failed to approve the congressional and state House plans. DoJ is requesting more information about both maps, but it appears the congressional plan, as submitted, has major legal issues. It is unlikely that the map presented will actually take effect as drawn. The legal proceedings in San Antonio continue as well. Look for more definitive action here as the year draws to a close.

Turner Win Endangers Upstate NY Democrats

Representative-elect Bob Turner’s (R-NY-9) special election victory in Anthony Weiner’s vacated Queens/Brooklyn congressional district carries greater ramifications for the New York Democratic Party than merely losing a seat that was theirs for the taking. With the Empire State losing two districts in reapportionment, the Turner victory will now likely put at least one upstate Democrat on the political hot seat.

In New York, as in most other states, redistricting is handled through the normal state legislative process. Democrats control two of the three levers of political power here: the Governor’s office and the state Assembly. Republicans have a small majority in the state Senate. This gives both parties a seat at the redistricting table and will send the map to court unless the political leaders can reach a compromise.

Since losing representation is nothing new for this delegation, the traditional method of deciding which seats to collapse is to divide them evenly between the two political parties. Such will likely be the 2012 outcome, too, even though the Democrats have a 21-8 majority in the current NY congressional lineup.

Typically those in power collapse the least senior members’ seats. It is clear that the Democrats will want to collapse Turner’s 9th District, because it is fertile territory that can be used to shore up their other districts. All 29 seats are under-populated, hence the reason the state is dropping two more seats. Thus, if Mr. Turner, the newest freshman, is to see his 9th CD divided among the others in the city, the map drawers will then be looking upstate to collapse a Democratic district. Before, it was assumed that the Democratic loss would come in the city and an upstate Republican would likely be drawn out. Because of Turner’s surprise victory this past Tuesday, it is likely that the tables have turned.

If you look at the population numbers for each of New York’s 29 seats, the district needing the greatest influx of people is that of 82-year-old congressional veteran Louise Slaughter (D). Her 28th District is 105,869 individuals under zero-deviation quota. The district boundaries stretch from Niagara Falls to Rochester and many people believe its configuration resembles a set of headphones. The adjacent district, Rep. Brian Higgins’ (D) 27th District, which encompasses Buffalo and travels southwest along the Lake Erie coastline to the Pennsylvania border, needs an additional 88,436 people and is the state’s second-most under-populated seat. Clearly, the simple mathematics suggests that a pairing of these two sparse seats is a distinct possibility.

Keeping within the practice of “last in; first out,” then freshman Rep. Kathy Hochul (D-NY-26) could also become a target. Ms. Hochul won a special election earlier this year after Rep. Christopher Lee (R) resigned. Her seat stretches between Buffalo and Rochester but contains no portion of either city. It is always easier to collapse a district that lies in the middle of a region rather than one in a corner, and the 26th certainly fits this criteria.

A more intriguing option for the Democrats, however, might be to sacrifice Rep. Bill Owens in the 23rd District. In what should still be a Republican seat, the GOP badly bungled the 2010 special election and the succeeding general vote to elect the novice Democratic politician. Since the 23rd is high on the national GOP’s conversion target list, collapsing this particular seat would almost serve the same purpose as taking another Republican district away. The worst case Democratic scenario would be to sacrifice another member and then lose the Owens seat, too. Giving up the 23rd might mitigate their losses and become the safe play.

Other elimination possibilities are the districts of Reps. Maurice Hinchey (D-NY-22) and Nita Lowey (D-NY-18). Both are down approximately 40,000 in population, and each member is over 70 years of age and has considered retirement possibilities. If either of the two decides not to seek re-election, then the choice of which district to collapse becomes easy.

Expect New York to be one of the last states to finish its redistricting process, meaning it will end well into next year. At that time we will finally learn who wins and loses the game of political “Russian Roulette.”

Redistricting Update

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

FLORIDA (current delegation 19R-6D; gains two seats): The redistricting initiative that Florida voters adopted in 2010 survived its first legal challenge. The measure requires more compact districts, which limits the number of times county lines can be broken. Reps. Corrine Brown (D-FL-3) and Mario Diaz-Balart (R-FL-21) filed a federal lawsuit seeking to overturn the initiative, largely because they believe the measure conflicts with the Voting Rights Act. Rep. Brown’s 3rd district, which encompasses parts of Jacksonville, Gainesville, and Orlando, would be radically reconstructed if the new criteria is allowed to take effect. A federal judge formally rejected their case at the end of last week. Brown and Diaz-Balart say they will appeal the ruling.

GEORGIA (current delegation: 8R-5D; gains one seat): Gov. Nathan Deal (R) signed the congressional redistricting plan that the legislature sent him at the end of last week. The map must now obtain federal Voting Rights Act approval.

IDAHO (current delegation: 2R): The Idaho Redistricting Commission failed to produce a congressional map by the appointed deadline. By state law, the Idaho Supreme Court now steps in to direct the process. The high court could send the process back to the Commission, telling the bi-partisan members to continue working in order to fulfill their responsibility, or draw the new map itself.

NEW MEXICO (current delegation: 2D-1R): Gov. Susana Martinez (R) called the legislature back into special session to complete the redistricting process along with several other issues. The session is expected to last at least two weeks. The Democratic legislature and Republican governor must agree upon a three-district congressional map. Should they fail to do so, a common occurrence in situations featuring split-control state government, the courts will take over the process.

OHIO (current delegation: 13R-5D; loses two seats): Hard speculation is now coming from Columbus as congressional members of both parties are beginning to receive information about the Republican majority map strategy. There is no question that Rep. Dennis Kucinich (D-OH-10) will be one of the members paired under the eventual new plan. It now looks as if Rep. Marcy Kaptur (D-OH-9), in her Toledo-anchored seat, will be placed in the same district as Cleveland’s Kucinich. Such a draw would allow Rep. Marcia Fudge (D-OH-11) to command the Cleveland city district.

The rumor that the Republicans would build a new Democratic seat in Columbus so that Reps. Pat Tiberi (R-OH-12) and Steve Stivers (R-OH-15) will obtain safe districts instead of the more marginal seats they currently represent, appears to have legs. In exchange for this seat, Democratic Reps. Betty Sutton (D-OH-13) and Tim Ryan (D-OH-17) reportedly will be paired into one district.

Since the state is losing two seats, a pair of GOP incumbents will also be placed in one district. The latest speculation now surrounds Reps. Mike Turner (R-OH-3) and Steve Austria (R-OH-7) having to square off for one western Ohio congressional seat.

PENNSYLVANIA (current delegation: 12R-7D; loses one seat): The Pennsylvania Republican majority is about ready to unveil their congressional maps. Reports suggest that the delegation’s odd-man-out, since the state loses one seat, will be Rep. Mark Critz (D-PA-12). Among Reps. Jason Altmire (D-PA-4), Critz, and Mike Doyle (D-PA-14), expect to see two of these three placed in one district. Altmire and Critz are the two most likely to be paired since Doyle represents the Pittsburgh city seat, which will certainly be present in some configuration. The latest speculation suggests that Altmire will be in the more favorable position to win a Democratic primary for paired district than Critz.

TEXAS (current delegation: 23R-9D; gains four seats): The redistricting trial is underway in San Antonio. More than a dozen lawsuits were filed against the new congressional map that was enacted into law in late June, and all of the cases have been consolidated into one hearing process. The trial is expected to last until Sept. 16. A final ruling is not expected until the end of the year. The minority composition of Districts 20 (Rep. Charlie Gonzalez-D) and 35 (Rep. Lloyd Doggett-D) is the focal point of the cases.

VIRGINIA: (current delegation: 8R-3D): Efforts to craft a compromise congressional map between the Democratic state Senate and Republican House of Delegates may have reached their final impasse. No further action will occur until after the November legislative elections. The map will either be drawn by the new legislature after it convenes in January, or by the courts. Republicans hope to sustain the 8R-3D status quo. Democrats are trying to get a more favorable draw that may bring them closer to the 6D-5R split that they enjoyed during the last congressional session.

Redistricting at the Halfway Point

Now that we’ve reached the half-way point in the redistricting cycle, we re-cap the completed states from a partisan perspective. Action occurred in three states during the past week: Georgia, Utah and Washington.

GEORGIA (current delegation: 8R-5D; gains one seat): The Georgia congressional map has passed both houses of the legislature, and is headed to Gov. Nathan Deal (R) who is expected to sign the legislation into law.

UTAH (current delegation: 2R-1D; gains one seat): Gov. Gary Herbert (R) has officially called the legislature into special session beginning October 3rd to complete the redistricting process. The session could last as few as five days.

WASHINGTON (current delegation: 5D-4R; gains one seat): The Washington State Redistricting Commission will release proposed congressional and legislative maps Sept. 13. The four-member commission is comprised of two Democrats and two Republicans. Three of the four members must agree on the proposed plans by Jan. 1, 2012 and submit them to the legislature. Both houses then must approve the maps by majority vote on or before Feb. 10. Amendments are possible but can only be adopted by 2/3 vote of each legislative chamber. If the commission fails to produce a map, or the measure stalls in the legislature, the Washington Supreme Court takes over the process.

Congressional Redistricting Now Completed
Arkansas        Louisiana     Oregon
California      Michigan      West Virginia
Illinois            Missouri       Wisconsin
Indiana           Nebraska
Iowa                Oklahoma

Completed Plans Awaiting Justice Department/DC Circuit Court Action
Alabama
North Carolina
South Carolina
Texas

Completed Plans Awaiting Governor’s Signature
Georgia

Court Maps to be Drawn
Colorado
Minnesota
Nevada

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Incumbents Facing Challenges in 2012 – Part II

In concluding our two-part series about House members who will face serious 2012 re-election challenges, below we list 22 more competitive incumbents from states where redistricting has been completed or which is pending but clear.

IN-8 – Larry Bucshon (R) – In attempting to gain a 7R-2D advantage for the delegation, the 8th district of freshman Rep. Bucshon was weakened, from the Republican perspective. Expect competition here, but the new incumbent remains the favorite.

IA-3 – Leonard Boswell (D) / Tom Latham (R) – In the only intra-party pairing of the new election cycle so far, veteran Reps. Boswell and Latham square-off in a marginal district. Mr. Boswell represents more of the new district, but the voting patterns tilt a touch toward Mr. Latham. This race begins as a pure toss-up.

IA-4 – Steve King (R) – The new western-based 4th district is mostly comprised of Rep. King’s current 5th district and part of Mr. Latham’s old 4th. Christie Vilsack (D), wife of former Gov. Tom Vilsack who serves as President Obama’s Agriculture Secretary, already has announced her intention to challenge Rep. King. This will be a competitive race because of Vilsack’s fundraising capability. However, King begins with the decided advantage.

LA-3 – Jeff Landry (R) / Charles Boustany (R) – Louisiana’s loss of a congressional seat pits freshman Rep. Jeff Landry against veteran Charles Boustany in a Republican primary battle. The winner retains the seat. Boustany is the early favorite.

MI-9 – Sander Levin (D) / Gary Peters (D) – Michigan’s loss of a district pairs 15-term Rep. Levin against two-term Rep. Peters. Levin, who will be 80 at the time of the next election, is a retirement possibility. Peters has also tested the waters to run for Oakland County Executive. The winner of this primary battle, should it occur, holds the seat.

MO-2 – Russ Carnahan (D) – The loss of a seat in Missouri has forced Rep. Carnahan either to challenge Rep. Lacy Clay in the 1st district Democratic primary or try to survive in the neighboring Republican 2nd district seat, in open status because Rep. Todd Akin is running for the Senate. Carnahan is competitive here, but will be the underdog.

NH-2 – Charlie Bass (R) – The 2nd district is now more like Vermont than New Hampshire in terms of voting patterns. This means the seat is decidedly Democratic. Rep. Bass regained the position he lost in 2006, but by just one percentage point over Democratic lobbyist Anne McLane Kuster. Redistricting must move only 254 people between the two districts, so Bass’s hopes for a more Republican seat are gone. This is a prime Democratic conversion opportunity.

NY-25 – Ann Marie Buerkle (R) – Though redistricting won’t be completed well into next year, we can count on a competitive race in this Syracuse-based district. Chances are the city will remain intact, meaning it will anchor a seat in the Upstate region. Former Rep. Dan Maffei (D), the man Ms. Buerkle unseated in 2010, has already announced his intention to run again next year.

NC-3 – Rep. Walter Jones (R) – Though Rep. Jones has a safe Republican seat in which to run for re-election, the district has vast new territory for him. Already, retired New Bern Police Chief Frank Palumbo (R) has announced a GOP primary challenge to Mr. Jones. Others could follow suit.

NC-4 – David Price (D) / Brad Miller (D) – The Republican redistricting plan placed two Democratic incumbents in a seat that now stretches from Raleigh to Fayetteville. This will be a difficult primary as each man represents about one-third of this new district. The winner retains the seat for the Democrats.

NC-7 – Mike McIntyre (D) – Redistricting also threw Rep. McIntyre into a difficult district. This will be a top Republican conversion target. Both 2010 GOP nominee Ilario Pantano and state Sen. David Rouzer (R) have announced their intentions to run.

NC-8 – Larry Kissell (D) – Rep. Kissell loses a great number of Democratic votes in this new redistricting plan, making him a tempting GOP target. Three local officials, including one who isn’t from the district, have announced for the seat. Expect more candidates to soon enter the fray.

NC-11 – Heath Shuler (D) – Rep. Shuler may have received the most difficult draw of all, as he now represents the most Republican congressional district in North Carolina. Local District Attorney Jeff Hunt and several local officials already are officially running.

OR-4 – Peter DeFazio (D) – The seat became a touch more Republican in redistricting and Rep. DeFazio raised eyebrows with his comment earlier this week that he is thinking about retirement. Could be competitive in an open situation. Republican Art Robinson, who received 44% of the vote against DeFazio in 2010, is running again.

RI-1 – David Cicilline (D) – Negative stories about Rep. Cicilline’s financial management of Providence when he was mayor has made the freshman congressman potentially vulnerable. Two strong Republican candidates, including 2010 nominee John Loughlin and former state police chief Brendan Doherty, are running. Chances appear high that Cicilline could draw Democratic primary opposition, too.

TN-3 – Charles Fleischmann (R) – Though redistricting is not yet finalized in Tennessee, freshman Rep. Fleischmann in the Chattanooga-based seat will likely face primary opposition. Robin Smith, the local county Republican Party chair who lost to Fleischmann by less than 1,500 votes in 2010, is considering a re-match.

TN-4 – Scott DesJarlais (R) – Mr. DesJarlais, who unseated then-Rep. Lincoln Davis (D) by more than 30,000 votes last November, could see a GOP primary challenge from state Sen. Bill Ketron (R). Sen. Ketron is on the legislative committee in charge of redistricting, which presumably allows him to draw the 4th district to his liking.

TN-8 – Stephen Fincher (R) – Though redistricting is not completed, the 8th district, by virtue of its geographic location in the northwest corner of the state, will likely be competitive in 2012. Mr. Fincher is the first modern-day Republican congressman from this region.

TX-35 – Lloyd Doggett (D) – If the Texas map survives its legal challenges, Rep. Doggett will face a stiff Democratic primary battle in the new 35th District that includes parts of Austin and San Antonio. Already, state Rep. Juan Castro (D), twin brother to San Antonio Mayor Julian Castro (D), has announced he will challenge Doggett.

UT-2 – Jim Matheson (D) – Redistricting will likely put Rep. Matheson in another strongly Republican seat. He already represents the most Republican district held by a Democratic member. Matheson is also a potential statewide candidate. The Republicans will win the seat if he vacates.

WV-1 – David McKinley (R) – Redistricting kept the 1st district largely intact, which is a seat Mr. McKinley can hold, despite it being in Democratic hands for generations before 2010. Ex-Rep. Alan Mollohan, who was defeated in the Democratic primary after 14 terms in office, is a possible candidate in 2012. The Democrats will field a strong challenger here, and this race will be competitive.

WI-7 – Sean Duffy (R) – Mr. Duffy won a seat that was in former Rep. David Obey’s (D) hands for more than 40 years. The district gained Republicans in the re-draw, but Rep. Duffy can expect a stiff re-election challenge from a strong Democrat.

In these two reports (go to our Part I report) we already have isolated 44 incumbents who will face a competitive re-election challenge in either the primary or the general election. Keep in mind that no less than 13 major states still have not completed their redistricting, including Florida, New York, Pennsylvania, and Ohio. Add in at least 26 more open seats and it is conceivable that as many as 90-100 House seats could be contested as the 2012 election hits its stride.
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Conflicting Data in Nevada’s 2nd District Special Election

Two surveys covering the Sept. 13 special election in Nevada’s 2nd congressional district were just released, producing very different results. Magellan Strategies, polling for Americans for Prosperity, went into the field Aug. 15-16 (656 registered NV-2 voters via automated phone calls) and found Republican Mark Amodei to be leading Democrat Kate Marshall by a hefty 48-35 percent margin. Two days later, Public Policy Polling began testing 600 NV-2 voters, also with automated calls (Aug. 18-21), and found Amodei’s advantage to be only 43-42 percent.

One reason for the large swing is the make-up of the two polling samples. Magellan’s consisted of 48 percent registered Republicans, 38 percent Democrats, and 14 percent Independents. PPP’s included 41 percent Republican, 37 percent Democrat, and 22 percent Independent respondents. According to the latest registered voter statistics (July 2011), NV-2 Republican registration is 43.1 percent; Democrats post 35.4 percent; and Independents (American Independents, Greens, Libertarians, Non-Partisan, and Other are the choices in Nevada) capture 21.5 percent of the district’s voters. Therefore, the PPP sample draw is the more accurate of the two, though they slightly discounted the Republican number. Magellan has the right number of Democrats, but their Republican composition is seven points high while the Independent is seven points low. Notice that the two polls differ by about those same margins. Magellan’s results are five points higher for the Republican candidate and seven points lower for the Democrat than PPP’s.

Though the 2nd District, which touches all 17 of Nevada’s counties but has its population anchor in Reno and Carson City, was originally drawn as a Republican seat in the 2001 redistricting plan, it has strayed much closer to the Democrats as the decade progressed. In 2004, then-President George W. Bush scored a 57 percent victory here over John Kerry. Four years later, Barack Obama and John McCain fought to a 49 percent draw. On the congressional front, in the open seat race of 2006 when Dean Heller (R) defeated Jill Derby (D), the GOP scored a 50-45 percent win. Two years later the same candidates finished 52-41 percent in favor of incumbent Heller. In the 2010 Republican landslide election, without strong opposition, Rep. Heller’s re-election margin was 63-33 percent.

Expect the current special election to be close. Both candidates are now airing television ads and neither are timid about going negative. The National Republican Congressional Committee has already dropped approximately $400,000 into the race, but the Democratic Congressional Campaign Committee has yet to counter. Outside organizations for both sides are also expected to participate. In a special election, turnout is everything and the Democrats, as proven in the 2010 Senate campaign that re-elected Majority Leader Harry Reid 50-45% when polling was suggesting a different result, seem to have the superior ground apparatus.

The PPP data released the results of their long questionnaire and that produced interesting results too, mostly favoring the Republicans. Though Amodei’s favorability ratio is only 43:42 percent positive to negative, Marshall’s is 43:47 percent. President Obama’s job approval score is a weak 41:55 percent, and Reid’s is even worse at 39:56 percent. On the other hand, Republican Gov. Brian Sandoval posts a strong 55:32 percent score.

Testing former NV-2 Rep. Heller, who is now the state’s interim Senator running for a full term against Las Vegas Rep. Shelley Berkley (D-NV-1), his job approval number as a statewide federal official is 48:41 percent favorable to unfavorable, and he would defeat Berkley 52-40 percent in the current 2nd District if the US Senate vote were today.

The NV-2 special election is now kicking into high gear, and these combined polling results suggest a tough road for both candidates down the closing stretch. Waiting in the wings is Sharron Angle, the 2010 Republican Senatorial nominee who will enter the regular election in the new 2nd District, no matter what the final result of this campaign. Therefore, the new incumbent will face plenty of competition next year. The new 2nd District redistricting draw is expected to be very different from present. The Las Vegas portion of the district will no longer be included, as the new seat will be concentrated in Nevada’s northern sector. This plays right into Angle’s hands, so this current race merely begins what will likely be more than a year of steady political activity.
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