Category Archives: Redistricting

Weekly Redistricting Update

Because most states have completed their redistricting laws and only two have major litigation currently occurring, the redistricting cycle is winding down. Only three states saw redistricting related action this week: Kansas, Maryland, and New Hampshire.

KANSAS (current delegation: 4R) – There is now a strong probability that the Republican-controlled legislature will not be able to produce a four-district congressional map. Major differences between moderate and conservative Republicans have broken down the process. The legislature now has recessed until the end of the month, and they still have not sent Gov. Sam Brownback (R) any version of a congressional map. A de novo court map is a realistic final solution.

MARYLAND (current delegation: 6D-2R) – In an 11th-hour move that won’t affect the 2012 elections, a group of Maryland Republicans have announced they are going to attempt to qualify a ballot referendum to nullify the congressional district plan. The group needs over 56,000 valid signatures by June 30 to qualify the measure for the November ballot. Even if they can secure the signatures, the effort appears doomed to defeat either at the hands of the voters or the legislature redrawing a map that the plaintiffs will likely find just as objectionable.

NEW HAMPSHIRE (current delegation: 2R) – The state Senate passed a two-district congressional plan that appears to be a compromise between GOP Reps. Frank Guinta (R-NH-1) and Charlie Bass (R-NH-2). Since both represent marginal districts, each wanted to increase their share of Republican voters, obviously a difficult task in a two-district state.

Weekly Redistricting Update

Now that almost all of the 43 multi-congressional district maps are legally in place, little is occurring on the redistricting front, meaning that the election year 2012 political playing field has basically been established. This notwithstanding, some action did occur in Florida, Kansas, Louisiana, New Hampshire and South Carolina.

FLORIDA (current delegation: 19R-6D; gains two seats) – The Florida Senate committee of jurisdiction passed a new state Senate map to replace the one the Florida Supreme Court recently struck down. Full Senate action is expected shortly. Expect the legal challenge to the congressional map to drag on until election timing forces a decision, a similar pattern to what has occurred in many other places. Regardless of how the lower courts rule, the congressional plan will eventually come before the Florida Supreme Court. The most difficult issue to resolve is whether the congressional map complies with the voter-enacted redistricting initiative and the measure’s inherent conflicts with the federal Voting Rights Act.

KANSAS (current delegation: 4R) – Looks like it’s back to the drawing board yet again. The state House, which previously approved the congressional map, now has voted it down, sending it back to committee for re-drawing. The state Senate and House are still miles apart on a four-district map, meaning the process could still find its way to court for a judicial draw. Kansas will likely be the last state to complete redistricting. The Sunflower State primary is Aug. 7.

LOUISIANA (current delegation: 6R-1D; loses one seat) – The US Supreme Court ruled that the state of Louisiana may not proceed with its reapportionment lawsuit this year. The state was arguing that the reapportionment formula should only be allowed to count legal residents. Louisiana lost one seat in 2010 reapportionment. The high court’s ruling means any eventual ruling on the merits of the state’s case will not affect the 2012 elections.

NEW HAMPSHIRE (current delegation: 2R) – The Granite State, with the easiest redistricting job in the country (the current lines are only 254 people out of balance) will soon pass a new congressional map, as its state legislative leaders indicated this past week. The final version will be a “least change” plan, since so little is required to bring the lines into reapportionment compliance. The approach is bad news for Rep. Charlie Bass (R-NH-2), whose western district is much more Democratic than its eastern counterpart. Bass is again being challenged by the woman he beat only 48-47 percent in 2010 – Ann McLane Kuster (D).

SOUTH CAROLINA (current delegation: 5R-1D; gains one seat) – After losing their legal challenge to the new South Carolina congressional map last week, the Democratic plaintiffs have decided to appeal the ruling to the United States Supreme Court. So far, the high court has postponed action on such lawsuits (e.g., the SCOTUS decision regarding the Louisiana and West Virginia lawsuits), thus keeping the legally processed maps intact for the current election cycle. It is reasonable to believe this appeal will be handled in a similar manner, and that the Palmetto State map will stand for at least the 2012 election.

New York, New York

Now that it is apparent that the three-judge panel’s congressional map for New York will in all likelihood be instituted for the 2012 congressional elections, action is happening in all four corners of the state.

First, Rep. Gary Ackerman (D-NY-5), after basically having the field cleared for him in the new 6th District, surprisingly announced last night that he will not seek re-election. Ackerman was first elected to the House in 1982 after serving one term in the NY Senate. He becomes the 42nd member not to be standing for re-election. One of those, Rep. Jean Schmidt (R-OH-2), was defeated in her primary. Including the Schmidt seat and the two vacant US House positions, those of former Rep. Gabrielle Giffords (D-AZ-8) and the late Rep. Donald Payne (D-NJ-10), the open seat count rises to 55.

The Ackerman retirement decision is a surprise for several reasons. First, it is incredulous that he waited until after redistricting was complete to make his intentions known when such knowledge would have made the legislators’ and court’s task easier in collapsing a seat, particularly since the Queens/Long Island area was targeted for district reduction. Second, GOP Rep. Bob Turner (R-NY-9) had already announced that he would launch a long-shot senatorial campaign rather than oppose Ackerman in the new, and highly Democratic, 6th District. Third, sate Assemblyman Rory Lancman (D), who had been planning to challenge Turner, said he would not run for Congress when the Republican and Ackerman were paired, and publicly endorsed his Democratic colleague for re-election. Now, with all of this breaking his way, Ackerman calls it quits.

But, it’s possible that Turner may soon be back. A very late entry into the Senate race, the congressman, like all of the other candidates, must garner 25 percent of the delegate vote at the New York state Republican Convention beginning today in Rochester. Attorney Wendy Long, who also is getting the Conservative Party ballot line, is estimated to be around the 23 percent mark; Nassau County Comptroller George Maragos appears to have more than 28 percent in delegate commitments. But, Turner, just entering the convention race, is barely over 8 percent, a long way from the minimum 25 percent needed for primary ballot placement. Should he not make the statewide ballot, Turner could pivot back into what is now, at least temporarily, an open 6th District seat.

In Rep. Peter King’s (R-NY-3) Nassau-Suffolk County seat, now labeled District 2 and much more Democratic than his current CD, opposition party leaders are attempting to recruit a strong candidate. Nassau County District Attorney Kathleen Rice appears to be the party’s first choice.

Upstate, the collapsing of retiring Rep. Maurice Hinchey’s (D) 22nd District has sent several candidates who were running for what they thought was an open seat scrambling to other districts.

Leslie Danks Burke, the Ithaca Town Democratic Party chair will now challenge freshman Rep. Tom Reed in the new 23rd District. The same is true for Tompkins County Legislator Nathan Shinagawa. The seat is more Democratic than Reed’s current 29th CD, but he begins the race as a strong favorite for re-election.

Democrat Wall Street attorney Sean Maloney, who was originally looking at challenging freshman Rep. Chris Gibson (R) in the Finger Lakes district will now run against freshman Nan Hayworth (R) in the Westchester County CD. For his part, Gibson will run in the new more Democratic 19th District. Matt Doheny, the 2010 nominee against Rep. Bill Owens (D-NY-23) will opt for a re-match in the new 21st District, which will be more to the Republican’s liking if he can get the incumbent into a one-on-one battle. In the Buffalo area, Rep. Kathy Hochul (D-NY-26), who was placed in a heavily Republican 27th District and speculation became rampant that she might challenge Rep. Brian Higgins (D-NY-27) in the new Buffalo center city district, says she will fight it out in the new 27th.

Expect much more to come next week when the GOP state convention ends and the Senate field of candidates is set.

Weekly Redistricting Roundup

Major redistricting action occurred in only two states during the past week, New York and South Carolina.

NEW YORK (current delegation: 21D-8R; loses two seats) – The three-judge panel that has assumed redistricting responsibility released the congressional map this past week, and unless the legislature takes quick action, the court plan could shortly be instituted. Candidate filing is scheduled for March 24, so every day that passes without a new legislative proposal, the more likely it becomes that the court map will stand.

The legislature, of course, is more concerned with its own plans, particularly that of the state Senate. The congressional map takes a back seat to the Senate and Assembly unless it becomes a bargaining chip in negotiations between the Democratic state Assembly and the Republican Senate.

The court plan makes sizable changes to the New York congressional map, not surprisingly since the state loses two seats in reapportionment. The casualties are, first, freshman Rep. Bob Turner (R-NY-9) whose district is split into seven parts. He will now face Rep. Gary Ackerman (D-NY-5) in the new 6th District, a seat where President Obama captured 63 percent of the vote. Turner represents 46.0 percent of the new CD and Ackerman only 37.7 percent, but the district is so overwhelmingly Democratic that Turner is certain to fall.

The collapsed upstate Democratic seat is that of retiring Rep. Maurice Hinchey (D-NY-22). This territory is spread among four new districts, with the largest share going to Republican Rep. Chris Gibson’s new 19th District. Equal parcels (about 23 percent apiece from the old 22nd) go to Reps. Nan Hayworth’s (R-NY-19) new 18th CD and Richard Hanna’s (R-NY-24) new 23rd District. The dispersing of the heavily Democratic territory to Republican districts clearly weakens each of those GOP districts.

The Long Island districts will see major change. Though the 1st District of Rep. Tim Bishop (D) remains virtually intact, 96.8 percent of the territory remains because he is surrounded by water on three sides, the political number actually gets one point more Republican. Remembering that Mr. Bishop survived in the nation’s closest race last election (593 votes against businessman Randy Altschuler who is running again in 2012), this one point adjustment could become significant.

But it’s the districts of Reps. Steve Israel (D-NY-2) and Peter King (D-NY-3) that are truly torn apart. First of all, the two will swap district numbers for the next decade, and King inherits 52.7 percent of Israel’s district. He keeps 47.3 percent of his own territory. The swap increases the Obama percentage by four points, and commensurately takes the McCain number down four. This will undoubtedly cause political problems for Mr. King. Though Mr. Israel only keeps 38.8 percent of his current territory, the new 3rd CD is highly Democratic, so the unfamiliar territory should not cause him much trouble.

Carolyn McCarthy’s 4th District sees a swing of six points toward the Republican side of the ledger, but she will still be in strong political position. Mr. Ackerman’s 5th District is split into five pieces, but he becomes the beneficiary of the pairing with Mr. Turner, as described above.

In the city, all incumbents should fare well. Upstate is a different story, though. Rep. Chris Gibson’s 20th District is changed greatly. He retains only 44.1% of his current district in new CD 19 and gains more than one-third of Hinchey’s Democratic seat. Gibson’s political number swings five points more Democratic, yielding to a 53 Obama percentage. Conversely, while Rep. Bill Owens’ (D-NY-23) new 21st District remains constant in terms of voting history, he adds 32.6 percent from Gibson’s current district in the Finger Lakes region. This addition will likely spell bad news for Owens and makes him highly vulnerable if the Republicans can ever coalesce around one candidate. A split vote between Republicans and Conservatives has led to Owens winning two terms.

The Buffalo area had to change greatly. It is this section of the state that experienced the greatest overall population loss. The big winner under this new draw is Rep. Brian Higgins (D-NY-27), whose new 26th District is a center city Buffalo seat. Democratic Rep. Kathy Hochul, on the other hand, is in deep trouble. Her already heavily Republican district becomes even more so under this plan, as the new 27th CD actually becomes the best John McCain district in the state (54-44 percent over President Obama).

Other freshman Republicans Tom Reed and Ann Marie Buerkle get altered territory as well. Reed only keeps 54 percent of his current district, and it becomes more Democratic (about five points more so), but he should hold the district. Buerkle keeps 79.6 percent of her Syracuse-anchored CD, but she will be highly vulnerable as former Rep. Dan Maffei (D) is gearing up another run against her. The new 24th holds its Obama rating of 56 percent.

All totaled, 19 current incumbents retain a majority of their current territory and 10 do not. Expect some highly competitive 2012 congressional campaigns. In a delegation split 21D-8R, it is clear the Democrats will retain a huge edge in the next New York congressional contingent, but the Republicans do have a fighting chance to hold eight seats of the new 27.

It remains to be seen if the map described above actually becomes the electoral footprint for this election and those to follow.

SOUTH CAROLINA (current delegation: 5R-1D; gains one seat) – The three-judge federal panel hearing what many believe is a frivolous lawsuit brought against the new seven-district plan ruled against the plaintiffs and for the state. The Democratic plaintiffs will now have to decide whether to appeal to the US Supreme Court. This ruling virtually clinches that the legally adopted map will be used for the upcoming election and almost assuredly stand for the entire decade. Expect the GOP to capture the new Myrtle Beach district and expand the delegation to 6R-1D.

Examining How Kaptur Crushed Kucinich in Ohio

Those who spent any time with Rep. Marcy Kaptur (D-OH-9) this winter knew that she was not looking forward to the month of March. The Toledo area congresswoman had been paired in the same district with Ohio Democratic colleague Rep. Dennis Kucinich (D-OH-10) by the newly minted GOP majority in the Buckeye State legislature as part of this year’s redistricting, and she was not looking forward to having to battle the combative Cleveland Democrat as prelude to defending her seat in November.

Dennis Kucinich has been a fixture and a colorful figure on the Cleveland political scene since the late 1960s. Some Clevelanders have had the chance to support Kucinich in campaigns for city council, mayor, Ohio secretary of state, governor, state senator, the U.S. Congress and the presidency in 2004 and 2008 during the course of a roller-coaster political career that has spanned 45 years.

For her part, Miss Kaptur’s political career, spent in the Toledo area, has been less colorful, but more careful than that of her Cleveland rival. First elected to Congress in 1982, Kaptur has steadily built support and seniority to become the longest-serving woman in the U.S. House of Representatives.

The 2010 Census made it clear that Ohio would lose two House seats to reapportionment. With Republicans gaining control of both Houses of the state legislature and the governor’s office that year, it was no surprise that Democrats in the Congressional delegation would be uneasy. The final redistricting plan to emerge from Columbus raised eyebrows this winter when two of the state’s most senior Democrats were both thrown into a battle for their political lives in the new Ninth CD.

Stretching all the way from Kaptur’s Toledo base in the west and hugging the Lake Erie shore all the way to Lorain and Kucinich’s Cleveland/Cuyahoga County political launching pad in the east, the district is the longest from end-to-end in Ohio. With more of Kaptur’s old district than Kucinich’s in the new CD, the voter history edge went to Kaptur in the early handicapping, but Kucinich supporters felt that as the more liberal of the two, he might have the edge with party activists and primary voters.

Kaptur, who hasn’t been seriously tested in some years in her heavily Democratic base, dusted off her campaign skills, showing remarkable energy in tirelessly reaching out to voters in the eastern reaches of the district where she was less well known. The final weeks the campaign took on a surreal atmosphere as Kucinich touted endorsements from country music icon Willie Nelson, Hustler magazine publisher Larry Flynt and Massachusetts Rep. Barney Frank, none of whom live in Ohio.

By contrast, Kaptur captured the endorsements of the Cleveland Plain Dealer and former GOP Cleveland mayor, Ohio governor and U.S. Sen. George Voinovich (R).

Adding to the campaign mayhem, Kaptur ran an ad in the Cleveland media market highlighting Kucinich’s musings about possibly moving to Washington state to run for Congress instead of Cleveland. Kaptur’s ad linked Kucinich to Cleveland Browns/Baltimore Ravens owner Art Modell and Cleveland Cavaliers/Miami Heat basketball superstar LeBron James as figures willing to turn their backs on Cleveland and Ohio by packing up and moving away.

While Tuesday night’s Romney-Santorum cliffhanger captured almost all the national media attention, Kaptur’s 56-40% drubbing of Kucinich may have the greater long-term consequences in Washington DC, if not Washington state. Late last week, the announcement that Rep. Norm Dicks (D-WA-6) would not seek re-election created a third Democratic-leaning open House seat in the Evergreen State. Dicks’ retirement also will make Kaptur the most senior Democrat on the House Appropriations Committee come January if she wins re-election in the new, heavily Democratic Ninth CD.

It would be highly unusual for any Democrat to mount a challenge to Kaptur for the top spot, but it is not unprecedented for members to challenge each other for choice slots on major committees. Kaptur, after all, is no favorite of Minority Leader Nancy Pelosi (D-CA). Pelosi lieutenant Rep. Nita Lowey (D-NY-18), for one, might be put up to such a run. A long-shot dream scenario for Pelosi might be for Minority Whip Steny Hoyer (D-MD-5) to give up his leadership post and reclaim his seniority on the Appropriations Committee, where he served before moving into the Capitol Building. Hoyer would then become chairman of the committee in the unlikely event the Democrats regained the House majority. That move would allow her to dispatch two rivals in one move, but such things are too much for even former Speakers to hope.

A more realistic view is that Kaptur will be the odds-on favorite to win the top Democratic spot on the Appropriations Committee when the next Congress convenes. She can look back and think that this whole chain of events all started with a momentous month of March.

Weekly Redistricting Update

Now that redistricting has been virtually completed in 37 of the 43 multi-congressional district states, the action tide has waned. However, during the past week significant action occurred in Florida, New York and Texas.

FLORIDA (current delegation: 19R-6D; gains two seats) – The Florida Supreme Court began hearing oral arguments on the congressional, state Senate and House redistricting plans. Their principal task is to determine if the maps are legally consistent with the Fair Districts initiative that voters passed in 2010. The US Justice Department will review the plans at the end of the state process in order to grant pre-clearance. The Florida legal questions are the most difficult in the nation because the Fair Districts law and the Voting Rights Act seem to conflict on certain fundamental points.

The Supreme Court must approve or disapprove the redistricting legislation by March 9. If they reject, Gov. Rick Scott (R) has five days to call the legislators into special session for purposes of reconciling the maps with the high court’s ruling. March 9 is adjournment day for the Florida legislature, hence the necessity for a special session if the legislature is required to act.

NEW YORK (current delegation: 21D-8R; loses two seats) – The newly assembled three-judge panel accepted public submission maps through last Friday. The legislature continues to move forward in the process, but has failed to even produce a draft congressional map. The new candidate filing deadline is March 24, since a federal court judge moved the New York primary to June 26 in order to comply with the federal MOVE Act. This law requires that overseas voters have a specified amount of notice prior to every election day, meaning that states with certain late September primaries, like New York, must change their schedule. Obviously, maps will have to be produced very soon in order to comply with the new electoral time frame.

TEXAS (current delegation: 23R-9D; gains four seats) – The San Antonio three-judge panel finally brought forth the congressional and legislative maps, issued a belated court order after their public release, and set the political calendar. But the process is still not quite over.

The three-judge panel ruled that the candidate filing deadline would be extended to March 9 and the state primary would be held May 29th, with the run-off election for candidates in races where no majority was achieved on July 31. The US Court of Appeals, DC Circuit, still has before it the original congressional and state legislative submission from the state of Texas. They are still expected to rule in the relatively near future. Any decision this court makes would trump the three-judge panel. It is also possible they could delay the ruling and allow the just-approved map to serve as interim lines for 2012.

Though the entire process is not completed yet, we are closer to having a map and election schedule for at least the 2012 campaign. If the San Antonio map does take effect, Republicans will clearly win the majority of Texas congressional seats, but just how large will be their margin?

Once the DC Court of Appeals takes action, the last piece of the Texas redistricting puzzle will finally be played. The odds seem strong, however, that the San Antonio panel’s draw will soon be formally installed as the map for at least the 2012 election.

Texas Redistricting Map Released

The three-judge federal panel in San Antonio yesterday released the latest version of the Texas congressional map, along with those for the state House and Senate. It is clear the panel adhered to the mandate the US Supreme Court delivered when the body rejected the original court map because the population was not equally dispersed among the 36 districts, and some of the minority districts did not meet previous federal directives.

The Texas Legislative Council released partisan numbers for the new seats, but not minority counts. Once the complete data is available, a full analysis can be provided.

At a cursory glance, it appears Republicans will fare much better with this map than under the previous court plan. Because the three-judge panel was forced to give deference to the legislatively passed map, the elected body’s original footprint has been restored.

The map appears to improve the seats of Reps. Joe Barton (R-TX-6) and Michael McCaul (R-TX-10), both of whom were given marginal districts in the first court plan. Freshman Rep. Quico Canseco (R-TX-23) will continue to battle in a marginal 50/50 district, but has a better draw now than previously.

In the East Texas 14th District, being vacated by Rep. Ron Paul (R), the Galveston-Beaumont region is again together, which favors former Rep. Nick Lampson (D-TX-9 and 22), but is even more Republican than in past versions. Rep. Lloyd Doggett (D-TX-25) is placed in the 35th District, a seat that stretches from Travis County, the Congressman’s home, into Bexar County. It will be a heavily Hispanic district. The new 25th District then becomes an open Republican seat that begins in western Travis County and meanders northward toward Ft. Worth.

It appears the GOP would be favored in 25 seats and the Democrats in 10, with the Canseco district being in toss-up status. A more detailed analysis will be conducted once the full demographic and political data becomes public.