Tag Archives: Arizona

Weekly Redistricting Update

Significant redistricting action occurred in the following seven states during the holidays:

ARIZONA (current delegation: 5R-3D; gains one seat) – The Arizona Independent Redistricting Commission adopted a new congressional map just before the year ended. It is similar to the controversial draft map in that it creates more competitive seats. Political numbers will be available shortly, thus giving us a better picture of what will happen in the 2012 elections. Looking only at the geographical divisions, it appears that four seats will be Republican, three Democrat, with one toss-up district. Among incumbents, it appears that Rep. Paul Gosar (R-AZ-1) may have received the most difficult draw, but it is possible he could hop over into the new 4th District, an open seat that should be solidly Republican. The most likely outcome for 2012, according to the earliest of projections, is a 5R-4D split, meaning the Democrats will gain one net seat.

GEORGIA (current delegation: 8R-5D; gains one seat) – The Justice Department granted pre-clearance to the Georgia map, virtually completing the Peach State redistricting process. Lawsuits will continue, but obtaining DoJ approval now makes it extremely difficult to dislodge the plan. Republicans will gain the new seat, labeled as District 9. Rep. Tom Graves (R) now goes to District 14, and Rep. John Barrow’s (D) 12th District becomes highly competitive. Republican District 1 (Rep. Jack Kingston) also becomes more competitive, while District 8 (Rep. Austin Scott) changes significantly but remains in the contested category.

MISSISSIPPI (current delegation: 3R-1D) – The three-judge federal panel, even before the new legislature convenes today, released a congressional map that changes very little among the four districts. Their biggest task was to balance the four seats from a population perspective. The 2nd District of Rep. Bennie Thompson (D) is officially 73,561 people low, meaning those individuals must come from the other three districts. The northern Mississippi 1st District (Rep. Alan Nunnelee, R) is the most over-populated of the four seats, having to shed 46,271 inhabitants. It remains to be seen if the new legislature makes any quick changes to the map. Candidate filing begins Jan. 13, thereby giving them a very small window in which to take action. The politics of the map will likely remain constant.

NEW JERSEY (current delegation: 7D-6R; loses one seat) – The New Jersey congressional redistricting commission comprised of five Democrats, five Republicans, and a tie-breaker (Republican former Attorney General John Farmer) released their congressional map just before 2011 ended. Tie-breaking member Farmer voted with the Republicans, thereby adopting the GOP-submitted map. On paper, the plan paired Reps. Scott Garrett (R-NJ-5) and Steve Rothman (D-NJ-9) into a new 5th District that contains 79 percent of Garrett’s current territory and only 21 percent of Rothman’s.

The practical outcome changed, however, when Rothman announced he will challenge fellow Democratic Rep. Bill Pascrell (D-NJ-8) in the new 9th District, a seat that contains 54 percent of the former’s current seat, instead of running against Republican Garrett. The new 9th houses Pascrell’s home of Paterson, but only encompasses 43 percent of his previous 8th District. Rothman sees his home of Fair Lawn go to Garrett’s 5th, but his former political power base of Englewood carries over to the 9th. It remains to be seen if Mr. Pascrell, an eight-term incumbent who will be 75 years old at the end of the month, will forge the uphill challenge against Rothman or simply retire. In any event, it appears the Democrats will absorb the reapportionment casualty and the new delegation will most likely return six Republicans and six Democrats.

NEW MEXICO (current delegation: 2D-1R) – The New Mexico state court charged with drawing a new congressional map completed its work and returned a plan that looks almost identical to the current political landscape. The court made only small changes to the three districts after balancing the seats from a population perspective. Rep. Steve Pearce’s (R) 2nd District was the most out of balance, having to gain 22,437 people. The political numbers among the three districts are almost identical to those of the previous decade, meaning that the state will continue to hold one Democratic seat (NM-3; Rep. Ben Lujan), one Republican district (NM-2; Rep. Pearce), and a marginal Albuquerque-based 1st District that leans Democratic. Though the 1st CD will host a competitive open seat race in the fall, the eventual Democratic nominee will be tabbed as the general election favorite. The most likely outcome after the 2012 election will again yield a delegation comprised of two Democrats and one Republican.

PENNSYLVANIA (current delegation: 12R-7D; loses one seat) – Just before Christmas, Gov. Tom Corbett (R) signed the congressional redistricting legislation into law. The new plan pairs Democrats Jason Altmire (D-PA-4) and Mark Critz (D-PA-12) in a new western PA 12th District, a seat where President Obama tallied only 45 percent. This means the eventual Democratic nominee, either Altmire or Critz, will still face a stiff challenge in the general election.

Though the map is designed to elect 12 Republicans and six Democrats and could possibly stretch to 13R-5D, President Obama scored a majority of the vote in 10 of the 18 districts, including those represented by Reps. Jim Gerlach (District 6), Pat Meehan (District 7), Mike Fitzpatrick (District 8), Charlie Dent (District 15), and Joe Pitts (District 16). Rep. Todd Platts’ (R) safely Republican 19th District is re-numbered as District 4, since the state no longer possesses 19 districts. The Pennsylvania primary is scheduled for May 17.

WASHINGTON (current delegation: 5D-4R; gains one seat) – The Washington redistricting commission also completed its work, adopting a new congressional plan that should protect all eight of the state’s incumbents seeking re-election, gives the new district to the Democrats, and puts a new 1st District in play for Republicans.

In a state where Democrats routinely win at the statewide level, the Republicans would have come away with a national victory simply by protecting all four of its incumbents. Under this plan, however, they now have a chance to evenly split the delegation as the new 1st District becomes competitive. Rep. Jay Inslee (D-WA-1) is running for governor, so his CD will be open in 2012. The plan switches the focal point of the district from the northern Seattle/Puget Sound island area to the east, meaning it has a more rural and conservative political anchor. The new draw plays well for Republican John Koster, the former state legislator and county official who lost close congressional races to Rep. Rick Larsen (D) in the current 2nd District during both 2000 and 2010. Larsen’s CD-2 now moves into the Puget Sound islands, changing his political focus, but giving him a much more Democratic district. For his part, Mr. Koster announced that he will run in new District 1. He previously was gearing up for a re-match with Larsen in WA-2. Several of the Democrats who were planning to run to succeed Inslee may now find themselves displaced in this new draw.

All of the remaining political situations, including those of Reps. Jamie Herrera Beutler (R-WA-3) and Dave Reichert (R-WA-8) who represent marginal areas, improve for the incumbent. The new 10th District is placed southeast of the Seattle metro area, between Tacoma and around and including the capital city of Olympia. Former state House Majority Leader Denny Heck (D), who lost 47-53 percent to Herrera Beutler in 2010, is the odds-on favorite to capture the new seat. He has already announced that he will run. The district heavily favors the Democrats. It is made up largely from Rep. Adam Smith’s (D) current 9th District and the most Democratic part of Herrera Beutler’s seat.

For his part, Mr. Smith draws a heavily Democratic district, but one that has a much higher minority complexion. Herrera Beutler’s current seat is over-populated to the degree of 106,894 people. Smith’s current seat needed to shed 50,675 bodies. The most over-populated of Washington’s congressional districts is that of Rep. Reichert, which sheds 138,300 inhabitants and becomes more rural and Republican.

State Redistricting Maps Released: AZ, MS, NJ

Note: This is our last Political Update through the Christmas holidays. We will be back with an Iowa perspective for the January 3rd vote on Friday, December 30th. Have a wonderful Christmas and New Year’s celebration.

The legal processes in three states produced congressional maps in the past two days, and all may become final by Dec. 31. In Connecticut, the joint legislative panel appointed to draw the congressional map has again failed, reaching the second extended deadline without defining district boundaries. Connecticut redistricting now transfers to the state Supreme Court, which will take responsibility for drawing a new 5-district map.

Arizona
The Arizona Independent Redistricting Commission released a new map that will likely be adopted before Jan. 1. Accompanying political data is not yet available, but the geographic dispersion as it relates to the current districts has been made public. The draw is similar but not identical to the draft map released earlier in the year that ignited the controversy leading to Commission chair Colleen Mathis’ impeachment. When the state Supreme Court reinstated Ms. Mathis, the redistricting work continued.

The basic construct of the Arizona map is much different from the current plan. The numbers all rotate, and it looks like several marginal seats will feature competitive political campaigns for a number of ensuing elections.

Freshman Rep. Paul Gosar (R-AZ-1) appears to take the biggest hit, as the new rural 1st District includes 23 percent new territory from Democratic Reps. Raul Grijalva (D-AZ-7) and Gabrielle Giffords (D-AZ-8). The 1st was a marginal district under the current map, meaning this new AZ-1 will likely swing toward the Ds.

The new 2nd District is Rep. Giffords’ former 8th CD. It is probable that this district was made a bit more Democratic after the draft version, which originally conceived it as a 50/50 seat. The southwestern Arizona 3rd District is that of Rep. Grijalva, converted from District 7. This seat will remain safely Democratic. The 4th District is the new seat the state receives from reapportionment. The new 4th is comprised of parts from six current districts, but primarily from the Republican districts of Reps. Gosar (AZ-1; 33.7 percent), Trent Franks (AZ-2; 33.0 percent), Jeff Flake (AZ-6; 20.6 percent) and the Democratic seat of Grijalva (AZ-7; 12.5 percent). This seat has no incumbent and the eventual Republican nominee will claim the district. It is conceivable that Rep. Gosar could run in this Phoenix metropolitan area-based CD instead of his more rural and politically marginal 1st District.

The new 5th District is completely composed of Rep. Flake’s current 6th CD. The 6th was over-populated by 261,509 people, the third-highest number of any congressional district in the country, so the old 6th fully contains 100 percent of the new 5th. It is likely that this open seat (Rep. Flake is running for Senate) will remain as a Republican district. The new 6th is largely the seat of Rep. Ben Quayle (R-AZ-3), and should remain a district that favors him. The new 7th is the inner city Phoenix seat that matches-up best with Rep. Ed Pastor’s current 4th District. The territory remains Democratic.

The new 8th District is largely the former 2nd District of Rep. Trent Franks and will remain Republican. The new 9th District is a hodgepodge of four districts, 61 percent of which comes from the current CD-5 of freshman Rep. David Schweikert (R). Another 17.3 percent is extracted from Rep. Quayle’s current 3rd District, and 16.2 percent is in Rep. Flake’s seat. The remaining 6 percent of the new territory is from Rep. Pastor’s 4th CD. It is likely that Mr. Schweikert will run here.

We will have better information when the political statistics become available.

New Jersey
The official New Jersey congressional map could be approved as early as today. It is already clear, however, that Reps. Scott Garrett (R-NJ-5) and Steve Rothman (D-NJ-9) will be paired in a northern NJ seat. Both Democrats and Republicans have submitted maps featuring this configuration. The Republican map gives the edge to Garrett; likewise, the Democratic plan favors Rothman. The commission can accept either map as drawn or construct something different. The fact that both sides have agreed upon the pairing makes it a virtual certainty that such will be the final outcome.

Mississippi
Despite the new legislature being sworn into office prior to the January candidate filing deadline, the three-judge federal panel with Mississippi redistricting jurisdiction stepped in and drew a new map. It is a least-change map, almost identically reflecting the current configuration. The 2nd District (Rep. Bennie Thompson-D) was the most out of balance, needing to gain more than 75,000 people from the other districts. The remaining three are all over-populated by varying degrees.

It remains to be seen if the legislature takes action when they convene soon after next year begins.

Weekly Redistricting Update

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

ARIZONA (current delegation: 5R-3D; gains one seat) – The Arizona Independent Redistricting Commission members are indicating that they may have agreement on a congressional plan before Christmas. Now that the state Supreme Court reinstated commission chair Colleen Mathis (I) after the legislature and governor impeached her, the commission can complete its work. It remains to be seen if the members make any significant changes on the previously released map that generated most of the controversy around Mathis.

ILLINOIS (current delegation: 11R-8D; loses one seat) – The federal court considering the Republican lawsuit against the new Democratic-passed map rejected the GOP arguments. This means the plan is now official and will host the congressional elections beginning with the March 20 primary. It is likely the map will remain in place for the rest of the decade. Democrats will make gains under the re-draw, possibly as many as four seats.

NEW JERSEY (current delegation: 7D-6R; loses one seat) – The New Jersey congressional redistricting commission comprised of five Democrats, five Republicans, and a tie-breaker (Republican former Attorney General John Farmer) are taking definitive action to produce a map, possibly before the end of the year. The big question surrounds which two members will be paired, as the state loses a seat in reapportionment. Both Democrats and Republicans are prepared to present maps for the commission’s consideration. Reportedly, Democrats will pair Reps. Scott Garrett (R-NJ-5) and Leonard Lance (R-NJ-7). Republicans will likely suggest a plan that combines Reps. Bill Pascrell (D-NJ-8) and Steve Rothman (D-NJ-9). The more likely scenario is a pairing of a Democrat and Republican in a marginal seat, meaning the eventual two chosen incumbents will endure a highly competitive campaign. The inter-party pairing attracting the most attention and possibly traction involves Garrett and Rothman.

OHIO (current delegation: 13R-5D; loses two seats) – Republicans avoided the feared referendum battle on the congressional redistricting map by convincing the requisite number of House Democrats to support their new map and passed the plan with a two-thirds vote in both legislative chambers. Legislation receiving such support is not subject to a public referendum.

The plan is designed to elect 12 Republicans and four Democrats in the new 16-member delegation, but several seats are marginal and will yield competitive campaigns. The map also features three incumbent pairings: one matching Democrats; one with Republicans; and an inter-party combination.

In the new 9th District, Reps. Marcy Kaptur (D-OH-9) and Dennis Kucinich (D-OH-10) are placed together. Changes were made that makes the seat even more favorable for Kaptur. Rumors are now suggesting that Kucinich is considering running against Rep. Marcia Fudge (D) in the new Cleveland-based majority African-American district. Fudge already has one serious Democratic opponent, state Sen. Nina Turner. Kucinich is apparently looking at a scenario where the two black candidates could split the African-American vote, allowing him to win with a coalition of white voters.

The new 10th District features the Republican pairing in a seat centered around the Dayton metropolitan area. Reps. Steve Austria and Mike Turner face each other in what should be a highly competitive primary election. The winner will hold the seat in the general election.

Rep. Betty Sutton (D-OH-13), whose district has been split apart in several directions, largely to create a new Democratic seat in Columbus, announced that she will oppose Rep. Jim Renacci (R-OH-16) in the new marginally Republican 16th District. The territory is more familiar to Renacci, but a Democratic swing toward Election Day could send this seat into the D column. This race features two strong candidates.

In the eastern Ohio 6th District, former Rep. Charlie Wilson (D) has already announced that he will seek a re-match with the man who defeated him in 2010, Rep. Bill Johnson (R). The new 6th, however, is more Republican than the seat that Wilson used to represent and failed to hold.

Additionally, the Ohio plan reinstates the March 6 congressional primary schedule. Because of the controversy surrounding the original map, the election had been temporarily moved to June. With Texas now going to April, the Ohio congressional primaries will be the first in the nation.

PENNSYLVANIA (current delegation: 12R-7D; loses one seat) –
Pennsylvania Republicans unveiled their new congressional map and, as predicted, it pairs Democrats Jason Altmire (D-PA-4) and Mark Critz (D-PA-12) in the new western PA 12th District, a seat where President Obama tallied only 45 percent.

Though the map is designed to elect 12 Republicans and six Democrats, President Obama scored a majority of the vote in 10 of the 18 districts, including those represented by Reps. Jim Gerlach (District 6), Pat Meehan (District 7), Mike Fitzpatrick (District 8), Charlie Dent (District 15), and Joe Pitts (District 16). Rep. Todd Platts’ (R) safely Republican 19th District is re-numbered as District 4, since the state no longer possesses 19 districts. The Pennsylvania primary is scheduled for May 17.

TEXAS (current delegation: 23R-9D; gains four seats) –
With the congressional and state legislative maps tied up in the courts, Democrats and Republicans have agreed upon a new primary schedule. The original March 6 primary is now officially postponed and will be held April 3 with a run-off on June 5.

The presidential and statewide races will also be held on April 3. One train of thought suggested that the district primaries could be held on a date after the presidential and statewide races are decided on Super Tuesday, March 6. as originally planned. Going after Super Tuesday now makes the state eligible to convert to winner-take-all status. It remains to be seen if the Republican Party of Texas will choose to change the current delegate allocation system.

The Delegate Flow

As we’re quickly approaching the Iowa Caucus vote on Jan. 3, it is now time to look at the vastly different 2012 Republican delegate selection schedule. Much has changed, timing-wise, since the 2008 campaign. No longer is the system so heavily front-loaded, meaning the nomination fight could drive well past the early March Super Tuesday primary date.

While the media attempts to create political momentum through their coverage of the small, early caucus and primary states, the fact remains that after the first five events – Iowa Caucus (Jan. 3), New Hampshire primary (Jan. 10), South Carolina primary (Jan. 21), Florida primary (Jan. 31) and Nevada Caucuses (Feb. 4), only 143 total delegates of the 2,288 penalty-adjusted votes (just 6 percent) will be chosen. Therefore, if one candidate has a cumulative 35 percent of the pledged delegates after those events, a reasonable figure for the leader, he or she would have only 50 delegates after Nevada concludes, or just 4 percent of the total needed to clinch the nomination (1,145).

It is important to remember that the Florida Republican Party and four other states (New Hampshire, South Carolina, Michigan and Arizona) chose to forfeit half of their delegations in order to move into a more prominent voting position. Therefore, in Florida’s case, the state with the second largest contingent of Republican congressmen has a total delegate count of only 50.

After the voters in the first five states cast their ballots, we then move onto the second tier of states, stopping in Michigan and Arizona (Feb. 28), on our way to Super Tuesday, March 6. In 2012, however, fewer entities are participating in the Super Tuesday contest. Ten states are holding their primary and caucus elections that day, representing 428 available delegates. This means more states and greater numbers of voters will have a role in choosing the next Republican nominee and do so later in the process.

The nomination could easily be decided during the post-Super Tuesday period that will last through the end of April. During that time, an additional 858 delegates in 21 states and territories will be chosen, meaning approximately two-thirds of the entire pool will be claimed. If the identity of the GOP nominee is still not obvious, then the traveling primary show moves through an additional 10 states in May, with Pennsylvania (72 delegates) and North Carolina (55 delegates) being the biggest prizes.

In the end, it may be early June before a Republican nominee clearly emerges. On the 5th of that month, the largest single state delegation will be apportioned, California (172 delegates), along with New Jersey (50 delegates), Montana (26 delegates), New Mexico (23 delegates) and South Dakota (28 delegates). All voting will conclude with the Utah primary (40 delegates) on June 26.

Today, it’s hard to determine which candidate’s campaign becomes a juggernaut and gains enough momentum to soar toward the nomination. Eventually that will occur, but it now appears, due to a combination of rules changes and the way in which the campaign is unfolding, that projecting the Republican presidential nominee will happen at a much later date than once commonly believed.

Weekly Redistricting Roundup

Significant redistricting action occurred in the following nine states during the past week: Arizona, Connecticut, Florida, Illinois, Kansas, Mississippi, New Mexico, Rhode Island and Texas.

ARIZONA (current delegation: 5R-3D; gains one seat) – Arizona Independent Redistricting Commission chair Colleen Mathis’s impeachment saga continues, but it appears to be finally ending. Gov. Jan Brewer (R) still wants to take further action in order to remove Mathis from her position, but the state Supreme Court is issuing clear signals that they will again stop the process. The high court issued a letter indicating that the “substance” of the charges and not the “format of the letter” is an inadequate basis for removing the chairwoman from office. The signal likely means that Mathis will continue to serve and that a congressional map will soon be passed into law. Expect a revised draft map that featured four Republican seats, two Democratic, and three marginal seats likely to trend toward the Democrats to be the final plan.

CONNECTICUT (current delegation: 5D) – The special panel charged with redistricting responsibility is fast approaching its Nov. 30 deadline to release maps. Gov. Dan Malloy (D), who appointed the members, said it would be a “gigantic failure” if the committee again fails to meet the imposed deadline. The target date was previously moved to the 30th from September. Concrete action will be occurring here very shortly.

FLORIDA (current delegation: 19R-6D; gains two seats) – Facing the most difficult redistricting task in the nation, the Florida state Senate unveiled the first congressional map of the legislative session. The new map would basically keep the current footprint intact while adding a new Republican district in central Florida, the 26th, that includes Lake and Citrus Counties and parts of Marion and Lake. The plan also adds a Democratic district, the 27th, anchored in Osceola County, and including parts of Orange and Polk. There are no political numbers yet released with this map, but it appears to be a 20R-7D cut. The map likely adheres to the Voting Rights Act, but largely ignores the new provisions of the redistricting initiative voters passed in 2010. Rep. Corinne Brown’s current 3rd District, featuring a craggy, meandering draw touching Jacksonville, Gainesville, and the Orlando metropolitan area – which prompted the ballot initiative to draw more compact seats – is again presented in a similar configuration. The state Senate map is simply a proposal. Expect the most difficult legal process in the country to ensue before a final map is put in place for the 2012 elections. Should such a map as proposed by the Senate actually prevail, it would be a huge boon to the Republicans.

ILLINOIS (current delegation: 11R-8D; loses one seat) – The judge hearing the Republican redistricting legal challenge has postponed the candidate filing deadline from Dec. 5 to Dec. 27. The court also allowed itself leeway to change the deadline again, saying that if the case is still unresolved by Dec. 21, the date could subsequently be moved once more. The Illinois primary is March 20.

KANSAS (current delegation: 4R) – State legislative leaders have again postponed redistricting action. They now have a target deadline of May 10 to vote on new political maps. The Kansas primary is Aug. 7.

MISSISSIPPI (current delegation: 3R-1D) – The three-judge federal panel holding Mississippi redistricting responsibilities is indicating that it may impose a new congressional map prior to the new legislature taking office. With the Republican sweep of the 2011 elections, the GOP now controls the entire redistricting process. Since the candidate filing deadline is Jan. 13, however, and the new legislature convenes Jan. 3, little time is available to pass a map. The fast judicial action would be unusual, particularly since a court-imposed map normally only has interim status. It is presumed, based upon legal precedence, that the legislative product would constitute the state’s final action.

NEW MEXICO (current delegation: 2D-1R) – Apparently both sides are close to agreeing on jointly proposing a compromise, “no-change” map to the court with redistricting responsibility. Such a plan would likely keep the lines basically as they are, once adjusted for population change. The 2nd District of Rep. Steve Pearce (R) is the most out of balance. It needs to gain just 22,437 people, however. Even if the Democrats and Republicans agree to a map, the court is not bound to accept the offering. Still, it appears the New Mexico redistricting situation is close to resolution.

RHODE ISLAND (current delegation: 2D) – The redistricting legislative panel released its new two-district plan that, if adopted, will easily keep the Ocean State’s pair of seats in Democratic hands. District 1 needs to gain only 7,263 people from District 2, so the changes from the current map are minimal.

TEXAS (current delegation: 23R-9D; gains four seats) – The newly-released Texas congressional district court plan has been vetted, and the Democrats will make gains in the Lone Star State in comparison to the now-defunct legislative plan. The original law, struck down by the courts, would likely have returned 26 Republicans and 10 Democrats. The new map will send three of the four new seats to the Democratic column, but still does not put a Hispanic seat in the Dallas-Ft. Worth metroplex. It does add a new Democratic seat in Tarrant County, however, but one that probably won’t elect a Hispanic. Apparently not paying much heed to the US Supreme Court directives in the Bartlett v. Strickland case that better defined minority district drawing criteria, the three-judge panel again favored more minority coalition districts, and these generally produce victories for white Democrats. The court made major changes in the center of the state, from DFW south through Austin and into San Antonio. They basically left east and west Texas in relatively unchanged position, with the exception of Districts 8 (Rep. Kevin Brady), 14, 34, and 36, but the partisan make-up should be the same with the possible exception of Rep. Ron Paul’s (R) open 14th District.

The big winners in the plan are the 20 Republican incumbents who receive safe seats, and the Democrats who should see their nine-seat delegation rise to between 12 and 14, depending upon the 2012 election results.

GOP incumbents who will have more competitive districts are Reps. Joe Barton (R-TX-6), Michael McCaul (R-TX-10), and Quico Canseco (R-TX-23).

It is likely that the court-drawn map will be in place for the 2012 elections, since candidate filing is already underway and the congressional primary is set for Super Tuesday, March 6. The District of Columbia Court of Appeals, considering the state’s lawsuit, could issue a different map or directive, but it is unlikely that any course of action will derail the three-judge panel’s map from enactment at least for this one election. The state attorney general reportedly will ask the US Supreme Court to stay the judicial panel’s congressional map. He has already done so for the state House and Senate maps. It is unlikely that the high court will act, however. The legislature could change or replace the plan when it next convenes, as it did in 2003 and was ruled to have such authority by a US Supreme Court vote of 9-0.

Senate Poll Shockers

A series of surveys was just released for key US Senate races in several states. Two studies produced especially surprising results, those in Florida and North Dakota.

Rasmussen Reports (Nov. 17; 500 likely Florida voters) now gives Rep. Connie Mack IV (R-FL-14) an unexpected 43-39 percent lead over Florida Sen. Bill Nelson (D). This is the first poll of the election cycle that shows Nelson in a deficit position to any potential Republican opponent.

After saying he would not run in March, Rep. Mack did an about-face late last month and his decision appears to be paying off, at least in the short term. Prior to recent polls showing Rep. Mack within two, six, and now leading by four points, Sen. Nelson posted consistent 15-point margins against the other two main Republican candidates, former interim Sen. George LeMieux and ex-state House Majority Leader Adam Hasner.

It was always believed that the Ft. Myers congressman and son of former Sen. Connie Mack III could make this race competitive, and the last three polls certainly confirm that supposition.

In North Dakota, The Democratic Senatorial Campaign Committee released the results of the Mellman Group poll (Nov. 12-16; 600 likely North Dakota voters) it commissioned for newly announced candidate Heidi Heitkamp, the state’s former attorney general. The data give Ms. Heitkamp a 47-42 percent lead over Rep. Rick Berg (R-ND-AL). This is a stunner in that Berg is thought to be the prohibitive favorite to convert the open seat (Sen. Kent Conrad is retiring) for the GOP. North Dakota is projected to be the Republicans’ best opportunity to take a Democratic seat.

Since this tabulation conflicts with other North Dakota polls, it is possible that the survey is an anomaly. In its defense, however, are the presidential numbers. As one would expect, a prospective Republican nominee is ahead of President Obama in the Peace Garden State, even according to these same Mellman Group numbers. Mitt Romney has a 47-33 percent advantage over the President within this polling universe, which is perfectly in line with North Dakota presidential election voting behavior. If further surveys show a similar pattern in this Senate race, a new competitive race could be on the horizon.

According to a brand new Epic MRA poll of the Michigan Senate race (Nov. 13-16; 600 registered Michigan voters), former Rep. Pete Hoekstra (R-MI-2) has decreased his deficit against Sen. Debbie Stabenow (D). Their latest survey shows only a six-point 48-42 percent advantage for the two-term Democratic incumbent. This is a net gain of three points for Hoekstra over the firm’s August poll that gave Stabenow a 47-38 percent edge.

The Michigan race is another critical contest for the GOP. Thought to be vulnerable at the beginning of the year, the Republicans were slow to find a credible opponent against the senator, finally convincing Hoekstra to launch a campaign after the former congressman had publicly announced that he would not run.

One of the slower races to take shape is the open Arizona seat of retiring Senate Majority Whip Jon Kyl (R). New polling information is now available for the Republican primary in this state and Rep. Jeff Flake (R-AZ-6) is off to a big lead, as expected. According to a new Public Policy Polling survey (Nov. 17-20; 400 registered Arizona Republican voters), Flake has a huge 53-7 percent lead over businessman Wil Cardon. Magellan Strategies found a similar pattern. Their latest Arizona study (Nov. 16; 722 registered Arizona Republican voters) gives Flake a similar 55-3 percent margin against Cardon.

Democrats have a large field in the Grand Canyon State, including former Surgeon General Richard Carmona and ex-Arizona Democratic Party chairman Don Bivens. Right now, it appears the race is Flake’s to lose.

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.

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.

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.