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The Manchin Compromise

By Jim Ellis

West Virginia Sen. Joe Manchin (D)

June 18, 2021 — West Virginia Sen. Joe Manchin (D) offered a detailed compromise Wednesday to the S.1/HR-1 package that will be debated and likely voted upon in the Senate next week.

The controversial legislation would nationalize voting procedures, and Sen. Manchin has said he would not support a final package unless Republican votes could be recruited to break a filibuster. According to news sources, no Republican is currently supportive.

Sen. Manchin released what he terms is a compromise measure, (Voting Legislation For the People Act Compromise), and presumably a substitute for S.1, or “For the People Act,” as it is formally entitled. His proposal includes 26 points in addition to five sub-points.

The chances of the Democratic leadership accepting the Manchin compromise on face value are virtually nil because his measure does not include some of the key planks found in the S.1 language.

For the purposes of this column, let’s look at a few of what could be the more controversial pieces of the Manchin offering both from a political and constitutional perspective.

• Point 3 states that the measure would “ban gerrymandering and use computer models” for redistricting. Accepting this would be difficult since there is no common definition of “gerrymandering.”

Additionally, though computer models are already used in every state to draw districts, Sen. Manchin may be referring to the Iowa process in which the legislature allows the committee staff to draw maps through a specific computer model without regard to an incumbent’s residence but based solely on geographic and some demographic characteristics.

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