Tag Archives: Oregon

Apportionment Surprises


By Jim Ellis

April 28, 2021 — In virtually every 10-year apportionment announcement at least one surprise occurs, but the census unveiling Monday contained multiple blockbusters.

For example, two states had their final number of congressional districts determined by less than 90 people. Reportedly, if New York had just had 89 more people, that would have saved an Empire State congressional seat. Minnesota becomes the beneficiary allowing the state to barely hold its eighth district.

Instead of 10 seats changing states as had been forecast, only seven, affecting 13 domains, switched. Perhaps the main reason for the lower number is the decade population growth rate. According to yesterday’s final report, the nation grew at only a 7.4 percent rate, the lowest since the 1930 census’s 7.3 percent. By contrast, the population increase from the 2010 total was 9.7 percent.

Pre-census projections, for better than a year, had been predicting that Texas would gain three seats, Florida two, and Arizona one. The analysts also estimated seat losses for Alabama, Minnesota, and Rhode Island. None of these projections proved accurate.

On the other hand, prognostications for the balance of the map were accurate. Texas, and Florida did gain, but two and one, respectively, instead of three and two seats. Colorado, Montana, North Carolina, and Oregon each added one district apiece as expected. The one-seat losers were California, for the first time in history, Illinois, Michigan, New York, Ohio, Pennsylvania, and West Virginia.

It’s a bit too soon to determine which party will benefit the most from these numbers at the congressional level, though Republicans should be up slightly in the Electoral College for the next presidential campaign. Once we see how the population is distributed within the states will better tell us whether Democrats or Republicans will take the most advantage of the apportionment. This will depend upon how the population spreads through the cities, suburbs, and rural regions.

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More Redistricting Delays – Part I

By Jim Ellis

Feb. 17, 2021 — The Census Bureau announced just before the Presidents’ Day holiday break that there will be yet another long delay in transmitting the census data to the states. Without the new numbers, redistricting becomes unachievable.

The new target date is Sept. 30, postponed from their first postponement date of July 30. At this point, the postponed apportionment release date remains April 30, long after the statutory deadline of Jan. 1. Apportionment is the first critical step in the redistricting process since this informs the states how many congressional seats they will be awarded for the current decade.

The late September target (and there’s no guarantee even this date will be met) will make it difficult for many states to finish their redistricting on time, and could force the process into the courts if state legislatures are unable to convene or meet a legislative calendar in terms of allowing public input. Even now, at least several states will have to enact emergency legislation to change deadlines to avoid violating pre-existing legal redistricting deadlines.

The delays have already changed the political situation in New Jersey and Virginia. With both states having odd-numbered year state legislative elections, the two are always the first to receive their new census data. In both states, legislative elections will now proceed under the 2011 maps with previously enacted amendments. When the lines are eventually completed, it is possible that new elections, possibly for 2022, will be ordered in Virginia. New Jersey voters passed a referendum in November that allows redistricting to occur before the 2023 state legislative elections.

Another problem could be lawsuits filed against the eventual apportionment. Apparently, the principal problem for the delays is exactly which people to count and where they are placed. College students, for example, are typically counted at the university campus on which they reside. Now, however, so many are not attending in-person classes. Therefore, arguments are ongoing as to where this group should be counted, either at school or back at their primary residence.

Additionally, one of President Biden’s new executive orders reversed Trump Administration policies about whether or not to count non-citizens. This change of direction has also created further delays.

Based upon these controversies, and others, it is probable that at least one potential losing state – apparently Alabama is on the cusp of losing a seat but may not depending upon the counting criteria – could sue over the apportionment conclusion meaning even further delays as various potential lawsuits wind their way through the judicial process toward final determination. All of this could conceivably mean redistricting is postponed until the 2024 election cycle.

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More Redistricting Delays

By Jim Ellis

Jan. 29, 2021 — The Census Bureau announced at mid-week yet another postponement in releasing the national apportionment figures, this time until April 30. Reapportionment should have been completed by Dec. 31, but the Bureau previously announced that March 6 would be the new release date due to COVID-related problems. Now, we see further delays.

Reapportionment is the process of creating a new census data algorithm in order to project the number of congressional seats each state will be awarded for the coming decade. It appears that 10-12 seats could change states, with the northeast and Midwest typically losing districts to southern and western states. This time, however, California, for the first time in history, is reversing their trend and appears headed for the losing list.

Once the apportionment numbers are known and the individual data dispersed, the states can begin the redistricting process. The Census Bureau further stated that individual states won’t be receiving their particular data necessary for redistricting until at least July 30. This will clearly set the redistricting cycle back significantly, which could cause major problems for the coming election cycle.

In the past, the Census Bureau has prioritized the states with early primaries to be first to receive their data. This meant that New Jersey and Virginia initially received their new population numbers ahead of the others because they have odd-numbered year state legislative elections. Texas and Illinois were next to receive since they traditionally schedule their regular primaries in March of the election year.

Knowing that the numbers would not be available for them in 2021, New Jersey and Virginia took preparatory action. Garden State officials placed a referendum on the November ballot asking voters for approval to postpone legislative redistricting until 2023. The measure passed.

The Old Dominion leaders decided they would run their 2021 state Delegate elections on the amended 2011 map but could conceivably call elections again for next year once they receive their updated data and can draw district boundaries. Virginia state senators do not stand for election until 2023, so it is unlikely the redistricting delay will affect those campaigns.

The data distribution and processing delay could place most legislatures in a conundrum. Most will be adjourned when the data is received, so special sessions will have to be called in most cases to complete the process prior to the 2022 candidate filing deadlines. This suggests that the states having redistricting commissions might prove to be in better position to complete the task because they won’t have to deal with legislative politics, priorities, or calendars, all of which result in a lengthy process.

Additionally, since almost every map is challenged in court, we could well see a plethora of lawsuits being filed late in the year that keep the redistricting process tied in figurative knots for months.

The states in the most difficult situations will be those gaining and losing congressional representation. Because the number of districts these particular states will have differ from their current allotments, they do not have the option of reverting to the current map once 2021 apportionment becomes final.

In the case of gainers and losers not having completed maps, we may see at-large races for the House. This would be particularly difficult for the losing states because we may see all members in the affected places having to run at-large for seats in their House delegations.

Unofficially, the gaining states appear to be Texas (3 seats), Florida (2), Arizona, Colorado, Montana, North Carolina, and Oregon. The losers may be New York (possibly 2 seats), Alabama, California, Illinois, Michigan, Minnesota, Ohio, Pennsylvania, Rhode Island, and West Virginia. Reports suggest that the closest developing situation concerns whether Alabama loses a seat or New York drops two.

President Biden’s executive order that mandates non-citizens be counted in the census will certainly affect the final data projections and may be another reason for this latest delay.

The only certainty about 2021 reapportionment and redistricting is the many moving parts in these various states will likely produce surprising political results.

Early House Outlook – Part I

By Jim Ellis

Jan. 20, 2021 — With the presidential Inauguration dominating political attention this week, it is a good time to set the upcoming electoral stage for the US House on a 50-state basis. Today, a first of a four-part series, will begin to look at the 13 western states. During the rest of the week, we will move eastward.

• Alaska – 1 Seat (1R)
Rep. Don Young (R-Ft. Yukon), the Dean of the House, won his 25th term in November with a 54-45 percent victory in a competitive race. With Alaska being an at-large state, reapportionment and redistricting won’t change the political situation. The big question surrounding the 87-year-old congressional veteran is when will he retire?

• Arizona – 9 Seats (5D–4R)
The Arizona population growth rate makes them a cinch to gain a 10th District in reapportionment. It is also clear that the new seat will be placed in the Phoenix metropolitan area. Arizona has a redistricting commission comprised of two Democrats, two Republicans, and one Independent. The latter member becomes the chairman. The membership has not yet been chosen.

The state’s marginal nature suggests that we will see a very competitive state once all 10 seats are in place. Currently, there are two districts where the winning House member received 52 percent of the vote or less. This means GOP Rep. David Schweikert (2020 winning percentage: 52.2) and Democratic incumbent Tom O’Halleran (2020 winning percentage: 51.6) will be looking to add more Republicans and Democrats to their seats, respectively.

An open governor’s race (Republican Gov. Doug Ducey ineligible to seek a third term) and what should be a competitive re-election for Sen. Mark Kelly (D) could cause open seats in the House delegation should any of the sitting members attempt to run statewide.

• California – 53 Seats (42D–11R)
For the first time in history, the Golden State appears positioned to lose a seat in their US House delegation. With migration exiting the state exceeding those incoming, it appears the California growth rate did not keep up with the specified threshold in order to keep all of their 53 seats. The Los Angeles area is likely to absorb the loss of the seat, but which member will be paired with another is an open question.

California voters adopted an initiative before the 2010 census that established a citizens’ commission to administer redistricting under strict parameters that emphasizes keeping cities and counties whole when possible and irrespective of where any particular incumbent may reside. Therefore, with the mapping power removed from the legislature, it is possible that inside Democratic politics might play a lesser role in the redistricting process.

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More on Redistricting

By Jim Ellis

Winners & losers in the redistricting tug of wars

Nov. 19, 2020 — In yesterday’s Update, we ended with the paragraph, “Considering the states that are losing and gaining seats, party control, and changing political trends, the Republicans are still likely to lose a small net number of seats in the transfer process despite holding the most redistricting power.”

This statement generated some questions about why the Republicans could lose seats in the apportionment transfer when they hold the balance of power in more states. Today, we delve deeper.

At this point, and remembering these are only estimates that could change when the actual apportionment formula produces the official number of seats that each state will possess, it appears ten seats will move from one state to others. Therefore, it is projected that Texas (3), Florida (2), Arizona, Colorado, Montana, North Carolina, and Oregon will gain districts, while Alabama, California, Illinois, Michigan, Minnesota, New York, Ohio, Pennsylvania, Rhode Island, and West Virginia will lose a seat apiece. We will now explore each individually:

States That Lose

• Alabama – Even though Republicans have full control and a 6R-1D delegation, the Republicans will take the loss here. The Democratic district is a Voting Rights seat, so the loss will come from the GOP column even though they hold the redistricting pen.

• California – The lopsided California delegation, even with Republicans gaining one to three seats here when the votes are all finally counted, will likely yield the Democrats losing the district. California is a commission state that operates under strict guidelines. Therefore, the mathematics suggest, in what will potentially end as a 43D-10R delegation that the transfer seat loss will come from the Democratic column.

• Illinois – Though the state delegation features only five Republicans from a group of 18 members, the Democrats control the redistricting process here and 10 years ago produced the most lopsided of partisan gerrymanders. Expect them to figure a way for the Republicans to take the one seat loss.

• Michigan – The voters adopted a new redistricting commission, but the composition parameters look to favor the Democrats. Therefore, expect the 7D-7R delegation to recede by one Republican seat.

• Minnesota – This state features the only state legislature where each party controls one legislative chamber. Though this gives the Republicans a seat at the redistricting table, the population loss in the northern part of the state, where they have two seats, will likely result in the 4D-4R delegation lessening by one Republican seat.

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The Redistricting Prelude

By Jim Ellis

Nov. 18, 2020 — The Census Bureau continues to make progress in completing the decennial population count and it appears the national apportionment report, which details how many congressional seats each state’s population earns, will be delivered to Congress in early January. Because of COVID, the apportionment process has been slightly delayed since the report typically has a year-end deadline.

Once apportionment is known, states then begin receiving their updated data necessary for drawing new congressional and state legislative districts. The states with the earliest primaries are the first to receive their data so they have adequate time to prepare their new congressional and state legislative boundaries.

In terms of apportionment, it is expected that Texas may gain approximately three seats and Florida two. The other gaining states are likely to be Arizona, Colorado, Montana, North Carolina, and Oregon. Those losing seats appear to be Alabama, California (for the first time in history), Illinois, Michigan, Minnesota, New York, Ohio, Pennsylvania, Rhode Island, and West Virginia. These estimates are not always completely correct, so this list could change when the actual apportionment is applied and publicly released.

A total of 34 states will draw their new districts solely through the legislative process. The remaining multi-member states operate through a type of commission, either an independent body or one under political control. Seven states are at-large meaning their congressional race is statewide. Rhode Island joins this group in 2021 as it will lose its second seat, while Montana will likely regain the district that was lost in the 1991 reapportionment.

In the Nov. 3 election, Republicans saw a net gain in state legislative seats around the country. Only one state saw its legislative chambers flip, however, the New Hampshire House and Senate moving from Democrat to Republican. This means Republicans will control 61 legislative chambers as compared to the Democrats’ 37. The Nebraska unicameral legislature is elected on a non-partisan basis, but Republicans control that chamber as well.

Republicans will again have the advantage in the states where the legislatures and governors determine the new map boundaries. Democrats, largely under the National Democratic Redistricting Committee that former Attorney General Eric Holder leads, targeted 13 states to protect or gain legislative chambers. They failed in all, as Republicans kept their majorities in each state they previously controlled and flipped New Hampshire to their column.

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Sights on 2022: The 52 Percent Club

By Jim Ellis

Nov. 12, 2020 — The 2020 election isn’t officially even in the books yet, but we do have enough info to surmise who might be some of the most competitive early targets in the 2022 elections.

Looking at the non-incoming freshmen House members, we see 24 Democratic and four Republican districts where the incumbent recorded 52 percent of the vote and below. Such a re-election performance paints a target on these members in anticipation of the next campaign.

Redistricting, however, will be a wild card for many members and potential candidates, and some who found themselves locked in close 2020 contests could greatly benefit from a re-draw. Of the 24 Democrats in this category, 10 are located in states that are positioned to lose congressional representation, which could possibly make the affected districts even more vulnerable.

Conversely, three of these incumbents are in states projected to gain additional seats, thus likely making it easier for them to improve their political standing.

Only four veteran Republicans found themselves falling in the 52 percent or below group, and two of the four are from states that will lose congressional representation.

Illinois, Michigan, Minnesota, New York, Ohio, and Pennsylvania are expected to lose seats while look to gain one apiece. Texas could add as many as three to its delegation.

Below are the affected members who would become potential early 2022 cycle political targets:

DEMOCRATS

STATE-DISTRICT WINNER PERCENT
AZ-1 Tom O’Halleran (D) 51.7
IA-3 Rep. Cindy Axne (D) 49.0
IL-14 Rep. Lauren Underwood (D) 50.4
IL-17 Rep. Cheri Bustos (D) 51.9
MI-11 Rep. Haley Stevens (D) 50.2
MI-8 Rep. Elissa Slotkin (D) 50.9
MN-2 Rep. Angie Craig (D) 48.2
NH-1 Rep. Chris Pappas (D) 51.4
NJ-7 Rep. Tom Malinowski (D) 51.5
NV-3 Rep. Susie Lee (D) 49.2
NV-4 Rep. Steven Horsford (D) 50.8
NY-19 Rep Antonio Delgado (D) 50.3
NY-4 Rep. Kathleen Rice (D) 52.0
OR-4 Rep. Peter DeFazio (D) 51.7
OR-5 Rep. Kurt Schrader (D) 52.0
PA-17 Rep. Conor Lamb (D) 51.1
PA-8 Rep. Matt Cartwright (D) 51.7
PA-7 Rep. Susan Wild (D) 51.8
TX-7 Rep. Lizzie Fletcher (D) 50.7
TX-32 Rep. Colin Allred (D) 51.9
VA-7 Rep. Abigail Spanberger (D) 51.0
VA-2 Rep. Elaine Luria (D) 51.6
WA-8 Rep. Kim Schrier (D) 51.8
WI-3 Rep. Ron Kind (D) 51.5

GOP

STATE-DISTRICT WINNER PERCENT
MN-1 Rep. Jim Hagedorn (R) 48.6
NE-2 Rep. Don Bacon (R) 50.9
OH-1 Rep. Steve Chabot (R) 51.9
MO-2 Rep. Ann Wagner (R) 52.0