DOCSLIB.ORG

Free and Equal Elections: a New State Constitutionalism for Partisan Gerrymandering

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

FREE AND EQUAL ELECTIONS: A NEW STATE CONSTITUTIONALISM FOR PARTISAN GERRYMANDERING Aroosa Khokher* TABLE OF CONTENTS Introduction ............................................................................................. 3 I. Partisan Gerrymandering and its Consequences .............................. 4 A. “Extreme Partisan Gerrymandering”: From the Framers to Today ............................................................................................... 5 B. The Consequences of Partisan Gerrymandering ......................... 8 II. Lack of Availability of Federal Solutions to Partisan Gerrymandering .................................................................................... 10 A. The State of Partisan Gerrymandering Litigation Pre- and Post-Rucho ........................................................................................ 11 B. Rucho’s Implications for Reform & Redistricting ...................... 12 C. The Necessity of Judicial Solutions to Partisan Gerrymandering ............................................................................... 15 1. The Limits of Legislative Reform ........................................... 15 2. The Value of Bringing Challenges to Partisan Gerrymanders in Court .............................................................. 18 III. Challenging Partisan Gerrymanders under States’ Free Elections Clauses ................................................................................... 18 A. Looking to State Courts Post-Rucho .......................................... 19 1. Why Bring Cases in State Court? .......................................... 19 * J.D. Candidate 2021, Columbia Law School; B.A. 2018, New York University. The author would like to thank Professor Richard Briffault for his guidance in writing this Note, as well as the staff of the Columbia Human Rights Law Review for their thoughtful work on this piece. She is also extremely grateful for the encouragement and input of her family and friends, and in particular thanks her parents, Shazia and Zeigham, for their unwavering support. 2 COLUMBIA HUMAN RIGHTS LAW REVIEW [52.1 2. Redistricting Under State Law .............................................. 20 B. Florida: A Case Study in Explicit Constitutional Prohibitions on Partisan Gerrymandering ..................................... 21 C. Free Elections Clause Claims as an Avenue for Challenging Partisan Gerrymanders ................................................................... 24 1. Pennsylvania ........................................................................... 25 i. Free and Equal Elections Clause ....................................... 27 2. North Carolina ........................................................................ 28 i. Free Elections Clause ......................................................... 29 ii. Equal Protection & Free Speech ....................................... 30 3. Applying the Free Elections Approach to Other States ....... 31 Conclusion .............................................................................................. 33 2020] State Constitutionalism for Partisan Gerrymandering 3 INTRODUCTION Increased partisanship, single-party control of state governments, and the rise of technology and “Big Data” have allowed mapmakers to draw legislative district maps—both congressional and for state legislatures—that are uncompetitive and skewed in favor of one party.1 The resulting “extreme partisan gerrymandering” has left states like North Carolina, a traditionally purple state with contested statewide elections, with lasting effects on the partisan composition of its elected officials.2 On June 27, 2019, the Supreme Court handed down its opinion in Rucho v. Common Cause, a set of consolidated cases arising out of partisan gerrymandering claims in North Carolina and Maryland.3 The Court held that partisan gerrymandering claims are nonjusticiable in federal court because they present a “political question” beyond judicial competences, deciding there is no “limited and precise standard” for evaluating such claims that is “judicially discernible and manageable.”4 The decision effectively shut the door on the justiciability of partisan gerrymandering in federal courts, leaving advocates to search for alternative judicial paths.5 In the wake of Rucho, state courts may be the most viable path forward in partisan gerrymandering litigation. Several state courts have already seen successful challenges to partisan gerrymanders. In North Carolina 6 and Pennsylvania, 7 state courts struck down gerrymandered state maps under the state constitutions’ Free Elections Clauses. These clauses, found within many state 1. Michael Li & Annie Lo, What Is Extreme Gerrymandering?, BRENNAN CTR. FOR JUST. (Mar. 22, 2019), https://www.brennancenter.org/our-work/analysis- opinion/what-extreme-gerrymandering [https://perma.cc/ED2B-VMQN]. 2. Id. 3. Rucho v. Common Cause, 139 S. Ct. 2484, 2484 (2019). 4. Id. at 2502. 5. Adam Liptak, Supreme Court Bars Challenges to Partisan Gerrymandering, N.Y. TIMES (June 27, 2019), https://www.nytimes.com/2019/06/ 27/us/politics/supreme-court-gerrymandering.html (on file with the Columbia Human Rights Law Review) (“[T]he court closed the door on [partisan gerrymandering] claims.”). 6. Common Cause v. Lewis, 2019 N.C. Super. LEXIS 56 (2019). 7. League of Women Voters of Pa. v. Commonwealth, 178 A.3d 737 (Pa. 2018). 4 COLUMBIA HUMAN RIGHTS LAW REVIEW [52.1 constitutions, generally require that elections be “free,” “equal,” or “open.”8 This Note argues that following Rucho, challengers to partisan gerrymanders should bring claims in state court under explicit prohibitions on partisan gerrymandering where they are available, and where not, under state constitutions’ Free Elections Clauses. Part I describes the phenomenon of “extreme partisan gerrymandering” and its consequences. Part II discusses the Supreme Court’s ruling in Rucho v. Common Cause, and how it has left redistricting litigants without legal recourse in federal courts. Part III argues that the solution to the problem wrought by Rucho is for voting rights advocates to bring claims in state court, particularly under state constitutions’ Free Elections Clauses. I. PARTISAN GERRYMANDERING AND ITS CONSEQUENCES The U.S. Constitution provides for the reapportionment of the House of Representatives and requires the redrawing of congressional and state legislative districts every ten years following the census.9 There are two distinct elements to the problem of congressional redistricting: 1) apportionment, which concerns the number of congressional seats a state holds; and 2) redistricting, which concerns the method by which the district boundaries within each state are drawn. 10 While apportionment is within Congress’ purview, redistricting has always been left to state legislatures.11 Partisan gerrymandering falls within this latter category of redistricting, dealing with the question of what factors states are permitted to consider when drawing legislative districts. Redistricting is by no means an apolitical process; on the contrary, 8. See infra Section III.C. 9. U.S. CONST. art. I, § 2, cl. 3 (“Representatives and direct taxes shall be apportioned among the several States . according to their respective Numbers . The actual Enumeration shall be made . within every subsequent term of ten years”). 10. DAVID BUTLER, CONGRESSIONAL REDISTRICTING: COMPARATIVE AND THEORETICAL PRINCIPLES 17 (1992). 11. U.S. CONST. art. I, § 2, cl. 3; BUTLER, supra note 10, at 24. The only federal statutory limitation on redistricting in place today is the requirement that all congressional districts elect a single member. 2 U.S.C. § 2c (2000); Nicholas Stephanopoulos, Reforming Redistricting: Why Popular Initiatives to Establish Redistricting Commissions Succeed or Fail, 23 J.L. & POL. 331, 331 n.1 (2007). 2020] State Constitutionalism for Partisan Gerrymandering 5 scholars have identified it as “the bitterest, crudest, most partisan, most divisive issue” confronted by legislators. 12 In a partisan gerrymandering scheme, the party which controls redistricting aims to redraw the district map to maximize its share of seats.13 Partisan gerrymanders do not exist solely where a certain area happens to possess a natural partisan advantage, but where the redistricting process results in “the contorting of districts beyond all reason save political gain.”14 In other words, the goal is to redraw the borders of legislative districts such that the party in control of redistricting wins as many seats as possible.15 This Part presents the relevant background on partisan gerrymandering in the United States. Section I.A describes the current state of “extreme partisan gerrymandering,”16 and Section I.B lays out its consequences for voting rights, highlighting the pressing need for a solution. A. “Extreme Partisan Gerrymandering”: From the Framers to Today Partisan gerrymandering “is nothing new”;17 during the first congressional elections, the Federalists accused Patrick Henry’s Anti- Federalists of being “motivated by extreme partisanship” in the 12. Richard L. Engstrom, The Post-2000 Round of Redistricting: An Entangled Thicket Within the Federal System, 32 PUBLIUS 51, 52 (2002) (quoting Sam Attlesey, “David and Goliath Both Drive Pickup Trucks: Gramm, Morales Duel over Who’s the Underdog,” Dallas Morning News, 7 July 1996, p. 44A). 13. JONATHAN WINBURN, THE REALITIES OF REDISTRICTING: FOLLOWING THE RULES AND LIMITING GERRYMANDERING IN STATE LEGISLATIVE REDISTRICTING
Recommended publications
  • Plaintiff's Motion for the Court to Issue Direction To

    Plaintiff's Motion for the Court to Issue Direction To

    STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF WAKE 18CVS 014001 COMMON CAUSE,etal, Plaintiffs, PLAINTIFFS' MOTION FOR THE COURT TO ISSUE DIRECTION TO LEGISLATIVE DEFENDANTS DAVID LEWIS,IN HIS OFFICIAL CAPACITY AS SENIOR CHAIRMAN OF THE HOUSE SELECT COMMITTEE ON REDISTRICTING, et al., Defendants. m a EXHIBIT A STEPHANIE HOFELLER May 17, 2019 STATE OF NORTH CAROLINA GENERAL COURT OF JUSTICE 1 A P P E A R A N C E S (continued) SUPERIOR COURT DIVISION 2 Counsel for the Defendant-Intervenors: COUNTY OF WAKE 18 CVS 014001 3 Shanahan Law Group BY: John E. Branch, III COMMON CAUSE, ET AL., ) 4 128 E. Hargett Street, Suite 300 ) Raleigh, North Carolina 27601 Plaintiffs, ) 5 (919) 856-9494 ) [email protected] vs. ) 6 ) Counsel for the Deponent: DAVID LEWIS, IN HIS OFFICIAL ) 7 CAPACITY AS SENIOR CHAIRMAN ) Fiduciary Litigation Group OF THE HOUSE SELECT COMMITTEE ) 8 BY: Tom Sparks ON REDISTRICTING, ET AL., ) 223 South West Street, Suite 900 ) 9 Raleigh, North Carolina 27603 Defendants. ) (919) 229-0845 10 [email protected] 11 VIDEOTAPED DEPOSITION OF 12 Also Present: Trae Howerton, Videographer STEPHANIE HOFELLER 13 ________________________________________________ 14 9:38 A.M. 15 FRIDAY, MAY 17, 2019 16 Reported By: Discovery Court Reporters and Legal ________________________________________________ Videographers 17 BY: Lisa A. Wheeler, RPR, CRR POYNER SPRUILL 4208 Six Forks Road, Suite 1000 18 Raleigh, North Carolina 27609 301 FAYETTEVILLE STREET, SUITE 1900 (919) 649-9998 19 RALEIGH, NORTH CAROLINA --oOo-- 20 21 22 23 BY: LISA A. WHEELER, RPR, CRR 24 25 1 3 1 A P P E A R A N C E S 1 I N D E X 2 Counsel for the Plaintiffs: PAGE 3 Arnold & Porter Kaye Scholer 2 BY: R.
  • BEFORE the FEDERAL ELECTION COMMISSION Lavora Barnes

    BEFORE the FEDERAL ELECTION COMMISSION Lavora Barnes

    BEFORE THE FEDERAL ELECTION COMMISSION Lavora Barnes, Chair Michigan Democratic Party 606 Townsend Street Lansing, MI 48933 Complainant, v. John James for Senate P.O. Box 2969 Farmington Hills, MI 48333 Timothy Caughlin, Treasurer P.O. Box 2969 Farmington Hills, MI 48333 John James P.O. Box 2969 Farmington Hills, MI 48333 Respondents. COMPLAINT This complaint is filed with the Federal Election Commission (the “FEC” or “Commission”) pursuant to 52 U.S.C. § 30109(a)(1) against John James; John James for Senate and its Treasurer, Timothy Caughlin (collectively, “Respondents”). The available facts strongly suggest that the James campaign likely violated the Federal Election Campaign Act of 1971 (“the Act”) and FEC regulations by soliciting and directing dark money spending in support of Mr. James’s election to the U.S. Senate through the use of a “Memorandum” leaked to Politico.1 The Commission should act immediately to investigate the full scope of the violation, prevent future illegal solicitation by Respondents and seek the appropriate penalties. 1 11 C.F.R. § 300.61. A. FACTUAL BACKGROUND John James is a Republican candidate for U.S. Senate in Michigan.2 His principal campaign committee is John James for Senate (“the James campaign”).3 Senator Gary Peters is a U.S. Senator from Michigan. Senator Peters is a Democratic candidate for re-election to the U.S. Senate in Michigan in 2020.4 Senator Peters and Mr. James are therefore opponents in the 2020 U.S. Senate race in Michigan. One Nation is a section 501(c)(4) non-profit corporation that opposes the “Left” and “liberals.”5 Duty and Honor is a section 501(c)(4) non-profit corporation.6 On August 11, 2020, the news outlet Politico reported that no major independent groups supporting the Republican Party had bought airtime to disseminate television advertisements between August 11, 2020 to November 3, 2020 in support of Mr.
  • Computer Models and Post-Bandemer Redistricting

    Computer Models and Post-Bandemer Redistricting

    Computer Models and Post-Bandemer Redistricting Michelle H. Browdy Since the Supreme Court first held political redistricting1 to be justicia- ble in Baker v. Carr,2 legal challenges to districting plans have increased dramatically.3 Because the Court's 1986 decision in Davis v. Bandemer4 held partisan gerrymandering5 to be justiciable for the first time,6 even more litigation will likely accompany redistricting following the 1990 cen- 1. States are divided into geographical districts from which representatives are elected either for the United States House of Representatives or for state legislative bodies. Political redistricting occurs when states redraw their political boundary lines after each decennial census. Since the benefits and detriments of automated redistricting apply equally to both congressional and state legislative redis- triting, this Note will not distinguish between them. The Supreme Court, however, does treat chal- lenges to the two types of districts differently, applying tighter standards of population equality to congressional districts than to state legislative districts. Compare Karcher v. Daggett, 462 U.S. 725 (1983) (invalidating plan for New Jersey's congressional districts with average deviation from perfect population equality of 0.1384%) with Brown v. Thomson, 462 U.S. 835 (1983) (upholding plan for Wyoming state legislature with maximum population deviation of 89%). 2. 369 U.S. 186 (1962). In Baker, the Court held that a challenge to the disparity of population size in districts of the Tennessee General Assembly was justiciable under the equal protection clause, U.S. CoN sT. amend XIV, § 1. A previous challenge to the lack of population equality in districts in Illinois had been held nonjusticiable when it was brought under the guaranty clause, U.S.
  • Districting Criteria and a Proposal for Their Empirical Redefinition

    Districting Criteria and a Proposal for Their Empirical Redefinition

    GERRYMANDERED BY DEFINITION: THE DISTORTION OF “TRADITIONAL” DISTRICTING CRITERIA AND A PROPOSAL FOR THEIR EMPIRICAL REDEFINITION YUNSIEG P. KIM* & JOWEI CHEN† What are “traditional” districting criteria? The meaning of that term is critical to curbing abusive districting practices because adherence to traditional criteria grants districting plans a prima facie impression of constitutionality and serves as a strong defense to racial gerrymandering claims. Yet, the Supreme Court has never intelligibly defined “traditional” districting criteria or its indicative qualities. Exploiting this silence, various actors are attempting to define that term in service of their own interests, usually at the expense of the public’s. For example, legislatures pushing redistricting plans that would advantage certain parties or incumbents claim that those districting goals are “traditional”—and therefore must be judicially protected—by relying on anecdotal examples of a state having used them. This Article proposes a definition of “traditional” districting criteria that would both reduce such abuse and adhere to a commonly understood meaning of that word: widely accepted as standard practice. Under this alternative, which we call the empirical definition, a criterion is “traditional” only if a majority of states require or allow it and fewer than a quarter prohibit it in state constitutions, statutes, or legislative guidelines. According to the empirical definition and our database of the fifty states’ redistricting laws, compactness, contiguity, equal population, and preserving county and city boundaries are traditional criteria. Among others, partisan advantage, incumbent protection, and preserving communities of interest are nontraditional. The empirical definition would not only curb abusive districting but also reduce the influence of undesirable judicial activism by binding judges’ discretion to an objectively discernible definition of “traditional” criteria.
  • How Partisan Gerrymandering Limits Voting Rights by Alex Tausanovitch and Danielle Root July 8, 2020

    How Partisan Gerrymandering Limits Voting Rights by Alex Tausanovitch and Danielle Root July 8, 2020

    How Partisan Gerrymandering Limits Voting Rights By Alex Tausanovitch and Danielle Root July 8, 2020 Every 10 years, each U.S. state redraws its electoral districts—lines on a map that have serious real-world consequences. If districts are drawn fairly, then the public can elect representatives who reflect the views of the population as a whole. But if the district lines are manipulated through partisan gerrymandering, then the legislature will be untethered from the popular will. The Center for American Progress has published a series of reports that analyze how partisan gerrymandering affects issues from gun violence prevention to access to health insurance to policies that are important to children and families.1 This issue brief explores how gerrymandering affects voting rights. In recent years, gerrymandered legislatures have pioneered other tools to stay in power, including making it harder for voters who oppose them to cast a ballot. It is a power grab on top of a power grab. Fortunately, both of these interrelated problems—gerrymandering and limits on the right to vote—are fixable. Indeed, citizens across the country seem to be fired up about reform.2 This could be the political moment to solve these problems and get American democracy back on track. This issue brief examines the only four states where, after the 2018 elections, the party that won a majority of state legislative seats received only a minority of the total statewide vote: North Carolina, Michigan, Pennsylvania, and Wisconsin. Because of gerrymandering, these four states dramatically failed a basic test of democracy—votes did not translate into political power.
  • RUCHO V. COMMON CAUSE

    RUCHO V. COMMON CAUSE

    (Slip Opinion) OCTOBER TERM, 2018 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus RUCHO ET AL. v. COMMON CAUSE ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA No. 18–422. Argued March 26, 2019—Decided June 27, 2019* Voters and other plaintiffs in North Carolina and Maryland filed suits challenging their States’ congressional districting maps as unconsti- tutional partisan gerrymanders. The North Carolina plaintiffs claimed that the State’s districting plan discriminated against Demo- crats, while the Maryland plaintiffs claimed that their State’s plan discriminated against Republicans. The plaintiffs alleged violations of the First Amendment, the Equal Protection Clause of the Four- teenth Amendment, the Elections Clause, and Article I, §2. The Dis- trict Courts in both cases ruled in favor of the plaintiffs, and the de- fendants appealed directly to this Court. Held: Partisan gerrymandering claims present political questions be- yond the reach of the federal courts. Pp. 6–34. (a) In these cases, the Court is asked to decide an important ques- tion of constitutional law. Before it does so, the Court “must find that the question is presented in a ‘case’ or ‘controversy’ that is .
  • In the United States District Court for the District of Marland Greenbelt Division

    In the United States District Court for the District of Marland Greenbelt Division

    Case 8:11-cv-03220-RWT Document 43-16 Filed 12/07/11 Page 1 of 53 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARLAND GREENBELT DIVISION MS.PATRICIA FLETCHER, ) et al., ) ) Civ. Action No.: RWT-11-3220 ) Plaintiffs, ) ) v. ) ) LINDA LAMONE in her official ) capacity as State Administrator of ) Elections for the state of Maryland; ) And ROBERT L. WALKER in his ) official capacity as Chairman of the ) State Board of Elections, ) ) Defendants. ) _____________________________________) DECLARATION AND EXPERT REPORT OF RONALD KEITH GADDIE, Ph.D. Case 8:11-cv-03220-RWT Document 43-16 Filed 12/07/11 Page 2 of 53 DECLARATION OF RONALD KEITH GADDIE I, Ronald Keith Gaddie, being competent to testify, hereby affirm on my personal knowledge as follows: 1. My name is Ronald Keith Gaddie. I reside at 3801 Chamberlyne Way, Norman, Oklahoma, 73072. I have been retained as an expert to provide analysis of the Maryland congressional districts by counsel for the Fannie Lou Hamer Coalition. I am being compensated at a rate of $300.00 per hour. I am a tenured professor of political science at the University of Oklahoma. I teach courses on electoral politics, research methods, and southern politics at the undergraduate and graduate level. I am also the general editor (with Kelly Damphousse) of the journal Social Science Quarterly. I am the author or coauthor of several books, journal articles, law review articles, and book chapters and papers on aspects of elections, including most recently The Triumph of Voting Rights in the South. In the last decade I have worked on redistricting cases in several states, and I provided previous expert testimony on voting rights, redistricting, and statistical issues.
  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

    1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

    Case 3:18-cv-01865-RS Document 214 Filed 05/30/19 Page 1 of 5 1 XAVIER BECERRA Attorney General of California 2 MARK R. BECKINGTON ANTHONY R. HAKL 3 Supervising Deputy Attorneys General GABRIELLE D. BOUTIN, SBN 267308 4 R. MATTHEW WISE, SBN 238485 ANNA T. FERRARI, SBN 261579 5 TODD GRABARSKY, SBN 286999 NOREEN P. SKELLY, SBN 186135 6 Deputy Attorneys General 1300 I Street, Suite 125 7 P.O. Box 944255 Sacramento, CA 94244-2550 8 Telephone: (916) 210-6053 Fax: (916) 324-8835 9 E-mail: [email protected] Attorneys for Plaintiff State of California, by and 10 through Attorney General Xavier Becerra 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 15 STATE OF CALIFORNIA, et al. Case No. 18-cv-01865-RS 16 Plaintiffs, 18-cv-02279-RS 17 v. 18 NOTICE OF PROCEEDINGS IN WILBUR L. ROSS, et al., RELATED ACTION 19 Defendants. 20 ------------------------------------------------------ 21 CITY OF SAN JOSE, et al., 22 Plaintiffs, 23 v. 24 WILBUR L. ROSS, et al., 25 Defendants. 26 27 28 Case 3:18-cv-01865-RS Document 214 Filed 05/30/19 Page 2 of 5 1 The plaintiffs in the above-captioned cases respectfully provide notice to the Court of 2 proceedings in the related action of State of New York v. U.S. Department of Commerce, 18-CV- 3 2921 in the United States Court for the Southern District of New York (New York action). 4 On May 30, 2019, certain plaintiffs in the New York action filed in the district court a 5 request for an order to show cause whether sanctions or other appropriate relief are warranted in 6 light of new evidence contradicting sworn deposition testimony in that case.
  • Amicus Brief of the Brennan Center for Justice in Support of Petitioners

    Amicus Brief of the Brennan Center for Justice in Support of Petitioners

    IN THE SUPREME COURT OF PENNSYLVANIA NO. 159 MM 2017 League of Women Voters of Pennsylvania, Carmen Febo San Miguel, James Solomon, John Greiner, John Capowski, Gretchen Brandt, Thomas Rentschler, Mary Elizabeth Lawn, Lisa Isaacs, Don Lancaster, Jordi Comas, Robert Smith, William Marx, Richard Mantell, Priscilla Mcnulty, Thomas Ulrich, Robert Mckinstry, Mark Lichty, Lorraine Petrosky, Petitioners, v. The Commonwealth of Pennsylvania; the Pennsylvania General Assembly; Thomas W. Wolf, In His Capacity as Governor of Pennsylvania; Michael J. Stack III, In His Capacity As Lieutenant Governor of Pennsylvania and President of the Pennsylvania Senate; Michael C Turzai, In His Capacity As Speaker of the Pennsylvania House of Representatives; Joseph B. Scarnati III, In His Capacity As Pennsylvania Senate President Pro Tempore; Robert Torres, In His Capacity As Acting Secretary of the Commonwealth of Pennsylvania; Jonathan M. Marks, In His Capacity As Commissioner of the Bureau Of Commissions, Elections, and Legislation of the Pennsylvania Department of State, Respondents. BRIEF OF AMICUS CURIAE THE BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW IN SUPPORT OF PETITIONERS On Consideration from the Commonwealth Court of Pennsylvania Civ. No. 261 MD 2017 On the brief: Richard L. Bazelon (PA No. 02505) A. Richard Feldman (PA No. 41329) Laura W. Brill Lisa A. Barton (PA No. 78139) Nicholas Daum Bazelon, Less & Feldman, P.C. Kendall Brill & Kelly LLP One South Broad Street, Suite 1500 10100 Santa Monica Blvd. #1725 Philadelphia, PA 19107 Los Angeles, CA (215) 568-1155 Michael C. Li Attorneys for Amicus Curiae Thomas P. Wolf The Brennan Center for Justice The Brennan Center for Justice at New York University 120 Broadway, Suite 1750 School of Law New York, NY TABLE OF CONTENTS TABLE OF AUTHORITIES ...................................................................................
  • 20200812 DNCC Book V4 Chapter Titles.Indd

    20200812 DNCC Book V4 Chapter Titles.Indd

    Reports of the Credentials Rules Platform Committees to the 2020 Democratic National Convention Tom Perez, Chair Demcratic National Committee 2020 DEMOCRATIC NATIONAL CONVENTION TABLE OF CONTENTS Reports of the Credentials, Rules and Platform Committees to the 2020 Democratic National Convention Standing Committee on Credentials Letter from the Credentials Committee Co-Chairs 5 Membership of the Credentials Committee 6 Credentials Resolutions 9 Standing Committee on Rules Letter from the Rules Committee Co-Chair 19 Membership of the Rules Committee 20 Permanent Officers of the 2020 Democratic National Convention 23 Agenda of the 2020 Democratic National Convention 24 Procedural Rules of the 2020 Democratic National Convention 25 Unity Resolution 35 Statements of the Convention Rules Committee 36 Standing Committee on the Platform Committee Letter from the Platform Drafting Committee Chair 39 Membership of the Platform Drafting Committee 40 Letter from the Platform Committee Co-Chairs 41 Membership of the Platform Committee 42 2020 Democratic Party Platform 45 Acknowledgments 139 Staff 140 TABLE OF CONTENTS | 3 2020 DEMOCRATIC NATIONAL CONVENTION CREDENTIALS COMMITTEE REPORT CREDENTIALS COMMIttEE REPORT | 4 2020 DEMOCRATIC NATIONAL CONVENTION LETTER FROM THE CREDENTIALS COMMITTEE CO-CHAIRS Dear Delegates, The 2020 Democratic National Convention will be unlike any other convention in the modern era due to its virtual format. At the start of the COVID19 pandemic, the Democratic National Committee (DNC) and the Democratic National Convention Committee (DNCC) listened to advice of public health experts and put contingencies in place for a successful convention that would ensure public health was protected. The Credentials Committee is responsible for resolving questions concerning the credentialing and seating of delegates and alternates to the Democratic National Convention.
  • Voting Issues and Representations in Some of the Most Prominent Peer-Reviewed Journals That Examine Voting in Local Elections

    Voting Issues and Representations in Some of the Most Prominent Peer-Reviewed Journals That Examine Voting in Local Elections

    Craig M. Burnett, Ph.D. Vladimir Kogan, Ph.D. 26 Riggs Place Locust Valley, NY 11560 August 29, 2017 RE: Village of Port Chester, NY, RFQ #2017-02 Village of Port Chester 222 Grace Church Street Port Chester, NY 105753 Attn: Janusz Richards, Village Clerk Dear Mr. Richards: We write to you in response to Port Chester's request for qualifications(RFQ #2017-02). As a research team, we have analyzed and ultimately published research on questions relating to local voting issues and representations in some of the most prominent peer-reviewed journals that examine voting in local elections. Our work begins with the premise that all voting systems entail tradeoffs. Indeed, the selection, implementation, and continued use of any electoral method comes with its own set of pros and cons. What makes us unique, however, is that we can bring an academic perspective to the question of which system might provide the best mix of benefits and costs for the Village of Port Chester, informed by empirical research and our own knowledge of the relevant caselaw. As you will see from both of our included curriculum vitaes, we are experts in the field of electoral systems, urban, state, and local politics and representation. Our work relies heavily on the sophisticated use of modern statistical analysis and software to examine large-scale voting datasets. This work includes analysis of Hispanic/Latino voters, minority representation, and compliance with relevant federal laws. We have included a few sample publications with our response that are representative of the nature, scope, and sophistication of the work we can provide the village.
  • Common Cause V. Lewis, 358 F

    Common Cause V. Lewis, 358 F

    C. The 2017 Plans Were Designed Intentionally and Effectively to Maximize Republican Partisan Advantage Within Specific County Groupings ..........................................................................................................109 1. Senate County Groupings ................................................................. 109 2. House County Groupings .................................................................. 149 D. The 2017 Plans Protected the Republican Majorities in the 2018 Elections ............................................................................................................223 E. The 2017 Plans Harm the Organizational and Individual Plaintiffs ............................................................................................................224 1. The 2017 Plans Harm the North Carolina Democratic Party ...................................................................................................... 224 2. The 2017 Plans Harm Common Cause .......................................... 230 3. The 2017 Plans Harm the Individual Plaintiffs .......................... 231 F. Defendants Offered No Meaningful Defense of the 2017 Plans............238 1. No Witness Denied That the Plans Are Intentional and Effective Partisan Gerrymanders ................................................... 238 2. Defendants’ Criticisms of Plaintiffs’ Experts Were Not Persuasive ............................................................................................ 239 3. Dr. Karen Owen’s Testimony on “Representation”