Senate Redistricting Comments Full Report
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In the United States District Court for the Southern District of Ohio ______) Ohio A
Case: 1:18-cv-00357-TSB Doc #: 1 Filed: 05/23/18 Page: 1 of 44 PAGEID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO __________________________________________ ) OHIO A. PHILIP RANDOLPH INSTITUTE, ) LEAGUE OF WOMEN VOTERS OF OHIO, ) LINDA GOLDENHAR, DOUGLAS BURKS, ) SARAH INSKEEP, CYNTHIA LIBSTER, ) KATHRYN DEITSCH, LUANN BOOTHE, ) MARK JOHN GRIFFITHS, LAWRENCE ) NADLER, CHITRA WALKER, RIA MEGNIN, ) ANDREW HARRIS, AARON DAGRES, ) COMPLAINT ELIZABETH MYER, ERIN MULLINS, TERESA ) THOBABEN, and CONSTANCE RUBIN, ) No. ) Plaintiffs, ) Three-Judge Court Requested ) Pursuant to 28 U.S.C. § 2284(a) v. ) ) JOHN KASICH, Governor of Ohio, ) JON HUSTED, Secretary of State of Ohio, ) KIRK SCHURING, Speaker Pro Tempore of ) the Ohio House of Representatives, and LARRY ) OBHOF, President of the Ohio Senate, in their ) official capacities, ) ) Defendants. ) __________________________________________) Case: 1:18-cv-00357-TSB Doc #: 1 Filed: 05/23/18 Page: 2 of 44 PAGEID #: 2 INTRODUCTION 1. This case is a challenge to Ohio’s current United States congressional redistricting plan (the “plan” or “map”) as an unconstitutional partisan gerrymander that violates the First Amendment, the Fourteenth Amendment, and Article I of the United States Constitution. 2. The current Ohio map is one of the most egregious gerrymanders in recent history. The map was designed to create an Ohio congressional delegation with a 12 to 4 Republican advantage—and lock it in for a decade. It has performed exactly as its architects planned, including in 2012, when President Barack Obama won the state. In statewide and national elections, Ohio typically swings from Democrats to Republicans. In this decade, Republicans have secured 51% to 59% of the total statewide vote in congressional elections. -
Table of Contents
TABLE OF CONTENTS Page TABLE OF AUTHORITIES ..................................................................................................... iii INTRODUCTION ...................................................................................................................... 1 BACKGROUND ........................................................................................................................ 2 ARGUMENT .............................................................................................................................. 5 I. Legislative Defendants Must Provide the Information Requested in the Second Set of Interrogatories ............................................................................................................. 5 II. In the Alternative, or if Legislative Defendants Do Not Provide The Home Addresses By March 1, the Court Should Bar Legislative Defendants From Defending the 2017 Plans on the Basis of Any Incumbency Theory................................. 7 III. The Court Should Award Fees and Expenses and Other Appropriate Relief ..................... 8 CONCLUSION ........................................................................................................................... 9 CERTIFICATE OF SERVICE .................................................................................................. 11 ii TABLE OF AUTHORITIES Page(s) Cases Cloer v. Smith , 132 N.C. App. 569, 512 S.E.2d 779 (1999)............................................................................ 7 F. E. Davis -
The Tea Party in North Carolina: Threat to a New Birth of Freedom
THE TEA PARTY IN NORTH CAROLINA: THREAT TO A NEW BIRTH OF FREEDOM By Devin Burghart and Leonard Zeskind Institute for Research & Education on Human Rights The Institute for Research & Education on Human Rights is responsible for the content and analysis of this report. Additional materials, including updates and exclusive web content can be found at irehr.org. Copyright © 2014 Institute for Research & Education on Human Rights. All Rights Reserved. No Part of this report may be reproduced without the permission of the Institute for Research & Education on Human Rights except for sections quoted with proper attribution for purposes of reviews and public education. The Institute for Research & Education on Human Rights (IREHR) is a national organization with an international outlook examining racist, anti-Semitic, white nationalist, and far-right social movements, analyzing their intersection with civil society and social policy, educating the public, and assisting in the protection and extension of human rights through organization and informed mobilization. INSTITUTE FOR RESEARCH & EDUCATION ON HUMAN RIGHTS P.O. Box 411552 Kansas City, MO 64141 voice: (816) 474-4748 email: [email protected] website: www.irehr.org Contents Preface by Rev. Dr. William J. Barber II 1 Foreword: Exposing the Hard Right's Bag of Tricks Against Poor and Working 2 White People by Alan McSurely Introduction 4 Inside the Tea Party in North Carolina 7 Tea Party Membership in North Carolina 10 North Carolina Tea Party Chapters 18 Beyond Policy: North Carolina Tea Party’s -
NAACP Voter Guide: Who’S with You?
NAACP Voter Guide: Who’s With You? ELECTIONS HAVE CONSEQUENCES The Republican legislators who now control the NC General Assembly got elected in 2010 when most voters stayed home. They redrew their districts to make it easier to get re-elected in 2012. Then they passed dozens of laws that hurt North Carolina: they gave tax breaks to the rich but big cuts to public education, health care, unemployment assistance, and more. They also want to make it harder for you to vote. It all began in 2010 when they won with support from just 1 out of 4 eligible voters, because most voters didn’t show up. DON’T SIT OUT 2014! Tell others: Vote! Elections Matter! Photo by Phil Fonville U.S. SENATE CONTEST U.S. HOUSE CONTESTS The winner of the U.S. Senate contest in NC could SEE THE MAP BELOW FOR YOUR CONGRESSIONAL DISTRICT determine which political party controls the Senate. Vote in your district’s contest. See more districts on the next page The Senate can block the President’s appointments Republican candidates appear first in each partisan race on the ballot. for the U.S. Supreme Court and other courts; it also Current Members are in color: Republicans and Democrats. adopts laws and the U.S. budget affecting everyone. District 1 (choose one) District 2 (choose one) ARTHUR RICH (R) G.K. BUTTERFIELD (D) RENEE ELLMERS (R) CLAY AIKENS (D) Republican THOM TILLIS Democrat KAY HAGAN “Take steps to increase Strong supporter of “Limit the growth of the “Fight for North Caro- respect for educators” Affordable Care Act federal government.” linians, not a party.” NC House Speaker Thom Tillis is running against U.S. -
How an Outdated Electoral Structure Has Led to Political Polarization in the United States
The United States Election System: How an Outdated Electoral Structure has led to Political Polarization in the United States by Jake Fitzharris A THESIS submitted to Oregon State University Honors College in partial fulfillment of the requirements for the degree of Honors Baccalaureate of Science in Political Science and Psychology (Honors Associate) Presented January 24, 2019 Commencement June 2019 AN ABSTRACT OF THE THESIS OF Jake Fitzharris for the degree of Honors Baccalaureate of Science in Political Science and Psychology presented on January 24, 2019. Title: The United States Election System: How an Outdated Electoral Structure has led to Political Polarization in the United States. Abstract approved:_____________________________________________________ Christopher Nichols Political Polarization in the United States is at a level higher today than at any point in the past few decades. Possible causes of this rise in polarization have been provided from various sources, including explanations such as mass media and income inequality. Through historical analysis and a wide literature review, this thesis explores a major factor in political polarization, the United States election system. The thesis argues that the election system in the United States exacerbates the intensely polarized political climate of the modern day United States in three main ways: the electoral college, which produces the persisting two party system, primary elections, which reinforce extreme candidate views, and districting, which tends to increase politically uniform districts and lead candidates to position themselves at the poles rather than in the center. The thesis concludes that the only way to eliminate political polarization stemming from all of these sources would be to implement a unique proportional representation system for the United States. -
Volume 8 Issue 3 8 Issue Volume 2019 Fall
Birmingham City School of Law BritishBritish JoJournalurnal ofof British Journal of American Legal Studies | Volume 7 Issue 1 7 Issue Legal Studies | Volume British Journal of American British Journal of American Legal Studies | Volume 8 Issue 3 8 Issue Legal Studies | Volume British Journal of American AmericanAmerican LegalLegal StudiesStudies VolumeVolume 87 IssueIssue 31 FallSpring 2019 2018 ARTICLES SPECIAL ISSUE MERICAN OLITICS ISTORY AND AW ROSS ISCIPLINARY IALOGUE AFounding-Era P Socialism:, H The Original L Meaning: A C of the -Constitution’sD Postal D Clause Robert G. Natelson PapersToward presentedNatural Born to a Derivative conference Citizenship hosted by the Centre for American Legal Studies, BirminghamJohn Vlahoplus City University and the Monroe Centre, Reading University with the support of the Political Studies Association (PSA) ECN NetworkFelix Frankfurter and the American and the Law Politics Group and held at Birmingham City University on Monday,Thomas 30th HalperJuly 2018. SpecialFundamental Issue Editor:Rights Drin EarlyIlaria AmericanDi-Gioia, BirminghamCase Law: 1789-1859 City University Nicholas P. Zinos The Holmes Truth: Toward a Pragmatic, Holmes-Influenced Conceptualization of the Nature of Truth Jared Schroeder Politics and Constitutional Law: A Distinction Without a Difference Robert J. McKeever Acts of State, State Immunity, and Judicial Review in the United States Zia Akthar A Legacy Diminished: President Obama and the Courts Clodagh Harrington & Alex Waddan A Template for Enhancing the Impact of the -
2017 District Map.Pages
Alleghany Gates 1 Ashe 91 32 65 5 Currituck 90 Surry Stokes Caswell Northampton North Carolina’s 93 Rockingham 2 Warren 32 91 65 Person Hertford 5 94 Vance 32 65 27 5 PasquotankCamden Granville 93 Halifax 1 Watauga Wilkes 74 House Districts 74 Forsyth Yadkin 1 1 72 62 Orange 50 2 7 Perquimans 85 73 59 25 Bertie Mitchell Avery 73 79 57 7 71 75 63 Franklin 5 December 2016 85 58 Chowan 75 60 Alamance 50 31 87 118 Durham50 Nash Caldwell Davie 80 60 Guilford 40 Yancey Alexander 61 25 23 Madison 73 64 29 118 84 79 56 30 49 25 Edgecombe 6 Tyrell 34 35 86 81 70 Martin Washington 1 Iredell Wake Davidson 11 38 23 Burke 96 54 41 118 115 85 39 Buncombe 33 24 McDowell 77 Randolph Chatham Wilson 24 Catawba 36 8 Dare Haywood 114 112 Rowan 6 89 80 95 78 37 26 10 Pitt 6 Swain 116 76 8 119 119 54 97 Lincoln 10 9 118 112 Johnston Greene Beaufort Graham 98 76 Lee 117 51 Hyde 120 Rutherford 67 78 51 28 12 119 Henderson 110 107 Cabarrus Harnett 6 Jackson Polk Cleveland 108 82 53 Wayne 3 113 Gaston 101 106 Stanly Montgomery Moore 12 113 113 111 83 67 21 4 Cherokee Macon Transylvania Mecklenburg99 4 10 3 Lenoir 12 120 109 100 66 52 Craven 120 Clay 88 103 3 45 10 120 102 Pamlico 92 104 22 66 66 43 105 69 42 Cumberland 13 Union 44 Sampson Jones 68 55 Richmond Hoke 4 •Alamance County: Steve Ross (63), • Chatham County: Robert Reives (54) Anson 13 •Gaston County: Kelly E. -
EXPOSED:The State Policy Network
EXPOSED: The State Policy Network The Powerful Right-Wing Network Helping to Hijack State Politics and Government CENTER FOR MEDIA AND DEMOCRACY | ALECEXPOSED.ORG November 2013 ©2013 Center for Media and Democracy. All rights reserved. No part of this document may be reproduced or utilized in any form or by any means, electronic or mechanical, including photography, recording, or by information exchange and retrieval system, without permission from the authors. Center for Media and Democracy ALECexposed.org | PRWatch.org | SourceWatch.org 520 University Avenue, Suite 260 Madison, WI 53703 | (608) 260-9713 (This publication is available online at ALECexposed.org) CMD, publisher of ALECexposed.org, PRWatch.org, and SourceWatch.org, has created a clearinghouse of information on the State Policy Network at sourcewatch.org/index.php/Portal:State_Policy_Network and a reporter’s guide to SPN at prwatch.org/node/11909/. Please see these online resources for more information. This report was written by Rebekah Wilce, with contributions by Lisa Graves, Mary Bottari, Nick Surgey, Jay Riestenberg, Katie Lorenze, Drew Curtis, and Sari Williams. This report on SPN is also part of a joint effort with Progress Now called www.StinkTanks.org, which includes information about what citizens can do in response to SPN's secretive influence on the state laws that affect their lives. Contents Introduction ....................................................................................................... 1 SPN’s Founding and Role in the National Right-Wing -
The Great Gerrymander of 2012 - Nytimes.Com
The Great Gerrymander of 2012 - NYTimes.com http://www.nytimes.com/2013/02/03/opinion/sunday/the-great-g... February 2, 2013 The Great Gerrymander of 2012 By SAM WANG HAVING the first modern democracy comes with bugs. Normally we would expect more seats in Congress to go to the political party that receives more votes, but the last election confounded expectations. Democrats received 1.4 million more votes for the House of Representatives, yet Republicans won control of the House by a 234 to 201 margin. This is only the second such reversal since World War II. Using statistical tools that are common in fields like my own, neuroscience, I have found strong evidence that this historic aberration arises from partisan disenfranchisement. Although gerrymandering is usually thought of as a bipartisan offense, the rather asymmetrical results may surprise you. Through artful drawing of district boundaries, it is possible to put large groups of voters on the losing side of every election. The Republican State Leadership Committee, a Washington-based political group dedicated to electing state officeholders, recently issued a progress report on Redmap, its multiyear plan to influence redistricting. The $30 million strategy consists of two steps for tilting the playing field: take over state legislatures before the decennial Census, then redraw state and Congressional districts to lock in partisan advantages. The plan was highly successful. I have developed approaches to detect such shenanigans by looking only at election returns. To see how the sleuthing works, start with the naïve standard that the party that wins more than half the votes should get at least half the seats. -
Confidential - Subject to Protective Order NCDP OO32308
From: Robert Howard Sent: Thursday, April 26, 2018 11:14 AM To: [email protected] Cc: Morgan Jackson Subject: RE: Reuters inquiry Attachments: BTM Target Memo Brandedpdf Hi L etitia—— Good c hattingjust now. Attached is targets memo i mentioned onthe phone. I’m also cc’ing Morgan Jackson, Break the Majority's chief strategist, who can walk you through a bit how things look down here. Morgan recently gave a press briefingn o the state of things, so he can walk you through that as weil. And d on’thesitate to shout if I can help out any further. Thanks, Robert Robert H oward 832—457-7107 @Robe r tWHoward From: L [email protected] <Letitla.Steln@thomsonreuterscom) Sent: W ednesday,April 25, 2018 6:39 PM To: R obertHoward <[email protected]> Subject: RE: Reuters inquiry Yes, t hatsounds good. i have a meeting from 11:12:30 but am otherwise around. Leok forward to speaking! From: R obertHoward [maiito:RobertHoward@mgemg;i-atigpaLtygrg] Sent: W ednesday,April 25, 2018 5:59 PM To: S tein,Letitia (Reuters) Subject: RE: Reuters inquiry Great, l et’schat in the morning. i have a 10am but could call you after that? From: L [email protected] <[email protected]> Exhibit 9 Sent: W ednesday,April 25, 2018 5:16 PM M Jackson To: R obertHoward <[email protected]> 5 /15/19 Subject: RE: Reuters inquiry Rtportlr. Eileen Dar-m Thanks! l’m free now until about 6, or could talk in the morning. My cell is 813—310—0904. -
2017 Environmental Bills of Note, As of April 21, 2017
2017 environmental bills of note, as of April 21, 2017 As of Friday, April 21, the deadline for introduction of most bills has passed in the NC Senate, and for non-money bills has passed in the NC House (tax, fee, and appropriation bills can still be introduced in the House through April 25). This summary includes a number of the more significant environment-related bills in both chambers. To see a bill’s current status, please visit the NC General Assembly website, http://www.ncleg.net/, and enter the bill number (eg H200, or S171) at the search box at the top of the page. Bill & sponsors Summary Impact/ status Overarching H312, Clarify Rules Review Adds one word to the authorizing statute of the Rules Review Commission, to give RRC Bad. In House State & Commission Review. Dennis Riddell authority to reject any project rule that is not ‘clearly’ within the authority of the issuing Local Govt, seq referral to (Alamance-R); John Bradford agency. Seems intended to reduce agencies’ discretion to interpret their authority. House Judiciary III. (Mecklenburg-R); Chris Millis (Pender-R). H379, Task Force on Regulatory Establishes a Joint Legislative Task Force on Regulatory Reform to solicit proposals to Passed House 3/28; Reform. Dennis Riddell (Alamance-R), streamline and eliminate regulations, and submit a final report to the NCGA by in Senate Rules. Chris Millis (Pender-R), John Bradford December 31, 2018, in time for the next biennium. (Mecklenburg-R), Brenden Jones (Johnston-R); 7 cosponsors. H705, EMC Oversight of DEQ Studies. Adds to the organic duties of the Environmental Management Commission (EMC) to House Regulatory Reform. -
Jurisdictional Statement ______
No. ______ In the Supreme Court of the United States ________________ ROBERT A. RUCHO, et al., Appellants, v. COMMON CAUSE, et al., Appellees. ________________ On Appeal from the United States District Court for the Middle District of North Carolina ________________ JURISDICTIONAL STATEMENT ________________ PHILLIP J. STRACH PAUL D. CLEMENT MICHAEL D. MCKNIGHT Counsel of Record OGLETREE, DEAKINS, ERIN E. MURPHY NASH, SMOAK & ANDREW C. LAWRENCE STEWART, P.C. KIRKLAND & ELLIS LLP 4208 Six Forks Road 655 Fifteenth Street, NW Suite 1100 Washington, DC 20005 Raleigh, NC 27609 (202) 879-5000 [email protected] Counsel for Appellants Robert A. Rucho, David R. Lewis, Timothy K. Moore, and Philip E. Burger March 12, 2018 QUESTIONS PRESENTED In 2016, a three-judge district court invalidated two districts in North Carolina’s 2011 congressional districting map on racial gerrymandering grounds and ordered the General Assembly to enact a new map within 14 days. The General Assembly complied, only to have the 2016 map challenged on partisan gerrymandering grounds. In the decision below, a three-judge district court once again invalidated North Carolina’s duly enacted congressional map, becoming just the second court since Vieth v. Jubelirer, 541 U.S. 267 (2004), to purport to divine a justiciable test for partisan gerrymandering and to order a State to draw a new map. Although the plaintiffs here proceeded only on a “statewide” partisan gerrymandering theory, challenging the 2016 map as an undifferentiated whole, the court concluded that all plaintiffs have suffered sufficient injury-in-fact to press their challenges. On the merits, the court not only held that the 2016 map violates the Equal Protection Clause and the First Amendment, but also became the first court ever to invalidate a redistricting map under the Elections Clauses of Article I.