merica is an outlier in the quarter century the average number of ing, the possibilities of bipartisan ne- world of democracies when marginal House seats, i.e., those de- gotiation and compromise diminish. it comes to the structure cided within the range of 55 to 45 per- Many observers and participants be- A and conduct of elections. cent, has been a historically low 58 lieve redistricting fuels this polariza- Presidents are elected not by direct (13 percent of all seats), the number tion, by creating safe seats in which popular vote but by 538 members of plummeted after the most recent incumbents have strong incentives to the Electoral College. Votes in federal round of redistricting, reaching 27—6 reflect the views of their party’s most elections are cast and counted in a percent of seats—in 2004. Only four extreme supporters—i.e., those active highly decentralized and variable House incumbents were defeated by in primary elections—and little rea- fashion, with no uniform ballots and challengers in the 2002 general elec- son to reach out to swing voters. few national standards. Responsibil- tion, the smallest number in American ity for overseeing the implementation history. Two years later only seven in- Role of National Party Leaders of election law typically resides with cumbents were defeated. Less than 50 A third development behind the surge partisan officials, many with public of the 435 seats were seriously con- of interest in redistricting reform is stakes in the election outcome. And tested in 2002, many fewer than the the more aggressive actions by na- authority for redrawing legislative number of targets in 1972, 1982 and tional party leaders to orchestrate par- district boundaries after each decen- 1992, the first elections after the previ- tisan gerrymanders in the states. With nial census—in the U.S. House of ous rounds of redistricting. The num- the parties at virtual parity and the Representatives and in state legisla- ber of House seats with a real contest ideological gulf between them never tures—is lodged with political bodies shrank to three dozen in 2004. greater, the stakes of majority control in most of the fifty states. The same pattern is evident in state of Congress are extremely high. The latter has long been a prominent legislative races. A prime illustration Norms that once constrained the be- and much-criticized feature of Ameri- of this phenomenon is to be found in havior of party leaders have collapsed. can politics. Redistricting is a deeply the largest state, , where House Majority Leader Tom DeLay’s political process, with incumbents ac- every incumbent seeking reelection infamous but successful mid-decade tively seeking to minimize the risk to won and not a single seat changed partisan gerrymander in Texas (which themselves (via bipartisan gerryman- party hands in the 2004 congres- cost the Democrats six seats, twice the ders) or to gain additional seats for their sional and state legislative elections. national gain realized by the Republi- party (via partisan gerrymanders). But several recent developments have lent a Ideological Polarization new urgency to this issue and precipi- In addition to the decline in competi- tated the most serious effort to reform tion, American politics today is char- redistricting processes in many years. acterized by a growing ideological po- larization between the two major Decline in Competitive Seats political parties. A healthy degree of One recent development is the sharp party unity among Democrats and Re- decline in the number of competitive publicans has deteriorated into bitter seats in the House and in most state partisan warfare. With the number of legislatures. While during the last moderates in legislative bodies declin- REDISTRICTING

By Thomas E. Mann reform Illustration by Diane Fenster

4 THE NATIONAL VOTER • JUNE 2005 cans in 2004) has set off a potential re- continue to shape our politics no mat- justiciable under the Equal Protection districting arms race. While the Col- ter what initiatives are taken to im- Clause. However, by setting a high orado Republican effort to adopt a sec- prove the process. Redistricting reform threshold for successful challengers ond post-2000 redistricting plan was is no panacea, but it is a start. (“evidence of continued frustration of nixed by the state Supreme Court, the Most states redraw congressional the will of a majority of the voters or ef- party seems to have succeeded in district boundaries through the nor- fective denial to a minority of voters of Georgia, if newly drawn maps are pre- mal legislative process, constrained a fair chance to influence the political cleared by the Justice Department and by standards set by Congress, the process”), the Court rendered this upheld by the courts. Democrats are courts, and state constitutions and standard ineffectual. Only one success- considering retaliatory actions in a statutes. Congress requires states to ful partisan claim—in number of states newly under their po- draw single-member districts. The a judicial election—has been litigated litical control, including New Mexico, courts insist that all districts within under the Bandemer ruling. Illinois and Louisiana. states be of equal population and that Last year the Court returned to this minority votes not be diluted. Most question by considering a case brought Redistricting Reform states have put redistricting standards by Democrats. Its deci- Redistricting reform cannot by itself re- in their constitutions or statutes: con- sion in Vieth v. Jubelirer (2004) ap- verse these trends toward declining tiguity, compactness, adherence to pears to have maintained the status electoral competition, increasing ideo- political and geographical boundaries, quo. While all nine justices acknowl- logical polarization between the parties, and respect for communities of inter- edged that partisan gerrymandering and smash-mouth partisan manipula- est are the most common. However, could be unconstitutional, in rejecting tion of the electoral rules of the game. these state standards suffer from am- the challenge the majority despaired of The country is evenly divided be- biguity, conflict with other standards, finding workable standards for deter- tween the two parties. Most voters have and the absence of effective enforce- mining when it was. Litigation chal- sorted themselves into a party by their ment mechanisms. They have not lenging the Texas mid-decade redis- ideological views, and their decisions been a serious constraint on the tricting plan continues, but the federal on where to reside have promoted a ge- politicians drawing the maps. courts do not appear a promising ographical segregation of like-minded venue for reform. Prospects for coun- citizens—conservatives to the exurbs, Three Options for Reform tering anti-competitive bipartisan liberals to cities. Further- Those seeking to reduce the partisan plans are even bleaker. In past deci- more, partisan attach- and incumbent manipulation of the sions, the Court has explicitly sanc- ments powerfully shape redistricting process have three tioned the protection of incumbency political perceptions, broad options. as a legitimate redistricting objective. beliefs and values, and The first is to persuade Congress to The third and clearly most promis- incumbents enjoy ad- adopt additional standards for redis- ing avenue of reform is to change the vantages well beyond tricting by the states. The most promi- process by which states draw legisla- the way in which nent proposal would prohibit more than tive maps. Often facing entrenched op- their districts are a single round of congressional redis- position in state legislatures, reformers configured. All of tricting after the decennial apportion- are increasingly turning to the initia- these forces will ment. As long as Rep. Tom Delay, the tive process to establish independent, chief architect of the Texas redistricting nonpartisan redistricting commissions. plan, remains majority leader, this idea Six states—, , , is likely to go nowhere. The interesting , and Washing- question is how a Democratic majority ton—already invest commissions with in Congress might react to it. a first and final authority for congres- A second option for reformers is to sional redistricting. Another, Indiana, convince the courts to find gerryman- uses a commission as a backup if the dered plans unconstitutional. In Davis normal legislative process fails to pro- v. Bademer (1986) the Supreme Court duce a plan. Two other states, Maine ruled that partisan gerrymandering is and Connecticut, use commissions in

THE NATIONAL VOTER • JUNE 2005 5 an advisory capacity: their plans must Model for Reform draft and qualify initiatives for state be approved by the legislature before Arizona has become a prototype for ballots. The League of Women Voters taking effect. One state, Iowa, delegates current reformers. The state’s indepen- at the state level has been active, too authority for drafting redistricting dent redistricting commission was es- (see p. 7). Twenty-four states allow plans to a nonpartisan legislative sup- tablished by popular initiative in 2000. citizen initiatives on their ballots, and port staff agency, which operates under Four members (two from each party) efforts are underway in , a “veil of ignorance” with respect to the are appointed by state legislative lead- Florida, Massachusetts and to addresses of incumbents, partisan affili- ers from a pool approved by a judicial adopt redistricting commissions. In ation of voters and previous election appointments panel. The four ap- states without a provision for popular results. However, the Iowa legislature pointees then select a fifth member initiative, reformers must navigate the retains the authority to put its own (drawn from a comparable pool but not normal state legislative process to al- mark on the ultimate plan. affiliated with either party) to serve as ter the redistricting process. chair. Commission maps are approved Incumbent officeholders and party LWVUS: The national Board has affirmed by majority vote and are not subject to leaders can be expected to oppose that all Leagues may take action under review by the legislature or veto by the these efforts, since they are wary of the LWVUS positions relating to redis- governor. The commission is given ex- changes that might diminish their tricting, “Apportionment,” “Citizen’s plicit standards and procedures to fol- individual reelection prospects or re- Right to Vote,” and “Congress,” and low in drawing redistricting plans. Im- move from their arsenal a weapon should work to achieve three goals con- portantly, these include favoring that might help them achieve or sistent with those positions: competitive districts and not identify- maintain majority control. But these 1. Congressional districts and govern- ing or considering the place of resi- self-interested calculations could ment legislative bodies should be dence of incumbents or candidates. lead to other preferences, depending apportioned substantially on popu- Efforts to adopt some variation of on the particular political circum- lation (“one person, one vote”); the Arizona system are underway in stances in each individual state. In 2. Redistricting should not dilute the a number of states. California Gover- some states, one party or the other effective representation of minority nor Arnold Schwarzenegger has pro- may well conclude that they would citizens; and posed investing redistricting author- fare better with a redistricting com- 3. Efforts that attempt or result in par- ity in a panel of retired judges. If he mission than with the status quo. tisan gerrymandering should be fails to reach agreement with the De- Conditions have improved for a opposed. mocratic legislature, the Governor major reconsideration of the manner Leagues that do not now have a posi- will lead an effort to place an initia- in which legislative boundaries are tion may employ the LWVUS positions tive on the ballot later this year. redrawn. Success depends very immediately, develop their own posi- A number of organizations, includ- much on the level of sustained inter- tions consistent with the overall League ing the Center for Governmental est and engagement by citizens goals, or engage in a concurrence Studies, Demos and Common Cause, across the country, including mem- process to adopt another League’s posi- have issued guidelines for how redis- bers of the League of Women Voters. tion. The LWVUS will advocate for tricting commissions should be reform and support Leagues working structured, members selected, and Thomas E. Mann is W. Averell Har- on redistricting issues by sharing infor- operating standards and procedures riman Chair and Senior Fellow at mation, developing League expertise, established. The devil is often in the The Brookings Institution. and consulting with Leagues on advo- details. Critics have expressed con- cacy, public education, and media out- cerns with draft California initiative reach. The LWVUS is ready to assist language, on grounds that it autho- VOTER LINKS you and would like to hear what your rizes a second, mid-decade redis- ■ www.brookings.org/comm/events/ League is doing, intends to do or wants tricting plan and that its provisions 20040416redistricting.htm to do on redistricting issues. Contact to ensure partisan fairness and com- ■ www.ncsl.org/programs/legman/elect/ the LWVUS Grassroots Lobbyist Angela petitiveness may be inadequate. redist.htm Canterbury: [email protected]. In other states, nonprofit organiza- ■ http://elections.gmu.edu/redistricting.htm tions and unions are taking the lead to

6 THE NATIONAL VOTER • JUNE 2005 independent redistricting commis- Leagues in Action on Redistricting sion, subject to strict guidelines for public participation, nonpartisan- Arizona: After years of work, the Colorado: In the 1970s, the help. The result is a commission that ship, retaining the integrity of exist- League achieved redistricting League led a citizen’s initiative to operates independent of the legisla- ing communities, and respecting the reform in 2000 and the creation of establish an independent reappor- ture, listens to constituencies, and voting rights of minorities. Now the the Citizens Independent Redistrict- tionment commission on state leg- delivers more competitive districts League is urging legislators to join ing Commission. Now the League islative districts that was approved that meet the standards of the the 55 cosponsors of the Indepen- has joined the Commission in by voters. The League believes that Supreme Court of Idaho. dent Redistricting Commission con- defending its proposal. While the the commission has worked well stitutional amendment, filed on case works its way through the and is committed to establishing a Maine: The League’s board has rec- behalf of the League and its Fair Dis- courts, Leaguers continue to moni- similar independent commission ommended to members for consid- tricts Coalition. Redistricting reform tor all Commission meetings and for U.S. congressional districts. eration at convention that this year could make the ballot by 2008. attend court hearings. The League The post-2000 Census congres- the League form a coalition to work successfully lobbied the legislature sional redistricting plan resulted in on achieving a nonpartisan commis- Texas: For over two decades, the for additional funding for the Com- a gerrymandered map that the sion for redistricting. Using LWVUS League has supported the forma- mission, whose funds had been court overturned. Since then, the redistricting-related positions, the tion of a redistricting commission depleted by the legal battle. League has worked in a coalition to board recommends that redistricting with the initial responsibility of for- create an independent commission reform by the 2010 Census be made mulating a redistricting plan desig- California: The League is working for the federal districts. Instead of a Maine League priority initiative. The nating boundaries for congres- to reform redistricting in California placing an initiative on a crowded hope is to use the successful Clean sional districts and state House where the Governor has endorsed 2004 ballot, the coalition decided Elections model to improve Maine’s and Senate districts. The League proposed legislation to reform the to work with the legislature to pass elections process and lend momen- supported the post-2000 census process. Competing bills and cam- a constitutional amendment for tum to nationwide reform efforts. redistricting process by testifying paigns for ballot initiatives are approval by the voters. and helping to educate legislators already underway in case legislation Maryland: Maryland’s constitutional on the League’s positions. When is not passed. The League supports Florida: The League has formed a structure gives the governor respon- the legislature called multiple spe- two measures for redistricting by coalition, the Committee for Fair sibility for drawing up redistricting cial sessions on redistricting to independent commission, and has Elections, to put redistricting plans. After the last census, the redraw the districts already upheld offered to endorse the bill support- reform on the 2006 ballot. It will redistricting plan produced districts by the courts, the League voiced ed by the Governor if a provision gather signatures for a constitu- that were not compact and barely opposition, noting that a valid plan requiring redistricting immediately tional amendment to form an contiguous; the courts threw it out. existed. The Leagues statewide following adoption of the measure independent commission and set After completing its All About Redis- testified at public hearings and is removed. The League has been standards on redistricting. The tricting: A 2004 Study, the League advocated for the de-politicization working in coalition and consulting League expects a long campaign, adopted a position on redistricting by of redistricting. The state approved with the LWVUS on working with but it has a longstanding commit- a nonpartisan appointed commis- the second redistricting plan and the Governor, the legislature and ment to redistricting reform. Pre- sion. Since this requires a constitu- used it in the 2004 elections. The coalition partners to advance the vious efforts failed for lack of tional amendment, the League is League perseveres in its fight to criteria in the state League’s posi- funding; this time the coalition working on introducing and passing reform redistricting in Texas! tion on redistricting: an indepen- has significant funding. legislation in 2005. dent, diverse citizens’ commission : The League continues work to draw the lines for congressional, Idaho: In 1994, the Idaho constitu- Massachusetts: In the last seven on redistricting reform, one of its state senate, state assembly and tion was amended to create an inde- years, Massachusetts has ranked top 10 priorities. This year, League Board of Equalization districts; an pendent commission on redistricting 49th of the 50 states in electoral member, former LWVUS Board open process with information based largely on the League’s posi- competitiveness. While redistricting member, and state legislator Roz readily available to the public and tion. Despite failure to get proposed reform has long been a League pri- McGee again introduced a bill to cre- opportunities for public comment at legislation on the ballot after its stud- ority, recently prospects improved ate a bipartisan redistricting task all stages; fair criteria for drawing ies in 1986, the League succeeded in with established popular support force. The bill failed, but Rep. McGee district lines; and no provision for raising awareness among lawmakers and more legislative advocates. Last will continue to work for passage. “mid-decade redistricting,” i.e., for and the public. It provided an alterna- year, the League worked to pass the drawing new lines before the 2010 tive to the partisan legislative fight non-binding “Fair Districts for Fair Wisconsin: Legislation was recently census. The League believes there that led to proposed redistricting Elections” initiative by more than 67 introduced asking the nonpartisan could be the political and popular plans that were repeatedly contested percent in all districts where it was Joint Legislative Council to develop will necessary to achieve a less par- in court. After a struggle over the on the ballot. It called on state repre- a new redistricting system similar to tisan, fairer, inclusive redistricting 1990 redistricting, the legislative sentatives to support a state consti- Iowa’s. The League supports this process for 2010. leadership turned to the League for tutional amendment to create an proposal as a first step.

THE NATIONAL VOTER • JUNE 2005 7