Gerrymandering

Squashing the Praying Mantis: Why Maryland 3rd Should be Redrawn

Election Law Society · January 12, 2018 ·

By: Zach Allentuck

The Washington Post called it the “second-most gerrymandered” district. Its shape is comical and unwieldly. It has been compared to a praying mantis. This is Maryland’s 3^rd Congressional District. Yet, when the topic of gerrymandering in Maryland arises, Maryland’s 6^th Congressional District receives an outsized amount of attention and focus. The focus on the 6^th makes some sense; it is the focus of a federal court case. Certainly, from a lawsuit perspective, focusing on a district where the incumbent lost his seat because of gerrymandering makes more sense than a district where the incumbent kept his seat. However, the 3^rd is still more gerrymandered, because it is a weirder shape and the margin of victory for Democrats in the 3^rd is higher than it is in the 6^th. It is good that both the current governor, Larry Hogan, and the former governor, Martin O’Malley, agree that the gerrymandering in Maryland is bad. However, they should speak out about the 3^rd specifically, because, as stated before, the 3^rd is more gerrymandered, and because it makes more political sense to focus on the 3^rd. The two should draw attention specifically to the 3^rd.

Defining “Compactness”: Meaningless Truism or Gerrymander Slayer?

Election Law Society · March 31, 2017 ·

By: Ben Williams

This past week, an upstart election law reform organization in Virginia garnered national attention for a lawsuit that could redefine the legal strategies of anti-gerrymandering activists across the country. Per Article II, § 6 of the Virginia Constitution, “[e]very electoral district shall be composed of contiguous and compact territory…” (emphasis added). Virginia is not alone in requiring its districts to be compact—a majority of states have such a requirement. But while the word “contiguous” is easily defined (all parts of the district are connected in a single, unbroken shape), the political science community lacks a common understanding of what exactly contiguity is. As a threshold issue, there are two potential ways to measure a district’s compactness: spatially (the physical shape and area of the district) or demographically (calculating the spread of persons within a given district). While many states do not define which of these measures should govern, or if one should be preferred over the other, the Virginia Supreme Court in Jamerson v. Womack said the language of Art. II (cited above) “clearly limits [the Article’s] meaning as definitions of spatial restrictions in the composition of electoral districts.” Thus, one of the key questions the Circuit Court judge and the attorneys in the case had to address was how to measure spatial compactness in Virginia?

A New Efficiency in Maryland: Gill v. Whitford’s Impact on Maryland

Election Law Society · February 12, 2017 ·

By: Zach Allentuck

The recent oral arguments for Gill v. Whitford left court–watchers unsure if the Supreme Court would strike down excessive partisan gerrymandering. Gill v. Whitford’s impact goes far beyond Wisconsin: as previously noted, there is a lawsuit against Maryland’s 6^th Congressional District for excessive partisan gerrymandering. Though the 4^th Circuit declined to throw out the congressional voting map that created the 6^th Congressional District, the case does not end there. The 4^th Circuit wants to wait and see how the Supreme Court rules in Gill v. Whitford before issuing a ruling, and the plaintiffs announced their intent to appeal to the Supreme Court. If the Supreme Court sides with the plaintiffs in Gill, what would happen to the Maryland case?

Crafting Competitive Criteria: The Institution is Critical

Election Law Society · October 5, 2016 ·

By: Benjamin Williams

With the rapid increase in political polarization in recent years, momentum is building in several states to dramatically alter the redistricting process after the 2020 Census. True to the idea of the states being laboratories of democracy, there have been state constitutional amendments in Florida, partisan gerrymandering challenges in Wisconsin, Maryland, and North Carolina, redistricting criteria bills in Virginia, as well as a myriad of racial gerrymandering challenges. But the new idea—based on a blend of Iowa-style and Florida-style redistricting—is to create stringent criteria for legislatures to follow. That idea is simple enough: if the redistricting body (legislature, independent redistricting commission, college students, etc.) is forced to follow strict criteria when redistricting, the result will be “better” districts that aren’t ugly and are more competitive. But does the data actually bear this out?

Why Aren’t Virginia Voters Voting in Year 3 Elections?

Election Law Society · April 4, 2016 ·

By: Melissa Ryan

Virginia holds elections every year in November: Year 1 for Governor (most recently 2013); Year 2 for the U.S. Congress (2014); Year 3 for the Virginia legislature and statewide and local offices (2015); and Year 4 for the President and U.S. Congress (2016).