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Independent Redistricting

A Case Study in Independent Redistricting – Washington State

Election Law Society · February 10, 2023 ·

By Megan Bodenhamer

Any native of Washington State knows, first-hand, the degree of political polarization that exists in the state. The western part of Washington State encompasses the most heavily populated and liberal part of the state, including Seattle and the rest of King County. In contrast, the eastern part of the state is much more conservative and rural. This split makes politics in the state especially contentious and divisive. Interestingly, as a result of this stark geographical and cultural divide, the eastern part of Washington State has threatened to secede and create its own state quite frequently throughout history. 

This split political climate forms the background for all legal and political issues in the state. This is especially true for election laws and redistricting. In most states, politicians or legislatures draw the maps for state elections. In other words, the politicians whose job security depends on elections are the same people who draw the districts that determine the outcome of elections. In places like Washington, where political opinions are deeply entrenched and divisive, this can be problematic. In thirty-four states, districting for state elections is done predominately by state legislatures. Washington is just one of fourteen states that has an independent districting commission. The remaining two states have a hybrid model. 

The body that draws maps in Washington is called the Washington State Redistricting Commission, which is a board made up of five commissioners. Four of the commissioners are selected by the majority and minority leaders in each chamber of the state legislature. These four commissioners, then, vote on a fifth commissioner who serves as the non-voting chair. The non-voting chair’s role is to establish areas of common ground and facilitate compromise. This results in a bi-partisan commission with two seats for the Democratic Party and two seats for the Republican Party, who decide the fifth, non-partisan chair together. This makes Washington unique because it is only one of nine states with a non-politician districting commission. This means that commissioners may not have been elected as a district, county, or state party officer, nor may they have been another type of elected official within two years of appointment to the commission. Additionally, commissioners may not have been a registered lobbyist within one year of appointment. There are also requirements during a commissioner’s appointment. Commissioners may not campaign for elected office or participate in or donate to any political campaign for state or federal elected office. For two years following their service, commissioners may not hold or campaign for congressional or state legislative office. 

In a staunchly divided state like Washington, it would seem beneficial to have a non-politician and bipartisan districting commission. However, it is questionable whether these requirements actually prevent political gamesmanship and gerrymandering. First, the prohibition on politicians is not a difficult hurdle to overcome. Two years without running for public office hardly prevents someone with political motivations or budding political ambitions from being selected to the commission. Further, because commissioners are selected by state legislatures, they are likely colleagues or affiliates of politicians, not far-removed non-partisan individuals as is required. Further, because the majority and minority leaders each get to pick a representative, it is likely they will pick a commissioner that represents their political ideations. Being selected by a group of politicians is not altogether different from the leaders appointing a politician to the commission.

The Washington State Redistricting Commission has not been without its flaws. The Commission was unable to come to a consensus and meet its November 15, 2021, deadline to draw district maps. Instead, the Washington State Supreme Court was tasked with drawing the state’s new legislative maps. In March of this year, the chair of the commission, Sara Augustine, resigned from her position. Her decision came after the commission failed to intervene in a lawsuit regarding its own maps. She claims that in failing to defend the maps, state authorities have undermined the compromise that went into creating maps that protect the public interest. Moreover, the Commission is under suspicion for conducting their deliberations of map drawing in private, in violation of a Washington law called the Open Public Meetings Act. This act requires all meetings of governing bodies of public agencies be open to the public. Clearly, the realities of bipartisan map drawing are not as idyllic as they may seem on paper.

While the basis of a non-politician and bipartisan districting commission sounds like a modern solution to districting issues, Washington State is an important case study testing out this theory. While the Commission may not have been wholly successful, it will be interesting to see how Washington approaches its next redistricting. If Washington, with its intense political polarization, can find a way to manage bi-partisan and apolitical districting, perhaps the rest of the nation could follow its lead. 

Dead on Arrival: Oklahoma’s State Question 804

jaboone · November 20, 2020 ·

By: Parker Klingenberg

The Oklahoman citizen group People Not Politicians, backed by the Women Voters of Oklahoma, led the charge earlier this year to get State Question 804, also known as the Independent Redistricting Commission Initiative, on the ballot for Oklahomans voting on November 3, 2020. State Question 804 would have laid out a new framework for drawing both state and federal district lines, complying with both federal law and numerous other criteria. These lines would be drawn not by the state legislature like in the past, however, but would be drawn by a newly created Independent Redistricting Commission consisting of three members of the majority party, three members of the minority parties, and three non-party affiliated members. State Question 804 will not be on the ballot, however. The Oklahoma Supreme Court blocked it based on the grounds that the “gist,” or the summary that would appear to citizens during the process of gathering the required signatures to get on the ballot, was not “sufficiently informative to reveal its design and purpose.” Specifically, the gist failed to properly inform citizens that the ballot initiative was designed to stop partisan gerrymandering, and how the proposed committee would do so. While Oklahomans were not able to decide in November whether they want to vote for or against this proposal, it still raises interesting issues about Oklahoma’s future.

[Read more…] about Dead on Arrival: Oklahoma’s State Question 804

Electoral Competitiveness in Washington State – Part Two

Election Law Society · January 17, 2018 ·

By: Rachael Sharp

As established in Part One, a facial analysis of two possible measures of competitiveness – margins of victory and incumbent reelection rates – seems to indicate that Washington’s independent redistricting commission has not been especially successful at accomplishing its mandated goal of creating competitive elections in the state. However, this analysis may not be dispositive as a judgement against the success of the commission as a whole. In fact, the lack of change in the metrics of competitiveness analyzed in Part One also may actually be an indicator of the commission’s success in other ways.

[Read more…] about Electoral Competitiveness in Washington State – Part Two

Electoral Competitiveness in Washington State – Part One

Election Law Society · January 10, 2018 ·

By Rachael Sharp

Prior to 1983, Washington was among the large number of states whose state and national electoral districts were drawn by its state legislature. This arrangement changed in 1983, when a constitutional amendment (as enacted in § 43 of the Constitution) made Washington the third state to have an independent commission conduct its redistricting process. Washington’s commission is a five-person panel made up of two Democratic appointees, two Republican appointees, and one nonvoting chairperson chosen by the four appointees.

[Read more…] about Electoral Competitiveness in Washington State – Part One

South Dakota Redistricting: Legislature or Independent Commission?

Election Law Society · November 5, 2016 ·

By: Bethany Bostron

Along with the extensive campaign finance reform posed by Initiated Measure 22, South Dakotans will be deciding whether to amend the state constitution to have state legislative redistricting conducted by an independent commission. The constitution currently provides that the legislature itself conducts state legislative redistricting. The commission established under Constitutional Amendment T would be comprised of nine registered voters selected by the State Board of Elections in each redistricting year (currently every 10 years). These nine commission members would be selected from a pool of 30 applicants comprised as follows: 10 from the Democratic Party, 10 from the Republican Party, and 10 individuals not registered with either party. Each applicant must be registered or not registered with a party for the three years prior to appointment. Of the nine selected members, no more than three may belong to the same party. Commission members are barred from holding office in a political party or certain local or state offices for the three years before and three years after their appointment. The amendment calls for the new commission to redistrict the state in 2017, 2021, and then every 10 years. The new commission must comply with applicable state and federal law when drawing districts and allow for public comment on the proposed map. Attorney General Marty Jackley’s explanation of the amendment does not state any foreseeable challenges to the change.

[Read more…] about South Dakota Redistricting: Legislature or Independent Commission?

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