partisan gerrymandering

Bready or Not: Texas, 2022 Redistricting, and Donut-Shaped Districts

Election Law Society · March 9, 2022 ·

It has been ten years, a decennial census, and the Republican-controlled Texas legislature has redrawn the state maps, with incumbents finding themselves drawn out of their own districts and would-be challengers finding paths to success becoming narrower, donut- and donut-hole districts, and a flurry of legal and public pushback against the announced maps.

Incumbent Representative Vicente Gonzalez, whose district pre-redistricting was the Rio Grande Valley’s District 15, has announced his intent to run in the new District 34 – in part because his home is in the new district’s boundaries. In north Texas, similar issues are taking place: Salman Bhojani, a Democratic candidate for Texas Senate District 9 since May 2021, recently announced the end of his campaign after the redrawn maps completely changed District 9 from a competitive one to a safe Republican district. And when redrawing lines, even the party in charge cannot always avoid collateral damage, as in the odd case of District 34 losing six Republican-leaning counties to an adjacent district, just as the Republican Party had been making meaningful headway and the long-term Democratic incumbent was retiring. However, incumbent district-jumping isn’t new, at least for Texas. Longtime Congressman Lloyd Doggett, first elected to Congress in 1995, has already survived redrawing and jumping into new districts, and is looking to do so again with a jump from District 35 to District 37.

Ohio: Will Redistricting Remove Its “Swing State” Status?

Election Law Society · March 4, 2022 ·

By: Jayde Morgan

With the exception of the last few years, Ohio had always seemed to fall firmly into the category of a “swing-state.” In 2016, it was seen as a vital state for either candidate to claim victory over. However, since 2016, Ohio has come to be seen as a firmly Republican-held state. Some have gone so far as to claim that Ohio should no longer be on the roster of states that Presidential candidates should visit and attempt to win. This is a marked change from 2012 when former President Barack Obama won 50.1% of the vote and United States Senator Sherrod Brown won 50.3% of the vote.

At that time, the Ohio government was divided with a Republican governor, one Republican Senator, one Democratic senator, a Republican House of Representatives, a Republican State Senate and State House of Representatives, but ultimately voted for Democrat, Barack Obama in the presidential election. Comparatively, Republican President Donald Trump received 53.3% of the votes in the 2020 election and Republicans gained a supermajority in the House of Representatives.

With Ohio becoming a staunchly conservative state, it seems inevitable that redistricting would reflect this trend. The Brennan Center recently filed a lawsuit to force the Ohio Redistricting Commission to redraw maps that they claim are “a master class in how to achieve a one-party state” or, in other words, the result of an effort to further solidify the Republican supermajority in the once “purple” state. The lawsuit was filed on Monday, September 27, 2021 and focuses on the alleged violation of equal protection and associational rights and the prohibition of partisan gerrymandering. Though gerrymandering is not a new concept in Ohio, many were outraged that the alleged extreme partisan gerrymandering came on the heels of a 2015 constitutional amendment that was specifically created to reduce partisan gerrymandering.

Louisiana Redistricting: Bipartisan or Power Struggle?

Election Law Society · January 24, 2022 ·

By: Nick Brookings

With the 2020 Census completed, time has come for states to officially begin the redistricting process. This once a decade process is hugely important as cleverly planned districts can make all the difference in a state legislature by guaranteeing one party a majority for years to come. With the divisive decision of Rucho v. Common Cause in 2019, the court ruled that partisan gerrymandering claims “present political question beyond the reach of the federal courts.” With this decision a federal hurdle in the way of gerrymandering has been cleared, signaling that the gerrymandering possibilities are open as long as federal racial gerrymandering standards are met. Redistricting is always hugely impactful for state and federal legislatures, and the dominant parties of each state, or redistricting commissions, are rushing to create their plans.

“Colorful Colorado”: State Redistricting Maps In The 2020 Election

Election Law Society · November 15, 2021 ·

By: Weston Zeike

“Colorful Colorado” is one nickname of the “Centennial State.” Perhaps it’s fitting, then, that the state has been making headlines on the way it decided to color in its maps during the 2020 redistricting process.

Redistricting reform has received increasing attention in recent years, with Colorado being no exception to the national trend. In 2018, Colorado voters amended the Colorado Constitution to task an independent redistricting commission with drawing lines. Requiring 55% of the vote while receiving over 70%, these amendments gave the new independent redistricting commission authority to draw both state and congressional lines. Three years after the vote (and only months after the release of the requisite decennial census data release), we have a final congressional redistricting plan drawn by the commission.

Independent (Advisory) Commission: Utah State Legislators Gradually Loosen Grip on Redistricting

Election Law Society · November 12, 2021 ·

By: Maxfield Daley-Watson

After the 2010 census, Utah gained one congressional district, giving the state a total of four federal congressional seats. In 2011, when the state drew its new legislative map, the process was conducted by the state’s Republican controlled legislature. This process resulted in the creation of three heavily conservative districts and one Republican leaning district. In 2018 voters narrowly approved Proposition 4, a ballot initiative directed at creating an independent bipartisan commission with the intention of creating fairer maps. The plan for this independent commission was then edited and eventually implemented through the passage of Senate Bill 200. As a result, SB 200 appropriated 1 million dollars for the independent redistricting commission. In a less positive move, the bill also shifted the independent commission to an advisory role with the ability to draft maps that are then voted on by the state legislature. This is possible because Utah allows the state legislature to amend any enacted statute with a simple majority vote. According to Better Boundaries, the organization behind Proposition 4, the impetus for the legislative overhaul on the redistricting commission centered around the unwillingness of state law makers to place a prohibition on partisan gerrymandering in the redistricting process. Furthermore, the Utah Constitution vests redistricting power in the hands of the legislature, which added an additional wrinkle to the implementation of Proposition 4.