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ALERT: The redistricting process starts NOW. This year, lawmakers across the country will use census data to redraw state and federal legislative districts that will impact voters for at LEAST the next 10 years.Get the facts on redistricting and litigation below
So what exactly is redistricting? Itâs the process of defining the borders of electoral districts. In the U.S., when someone says âredistricting,â theyâre usually referring to the task of drawing new legislative districts every ten years.
Article I of the Constitution describes how the House of Representatives is composed of elected officials based on population. Each state has a certain number of reps in the House relative to its population. But how do we know the population of a state?
To determine the statesâ populations and how many representatives they each have in the House, a total population count is done every ten years, known as the census. Based on census data, states are allocated representatives, with every state having at least 1 rep in the House.
There are currently 435 representatives divided amongst the 50 statesâthe same number of representatives since 1911 (even though the U.S. population has grown significantly and gained two more states since then).
(The House briefly increased to 437 representatives in 1959 when Alaska and Hawaii joined the U.S. but returned to 435 after the 1960 census apportionment.)
After each census, those 435 seats are shuffled based on population changes. States can gain or lose seats or retain the same number. When states are told how many seats theyâll have for the next decade, they begin drawing maps of districts for those repsâthis is redistricting.
So who draws the maps? The default is state legislatures according to the Constitution. But in 2015, #SCOTUS ruled that other entities can redistrict, like independent commissions or appointed officials. Take a look below to see who redistricts your state.
Who controls redistricting is VITAL because how a district is drawn can either significantly amplify or suppress a communityâs representation in Congress. The people behind redistricting can greatly affect other peopleâs lives with the stroke of a pen.
When districts arenât drawn fairly, itâs known as vote dilution or gerrymandering. Vote dilution is when one personâs vote has less impact than a personâs vote in a different district because of the way districts are drawn.
Gerrymandering is the manipulation of redistricting to gain a political advantage. Gerrymandering is how a political party can stay in power without widespread support while suppressing opponents. Vote dilution & gerrymandering go hand-in-hand.
There are two main forms of vote dilution: malapportionment (districts within the same state having different population numbers) and minority vote dilution (when districts are drawn to impede the members of a minority group from electing their preferred candidate).
In the case Wesberry v. Sanders, #SCOTUS ruled that all congressional districts in a state must have roughly the same population in a rule called âone person, one vote.â This stops malapportionment vote dilution, though minority vote dilution still persists via gerrymandering.
Many forms of gerrymandering exist, but weâll focus on two in particular: racial and partisan gerrymandering.
In racial gerrymandering, districts are intentionally drawn to exclude or include communities of color. Communities can be split between multiple districts or concentrated in a few districts in an effort to weaken their voting power.
Racially gerrymandered maps are deliberately drawn to prevent minority voters from electing their preferred candidates or party, in an effort to preserve a white majority. In 1993, #SCOTUS ruled that most racial gerrymandering was unconstitutional in Shaw v. Reno.
Additionally, the Voting Rights Act makes it illegal for states to draw maps that deny a minority group an equal opportunity to elect their preferred candidate. Legal restrictions stop racial gerrymandering, but partisan gerrymandering is used to disenfranchise minority voters.
Partisan gerrymandering is when districts are drawn to benefit a specific political party and increase the partyâs overall share of seats. Partisan gerrymandering takes two main forms: cracking and packing.
âCrackingâ is when members of a specific party are spread among multiple districts to prevent them from forming a majority. For example, the 2011 GOP legislature in Wisconsin âcrackedâ Democratic voters living in the suburbs of Milwaukee by grouping them with large, GOP areas.
âPackingâ is the opposite of cracking and is when voters of a political party are concentrated in a few districts to reduce their voting influence in other districts. In North Carolinaâs 2016 maps, urban areas were packed to reduce Democratic votersâ influence statewide.
While #SCOTUS ruled on racial gerrymandering, they did not do the same for partisan gerrymandering. In the 2019 case Rucho v. Common Cause, the court said that partisan gerrymandering was beyond the scope of the court and refused to rule.
This means that partisan gerrymandering is fair game unless a stateâs constitution strictly prohibits it. Even though voters cannot directly sue states because of partisan gerrymandering, courts still find themselves involved via other types of redistricting lawsuits.
There are many types of lawsuits involving redistricting. One type of lawsuit includes fighting racial gerrymandering. For example, in 2010, the Virginia legislature drew maps that packed Black voters into specific districts to reduce their power and ensure a Republican majority.
Voters sued, and the courts found the maps to be unconstitutional and racially gerrymandered. New fair and equal maps were drawn to represent the stateâs population accurately, and in 2017 the VA House delegation flipped from red to blue.
Another type of lawsuit is known as impasse litigation. This happens when it appears likely that the stateâs legislature and/or governor will NOT agree on a map in time for upcoming elections. In these cases, usually the courts step in to draw new maps on time.
The 3 redistricting lawsuits currently filed in Louisiana, Minnesota, & Pennsylvania are all impasse litigation. In each state, at least one chamber of the legislature/the governor is a different political party than other lawmakers making mutual agreement on maps unlikely.
The timeline for redistricting is already unusual due to delays in census data because of the COVID-19 pandemic, so itâs more critical than ever that maps arenât hindered by partisan fighting.
Itâs not unusual for the courts to be involved in redistrictingâevery cycle many states go to court over unconstitutional gerrymandering, vote dilution or political impasse. Minnesota courts have drawn the stateâs congressional maps since 1970 due to impasses.
Litigation on redistricting is crucial because how the maps are drawn will determine political representation for the next 10 years, how communities are represented on the state and federal levels and what issues will be brought up in Congress.
We know that Republicans will try to grow their power by using redistricting to suppress opponents & draw maps that guarantee their victoryâtheyâve done it many times before. Litigation is a way we stop them, along with pressure & accountability of the officials drawing the maps.
Expect the redistricting processâand the associated lawsuitsâto go on for a while. Some states, like Pennsylvania, have already started redistricting in anticipation of 2022. Other states, like Kansas, wonât start until 2022. The lawsuits will go on for years.
Fair maps are the foundation of equal representation in Congress and our democracy, and itâs worth our time, energy and effort to fight as hard as we can to ensure equal districts. Here are things you can do to support the fight for fair redistricting.
First, read on our explainer on the census and redistricting to make sure you have the background information you need
(And be on the lookout for more explainers on the topic!) https://www.democracydocket.com/2021/04/how-the-census-decides-your-congressperson/
(And be on the lookout for more explainers on the topic!) https://www.democracydocket.com/2021/04/how-the-census-decides-your-congressperson/
Take a look at the current redistricting lawsuits and what voters are asking for
Minnesota: https://www.democracydocket.com/cases/minnesota-redistricting-challenge/
Louisiana: https://www.democracydocket.com/2021/04/voters-sue-for-fair-maps-in-louisiana/
Pennsylvania: https://www.democracydocket.com/cases/pennsylvania-redistricting-challenge/
Minnesota: https://www.democracydocket.com/cases/minnesota-redistricting-challenge/Louisiana: https://www.democracydocket.com/2021/04/voters-sue-for-fair-maps-in-louisiana/Pennsylvania: https://www.democracydocket.com/cases/pennsylvania-redistricting-challenge/
Our friends at @DemRedistrict have a list of ways to get involved, like contacting elected officials, organizing community members, writing op-eds and more. Take a look! https://democraticredistricting.com/get-involved/
https://democraticredistricting.com/get-involved/
While a lot of attention is placed on congressional redistricting, itâs important to remember that redistricting also happens for state legislatures, city councils, school boards and more on the local and state level. If you care about community representation, get involved!
States like California and individual cities like Austin, Texas have opportunities for people to share their input about new maps. If youâre interested in getting involved, contact your local officials to see what role you can play in ensuring fair redistricting.
To stay up to date on the latest in redistricting and litigation, subscribe to the free Democracy Docket newsletter! Weâll send out weekly updates about the latest in voting and redistricting and make sure you have everything you need to know! http://www.democracydocket.com/subscribe-dd/
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