So Republican legislators changed their strategy. "[297][298][299][300][301], The court ordered the state to draft a new congressional district map by September 1, 2015. Assembly Speaker Robin Vos (R) said, "There are only two things that are certain about this case: it's unprecedented and it isn't over. State Legislative and Congressional Redistricting after the 2010 Census, Population deviations for state legislative districts, How incarcerated persons are counted for redistricting, Lawsuits backed by National Redistricting Commission, State legislative district map challenges, State redistricting timelines following the 2010 census, California Proposition 40, State Senate Redistricting Plan Referendum (2012), Maryland Redistricting Referendum, Question 5 (2012), approved four redistricting ballot measures, California Citizens Redistricting Commission, Arguments for and against restoring Section 5 preclearance under the Voting Rights Act, Redistricting in Alabama after the 2010 census, United States District Court for the Middle District of Alabama, Alabama House of Representatives District 32, Alabama House of Representatives District 53, Alabama House of Representatives District 54, Alabama House of Representatives District 70, Alabama House of Representatives District 71, Alabama House of Representatives District 77, Alabama House of Representatives District 82, Alabama House of Representatives District 85, Alabama House of Representatives District 99, National Democratic Redistricting Committee, United States District Court for the Northern District of Alabama, Redistricting in Alaska after the 2010 census, Redistricting in Arizona after the 2010 census, Arizona State Legislature v. 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At the time, partisan control of the legislature was divided; Democrats held the state Senate while Republicans held the state House. Representative Henry Michaux, Jr. (D), referring to the rule that prevents lawmakers from considering race, said, "How are you going to prove to the court that you did not violate their order in terms of racial gerrymandering? But check out what happens if we draw the districts this way. Judges Denise Hood and Gordon Quist, appointed to the bench by Presidents Clinton and George H. W. Bush (R), respectively, joined Clay's opinion. The Richmond Times-Dispatch described this map as follows:[304], In January 2016, a group of Republican lawmakers, including Representatives Rob Wittman, Bob Goodlatte, J. Randy Forbes, Morgan Griffith, Scott Rigell, Robert Hurt, David Brat, and Barbara Comstock, petitioned the Supreme Court of the United States, asking that the court halt the use of this newly drawn map. On September 29, 2011, the United States District Court for the Western District of Texas "halted the [state House and congressional maps'] implementation and announced its intent to draw its own interim plan if the state did not obtain federal preclearance before the December 2011 opening of the candidate filing period." [We] are grateful the U.S. Supreme Court has quashed judicial activism and rejected an attempt to nullify the votes of North Carolinians in the 2016 legislative elections. It is right and relevant to review past performance in drawing districts." House Minority Leader Darren Jackson (D), referring to the criterion that permits lawmakers to consider incumbency, said "It just seems ridiculous to me that you get to say, 'We will protect the incumbents elected using unconstitutional maps." The legislature made technical corrections to the new congressional and state legislative district maps on November 7, 2011. "[197], Bob Phillips, executive director of Common Cause North Carolina, praised the court's decision: "The court has made clear that partisan gerrymandering violates our state's constitution and is unacceptable. Instead, the court sent the case back to federal district court for further review. The case, filed as Backus v. South Carolina, was appealed to the United States Supreme Court, which upheld the lower court's decision on October 1, 2012. On October 28, 2019, a three-judge panel of the state superior court granted this request, enjoining further application of the 2016 maps. Here's what you need to know about redistricting and how it will affect you for the next decade. On January 7, 2016, this panel unveiled Virginia's new congressional district map and ordered that it be used for the 2016 elections. Their map clearly seeks to benefit one political party, which is the essence of why the court found the current map to be unconstitutional. Study with Quizlet and memorize flashcards containing terms like Congressional Redistricting, Gerrymandering, Reapportionment and more. [145], On December 1, 2017, Persily made his final recommendations. In March 2018, United States Solicitor General Noel Francisco requested that court permit him, on behalf of the federal government, to argue in support of Texas during oral argument on April 24, 2018.[283][284][285][286][287][288][289][290]. Contact your state's liaison to schedule a briefing or to learn more. The court ordered that this plan be adopted by the legislature and signed into law by the governor by November 1, 2017. The breakdown of states that won and lost new seats as a result of congressional reapportionment are as follows:[2], Michael McDonald, of George Mason University, used census data to determine which state legislative districts were most underpopulated and most overpopulated as of the 2010 census. The case, filed as Backus v. South Carolina, was appealed to the United States Supreme Court, which upheld the lower court's decision on October 1, 2012. It determines which party controls Congress and state and local governments across the country. In its ruling, the court wrote the following:[157][158], State Representative David Lewis (R) and State Senator Bob Rucho (R) issued a press release on November 29, 2016, criticizing the order:>, The North Carolina Democratic Party (NCDP) voiced its support of the special elections following the federal order:[159], On December 30, 2016, Republican legislators petitioned the United States Supreme Court to intervene and stay (i.e., suspend) the district court's decision. The governor signed it into law on August 1, 2011. They had a chance to fix their maps and doubled down instead and now the courts will fix it for them." [80], Following the 2010 United States Census, Louisiana lost one congressional seat. The Remedial Plan is superior or comparable to all plans submitted by the parties, the intervenors, and amici, by whichever Census-provided definition one employs. For further details, please click here. With fewer state governments divided by party than in years past, GOP has edge in redistricting. On November 13, 2015, circuit court judge George Reynolds rejected this request, saying, "It appears to me that we just don't have enough time left to engage in any process, other than the one we are currently on. [206][207], Following the 2010 United States Census, Pennsylvania lost one congressional seat. The matter was brought before the New Mexico First Judicial District Court, which issued an opinion establishing new state House district lines on January 3, 2012. [238], Justices Debra Todd, Christine Donohue, Kevin M. Dougherty, and David N. Wecht formed the court's majority. On May 28, 2019, the court approved a remedial plan for House District 90. But it is an intensely political process, and can alter the fairness of elections before any votes are cast. accessibility issues, please let us know. [251], On February 22, 2018, Pennsylvania State Senate Majority Leader Jake Corman (R), Senate State Government Committee Chairman Mike Folmer (R), and Republican congressmen Lou Barletta, Ryan Costello, Mike Kelly, Tom Marino, Scott Perry, Keith Rothfus, Lloyd Smucker, and Glenn Thompson filed suit in the United States District Court for the Middle District of Pennsylvania, seeking an injunction against implementation of the state supreme court's remedial congressional district plan. On December 2, 2019, the court ruled unanimously that elections in 2020 would take place under the remedial maps. On February 23, 2012, the legislature approved amended House district lines, which were in turn signed by the governor. Republicans have complete control over the redistricting process in 20 states, Democrats in 10 states. Larry Sabato, head of the Center for Politics at the University of Virginia, said, "[The remedial map] would nearly guarantee a Democratic takeover of the House of Delegates. On August 24, 2017, the panel voted 2-1 to deny the plaintiffs' request for an injunction against the maps. October 3, 2021 [42][35], The backup commission ultimately failed to reach an agreement and petitioned the Connecticut Supreme Court to appoint a special master to draw the lines. The Kentucky Supreme Court affirmed the trial court's ruling on February 24, 2012. Rather than undertaking such an analysis in this case, the District Court addressed the balance of equities in only the most cursory fashion. [209][47], Following the 2010 United States Census, South Carolina gained a congressional seat. The court did not issue a full decision on the merits, stating that "disruptions to the election process need not occur, nor may an expedited schedule for summary judgment or trial even be needed, should the General Assembly, on its own initiative, act immediately and with all due haste to enact new congressional districts." The panel, comprising Judges Paul C. Ridgeway, Joseph N. Crosswhite, and Alma L. Hinton, while noting that the plaintiffs had "demonstrated a reasonable likelihood of success on the merits of their claims," said issuing a stay at this juncture "would interrupt voting by citizens already underway. Such a plan, aimed at achieving unfair partisan gain, undermines voters ability to exercise their right to vote in free and 'equal' elections if the term is to be interpreted in any credible way. It is at this moment that politicians choose their constituencies, rather than theconstituencies choosing the politicians. Illinois Democrats Map Aims to Grab 2 G.O.P. A C. 10. This decision requires each state to draw its U.S. Congressional districts so that they are approximately equal in population. At the time of redistricting, Democrats controlled the governor's mansion and the New York State Assembly, but Republicans held a majority in the New York State Senate. Under Section 5, certain states and jurisdictions were required to submit to the federal government proposed changes in election laws prior to enactment to ensure that the alterations were not discriminatory. On August 11, 2016, the United States District Court for the Middle District of North Carolina ruled that North Carolina's state legislative district map constituted an illegal racial gerrymander. The commissioners argued that the "elongated 2nd District violated compactness standards, diluted the Panhandle's influence, and resulted in the largest population deviation between districts in the county4,871 people." On June 29, 2011, the state legislature approved new congressional district boundaries, which were signed into law by the governor on August 9, 2011. On August 28, 2017, the Senate passed SB 691, the Senate redistricting plan, and sent it to the House. '"[315][317], On March 31, 2017, in a separate state-level case, Richmond Circuit Judge W. Reilly Marchant ruled that the contested districts did not violate state constitutional requirements for district compactness. [219][220][221][222][223], On January 26, 2018, the state supreme court issued an order appointing Nate Persily, a Stanford University law professor, "to assist the court in adopting, if necessary, a remedial congressional redistricting plan." On August 27, 2018, a three-judge panel of the United States District Court for the Middle District of North Carolina ruled that North Carolina's congressional district map constituted an illegal partisan gerrymander. The legislature was unable to adopt a remedial map during this session. In the order announcing the release of the draft plans, Persily noted that "these draft plans are provided at this early date to give the parties time to lodge objections and to make suggestions, as to unpairing incumbents or otherwise, that might be accommodated in the final plan," which was due to the court by December 1, 2017. On October 26, 2017, the United States District Court for the Middle District of North Carolina issued an order appointing Nate Persily as a special master "to assist the Court in further evaluating and, if necessary, redrawing" the revised maps. The judges ordered state officials to inform the court within three days of the state legislature's intent to draft and implement new remedial maps. Where certain district lines are drawn within states which are determined based on changes in population dictates who holds a seat in the U.S. House of Representatives and in many state senates. As of the 2010 census, there were 16 states whose redistricting plans were subject to preclearance requirements under the Voting Rights Act. On October 28, 2019, the court approved the remedial plans. The majority of these 63 maps (31 congressional and 32 state legislative), 67.74 percent of the total were enacted in 2011. On January 3, 2012, the United States District Court for the Southern District of West Virginia ruled in favor of the commissioners, finding that the map was unconstitutional. The court ruled 7-1 on the case. "[82], Following the 2010 United States Census, Maine neither gained nor lost congressional seats. The redistricting process itself can often be changed only by a ballot initiative, which can take years and a lot of peoples time and money to organize and pass. On February 27, 2012, the New Mexico First Judicial District Court issued its second state House redistricting plan, which stood. Pennsylvania had to redraw its congressional maps in 2018; Texas has had to redraw at least some of its maps every decade since the passage of the Voting Rights Act. How does redistricting relate to the Electoral College? The modules selected by the Court target senior Republicans, myself included, without a substantive basis in the law." Democrats in Congress initially sought to require independent redistricting panels in every state as part of the For the People Act, an omnibus voting bill that failed this year. "[331][35], Following the 2010 United States Census, Wisconsin neither gained nor lost congressional seats. [165][166][168], On August 19 and 20, 2017, the General Assembly of North Carolina released drafts of revised district maps for the state House and Senate, respectively. Delays in the census caused a scramble in drawing new districts, making it hard for incumbents and political newcomers to make timely decisions on whether to run. On April 8, 2014, Judge James Bredar rejected the plaintiffs' claim. On February 10, 2012, the New Mexico Supreme Court ruled that the state House maps must be redrawn, "with instructions for the trial court to reconsider the extent to which mildly larger population deviations would satisfy other state redistricting criteria, to reconsider the partisan impact and incumbent pairings of a court-ordered plan, and to recognize a district protecting Hispanic voters in the Clovis area under the Voting Rights Act." Beyond that, each state is free to set up its own rules and its own processes for redistricting. Democrats won 50.6 percent of the statewide congressional vote, but only four out of 13 House seats. All United States Representatives and state legislators are elected from political divisions called districts. Republicans win elections because we have better candidates and a better message that continues to resonate with the voters. This is how the Electoral College assigns seats to the 50 states: state borders never change, so each state gets two seats, plus additional seats assigned based on its population. After a long court battle over North Carolinas maps, the Supreme Court found that partisan gerrymandering claims present political questions beyond the reach of the federal courts, though it said nothing about the state courts. !function(){"use strict";window.addEventListener("message",(function(a){if(void 0!==a.data["datawrapper-height"])for(var e in a.data["datawrapper-height"]){var t=document.getElementById("datawrapper-chart-"+e)||document.querySelector("iframe[src*='"+e+"']");if(t)(t.style.height=a.data["datawrapper-height"][e]+"px")}}))}(); In 2012, voters approved two ballot measures that impacted the redistricting process: In 2011, voters approved one ballot measure (in Maine) that impacted the redistricting process. The new map adds Richmond and Petersburg to the 4th District, represented by Republican J. Randy Forbes, improving Democrats chances of winning the district in November. On January 25, 2012, the Pennsylvania Supreme Court struck the map down, ruling that "the lines violated state constitutional requirements of compactness and adherence to the integrity of political subdivisions." Following the 2010 United States Census, Alabama neither gained nor lost congressional seats. At the time of the 2010 census, Section 4 provided a formula for identifying which jurisdictions had engaged in racial discrimination and remedies to alleviate the discrimination. This proved unnecessary, however, as a revised congressional map passed the state legislature on December 14, 2011, and was signed into law the next day.[202][35]. We accordingly affirm the judgment of the District Court. The United States District Court for the District of South Carolina rejected the challenge on March 9, 2012. At the time, certain states were required under the Voting Rights Act to receive preclearance from the federal government before implementing modifications to election laws (including redistricting plans). On January 20, 2012, the legislature approved a new congressional district plan, which was signed into law by the governor on January 25, 2012. "Since the 1840s, Congress has mandated that states draw district maps and elect one representative per district for the U.S. House of Representatives. David Landau, Delaware County Democratic Party chairman, said, "[The remedial map] remedies the outrageous gerrymander of 2011, and that's the important thing, that the gerrymander be over. Alabama Legislative Black Caucus v. Alabama established that "where a challenger succeeds in establishing racial predominance, the burden shifts to the State to 'demonstrate that its districting legislation is narrowly tailored to achieve a compelling interest. The district court held that the plaintiffs did not establish that race was the predominant factor in the creation of 11 of the 12 challenged district. Finally, no district has more than a one-person difference in population from any other district, and, therefore, the Remedial Plan achieves the constitutional guarantee of one person, one vote. Meanwhile, Republicans were critical of the map and the process that led to its adoption. Now, lets draw a map that helps the Red party. The maps were signed into law on August 24, 2011. On September 21, 2011, the legislature approved a congressional map, which was signed into law on September 26, 2011. In the court's majority opinion, Justice Stephen G. Breyer wrote, "That Alabama expressly adopted and applied a policy of prioritizing mechanical racial targets above all other districting criteria (save one-person, one-vote) provides evidence that race motivated the drawing of particular lines in multiple districts in the State." The state filed a series of motions to dismiss in 2012 and 2013, but these were ultimately denied. [The] Court must balance the need to protect voting rights that may be affected by the 2013 plans with the need to avoid the adverse effect on voting rights that comes with delay and confusion during election time. [104], Judge Eric Clay, appointed to the bench by President Bill Clinton (D), wrote the following in the court's opinion and order: "Today, this Court joins the growing chorus of federal courts that have, in recent years, held that partisan gerrymandering is unconstitutional. The state supreme court approved the plan on February 10, 2012. 8 C. 10 D. 15 E. 20. Understanding redistricting is essential to understanding just how much a vote actually counts. According to The Philadelphia Inquirer, an attorney for the Pennsylvania General Assembly, in a separate letter, said, "The General Assembly and its Legislative Data Processing Center do not maintain ESRI shapefiles that contain current boundaries of all Pennsylvania municipalities and precincts. Maryland: The governor submits a state legislative redistricting proposal. The tables below compares the success rates of legislatures and commissions at having redistricting plans approved, either without court challenges or withstanding court challenges. On October 17, 2011, the state legislature approved new congressional district boundaries, which were signed into law on October 20, 2011. James Blacksher, an attorney representing the plaintiffs, said, "Its an exercise, as we understand it, to help show whether the state was trying to target black percentages in each district, and thus sorting white and black voters by race. In a press release, Wolf said, "The analysis by my team shows that, like the 2011 map, the map submitted to my office by Republican leaders is still a gerrymander.
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