The Role of the Legislature in Redistricting and Ways Local Officials Can Stay Involved and Informed iGO Educational Conference July 19, 2018 – Reno, Nevada Michael Stewart Director, Research Division Nevada Legislative Counsel Bureau All Material © 2018 International Association of Government Officials. All Rights Reserved. Unauthorized Use Prohibited.

Research Division – What We Do Policy Analysis, Research, and Committee Staff Services Legislative Session Interim Period Constituent Services Unit Research Library Publications Unit Training and Orientation for New Legislators, Committee Chair Training, and Staff Training Our primary customers are legislators, but we also take requests from the public and work closely with state and local government officials and staff, as well as lobbyists. For more information, please visit: http://www.leg.state.nv.us/Division/Research/

Redistricting in Nevada Every ten years, following the Census, the Nevada State Legislature is responsible for reapportioning and redistricting the districts for: The U.S. House of Representatives; The Nevada State Senate; The Nevada State Assembly; Board of Regents of the University of Nevada; and The State Board of Education. Redistricting occurs in Nevada during the first legislative session following the Decennial Census. Most states conduct redistricting within two years of the Census. Most states also start working with the Census Bureau several years before the Census under the Redistricting Data Program.

Redistricting in Other States In most states, redistricting is conducted by the State Legislature. However, some states use redistricting “commissions” for this process. 13 states use commissions for drawing state legislative district boundaries. 7 of these 13 states also use these commissions to draw congressional district boundaries. 5 states have advisory commissions that may assist the legislature with drawing the district lines. 5 other states have “back up” commissions that step in to complete redistricting in the event the legislature fails to complete redistricting. . . . and then there is Iowa! (source: National Conference of State Legislatures)

Reapportionment vs. Redistricting What is the Difference? “Apportionment,” in the purest sense, is the division of a given number of elected members among established political subdivisions in accordance with an existing plan or formula. U.S. House of Representatives seats are apportioned among the states. There can be an allocation of existing legislative districts to another part of the State.

Reapportionment vs. Redistricting What is the Difference? “Redistricting” is the division of existing districts into new districts with different boundaries. Thus, states with more than one member of the House of Representatives “redistrict” their “apportionment” of representatives into new districts to achieve equal population. “Redistricting” pertains to redrawing lines for election districts.

Common Redistricting Challenges for Legislatures and Local Governing Bodies Shifts in population – growth AND loss. Reallocation of congressional / legislative/ county commission / city council seats based on these population changes. Increased influence of communities of interest (ethnic groups, urban, rural, socio-economic, etc.). Impact of term limits on institutional knowledge. Potential for splitting precincts and creating multiple “ballot styles” due to overlapping, non-coterminous district boundaries. New technologies in GIS – how to integrate with previous technologies; higher costs for software, hardware, and licensing; training of staff; high expectations for quick turnaround; GIS staff and the nexus between IT and policy, etc. Compressed time frame amid other important legislative issues.

What Do States Typically Consider When Redistricting? The “one person, one vote” principle and the Voting Rights Act of 1965. Acceptable population deviations of congressional and legislative districts from the “ideal” population. These deviations are less strict at the local level. Drawing “minority districts” and the avoidance of “packing” or “fracturing.” The use of “nested districts” or “multi-member” districts. What about Gill v. Whitford and Benisek v. Lamone? Status quo? Other statutory requirements and relevant case law

What Do States Typically Consider When Redistricting? States also use other secondary factors that have been recognized by the courts to constitute “traditional districting principles”: Compactness of districts; Contiguity of districts; Preservation of counties and other political subdivisions; Preservation of communities of interest; Preservation of cores of prior districts; Protection of incumbents; and Compliance with Section 2 of the Voting Rights Act of 1965.

Tips for Local Election Officials on Getting Involved in Redistricting Get to know the legislators AND the legislative staff working on redistricting and be available to your state’s Census Bureau liaison. Attend public hearings both before and during the legislative session.  Be sure to sign up to speak! If possible, submit suggested plans to committees or commissions responsible for redistricting. Become familiar with the legislative “rules” and make suggestions before they are adopted. Follow redistricting activities on the legislature’s / redistricting commission’s website. See Nevada’s webpage – www.leg.state.nv.us. Educate yourself on the process and then educate policymakers. Offer to review plans, if possible, for precinct anomalies and other concerns. Refer to the National Conference of State Legislatures – www.ncsl.org.

Questions? Thank you! Michael Stewart Research Division, Nevada Legislative Counsel Bureau E-mail: mstewart@lcb.state.nv.us Telephone: (775) 684-6417