1. Redistricting 101 Justin Levitt

2. Today’s conversation What? When? Who? Where? Why? How?

3. Today’s conversation What? When? Who? Where? Why? How?

4. What is “redistricting”? Draw (and re-draw) lines that determine which voters are represented by each legislative seat Federal State Local

5. A brief history Districts were often made of towns or counties, or groups of towns or counties

6. A brief history Districts were often made of towns or counties, or groups of towns or counties

7. 10 people A little more history Districts were often made of towns or counties, or groups of towns or counties 1 state Senator 10 people

8. 10,000 people 1 state Senator 1,000 people A little more history But the population did not grow equally 100 people

9. Constitutional mandate to redraw lines Districts have to have roughly equal population Baker v. Carr, 1962

10. 2000― 2001― 2010― 2011 ― 2020― 2021 ― And so… Census Day Redistricting Census Day Redistricting Census Day Redistricting

11. Today’s conversation What? When? Who? Where? Why? How?

12. Key redistricting dates April 1, 2010― January 10, 2011― April 1, 2011― End of session 2011 ― or early 2012 Census Day Apportionment to U.S. House Redistricting data to states Most redistricting complete

13. Today’s conversation What? When? Who? Where? Why? How?

14. Who draws the lines In most states, the legislature has primary control State legislative districts: 37 states Congressional districts: 37 states (and 7 states with 1 Congressional district)

15. Other redistricting institutions AdvisoryPrimary control in the legislature Primary control outside legislature Elected officials Backup State legislative districts Congressional districts * *

16. Examples of advisory/backup bodies Maine Oregon 2/3 Texas Illinois

17. Examples of commissions Colorado Missouri 70% Montana California 9 votes

18. … and if the process breaks down 2000 cycle judicial action Someone filed suit

19. State leg.Congress * Courts asked to step in3321 Court drew lines itself119 … and if that should fail * 7 states had only one congressional district in the 2000 cycle 2000 cycle judicial action

20. Today’s conversation What? When? Who? Where? Why? How?

21. “Where” starts with federal protections Equal population Race/ethnicity and the Voting Rights Act

22. Equal population Congress: as equal as possible State legislature: up to 10% “deviation,” if for good reason Baker v. Carr, 1962

23. “Where” starts with federal protections Equal population Race/ethnicity and the Voting Rights Act

24. Minority representation Cracking Packing

25. The Voting Rights Act Are half of the potential voters in a concentrated area minorities? Would they generally vote together? Would the rest of the voters in the area generally choose different candidates? Section 2

26. “Totality of the circumstances” rough overall proportionality in the jurisdiction history of voting-related discrimination extent of racially polarized voting extent of discriminatory voting practices or procedures exclusion of minority members from candidate slating extent to which minority group members bear the effects of past discrimination in areas such as education, employment, and health, which hinder their ability to participate effectively in the political process extent to which minority members have been elected extent to which elected officials are unresponsive to the particularized needs of members of the minority group

27. Draw an “opportunity district” Equal opportunity to elect representatives of choice Complying with the Voting Rights Act Do Not Dilute Are half of the potential voters in a concentrated area minorities? Would they generally vote together? Would the rest of the voters in the area generally choose different candidates? Are the minority voters otherwise protected, in the totality of the circumstances?

28. Adjacent populations and the VRA Latino/Hispanic African-American Chicago suburbs

29. Adjacent populations and the VRA Latino/Hispanic African-American Chicago suburbs The Latino population is large and compact – but drawing a compact Latino opportunity district cuts through the African-American community

30. Adjacent populations and the VRA Latino/Hispanic African-American Chicago suburbs The African-American population is also large and compact – but drawing a compact opportunity district cuts through the Latino community

31. Adjacent populations and the VRA Latino/Hispanic African-American Chicago suburbs Creativity reveals a solution for both communities

32. The Voting Rights Act Section 5 “Preclearance” for certain jurisdictions Is the new map intended to dilute minority votes? Does the new map leave minority voters worse off?

33. Section 5 objections Most review goes through DOJ Data reviewed to see if minorities are worse off But there are many thousands of submissions See something? Say something!

34. Race and ethnicity beyond the VRA Voting Rights Act protects certain voters With other groups of minorities, it is OK to consider race and ethnicity, among other factors Race and ethnicity just can’t “predominate” without a really good reason

35. After federal law, add state limitations Contiguity Political boundaries Compactness Communities of interest Partisanship/competition Nesting State leg.Congress 4923 4118 3617 2213 1210 14 n/a

36. After federal law, add state limitations Contiguity Political boundaries Compactness Communities of interest Partisanship/competition Nesting State leg.Congress 4923 4118 3617 2213 1210 14 n/a

37. Contiguity All parts of the district are adjacent to each other Not contiguousContiguous

38. After federal law, add state limitations Contiguity Political boundaries Compactness Communities of interest Partisanship/competition Nesting State leg.Congress 4923 4118 3617 2213 1210 14 n/a

39. Political boundaries Follow county / city / town / ward lines Note: may split populations in unexpected ways

40. After federal law, add state limitations Contiguity Political boundaries Compactness Communities of interest Partisanship/competition Nesting State leg.Congress 4923 4118 3617 2213 1210 14 n/a

41. Compactness Usually concerns the appearance of the district (or how close people live to each other) Less compactMore compact

42. After federal law, add state limitations Contiguity Political boundaries Compactness Communities of interest Partisanship/competition Nesting State leg.Congress 4923 4118 3617 2213 1210 14 n/a

43. Communities of interest Definitions vary, but revolve around similar elements Kansas: “Social, cultural, racial, ethnic, and economic interests common to the population of the area, which are probable subjects of legislation... should be considered. [S]ome communities of interest lend themselves more readily than others to being embodied in legislative districts...” Can and should be different in different parts of the state

44. Communities of interest Social interests Cultural interests Racial / ethnic interests Economic / trade interests Geographic interests Communication and transportation networks Media markets Urban and rural interests Occupations and lifestyles

45. After federal law, add state limitations Contiguity Political boundaries Compactness Communities of interest Partisanship/competition Nesting State leg.Congress 4923 4118 3617 2213 1210 14 n/a

46. Partisanship and competition Of these states, most prohibit undue partisan favoritism or targeting particular individuals Some affirmatively encourage competition

47. After federal law, add state limitations Contiguity Political boundaries Compactness Communities of interest Partisanship/competition Nesting State leg.Congress 4923 4118 3617 2213 1210 14 n/a

48. Nesting Senate Assembly Not nested Nested

49. State legislatureCongress Who?Legislature or commission (+ courts) Where?Equal populationEqual population Voting Rights ActVoting Rights Act Contiguity Political boundaries Compactness Communities of interest Partisanship Nesting A quick review

50. Today’s conversation What? When? Who? Where? Why? How?

51. Why does redistricting matter? If you care about representation, and you care about political power, then you care about redistricting should

52. This isn’t about districts that look pretty

53. Is this a good district?

54. You can’t know if a district is “good,” unless you know what it’s trying to achieve

55. Is she a good singer?

56. And pretty shapes are not neutral Source:Michael McDonald, Midwest Mapping Project

57. So why does redistricting matter? Politicians choosing their voters Eliminating incumbents or challengers

58. Conflating public, partisan, personal interests Barack Obama’s house Barack Obama: strong challenge for Congress in 2000 2002 district

59. Conflating public, partisan, personal interests Lorraine Koppell’s house Lorraine Koppell: strong challenge for state Senate in 2000 2002 district

60. Conflating public, partisan, personal interests Hakeem Jeffries’s house Hakeem Jeffries: strong challenge for state Assembly in 2000 2002 district

61. Why does redistricting matter? Politicians choosing their voters Eliminating incumbents or challengers Diluting minority votes Splitting up communities

62. Today’s conversation What? When? Who? Where? Why? How?

63. Principles for redistricting in the public interest 1.Meaningful transparency 2.Meaningful independence 3.Meaningful diversity 4.Meaningful guidance

64. Redistricting in the public interest 1.Meaningful transparency 2.Meaningful independence 3.Meaningful diversity 4.Meaningful guidance

65. Meaningful transparency Multiple opportunities for meaningful public input -Before drafts -After drafts Data and tools to facilitate response Some explanation from redistricting body

66. 1.Meaningful transparency 2.Meaningful independence 3.Meaningful diversity 4.Meaningful guidance Redistricting in the public interest

67. Meaningful independence One of the players shouldn’t also be the umpire This is not the same as taking politics out of redistricting Legislature can still have a role -Select those who draw the lines -Review lines afterward

68. 1.Meaningful transparency 2.Meaningful independence 3.Meaningful diversity 4.Meaningful guidance Redistricting in the public interest

69. Meaningful diversity Those who draw the lines should reflect the state Need redistricting body of sufficient size Need rules/incentives to choose diverse membership

70. 1.Meaningful transparency 2.Meaningful independence 3.Meaningful diversity 4.Meaningful guidance Redistricting in the public interest

71. Meaningful guidance Criteria that reflect basic goals Enough flexibility to accommodate local exceptions Focus on communities of interest as building blocks Legislative majority should reflect consistent statewide majority

72. Influencing redistricting (short-term) Educate your community Inform the media Identify and map community boundaries Attend hearings Present alternative maps

73. Ways to influence the maps Official map Press Courts Testimony at hearing: Where are the boundaries of the community I serve? Justice Nonprofits

74. Input about communities can be simple

75. Training others What? When? Why? Who? Where? How? What is the process in your state? Where are the points of access?

76. Start now and start diverse Ventura County task force Ventura County: farmworkers and the Reagan Library Redistricting Task Force “ to increase political representation, voter participation, and civic engagement of historically underrepresented communities of color and low-income working families in the Ventura County region through a program of community organizing, research, and grassroots advocacy around the 2001 redistricting process.”

77. Ventura County citizens’ commission Involvement from diverse groups LWV, NAACP, LULAC, labor, faith-based groups Focus on local redistricting, focus on communities Early outreach to county supervisors Start now and start diverse Task force map was essentially adopted as final plan

78. Influencing redistricting (long-term) Alternative rules - e.g., how incarcerated populations are counted Alternative procedures - e.g., greater transparency Alternative redistricting entities - e.g., more independent bodies Alternative voting systems - e.g., choice voting

79. Justin Levitt Loyola Law School justin.levitt@lls.edu Brennan Center for Justice Citizen’s Guide to Redistricting www.brennancenter.org Further information