1. Opportunities and Challenges for the LGBT Community Redistricting, 2011 Presentation to Victory Fund

2. Part 1 – the Basics How and Why the LGBT community should care about redistricting.

3. What is Redistricting overview Redistricting is the process of drawing district lines. It is done every 10 years after the release of the US Census. The well known examples are Congress and the legislature. Local governments with districts must also do redistricting. (some localities have a policy of only redistricting if populations changes require it) Reapportionment is the process of assigning congressional seats to states.

4. What is Redistricting the Gerrymander The term Gerrymander came from a cartoon depicting a rather serpentine looking district created by Governor Elbrige Gerry in Massachusetts.

5. What is Redistricting the Gerrymander Yet some modern districts still look eerily similar to this historic map.

6. What is Redistricting how it can be impacted Redistricting doesn’t just happen. There are many moving pieces and hurdles. Redistricting Laws – differ by state/localities Community Based – all redistricting requires input Voting Rights Act, Federal compliance Each of the rules for redistricting have come as a response to unfair gerrymandering and plans that infringed civil rights. As “civil rights” expand, so do the rules for redistricting.

7. What is Redistricting does it impact the LGBT community? Electing LGBT legislators, supervisors and council members has always had real impact on policy. It was a friendly redistricting that allowed San Francisco Supervisor Harvey Milk to get elected. The first out gay state legislators all came from districts with large and active gay populations. LGBT legislators have authored every significant gay marriage bill in California.

8. What is Redistricting Criteria for drawing new district lines There are a number of criteria that have been used nationally and upheld by courts. Relatively equal size - people, not citizens Maintain communities of interest Follow local or state rules Adhere to Voting Rights Act

9. Creating districts of equal size Change happens - unevenly Throughout the nation population shifts happen – and most are uneven. In CA the biggest shift has been to suburbs. In other states the urban cores have increased as rural areas lose employment opportunities.

10. Creating districts of equal size With change comes opportunity Each reallocation creates opportunities to redefine what communities are in what districts. These reallocations have traditionally meant more women and people of color are elected in subsequent elections.

11. Communities of Interest Keeping similar voters together Generally thought of as: Race / Ethnicity Socioeconomic Religious

12. Communities of Interest Keeping similar voters together In the US like-minded people move near each other. Redistricting should reinforce these patterns – preserving communities beyond race and ethnicity.

13. Communities of Interest using LGBT as a criteria There are concentrations of LGBT voters that should be considered as a community of interest. Within major cities there are gay communities that can have influence in legislative seats. Even smaller cities have gay districts that could have electoral clout if drawn into the same council seat.

14. Redistricting Terms what minority groups seek in redistricting There are three terms to describe positive outcomes from redistricting. Majority Minority – a large enough single minority population to impact an election. Minority Coalition – a majority of the district is made of likeminded minority groups. Influence District – a minority group does not have enough votes to control and election, but they are significant. This should be an LGBT Community goal.

15. Redistricting Terms how minority groups are disenfranchised Gerrymandering can dilute the influence of voters in two key ways: Packing – taking a bloc of voters and forcing them into one district, giving them one seat, but no more. Cracking, Fracturing or Splitting – opposite of packing. Cutting a voting group into several slices so they have no influence.

16. Bad Redistricting Outcomes An example of splitting LGBT vote In 2001 the Castro was split so 11,000 voters were put in two different Senate districts, with the intent of hurting an openly gay Senate candidate. This was not noticed until after the plan had been signed by the Governor

17. Bad Redistricting Outcomes An example of splitting LGBT vote Sacramento has a strong LGBT concentration in a very liberal urban core – midtown and downtown.

18. Bad Redistricting Outcomes An example of splitting LGBT vote In 2001 the City was split, possibly not knowing the strength of the LGBT and LGBT Friendly community.

19. Good Redistricting Outcomes Example of protecting LGBT vote In 2001 the City of San Diego used LGBT Health Center information to build an LGBT cluster – driven by activists before a public redistricting commission.

20. Good Redistricting Outcomes Example of protecting LGBT vote As can be seen, the SD district captures a strong density of registered domestic partners, even though they did not have this data at the time.

21. Key Non-Governmental Players actors that LGBT community should model Leaders in the 2001 redistricting included MALDEF NAACP Asian Law Center In California the Asian groups created the only outside statewide map. Other groups commented on portions of the plans.

22. Key Non-Governmental Players actors that LGBT community should model With the increase in available technology there will be thousands of maps drawn. Local activists will include: Traditional minority groups Republican and Democratic Parties Business groups, Local Chamber of Commerce Good government groups / Common Cause Elected officials LGBT Activists?

23. Part 2 – Defining the Community What tools are available to the LGBT community in 2011

24. Defining the Community of Interest A term of art, driven by law and data A “Community of Interest” can be many things. Traditional Race/Ethnic/Language/Religions Common economic, workplace, transportation Homeowners, Renters, Retirees LGBT and LGBT Rights Supporters

25. Defining the Community of Interest A term of art, driven by law and data In California the Supreme Court defined as: "The social and economic interests common to the population of an area which are the probable subjects of legislative action.“

26. Defining the Community of Interest A term of art, driven by law and data In California the Supreme Court defined as: "The social and economic interests common to the population of an area which are the probable subjects of legislative action.“ What state hasn’t had a pro or anti-gay marriage bill or ballot measure?

27. Defining the Community of Interest Data and mapping reinforce legal arguments Sources include: US Census University surveys (UCLA) Vote Histories (like CA Prop 8, Prop 22) Domestic Partnerships / Gay Marriages

28. Mapping LGBT in CA UCLA Survey Data 2003 and 2005 UCLA health surveys provide rich data on LGB couples – although the information needs to be more detailed to help with redistricting.

29. Mapping LGBT in CA UCLA Survey Data by County

30. Mapping LGBT in CA Vote Histories Vote histories are a federally recognized way of defining a community In 2001 San Diego used Prop 22 vote to identify gay and gay-friendly parts of the city.

31. Mapping LGBT in CA Domestic Partners California has publically available data on domestic partners. To be a domestic partner you have to be over 65 or same-sex.

32. Mapping LGBT Nationally Waiting for Census The American Community Survey provides some data gained from US Census forms However, Not a Question Not standardized

33. Mapping LGBT Nationally Waiting for Census The US Census has traditionally recoded same sex households – changing one gender as if they were errors. In November the first usable dataset will be released.

34. Mapping LGBT Nationally Waiting for Census States and localities will need to find measures in order to develop community of interest arguments. Elections? Health Center Data? Gay-owned businesses? Organizational Memberships? Almost anything can be mapped, and there are no hard rules.

35. Part 3 – Next Steps National organizing around redistricting in 2011

36. National Strategy gaining tools and alliances for redistricting Short term achievable goals: Start national conversation of LGBT as a “community of interest” for redistricting Encourage local and state leaders to create alliances with other groups working on redistricting

37. National Strategy gaining tools and alliances for redistricting Short term achievable goals: Create a national presence (web, media, FB, Twitter) on redistricting Amplify the work of local activists like in San Diego and Sacramento so they become examples for the rest of the nation.

38. National Strategy gaining tools and alliances for redistricting Long term achievable goals: Push for improved federal counting of LGBT households for 2021 redistricting. Advance public commissions as a way to break into redistricting process. More?

39. Redistricting, 2011 Presentation to Victory Fund For more information, please contact: Paul Mitchell paul@redistrictingpartners.com (916) 612-8686