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“New GOP Voter Suppression Strategy”: Gerrymander The Electoral College To Dilute The Influence Of Democratic Voters

For a brief time in the fall of 2011, Pennsylvania GOP Senate Majority Leader Dominic Pileggi unveiled a plan to deliver the bulk of his state’s electoral votes to Mitt Romney. Pileggi wanted Pennsylvania to award its electoral votes not via the winner-take-all system in place in forty-eight states but instead based on the winner of each Congressional district. Republicans, by virtue of controlling the redistricting process, held thirteen of eighteen congressional seats in Pennsylvania following the 2012 election. If Pileggi’s plan would have been in place on November 6, 2012, Romney would’ve captured thirteen of Pennsylvania’s twenty Electoral College votes, even though Obama carried the state with 52 percent of the vote.

In the wake of Romney’s defeat and the backfiring of GOP voter suppression efforts, Pileggi is resurrecting his plan (albeit in a slightly different form) and the idea of gerrymandering the Electoral College to boost the 2016 GOP presidential candidate is spreading to other GOP-controlled battleground states that Obama carried, like Ohio, Virginia and Wisconsin. Thanks to big gains at the state legislative level in 2010, Republicans controlled the redistricting process in twenty states compared to seven for Democrats, drawing legislative and Congressional maps that will benefit their party for the next decade. (The Brennan Center for Justice estimates that Republicans picked up six additional House seats in 2012 due to redistricting.) Republicans now want to extend their redistricting advantage to the presidential realm.

Pileggi’s plan, if implemented in all of the battleground states where Republicans held a majority of House seats, would’ve handed the White House to Romney. According to Think Progress:

Assuming that Mitt Romney won every congressional district that elected a Republican House candidate in these key states, the Corbett/Husted (named after the Pennsylvania governor and Ohio secretary of state) plan would have given Romney 17 electoral votes in Florida, 9 in Michigan, 12 in Ohio, 13 in Pennsylvania, 8 in Virginia, and 5 in Wisconsin—for a total of 64 additional electoral votes.

Add those 64 votes to the 206 votes Romney won legitimately, and it adds up to exactly 270—the amount he needed to win the White House.

According to Dave Wasserman of the Cook Political Report, Republicans currently hold the majority of House seats in thirty states, compared to seventeen for Democrats, giving them a big advantage in any bid to rig the Electoral College.

Take a look at Virginia, where State Senator Charles “Bill” Carrico Sr. introduced legislation to award his state’s electoral votes based on the winner of each Congressional district. Here’s what that would mean, reports ThinkProgress:

With a Republican-controlled redistricting passed earlier this year, Virginia Democrats were heavily packed into three districts. Under these maps, Obama won Virginia by almost a 4 point margin, yet he carried just four Virginia Congressional Districts. Were Carrico’s scheme in place, Mitt Romney would have received seven of Virginia’s 11 electoral votes despite receiving just 47.28% of the vote statewide.

Or take a look at Ohio, where controversial Secretary of State Jon Husted briefly voiced support for a similar plan following the 2012 election. Obama won Ohio by three points, but Republicans control twelve of eighteen congressional seats there, meaning that Romney would’ve netted more electoral votes than Obama if Husted had his way.

The GOP supported voter suppression efforts in 2012 as a way to make the electorate older, whiter and more conservative. But that push backfired when opponents of voter suppression turned out in large numbers for Obama, cementing an electorate that was younger and more diverse than in 2008. The shifting demographics of the country indicate that Obama’s “coalition of the ascendant” will only grow in size in future elections. So Republicans are searching for new ways to dilute the influence of Democratic voters.

Will the GOP’s bid to gerrymander the Electoral College be more successful now than it was last election cycle? Let’s hope not. Pileggi’s plan divided Pennsylvania Republicans and ultimately went nowhere. Husted had to quickly backtrack from his statements due to the national uproar. Here’s an idea for Republicans: instead of diluting the votes of your opposition, how about supporting policies—like immigration reform and a more equitable distribution of taxes—that will win you more votes from a growing chunk of the electorate?

And here’s another idea for both parties: instead of gerrymandering the Electoral College, how about abolishing it altogether?

 

By: Ari Berman, The Nation, December 10, 2012

December 11, 2012 Posted by | Democracy, Elections | , , , , , , , | Leave a comment

“Line-Drawers’ Art”: The GOP’s Gerrymandered Advantages

When Republicans claim that this was a status quo election, they point to their continued hold on the House. The 2012 congressional vote, some have said, didn’t undo the party’s 2010 successes.

True enough, but that’s not because Americans didn’t vote to undo them. It’s because Republicans have so gerrymandered congressional districts in states where they controlled redistricting the past two years that they were able to elude a popular vote that went the Democrats’ way last week.

As The Post’s Aaron Blake reported, Democrats narrowly outpolled Republicans in the total number of votes cast for congressional candidates. The margin varies depending on whether you count the races in which candidates ran unopposed and those in which members of the same party faced off (as happened in several California districts). But any way you count it, the Democrats came out ahead — in everything but the number of House seats they won.

Consider Pennsylvania, where President Obama won 52 percent of the votes cast, and Democratic Sen. Bob Casey defeated his Republican rival, 53 percent to 45 percent. Yet Democrats won just five of that state’s 18 U.S. House seats. They carried both districts in the Philadelphia area — by 85 percent and 89 percent, respectively — and three other districts, by 77, 69 and 61 percent. Of the 13 districts where Republicans prevailed, GOP candidates won seven with less than 60 percent of the vote; in only one district did the Republican candidate’s total exceed 65 percent of the votes cast.

Why such lopsided numbers? Because Republican-controlled redistricting after the 2010 Census packed Democratic voters into a handful of imaginatively shaped districts around Pennsylvania’s urban centers and created a slew of GOP districts in the rest of the state. The overwhelming Democratic margins in the two heavily African American Philadelphia districts didn’t require constructing oddly shaped districts, but carving up the rest of the state to minimize districts that Democrats might win required politically driven line-drawing of the highest order.

So it went in several other swing states. Obama won Ohio by two points, and Democratic Sen. Sherrod Brown won by five, but Democrats emerged with just four of Ohio’s 16 House seats.

In Wisconsin, Obama prevailed by seven points, and Democratic Senate candidate Tammy Baldwin by five, but their party finished with just three of the state’s eight House seats.

In Virginia, Obama and Democratic U.S. Senate candidate Tim Kaine were clear victors, but Democrats won just three of the commonwealth’s 11 House seats. In Florida, Obama eked out a victory and Democratic Sen. Bill Nelson won by 13 points, but Democrats will hold only 10 of the Sunshine State’s 27 House seats.

In these five states, where both Obama and Democratic Senate candidates won, Democrats will hold 25 House seats in the next Congress to the Republicans’ 55. If the control of these House seats reflected the Democrats’ statewide margins in presidential and Senate contests, the Democrats would likely be at parity or in the majority in the new House.

Now, this isn’t to say Democrats don’t play similar games. On Election Day, they picked up five House seats in Illinois after a Democratic-controlled redistricting in 2011, so they will hold 12 of the 18 Illinois House seats come January. But Obama carried his home state by a 16-point margin, and the Democratic pick-ups help create a delegation that fairly reflects the state’s partisan balance.

A model for a fairer war to carve congressional districts — so that they more closely reflect actual voter sentiment — exists in California. Years ago Golden State voters entrusted redistricting to a nonpartisan commission. Last week’s election was the first conducted using the new boundaries. Some longtime incumbents (among them Democrat Howard Berman and Republican David Dreier) were displaced, and some rising constituencies were empowered; California’s new congressional delegation will include five Asian Americans, nine Latinos and 18 women — all Democrats. But no one is arguing that the new members don’t reflect the state’s balance of power. Obama carried California by 21 points; Democratic Sen. Dianne Feinstein won by 23; and Democrats are likely to hold 38 of the state’s 53 seats when the counting concludes (two races are still out).

Republicans love to proclaim their affinity for the marketplace and the genius of competition. But it’s precisely by suppressing competition, and crafting uncompetitive districts, that they maintained their hold on the House last week. Any notion that House Republicans have a mandate of their own that they can bring to a fight with the president is spurious. Their grasp on the House derives not from voter sentiment but almost entirely from the line-drawers’ art.

 

By: Harold Meyerson, Opinion Writer, The Washington Post, November 13, 2012

November 15, 2012 Posted by | Election 2012 | , , , , , , , , | 2 Comments

“Southern De-Construction”: With Voter Suppression, The Confederacy Rises Again

On Sunday I attended a fascinating panel of Southern politics experts convened by UNC-Chapel Hill. One of the major takeaways from the session was how diverse the South has become. For instance, Charlotte, the host city of the DNC, is now 45 percent white, 35 percent African-American and 13 percent Hispanic.

Among baby boomers aged 55–64, the South is 72 percent white. Among kids 15 or under, the South is 51 percent white, 22 percent Hispanic, 21 percent African-American and 6 percent other (which includes Asian-Americans and Native-Americans). In North Carolina, people of color accounted for 61 percent of the 1.5 million new residents the state gained over the past decade. Since 2008, the black and Hispanic share of eligible voters in North Carolina has grown by 2.5 percent, while the percentage of the white vote has decreased by a similar margin. This increasing diversity allowed Obama to win the Southern states of Florida, North Carolina and Virginia in 2008—all of which are competitive again in 2012.

The region’s changing demographics are a “ticking time bomb for Republicans,” said Scott Keeter, director of survey research at the Pew Research Center. The Southern GOP is 88 percent white. The Southern Democratic Party is 50 percent white, 36 percent African-American, 9 percent Hispanic and 5 percent other. The GOP’s dominance among white voters—who favor Romney over Obama by 26 points in the region—has allowed Republicans to control most of the region politically. But that will only be the case for so long if demographic trends continue to accelerate. Yet instead of courting the growing minority vote, Republicans across the South are actively limiting political representation for minority voters and making it harder for them to vote.

Eight of eleven states in the former Confederacy have passed restrictive voting laws since the 2010 election, as part of a broader war on voting undertaken by the GOP. Some of these changes have been mitigated by recent federal and state court rulings against the GOP, yet it’s still breathtaking to consider the different ways Republicans have sought to suppress the minority vote in the region.

– Laws mandating strict forms of government-issued identification to cast a ballot were passed in Alabama, Mississippi, South Carolina, Tennessee and Texas. Virginia tightened a looser voter ID law. A federal court blocked Texas’s discriminatory voter ID law last week and will rule on South Carolina’s law shortly. Mississippi and Alabama must also receive preclearance for their voter ID laws—which are scheduled to go into effect in 2013 and 2014—from a federal court in Washington or the Department of Justice under Section 5 of the Voting Rights Act. According to a 2005 study by the Brennan Center for Justice, 11 percent of US citizens don’t have government-issued IDs, but the number is 25 percent among African-Americans.

– Laws requiring proof of citizenship to register to vote were passed in Alabama and Tennessee. Restrictions on voter registration drives were enacted in Florida and Texas. Florida’s law has been overturned by a federal court. Texas’s law has also been blocked by a state judge. Data from the 2004 and 2008 elections in Florida show that “African-American and Hispanic citizens are about twice as likely to register to vote through drives as white voters,” according to Project Vote.

– Early voting periods were reduced in Florida, Georgia and Tennessee. African-Americans in states like Florida were twice as likely to cast ballots during early voting as white voters. According to University of Florida political scientist Daniel Smith, 800,000 voters in Florida cast ballots during early voting hours in 2008 eliminated by the GOP. A federal court overturned the law in the five Florida counties covered by Section 5 of the Voting Rights Act.

– Florida also prevented felons convicted of non-violent crimes from voting after they’ve served their time, which disenfranchised nearly 200,000 Floridians who would have been eligible to vote in 2012. Blacks are 13 percent of registered voters in Florida but 23 percent of disenfranchised felons.

– Only three Southern states—Arkansas, Louisiana and North Carolina—did not pass restrictive voting laws since 2010. North Carolina Democratic Governor Bev Perdue twice vetoed efforts by North Carolina Republicans to pass a strict voter ID law before the 2012 election. If GOP gubernatorial candidate Pat McCrory wins in November, it’s all but certain a tough voter ID law will be among the first pieces of legislation he signs.

– In conjunction with these new voting restrictions, Republicans all across the South used their control of state legislatures following 2010 to pass redistricting maps that will lead to a re-segregation of Southern politics, placing as many Democratic lawmakers into as few “majority minority” districts as possible as a way to maximize the number of Republican seats. “Their goal is to make the Republican Party a solidly white party and to make the Democratic Party a majority African-American one,” says Kareem Crayton, professor of law at UNC-Chapel Hill and an expert on voting rights in the South. The Texas redistricting maps, which a federal court ruled last week were “enacted with discriminatory purpose,” are simply a more extreme version of an effort that has been replicated in virtually every Southern state to undercut black and Hispanic political representation.

The consequences of these changes will be to make it harder for growing minority populations to be able to cast a ballot in much of the South and to make the region more segregated politically at a time when it is becoming more diverse demographically. “The net effect is that the potential for any coalition to exist in the Democratic Party of moderate-to-progressive whites and African-American voters is pretty much decimated,” says Crayton. Obama is betting he can once again turn out such a coalition in states like Florida, North Carolina and Virginia, but that task has become tougher in 2012. The outlook for state and local Democrats in the region is far bleaker.

The regression in the South today when it comes to voting rights is eerily reminiscent of tragic earlier periods in the region’s beleaguered racial history. “After Reconstruction, we saw efforts by conservative whites in Southern state legislatures to cut back on opportunities for black Americans to cast a ballot,” says Crayton. “It’s hard to dismiss the theory that what we’re seeing today is a replay of that scenario.”

Today, four southern states (Alabama, Georgia, South Carolina, Texas) are supporting a constitutional challenge to Section 5 originating in Shelby County, Alabama. When Republicans in Tampa yearned for the good ‘ol days, it was hard not to get the feeling that they were thinking of a time in the South when the Voting Rights Act of 1965 and the Civil Rights Act of 1964 did not exist.

 

By: Ari Berman, The Nation, September 4, 2012

September 4, 2012 Posted by | Election 2012 | , , , , , , , , | Leave a comment

“Most Extreme Example Of Racial Gerrymandering”: Federal Court Blocks Discriminatory Texas Redistricting Plan

In December of last year, the Justice Department asserted that Texas’s redistricting plans for Congress and the state legislature violated Section 5 of the Voting Rights Act by “diminishing the ability of citizens of the United States, on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice.” Today a three-judge federal court in Washington concurred with DOJ, writing that Texas’s redistricting plans were “enacted with discriminatory purpose” and did not deserve preclearance under Section 5.

Here are the relevant facts of the case: Texas gained 4.3 million new residents from 2000-2010. Nearly 90 percent of that growth came from minority citizens (65 percent Hispanic, 13 percent African-American, 10 percent Asian). As a result, Texas gained four new Congressional seats, from thirty-two to thirty-six. Yet, under the Congressional redistricting map passed by Texas Republicans following the 2010 election, white Republicans were awarded three of the four new seats that resulted from Democratic-leaning minority population growth. The League of Women Voters called the plan “the most extreme example of racial gerrymandering among all the redistricting proposals passed by lawmakers so far this year.”

Noted the federal court:

The Black and Hispanic communities currently make up 39.3% of Texas’s CVAP [current voting age population]. Thus, if districts were allocated proportionally, there would be 13 minority districts out of the 32 in the benchmark (39.3% of 32 is 12.6). Yet minorities have only 10 seats in the benchmark, so the representation gap is three districts. In the enacted plan, proportional representation would yield 14 ability districts (39.3% of 36 is 14.1), but there are still only 10 ability districts.

Texas Republicans went to extreme lengths in order to dilute and suppress the state’s booming minority vote, as I reported in The Nation in January (see “How the GOP is Resegregating the South”).

According to a lawsuit filed by a host of civil rights groups, “even though Whites’ share of the population declined from 52 percent to 45 percent, they remain the majority in 70 percent of Congressional Districts.” To cite just one of many examples: in the Dallas-Fort Worth area, the Hispanic population increased by 440,898, the African-American population grew by 152,825 and the white population fell by 156,742. Yet white Republicans, a minority in the metropolis, control four of five Congressional seats. Despite declining in population, white Republicans managed to pick up two Congressional seats in the Dallas and Houston areas. In fact, whites are the minority in the state’s five largest counties but control twelve of nineteen Congressional districts.

Texas Republicans not only failed to grant new power to minority voters in the state, they also took away vital economic resources from minority Democratic members of Congress.
Reported the court:

Congressman Al Green, who represents CD 9, testified that “substantial surgery” was done to his district that could not have happened by accident. The Medical Center, Astrodome, rail line, and Houston Baptist University — the “economic engines” of the district — were all removed in the enacted plan. The enacted plan also removed from CD 9 the area where Representative Green had established his district office. Likewise, Congresswoman Sheila Jackson Lee, who represents CD 18, testified that the plan removed from her district key economic generators as well as her district office. Congresswoman Eddie Bernice Johnson of CD 30 also testified that the plan removed the American Center (home of the Dallas Mavericks), the arts district, her district office, and her home from CD 30. The mapdrawers also removed the district office, the Alamo, and the Convention Center (named after the incumbent’s father), from CD 20, a Hispanic ability district.

No such surgery was performed on the districts of Anglo incumbents. In fact, every Anglo member of Congress retained his or her district office. Anglo district boundaries were redrawn to include particular country clubs and, in one case, the school belonging to the incumbent’s grandchildren. And Texas never challenged evidence that only minority districts lost their economic centers by showing, for example, that the same types of changes had been made in Anglo districts.

The only explanation Texas offers for this pattern is “coincidence.” But if this was coincidence, it was a striking one indeed. It is difficult to believe that pure chance would lead to such results. The State also argues that it “attempted to accommodate unsolicited requests from a bipartisan group of lawmakers,” and that “[w]ithout hearing from the members, the mapdrawers did not know where district offices were located.” But we find this hard to believe as well. We are confident that the mapdrawers can not only draw maps but read them, and the locations of these district offices were not secret. The improbability of these events alone could well qualify as a “clear pattern, unexplainable on grounds other than race,” and lead us to infer a discriminatory purpose behind the Congressional Plan.

The same analysis applied to the state senate and state house maps as well. “Texas has failed to carry its burden that [its redistricting plans] do not have the purpose or effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group under section 5 of the Voting Rights Act,” the court wrote in its conclusion. An interim map drawn by a federal court in San Antonio in February will be used for the 2012 election.

Texas’s redistricting maps and voter ID law (which DOJ has also objected to and will soon be decided by a federal court in Washington) in many ways embody the conservative response to the country’s changing demographics. Instead of courting an increasingly diverse electorate, Republicans in Texas and elsewhere are trying to take away political power from minority voters and make it harder for them to vote.

Texas is one of seven GOP states that recently filed an amicus brief supporting a challenge to the constitutionality of Section 5 of the Voting Rights Act before the Supreme Court. The state has already vowed to appeal the redistricting case to the Supreme Court, which could also hear Texas’s voter ID case if overturned. Texas, it should be noted, has lost more Section 5 enforcement suits than any other state. Today’s ruling is another black eye for Republicans in the Lone Star State.

 

By: Ari Berman, The Nation, August 28, 2012

August 29, 2012 Posted by | Election 2012 | , , , , , , , , | Leave a comment

Raising Arizona: Maybe The Wrong Arizonan Is Facing Impeachment

When Arizona’s Independent Redistricting Commission came up with a new map, Republicans were apoplectic. GOP officials wanted the post-Census congressional district lines to be drawn in Republicans’ favor, and when the tripartisan panel, created by voters, came up with more balanced lines, the party went into attack mode.

This week, that attack included impeachment proceedings against the commission’s independent chair, Colleen Coyle Mathis, ousted by Gov. Jan Brewer and state Senate Republicans. And on what grounds did GOP officials impeach this official? Republicans cited “gross misconduct” as a justification.

Alan Colmes talked to Brewer yesterday on his radio show, asking the far-right governor to explain the rationale for impeachment. The discussion didn’t go well.

COLMES: What did Colleen do that was inappropriate, Colleen Mathis?

BREWER: Well she acted, uh, inappropriately. Well it was very, pretty much obvious that she in communications, and doing things, uh, not in the public, and the people of Arizona deserve that —

COLMES: You mean she was doing things secretly? Like what?

BREWER: They just simply need to operate in a lawful and open fashion….

COLMES: I’m trying to understand what she did. What are you accusing her of having done?

BREWER: Well she wasn’t operating in the proper manner.

The audio of the exchange really needs to be heard to be fully appreciated; the partial transcript doesn’t capture just how incoherent the Republican governor really was.

And given the circumstances, this matters. Brewer, as part of an unprecedented power grab, just led an impeachment crusade against an independent government official who’s done nothing wrong. The governor agreed to do this interview to explain the rationale for her decision, and then couldn’t explain the rationale for her decision.

The problem, of course, is that Brewer couldn’t admit the truth out loud: the redistricting commission didn’t rig the game to favor Republicans, so Republicans are retaliating against the redistricting commission.

On a related note, Democratic Congressional Campaign Committee Chairman Steve Israel (D-N.Y.) argued yesterday, “I think Arizonans should consider impeaching Jan Brewer.”

He has a point. If anyone’s guilty of “gross misconduct” in the Grand Canyon State, it would appear to be its governor.

 

By: Steve Benen, Contributing Writer, Washington Monthly Political Animal, November 5, 2011

November 6, 2011 Posted by | Conservatives, Democracy | , , , , , | Leave a comment