Gerrymandering Thread

I’m not in favor of gerrymandering to deprive voters of representation and yet if the Supreme Court rules that such gerrymandering is Constitutional, then under our system that means partisan gerrymandering is the law of the land. I think we should work to change that law by expanding and improving the courts, by state level initiatives and laws, etc. However, if that is the way the Supreme Court rules, while that law of the land is in effect, the Dems would be worthless idiotic milquetoasts if they did not make full use of the law.

Also, from a pragmatic/tactical standpoint, unless the Dems make the GOP feel the pain of gerrymandering, it makes gerrymandering reform a one-sided partisan issue, which makes it harder to pass.

So, if you really do want a future where partisan gerrymandering is (correctly) considered undemocratic and unconstitutional, then if the Supreme Court legalizes such gerrymandering, Dems need to make use of it tactically to increase the pressure and potential for future reform.

It’s very much like telling an aggressive person: “I don’t want to fight”. As long as they don’t throw a punch, great. But if they do, then you have to punch back. It doesn’t make me happy, but it’s reality. If you stand there yelling “I don’t want to fight” while someone punches you into the dirt without you punching back, don’t be surprised when you end up beaten to shit.

This is a wave election mind you.

The AP’s analysis indicates that Republicans won about 16 more U.S. House seats than would have been expected based on their average share of the vote in congressional districts across the country. In state House elections, Republicans’ structural advantage might have helped them hold on to as many as seven chambers that otherwise could have flipped to Democrats, according to the analysis.

OK that makes a lot more sense. Though I guess it depends on the partisan alignment/morality of the state SC.

No, this isn’t true, because the Constitution is not the entirety of law. Lots of things are legal according to the Constitution, but illegal under other laws.

Yes, and their constitution. Here’s a piece that actually talks about how PA represents a “blueprint” for how to remedy Gerrymandering in other states.

This part in particular:

By its own terms, the court’s decision applies exclusively to Pennsylvania. But in a lengthy footnote, Todd notes that 12 other state constitutions include a Free and Equal Elections Clause identical to Pennsylvania’s. Courts in at least three of these states—Delaware, Illinois, and Kentucky—have already interpreted this clause to provide “an equal right to each citizen, on par with every other citizen, to elect their representatives.” None of these states’ supreme courts have yet considered a gerrymandering-related claim under their state constitution. But if they do, Todd suggested, they may well find that no election that takes place under a gerrymandered map is truly “free and equal.”

Todd needn’t have stopped there. As University of Kentucky College of Law professor Joshua Douglas has noted, virtually every state constitution protects voting rights more explicitly than the U.S. Constitution does. In addition to the 13 states that require elections to be “free and equal,” an additional 13 require elections to be “free and open,” a similar command that has been interpreted identically. Forty-nine states expressly protect the right to vote (unlike the federal Constitution). Only Arizona’s constitution does not guarantee that right—but it does contain a Free and Equal Elections Clause, which the state Supreme Court has interpreted to protect voting rights. Moreover, most state constitutions lay out guidelines for the redistricting process, and none consider partisan advantage to be the kind of legitimate criteria that legislatures can use to draw maps.

The answer to bad guys doing bad things isn’t to simply say, “Well we’re gonna do bad things too then!” Because then you end up like Malthor, with his statements (on this topic) that it’s fine to disenfranchise voters because it benefits “his side”.

If you are doing bad shit to advance “your side’s” goals, then maybe your side’s goals aren’t worth advancing.

https://i.imgur.com/8ubGFLt.gif

To be clear, if the US Supreme Court is ruling, rather than a state Supreme Court, that means the legal issue being debated is subject to federal jurisdiction. On issues of voting, the voters receive the rights that are greater, either federal or state. If the federal constitution provides more protection, that overrides a weaker state constitution. If the constitution of a specific state is stronger, then the residents of that state, enjoy the higher level of protection. That’s the general rule for individual rights in the US.

So, one way to fix these issues is at the state level, but that applies state by staete. What I’m saying is, while we work on that, in the states where the federal standard is the controlling legal authority, the Dems should follow the controlling legal authority, while also working to improve that standard. Not doing so makes it much harder to fix.

Check that part of what I just posted.

Increasing protections at the federal level is fine. But right now, existing protections at the state level can be leveraged to make state level rulings that end gerrymandering.

Mainly, just that the answer isn’t “pack the court” or “gerrymander stuff even worse.”

Man, I have got some bad news for you…

I got curious. I thought Oregon would be one of the good guys, seeing as it’s a liberal bastion & all.

Nope

Show the whole map, Tman.

Now, as a reminder.

Yes, and notice how they’re pulling a Utah and mixing in the population centers with rural areas.

It’s bad. So when people say Democrats do it also, it doesn’t take much to find examples.

FFS - Oregon has 5 districts. Virginia has 13. Talk to me when Oregon as > 10 for comparison like that.

Why the fuck are you defending this? Is this the “I only hate gerrymandering if Republicans do it??”

I don’t have a problem with that.

In fact, concentrating urban areas into a single district is the “packing” strategy used in gerrymandering in order weaken the influence of urban areas.

That’s North Carolina.

And the worst district in OR is still better than the best one in NC.

Gerrymandering is bad when both sides do it, although I’m not sure if that map constitutes significant gerrymandering. It looks like virtually all of the districts are pretty cleanly broken along county lines?

If it can be done better, so be it, but it’s not really that bad compared to the worst examples. The districts are reasonably compact.

Yep.

Tillamook County looks weird because it belongs to district 5 instead of district 1. But district 1 already has more people in it than district 5, so it’s reasonable to move that county to the less populated district.

Apart from Tillamook, the boundaries look compact. And the most populated district is within 5% of the least populated. So overall, they did a decent job.

Yeah, Oregon seems mostly okay to me, but it’s hard to tinker with things if you have less districts and population to play with.

You’re not looking as good as say Iowa, who is the gold standard, but still good.

The total population of Oregon is 4.1 million.

The Portland metro has 2.4 million. Salem another 160k

Splitting the Portland to Salem area into 3 districts isn’t gerrymandering, it’s mathematically required. Plus that’s a pretty damn good nap given. District 3 is the entirety of the Portland city limits, except for the strip west of the river.no splitting there. District 1 has Beaverton and Hillsboro with west Portland, and out to the coast.

Otherwise it’s by counties. The shapes are sensible given populations. And one thing, the only district that is R representative is 2, which is the entire eastern part of the state, and a giant rectangle. In order to split it another way would require gaming the districts to try and force another republican district, breaking county lines to do it. You could, in theory, draw a map to split the 4th and 5th districts to be 1D and 1R, but both districts were >+13 D, while the 1st was closer to +20 and the 3rd nearly +50.

Possible, but highly unlikely.

Tillamook county is also >50% mountain state park. It’s basically all mountain range and state/ federal land except for a ~5 mile strip along the coast that is used for ranching/ fishing. There are very few people in it. It’s one of my favorites though, and I spend part of almost every weekend climbing in it.

Oregon should have two republicans. It has 1 because of gerrymandering.

That’s 20% less representation (1 out of 5, instead of 2 out of 5).

20% is significant.

"It’s not as bad as … " is poor rationalization.

Do you think you make a more compact congressional map for Oregon that generally respects county borders, has the same population in each district, and ends up with two majority Republican districts? Because I’d like to see you try.

Let’s look at the Iowa map @ShivaX posted earlier. That is about as compact a map as you could draw. And last election 3 of 4 seats went to Democrats. It could have been 4 of 4 were it not for a narrow Steve King win. Yet, overall, the vote was about 56-44 Dem. So pure proportionality it would have been more like 2-2.

Thing is, because of how sears are set, each percentage above 50% increases representation, absent aggressive districting otherwise, more than 1%. Mathematically, and based on historical results, a 55% margin results in >60% of representation. 60% approaches 75%, and 65% is nearly 100%.

Look at Utah for an example of the latter.

And this is especially pronounced in more limited numbers of seats. When there is one seat it’s self evident. When 2, it is also likely to see skewed results. A 55-45 margin is likely to see a 2-0 split.

Look at Nebraska and Kansas for states that invert things. Both voted ~42% for Democrats last election. Nebraska is 3-0 GOP and Kansas 3-1. In states like these the results are not only not shocking, but to achieve results otherwise would require pulling all sorts of shenanigans such as non continuity of districts or extreme distortions of district lines.

And any actions otherwise would be the politicians picking their voters.

@Tman let me show you the district where I worked before coming out to Oregon. And it is an example of gerrymandering that may be actually worth doing. I present the Illinois 4th congressional district

Now this is, on its face, gerrymandering. It’s a ridiculous district, one whose lines are sometimes connected literally by roadways only. That seems pretty bad!

Now when you dig into it more, it starts to make more sense. First, every single bordering district is democrat held. There is no partisan advantage. No matter how you broke the same number of geographic districts in Cook County, absent nonsense like Austin Texas (which probably wouldn’t be possible anyhow due to all surrounding counties being Dem as well, except DuPage narrowly). So the representative mix on partisan lines is not impacted.

So why draw it like that?

Well the answer is demographic. Chicago has a large Latino population. However it’s still clearly a minority. But what this district does is connect two large Latino communities into a single district where they have he plurality. This is because otherwise, of the 5 or so representatives from Cook County, which has a larger population than our entire state, would have no representative for the Latino community.

So is this case of definitive gerrymandering ok? It’s certainly up for reasonable debate. I’ve personally gone back and forth, my initial reaction was a strong WTF. But as I’ve thought about it and looked at the actual impacts and reasons, I’ve come around. It looks absurd, but it serves an important purpose. It gives one large and important community in the city a voice. A voice they would otherwise be denied. And that community may have similar, though distinct, concerns from the nearby African American community, and certainly than the north side liberal white community.

And especially since this is done without partisan intent. That’s an important difference.

And while you may feel that, in an idealized world, separating the rural votes from the Urban ones in Oregon May be desirable, and that may be true, from a practical perspective the population here does not support that mapping without some absurd North Carolina style shenanigans that would be equally dismissive of voters in Eugene and the southern Oregon population centers.

I don’t think staying to county lines is imperative, and I’m not going to give this a lot of serious thought
as I don’t think it’s worth the effort to gather pop cernters & whatnot.

Throwing a spitwad at the wall, I’d start with creating a district down the coast from North to South. Coastal residents have similar outlook / needs / wants and I think splitting the coast up into 3 parts is the first thing I’d address.

Then it’s just the I-5 corridor broken up into 3 different districts and leave the 2nd largely alone.