Q&A – How Redistricting Is Determined
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Today’s entry: Hey, good morning, Brian. Thanks for the information yesterday regarding the redistricting. But what is the difference between Texas doing it and other states doing it? That's what I'm confused about. Thank you for all the valuable information you provide.
Bottom Line: Appreciate the kind words and the note. So yes, on Monday in my Top 3 Takeaways I brought you this: There are currently 38 states, including Florida, with one-party rule. Of those 38 states, 23 are led by the GOP with only fifteen governed by Democrats. What’s more is that when accounting for population, the current political makeup congressionally, and what may be able to be achieved if both parties pushed for maximum advantage in the 38 states...the GOP would win big. Republicans would have a net 11 seat gerrymandering advantage in the House.
While it remains to be seen if we will have effectively all states with one-party rule seek to maximize redistricting for their political party, the first two states to act legislatively, California and Texas, illustrate the differences in process and policy for redistricting within states. Here’s how the process works:
Each state is responsible for redrawing its own congressional and state legislative district boundaries without direct input from the federal government. The process varies by state (so there can be as many as fifty different processes – though some low population states only have one congressional representative so it’s a moot point) but generally follow along with these three steps:
- Legislative Control: In most states, the state legislature draws and approves new district maps, subject to the governor’s approval or veto. For example, in states like Florida or Texas, the legislature proposes maps, which the governor can sign or veto.
- Independent Commissions: Some states, like Arizona, Iowa and California use independent redistricting commissions to theoretically reduce partisan bias. These commissions, composed of citizens or appointed officials, draw maps based on public input and previously established criteria. This is the process California Democrats voted on ending last week as they attempt to bypass the independent commission temporarily through a voter referendum (so that they can gerrymander their state’s congressional map as they see fit). New York also has one of these, however the state legislature can override the commission so it’s now largely ineffectual. Ohio has a bipartisan commission.
- Advisory or Backup Commissions: A few states use advisory commissions to recommend maps to the legislature or backup commissions if the legislature fails to agree on a map.
Criteria for Redistricting: Where there is a federal mandate in the redistricting process it’s to follow these guidelines:
- Equal Population: Districts must have roughly equal populations to ensure equal representation. Currently the number of people per congressional district is approximately 780,000.
- Voting Rights Act: Maps must avoid diluting the voting power of racial or ethnic minorities
- Contiguity: Districts must be geographically connected
Process for Approval:
- Public Input and Transparency: Many states hold public hearings or solicit input on proposed maps. Some require maps to be published for review before final approval. Transparency laws vary by state.
- Approval: Once a map is proposed, it’s voted on by the legislature or approved by the commission. If the governor vetoes a legislative map, negotiations or court intervention may occur. In some cases, courts draw maps if the process stalls.
We’ll likely be seeing and hearing much more about this in the coming months, including in Florida, as the state legislature has formally begun to study redistricting the state in advance of next year’s midterm elections. While it remains to be seen how many of the greater than 30 states that could redraw maps to attempt to extract a greater partisan advantage, what’s clear is that there will be more than just California and Texas attempting to redraw congressional maps mid-decade.