5.1 Gerrymandering

Gerrymandering is a political tactic that manipulates electoral district boundaries to favor one party. It involves packing opposition voters into few districts or cracking them across many, resulting in oddly shaped districts that don't reflect natural geographic boundaries or communities.

The practice dates back to 1812 and has evolved with technology. Modern gerrymandering uses GIS software and algorithms to precisely target specific populations and voting patterns, making it more efficient than ever before. This has led to reduced electoral competitiveness and disproportionate representation.

Definition of gerrymandering

• Gerrymandering involves manipulating the boundaries of electoral districts to create a political advantage for a particular party or group
• Achieved by concentrating opposition voters into a few districts (packing) or dispersing them across many districts (cracking) to dilute their voting power
• Results in districts with convoluted, irregular shapes that deviate from natural geographic boundaries and communities of interest

History of gerrymandering in the US

Origin of the term "gerrymandering"

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• Term coined in 1812 after Massachusetts Governor Elbridge Gerry approved a redistricting plan that favored his Democratic-Republican Party
• One district resembled a salamander, prompting a newspaper editor to combine Gerry's name with the word "salamander" to create "gerrymander"
• The term has since been used to describe the practice of manipulating district boundaries for political gain

Notable historical examples of gerrymandering

• In 1962, the Supreme Court case Baker v. Carr established the principle of "one person, one vote," requiring districts to have roughly equal populations
• Despite this ruling, gerrymandering persisted, with both Democrats and Republicans engaging in the practice to varying degrees
• In the 1990s, the advent of computer technology and detailed demographic data enabled more precise and effective gerrymandering techniques

Techniques used in gerrymandering

Packing vs cracking

• Packing concentrates opposition voters into a few districts, ensuring they win by large margins but minimizing their overall representation
• Cracking disperses opposition voters across many districts, diluting their voting power and preventing them from forming a majority in any single district
• Both techniques are used in combination to maximize the advantage of the party in control of redistricting

Incumbent protection vs partisan advantage

• Incumbent protection gerrymandering aims to create safe districts for existing officeholders, regardless of party affiliation
• Partisan advantage gerrymandering seeks to maximize the number of districts favoring one party over another
• In practice, these two goals often overlap, as incumbents tend to benefit from districts that favor their party

Impact of gerrymandering on elections

Reduced competitiveness in districts

• Gerrymandered districts often have large majorities of voters from one party, making the general election less competitive
• Incumbents in these districts face little risk of losing to a challenger from the opposing party
• Reduced competition can lead to lower voter turnout and less accountability for elected officials

Disproportionate representation vs popular vote

• Gerrymandering can result in a party winning a majority of seats in a legislature while receiving a minority of the total votes cast statewide
• In the 2012 US House elections, Democrats won 50.6% of the popular vote but only 46.2% of the seats due to Republican-favoring district maps in several states
• This disconnect between popular vote and representation can undermine public trust in the electoral process

Entrenched political power of parties

• Successful gerrymandering can enable a party to maintain control of a legislature even as public opinion shifts away from its policies
• Incumbents in safe districts may be more responsive to party leadership and donors than to their constituents
• Entrenched power can make it difficult for new voices and ideas to enter the political process

Legal challenges to gerrymandering

Relevant Supreme Court cases

• In the 1986 case Davis v. Bandemer, the Supreme Court ruled that partisan gerrymandering could be unconstitutional if it resulted in a "consistent degradation" of voters' influence
• However, the Court struggled to establish a clear standard for determining when gerrymandering crossed this threshold
• In the 2019 cases Rucho v. Common Cause and Lamone v. Benisek, the Court ruled that partisan gerrymandering was a political question beyond the reach of federal courts

State-level efforts to combat gerrymandering

• Some states have adopted independent redistricting commissions to remove the process from the control of partisan legislatures
• Others have enacted constitutional amendments or statutes setting criteria for district boundaries, such as compactness and respect for communities of interest
• State courts have also played a role, with some striking down gerrymandered maps under state constitutional provisions

Role of technology in gerrymandering

Geographic Information Systems (GIS) in redistricting

• GIS software allows mapmakers to analyze detailed demographic and electoral data at the census block level
• This enables the creation of districts that precisely target specific populations and voting patterns
• GIS technology has made gerrymandering more efficient and effective than ever before

Algorithms for optimizing partisan advantage

• Some redistricting software includes algorithms that can automatically generate district maps optimized for a particular partisan outcome
• These algorithms consider factors such as incumbent protection, minimizing district compactness, and maximizing the number of seats won by a party
• The use of such algorithms raises concerns about the lack of transparency and accountability in the redistricting process

Potential solutions to gerrymandering

Independent redistricting commissions

• Independent commissions aim to remove the redistricting process from the control of self-interested legislators
• Commission members are typically selected through a bipartisan or nonpartisan process and may include citizens, retired judges, or other impartial experts
• Commissions are often required to follow criteria such as compactness, contiguity, and respect for communities of interest when drawing district boundaries

Proportional representation systems vs single-member districts

• Some advocates argue that the single-member district system used in most US elections is inherently prone to gerrymandering
• Proportional representation systems, such as multi-member districts with ranked-choice voting, could reduce the incentive and ability to gerrymander
• However, transitioning to a new electoral system would require significant legal and political changes at the federal and state levels

International examples of gerrymandering

Comparative analysis of redistricting practices

• Gerrymandering is not unique to the United States, and many other countries have grappled with the issue in their electoral systems
• In Canada, redistricting is handled by independent commissions at the federal and provincial levels, with varying degrees of success in preventing partisan bias
• In the United Kingdom, the Boundary Commissions for England, Scotland, Wales, and Northern Ireland are responsible for redistricting and operate with a high degree of independence and transparency

Impact of electoral systems on gerrymandering

• Countries with proportional representation systems, such as Germany and New Zealand, are less susceptible to gerrymandering than those with single-member districts
• In mixed-member proportional systems, like those used in Germany and New Zealand, voters cast ballots for both local representatives and party lists, ensuring that the overall composition of the legislature reflects the popular vote
• However, even in proportional systems, there may be opportunities for parties to manipulate district boundaries to their advantage, such as by over-representing rural areas or under-representing minority populations