6.3 Gerrymandering and redistricting

Gerrymandering and redistricting are crucial issues in American democracy, impacting fair representation and voting rights. These practices involve manipulating electoral district boundaries to favor certain political parties or groups, often at the expense of others.

The redistricting process, which occurs every ten years after the census, is meant to ensure equal representation. However, it can be abused through various types of gerrymandering, including partisan, racial, and bipartisan. Legal challenges and reform efforts aim to address these issues and promote fairer electoral maps.

Definition of gerrymandering

• Manipulative practice in electoral district boundary drawing aims to favor one political party or class
• Undermines fair representation principle central to democratic systems and civil rights
• Distorts voter intent by strategically concentrating or dispersing specific voter groups

Origins of the term

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• Coined in 1812 after Massachusetts Governor Elbridge Gerry
• Gerry approved a redistricting plan with a salamander-shaped district
• Boston Gazette published a political cartoon depicting the district as a dragon-like creature
• Term combines "Gerry" and "salamander" to create "gerrymander"

Purpose of gerrymandering

• Maximize political advantage for the party in power
• Dilute opposition party's voting strength
• Protect incumbent politicians from electoral challenges
• Create "safe" districts for specific party candidates
• Manipulate demographic composition of districts to achieve desired electoral outcomes

Types of gerrymandering

• Redistricting practices significantly impact civil rights and liberties by potentially diluting minority voting power
• Different forms of gerrymandering can lead to unequal representation and violate principles of democratic fairness
• Understanding various types helps identify and address discriminatory redistricting practices

Partisan gerrymandering

• Redrawing district boundaries to benefit a specific political party
• "Cracking" spreads opposition voters across multiple districts to dilute their influence
• "Packing" concentrates opposition voters into fewer districts to limit their overall representation
• Often results in disproportionate seat allocation compared to overall vote share
• Challenges the principle of "one person, one vote" by reducing the weight of some votes

Racial gerrymandering

• Manipulates district boundaries based on racial demographics
• Can be used to either concentrate or dilute minority voting power
• Violates the Voting Rights Act of 1965 if intentionally discriminatory
• "Majority-minority districts" create areas where racial minorities form voting majorities
• Supreme Court has ruled racial gerrymandering unconstitutional in cases like (Shaw v. Reno)

Bipartisan gerrymandering

• Occurs when both major parties agree to protect incumbents
• Creates "safe" districts for each party, reducing electoral competition
• Reduces voter choice and can lead to political polarization
• Often results in fewer swing districts and more predictable election outcomes
• Can discourage voter turnout due to perceived lack of competitive races

Redistricting process

• Crucial aspect of maintaining fair representation in a democracy
• Directly impacts the distribution of political power and representation
• Process varies by state but generally follows a similar timeline and set of principles

Census and reapportionment

• U.S. Census conducted every 10 years provides population data for redistricting
• Reapportionment determines number of congressional seats each state receives
• States use census data to redraw district boundaries for equal population
• Process ensures each district represents roughly the same number of people
• Challenges include counting hard-to-reach populations and addressing demographic changes

State vs federal control

• States primarily control redistricting for both state and federal elections
• State legislatures typically draw district maps, approved by the governor
• Some states use independent commissions to reduce partisan influence
• Federal government intervenes in cases of Voting Rights Act violations
• Supreme Court has limited federal court involvement in partisan gerrymandering cases (Rucho v. Common Cause)

Redistricting criteria

• Population equality remains the primary requirement for districts
• Contiguity ensures all parts of a district are physically connected
• Compactness aims to create districts with regular shapes, avoiding odd configurations
• Preservation of political subdivisions (counties, cities) when possible
• Communities of interest considered to keep groups with shared concerns together
• Compliance with Voting Rights Act to protect minority voting rights

Legal challenges to gerrymandering

• Courts play a crucial role in defining limits of redistricting practices
• Legal battles over gerrymandering directly impact voting rights and representation
• Evolving jurisprudence reflects changing views on role of courts in political questions

Key Supreme Court cases

• Baker v. Carr (1962) established federal courts' jurisdiction over redistricting cases
• Reynolds v. Sims (1964) established the "one person, one vote" principle
• Davis v. Bandemer (1986) ruled partisan gerrymandering claims as justiciable
• Vieth v. Jubelirer (2004) failed to produce a majority on partisan gerrymandering standards
• Shelby County v. Holder (2013) struck down key provisions of the Voting Rights Act
• Rucho v. Common Cause (2019) ruled partisan gerrymandering claims as non-justiciable in federal courts

Constitutional arguments

• Equal Protection Clause of the 14th Amendment used to challenge unfair districting
• First Amendment arguments claim gerrymandering infringes on freedom of association
• Article I, Section 4 grants states authority to determine "Times, Places and Manner" of elections
• Guarantee Clause (Article IV, Section 4) invoked to argue for republican form of government
• Tenth Amendment considerations in balancing state vs. federal control of elections

Voting Rights Act implications

• Section 2 prohibits voting practices that discriminate on the basis of race
• Section 5 (pre-Shelby County) required certain jurisdictions to obtain federal preclearance for changes
• "Retrogression" standard prevents new districting plans from reducing minority voting power
• Creation of majority-minority districts to ensure minority representation
• Tension between compliance with VRA and avoiding racial gerrymandering

Effects of gerrymandering

• Gerrymandering significantly impacts democratic processes and civil liberties
• Distorts the relationship between voters and their representatives
• Creates long-term consequences for policy-making and political engagement

Impact on representation

• Reduces electoral competitiveness in many districts
• Creates disproportionate representation relative to overall vote share
• Weakens constituent-representative relationships due to oddly shaped districts
• Affects legislative priorities and policy outcomes
• Can lead to under-representation of minority groups or political viewpoints

Voter disenfranchisement

• Discourages voter participation in "safe" districts
• Creates perception that individual votes don't matter
• Particularly impacts minority communities through racial gerrymandering
• Can lead to voter apathy and decreased civic engagement
• Undermines principle of equal representation in democratic systems

Political polarization

• Encourages candidates to appeal to party base rather than broader electorate
• Reduces incentives for bipartisan cooperation in legislatures
• Creates more ideologically homogeneous districts
• Contributes to gridlock and partisan conflict in government
• Can lead to more extreme policy positions and rhetoric

Detection and measurement

• Quantifying gerrymandering helps in identifying unfair districting practices
• Statistical methods provide objective measures for court cases and reform efforts
• Advances in technology and data analysis improve detection capabilities

Statistical methods

• Ensemble analysis compares actual maps to large set of randomly generated alternatives
• Markov chain Monte Carlo simulations used to generate sample districting plans
• Bayesian methods estimate probability of gerrymandering given observed election results
• Outlier analysis identifies districts that deviate significantly from expected patterns
• Ecological inference techniques used to estimate voting patterns of racial groups

Efficiency gap

• Measures wasted votes for each party in an election
• Wasted votes include those cast for losing candidates and excess votes for winners
• Calculates difference in wasted votes between parties, divided by total votes cast
• Formula: $[Efficiency Gap](https://www.fiveableKeyTerm:efficiency_gap) = \frac{(Wasted Votes_A - Wasted Votes_B)}{Total Votes}$
• Efficiency gap over 7% often considered indicative of partisan gerrymandering

Compactness measures

• Polsby-Popper score compares district area to area of circle with same perimeter
• Reock score measures ratio of district area to smallest enclosing circle
• Convex hull ratio compares district area to its convex hull
• Moment of inertia measures dispersion of district's territory around its center
• Lower scores on these measures often indicate potential gerrymandering

Reform efforts

• Various approaches aim to reduce partisan influence in redistricting
• Reform initiatives seek to increase transparency and fairness in the process
• Balancing competing interests remains a challenge in implementing reforms

Independent redistricting commissions

• Remove map-drawing power from partisan legislatures
• Composition varies but often includes equal numbers from major parties and independents
• Arizona State Legislature v. Arizona Independent Redistricting Commission (2015) upheld their constitutionality
• California Citizens Redistricting Commission serves as a model for other states
• Challenges include selecting truly nonpartisan members and resisting outside influence

Algorithmic redistricting

• Uses computer algorithms to draw district boundaries based on set criteria
• Aims to remove human bias from the process
• Can quickly generate multiple map options for consideration
• Challenges include defining appropriate criteria and balancing competing objectives
• Examples include (Brian Olson's algorithm) and (Auto-Redistrict software)

Proportional representation systems

• Allocates seats based on overall vote share rather than geographic districts
• Mixed-member proportional systems combine district-based and proportional representation
• Single transferable vote allows voters to rank candidates in multi-member districts
• Could potentially eliminate need for redistricting altogether
• Challenges include complexity and resistance to changing established electoral systems

Gerrymandering vs malapportionment

• Both practices impact fair representation but through different mechanisms
• Understanding the distinction helps in addressing specific electoral fairness issues
• Historical context provides insight into the evolution of redistricting laws

Definitions and differences

• Gerrymandering manipulates district boundaries to favor particular groups or parties
• Malapportionment refers to districts with significantly unequal populations
• Gerrymandering can occur even with equally populated districts
• Malapportionment violates "one person, one vote" principle directly
• Both can result in disproportionate representation but through different means

Historical context

• Malapportionment common before 1960s due to failure to redraw districts despite population changes
• Urban areas often underrepresented due to rural-dominated state legislatures
• Baker v. Carr (1962) established justiciability of malapportionment claims
• Wesberry v. Sanders (1964) required congressional districts to have roughly equal populations
• Reynolds v. Sims (1964) extended equal population requirement to state legislative districts
• Voting Rights Act of 1965 addressed both malapportionment and racial gerrymandering

International perspectives

• Gerrymandering not unique to the United States
• Comparative analysis provides insights into alternative approaches to districting
• International examples highlight universal challenges in ensuring fair representation

Gerrymandering in other countries

• United Kingdom faced accusations of gerrymandering in Northern Ireland
• Canada's federal electoral districts drawn by independent commissions since 1964
• Australia uses Australian Electoral Commission to determine federal electoral boundaries
• France's 2010 redistricting sparked controversy over alleged partisan manipulation
• Singapore's Group Representation Constituency system criticized for potential gerrymandering

Alternative electoral systems

• Proportional representation used in many European countries reduces impact of district boundaries
• Mixed electoral systems in Germany and New Zealand combine proportional and district-based representation
• Single Transferable Vote in Ireland and Malta allows for multi-member districts
• Party-list systems in countries like Israel eliminate need for geographic districts entirely
• Ranked choice voting in some countries aims to reduce polarization and increase representation

Future of redistricting

• Evolving technology and legal landscape shape future redistricting practices
• Ongoing debates over role of courts, legislatures, and independent bodies in process
• Balancing traditional redistricting principles with new approaches remains a challenge

Technological advancements

• Big data and machine learning improve ability to predict voting patterns
• Geographic Information Systems (GIS) allow for more precise boundary drawing
• Public participation tools enable greater citizen involvement in redistricting process
• Blockchain technology proposed for secure and transparent map creation and storage
• Artificial intelligence could potentially automate parts of the redistricting process

Potential legislative reforms

• For the People Act proposes nationwide independent redistricting commissions
• State-level initiatives to implement nonpartisan or bipartisan redistricting processes
• Proposals for multi-member districts with ranked choice voting to reduce gerrymandering impact
• Efforts to standardize redistricting criteria across states
• Calls for increased transparency and public participation in redistricting process

Evolving judicial standards

• Continued debate over justiciability of partisan gerrymandering claims in federal courts
• State courts increasingly active in reviewing redistricting plans (Pennsylvania, North Carolina)
• Potential development of new legal tests for identifying unconstitutional gerrymanders
• Ongoing tension between federal oversight and state control of elections
• Future cases may refine standards for racial gerrymandering and VRA compliance