Will redistricting put black voters in peril?

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Now that the 2010 midterm elections are behind us, the public’s attention is beginning to rightly turn to the upcoming round of redistricting that will commence all throughout the country in just a few months. To date, much of the coverage has focused on the changing political tide in many states.

At the Congressional level, Republicans now control the greatest number of seats in the House since 1948. In the Senate, Republicans picked up 6 seats but control still lies in the hands of Democrats. At the state level, Republicans picked up seven gubernatorial seats and gained majorities within 20 state legislatures. In North Carolina, Republicans gained control of both chambers of the state legislature for the first time in more than 100 years. Both chambers of the legislature in Wisconsin and New Hampshire also flipped to Republicans and the state house similarly went to Republicans in Ohio, Pennsylvania, Michigan, Iowa, Colorado and Indiana.

Some commentators have suggested that these partisan victories will have a direct impact on redistricting maps that emerge from these states. But, partisan gerrymandering of any stripe has historically been highly disfavored. The focus on partisanship also ignores two key forces that must drive redistricting efforts throughout the country: the Constitution and the Voting Rights Act.

Following the release of the 2010 Census, many officials around the country will begin the process of redrawing Congressional, state, city and local legislative boundaries. Adherence to the important federal Constitutional principle of one-person, one vote will be paramount as line drawers will work to draw districts that are equal in population size. Line drawers must also work to ensure compliance with the important provisions of the Voting Rights Act.

Core provisions of the Voting Rights Act prohibit redistricting maps that dilute minority voting strength or maps that are otherwise discriminatory. Both the Constitution and the Voting Rights Act have historically helped to check the mischief that might otherwise taint redistricting efforts around the country.

The months that lie ahead provide an opportunity for those officials charged with the responsibility of redrawing boundary lines to become sufficiently familiarized with the various Constitutional and federal statutory requirements that will shape and impact redistricting choices. It’s also an opportunity for the public to learn more about how redistricting works to be better positioned to be meaningfully engaged in the process.

Here are some key developments around the country that warrant close attention this redistricting cycle:

1. The Gulf States – Most certainly, Hurricanes Katrina and Rita had a substantial impact on Louisiana and its neighboring states. 2010 Census data will confirm the precise demographic shifts that have resulted. Close attention will need to be paid on preserving existing majority minority districts and drawing new districts that recognize any population shifts that may have occurred.

2. Texas – Some estimates suggest that the state of Texas will pick up as many as 3 or 4 new Congressional seats during the upcoming redistricting cycle. Any gain in population is likely attributable to growth of the state’s minority population over the last decade. At the same time, Texas proved to be one of the most contentious battle grounds during the 2000 redistricting cycle, and one of the state’s plans was ultimately found discriminatory by the U.S. Supreme Court. Legislators will need to determine how they can achieve consensus and agreement around maps that comply with federal law and that recognize the state’s growing minority population.

3. California – For the very first time, the largest state in the union will have its legislative maps drawn by an Independent Redistricting Commission. The presumption is that those ultimately selected to serve on the Commission will approach their work in a neutral and non-partisan manner. However, many of these individuals will be newcomers to the process. Efforts will need to be made to ensure that they are properly sensitized to the requirements of the Constitution and Voting Rights Act as they endeavor to redraw state legislative lines.

4. Florida – last week Tuesday, voters approved a ballot measure which sets standards that the legislature must follow when redrawing the lines. The amendments prohibit drawing lines in ways that favor or disfavor a party, among other things. While proponents hope that the amendments will limit the influence of partisanship on the process, some are concerned about the impact that the criteria may have on majority minority districts. Lawsuits were filed challenging the ballot measures before the election and a new suit has been filed since the measure passed last week.

5. New York, Maryland and Delaware — These 3 states are the first to adopt a bill that addresses the long-standing problem of prison gerrymandering. Historically, the Census Bureau counts incarcerated individuals in the facilities where they are detained and not in the communities from which they come and to which they are most likely to return. The use of these census counts inflates the population of communities where prisons are located – a practice that advocates term “prison-based gerrymandering.” The impact is especially great in New York where the vast majority of those incarcerated are from New York City but detained in prisons located upstate. It remains to be seen whether other states will adopt corrective legislation to resolve this problem in time for the upcoming redistricting cycle.

Redistricting represents one of the most important events in our democracy. Work now to prepare communities to play an active role in the redistricting process and to ensure that line-drawers fully appreciate the central role that the Constitution and Voting Rights Act play in the process can help increase the likelihood that fair maps are produced this redistricting cycle.