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Monday, October 10, 2011

Congress can Stop Redistricting Abuse

Legislation has been introduced in the current Congress that would end partisan redistricting. The proposed legislation, requires "redistricting to be conducted through a plan developed by the independent redistricting commission established in the state, or if such plan is not enacted into law, the redistricting plan selected by the state's highest court or developed by a U.S. district court."

Want to make sure that this is the last cycle subject to partisan redistricting? Call your member of Congress and demand action on The John Tanner Fairness and Independence in Redistricting Act (H.R. 453).

In recent posts and interviews I have made clear gerrymandering is used by both parties. I do not see gerrymandering as an issue where one party is busy abusing the process and the other party is simply responding in kind - compelled to defend itself against an enemy will do anything to win. In reality, the simple and unfortunate truth is both parties eagerly engage in these systemic abuses. Let's remember, Maryland's 2nd and 3rd Congressional districts have been highlighted as being among the worst gerrymandered in the nation since appearing a decade ago. Republican drawn districts in Texas (or Pennsylvania) are no worse than Democratic drawn districts in Illinois (or Maryland).

The only reason there is so much focus on the GOP this time around is the 2010 midterm elections were so devastating for Democrats there are very few states where the party has full control over the process - but that hardly means Democrats have clean hands - in fact, Democrats could have prevented all of this.

In 2008, a bipartisan group of Representatives sponsored legislation to enact nation-wide, non-partisan redistricting reform (Congress has that power under the Constitution) and called on then Speaker Pelosi to hold hearings - but it went no where.

2008 offered a perfect storm for reform - under divided government and 2 years prior to a new Census neither party knew who would be in control of drawing new district lines. That uncertainty would have made reform achievable.

If you worry that President Bush would have vetoed the measure, the legislation was reintroduced in 2009. At that time Democrats controlled the whole process - the House, the White House, and held a filibuster-proof majority in the Senate. President Obama was on record opposing gerrymandering having once commented "too often, our representatives are selecting their voters, as opposed to the voters selecting the representatives. That is a situation that I think the American people should not accept."

But these efforts at bilateral disarmament went nowhere. In fact, as these legislators were advocating nationwide, bilateral disarmament, Nancy Pelosi joined the effort opposing non-partisan redistricting reform in her home state of California.

I want to be clear, proposals were ignored under Republican Congresses as well. But the fact that both parties, when presented with a chance to end this process and put the parties on a level playing field - subject only to the judgement of the voters - balked, proves that this is not about one party abusing and another merely responding or defending.

Partisan redistricting is an issue driven by each party's desire for power and neither party wants to surrender power - even if it is the form of bilateral disarmament.

The John Tanner Fairness and Independence in Redistricting Act (H.R. 453) is currently languishing in the House Judiciary Committee's subcommittee on the Constitution. House leadership seems to have no desire in moving this bill forward, but House leadership can be bypassed.

If a simple majority of House members sign a Discharge Petition then the supported legislation can move to the floor regardless of leadership opposition or failure of committee action. Call your member of Congress  demand they sign a discharge petition for H.R. 453.

Through the creation of safe seats, gerrymandering create a reality where the greatest threat to a member of Congress comes from a primary challenge within their party - not from a general election contest. The result being members of Congress more concerned with pleasing the small (but highly motivated and partisan) segment of the electorate who participate in primary elections. For Democrats this means committed liberal activists and committed conservative activists for Republicans - neither group represents the broader electorate.

Help reclaim the House of Representatives for the people and free it from the grip of the parties and ideologically motivated issue activists. Partisan redistricting harms representation.