Tag Archive | "redistricting"

State Legislative Tracker: Six states have held primaries

May 14, 2012

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Edited by Greg Janetka

This week’s tracker features a sessions update and look at recall efforts in Louisiana and Wisconsin.

Sessions

This week 17 out of 50 state legislatures are meeting in regular session. North Carolina is scheduled to convene this week, while Alabama is expected to adjourn.

Twenty-seven states have adjourned for the year, while four states – Montana, Nevada, North Dakota, and Texas – will not hold regular sessions in 2012.

Current sessions capture for the week of May 14, 2012

Regular sessions

See also: Dates of 2012 state legislative sessions

The following states convened their regular legislative sessions:

The following states have ended their regular session:

Click here to see a chart of each state’s 2012 session information.

Kansas

The Kansas State Legislature was scheduled to adjourn today but, due to infighting among Republicans, the session had to be extended. Major issues which remain unresolved include education funding, state employee pension reform, redistricting and the budget. Gov. Sam Brownback (R) stated, “I think it’s reasonable for people to say they should have gotten things done in 90 days. My hope is that they wrap it up here pretty soon.”[1]

Special sessions

Snapshot of State Legislatures:
Monday, May 14, 2012
There are 7,384 Total State Legislators
Total Democratic state legislators 3,303 (44.7%)
Total Republican state legislators 3,968 (53.7%)
There are 99 Total State Legislative Chambers
Total Democratic Party-controlled chambers 36
Total Republican Party-controlled chambers 58
Total tied or non-partisan chambers 5
2012 Session Information
Total Special Elections 25
Total Special Sessions 11

In 2011, special sessions were a widespread occurrence in state legislatures. This was largely due to states’ having to complete the redistricting process for legislative and congressional districts. Overall in 2011, there were 45 special sessions in 28 states.

Since the beginning of 2012, there have been 11 special sessions in 8 states. Two are ongoing.

Colorado

Colorado began a special session today to deal with the issue of civil unions as well as other unresolved issues that Republican House leaders stopped action on. Gov. John Hickenlooper (D) called the session, stating, “Transparency, accountability and the virtues of good government are compromised when the legislative clock is used to avoid consideration of important legislation. We owe it to the people we serve to do better.”[2]

Maryland

Gov. Martin O’Malley announced on May 4 that he would call state legislators back into session on May 14 to deal with lingering budget issues.[3] The session opened today with protests by GOP lawmakers, calling O’Malley a liar and vowing to fight a Democratic plan to raise income taxes and move part of the cost of teacher pensions to the counties.[4]

Criticism of the effort to raise taxes has not been just a partisan matter – this morning State Comptroller Peter Franchot (D) sent a letter to the press calling the plan “simply the wrong approach at the wrong time.”[5]

In recess

As of today, May 14, 3 states’ sessions are currently in recess:

Redistricting

State news

Alaska

On April 10, the Alaska Supreme Court rejected the Alaska Redistricting Board’s revised redistricting map. A previous version of the map had already been struck down by the court. Although the ruling reiterated the need to more closely adhere to the Alaska Constitution, it also gave more specific instructions regarding the map. The court ordered the Board to redraw House Districts 31 through 34 and Senate Districts P and Q. The court had previously instructed the Board to make Voting Rights Act adjustments only after the state constitutional requirements were satisfied. However, the court has now instructed board not to make VRA adjustments since, according to the court, the Act does not justify diverging from the state constitution for the districts in question. The Board has until May 15 to revise the plans. Objections must be filed by May 18.[7]

Redistricting Facts
Maps submitted for vote: 135 out of 142 (95.1%)** No votes on initial maps in the following: AL (2), KS (1), ME (2), MT (2)
States that have completed Congressional Maps 42/43 (Maps unfinished: KS)
States that have completed State Legislative Maps 45/50 (Maps unfinished: AL, KS, ME, MS, MT)
**With 50 states, there are 142 possible maps. 50 State Senate, 49 State House (No House in Nebraska), and 43 Congressional (7 states have 1 seat)

Arkansas

A redistricting trial began last week in Arkansas. A panel of three federal judges dismissed Secretary of State Mark Martin (R) from the suit, which was filed regarding an eastern Arkansas State Senate district.[8] The court ruled it will not delay the May 22 primary as it considers the case.[9]

Kansas

On April 10, the Kansas House of Representatives approved a Senate redistricting map. The move is part of an ongoing feud between moderate Republicans in the Senate and conservatives in the House. Ordinarily, each chamber draws its own chamber maps. The competing House plan challenges this tradition.[10]

Kansas law requires legislators to complete redistricting during the regular session–which is limited to 90 days. The 90 day limit has passed and a lawsuit has been filed, but it’s unclear when or if the courts will intervene.[11]

New Hampshire

Five lawsuits filed against the approved House districts have been consolidated into one case and have been sent to the state Supreme Court. Separate cases were filed by the cities of Concord and Manchester, the town of Gilford, a group of Democrats and a group of House Republicans.[12]

According to lawsuits, the new House districts denied certain towns and wards their own representatives even though they deserved them by law. Gov. John Lynch (D) used similar arguments when he vetoed the bill, but the Republican majority in the legislature overrode the veto.[12]

2012 Legislative Elections

See also: State legislative elections, 2012 and State legislative elections results, 2012

A total of 86 of the 99 chambers will hold state legislative elections on November 6, 2012.

1,272 (64.5%) of the country’s 1,971 state senate seats are up for election in November 2012, and 4,712 (87.05%) of the country’s 5,413 state house seats are up for election. Altogether, 5,984 (81.04%) of the country’s 7,384 state legislative seats will be up for election during the presidential election year.

  • 43 of the 50 state senates are holding elections.
  • 43 of the 49 state houses are holding elections.

The 5,984 seats up for election is 141 fewer than the 6,125 that were contested in 2010.

Filing deadlines

See also: Signature requirements and deadlines for 2012 state government elections and 2012 Elections preview: Comparing state legislative filing deadlines

Two states – Michigan and Washington – have signature filing deadlines this week.

So far, deadlines have passed in 26 states:

States with upcoming deadlines:

Primaries

See also: 2012 election dates

State legislative primaries taking place this week:

So far, primaries have taken place in six states:

A total of 18 state legislative incumbents have been defeated in a primary.

States with upcoming primaries:

Note: Texas was originally scheduled to hold their primary on March 6. However, with newly drawn state legislative maps being fought in the courts, the date was moved to May 29.

Recalls

Currently, 18 states permit the recall of state officials. Between 1913 and 2008, there were just 20 state legislative recall elections in five states. Of the 20 state legislative recall elections, 13 out of 20 resulted in the state legislator being recalled. In 2011, there were 11 state legislative recalls in three states, 4 of which resulted in the legislator being recalled. In 2012, there are currently 4 scheduled state legislative recalls.

Louisiana

Last week recall paperwork was filed against Republican state Reps. Kevin Pearson and Greg Cromer, both of whom are considered allies to Gov. Bobby Jindal (R). A petition drive was launched in March against Speaker of the House Chuck Kleckley for his support of Jindal’s proposed changes to the education system. In order for a recall election to be scheduled, organizers have to collect signatures from one-third of the registered voters in each district within 180 days.[13]

Michigan

2011 saw a wave of recall attempts in Michigan. While most of those efforts dried up, at least two campaigns continued on (the recall of Paul Scott was successful on November 8, 2011). Organizers of the campaigns to recall Bruce Caswell (R) and Phil Pavlov (R) set their sights on the August 2012 ballot, but last month organizers of the Pavlov recall announced they did not have enough signatures and were abandoning their efforts.[14] The Caswell campaign remains active.

Proposed recall petition language was submitted in April targeting Senate Majority Leader Randy Richardville (R). The man behind the move is Jeff Andring, a fellow Republican and former chairman of the Monroe County Republican Party. The language says Richardville should be recalled for cosponsoring legislation that benefited the brother of the state GOP chair, supporting a right-to-work law only affecting public school teacher unions, and supporting a proposed bridge to Canada.[15]

The language was recently rejected in a 3-0 vote by officials in Monroe County because it was unclear. Andring has the option to appeal the decision or to reword the petition.[16]

Wisconsin

See also: Timeline of events of the recall of Wisconsin State Senators in 2012

Recalls are scheduled against four state senators. The primary took place on May 8 with general elections on June 5.[17]

Democrats in Wisconsin filed recall petitions on November 15, 2011 against four Republican state senators – Pam Galloway, Scott Fitzgerald, Terry Moulton and Van Wanggaard.[18] Campaign organizers turned in more than the necessary number of signatures in each of the four races on January 17, 2012.

The Republican Party ran protest candidates (Republicans who ran as Democrats) in each of the primaries in order to ensure all recalls would take place on the same date. The “fake” candidates were all defeated, taking between 27.9 and 35.8 percent.

Matchups for the June 5 recalls are as follows:

District 13 – Sen. Scott Fitzgerald (R) faces Democrat Lori Compas, an organizer of the recall, and Libertarian Terry Virgil.
District 21 – Sen. Van Wanggaard (R) faces former state Sen. John Lehman (D).
District 23 – Sen. Terry Moulton (R) faces former Democratic state legislator Kristen Dexter.
District 29 – Sen. Pam Galloway (R)

Galloway resigned, but the recall against her continues as scheduled. State Rep. Jerry Petrowski (R) is running in her place and will face Democratic state Rep. Donna Seidel.

Meanwhile, a recall targeting Sen. Bob Jauch (D) was launched on March 19, 2012. Supporters of the recall needed to collect 15,270 valid signatures by May 18 in order to force a recall election, but they suspended the recall a week before the deadline.[19][20]

On Friday, a Hayward affiliate of the Citizens for Responsible Government announced they would be suspending the recall drive, stating “the group intends to focus its resources to retain Governor Scott Walker and Lieutenant Governor Rebecca Kleefisch in the upcoming recall elections.”[21]

The group promised more information about the future of the recall following the recall elections on June 5, 2012.[21]

Special Elections

See also: State legislative special elections, 2012

There are no special elections scheduled to take place this week.

Looking ahead

Upcoming special elections include:

  • July 17: South Carolina Senate District 41
  • July 24: South Carolina House District 68
  • November 6: New Jersey Assembly District 16
  • November 6: New Jersey Assembly District 26
  • November 6: New Jersey Assembly District 68

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State Legislative Tracker: In addition to primaries, Pennsylvania to hold 6 special elections tomorrow

April 23, 2012

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Edited by Greg Janetka

This week’s tracker features an update on the ongoing special sessions in Alaska and Virginia.

Sessions

This week 23 out of 50 state legislatures are meeting in regular session. No states are scheduled to convene this week while one state – Iowa – is expected to adjourn.

Eighteen states have adjourned for the year, while four states – Montana, Nevada, North Dakota, and Texas – will not hold regular sessions in 2012.

Current sessions capture for the week of April 23, 2012

Regular sessions

See also: Dates of 2012 state legislative sessions

The following states convened their regular legislative sessions:

The following states have ended their regular session:

Click here to see a chart of each state’s 2012 session information.

Special sessions

Snapshot of State Legislatures:
Monday, April 16, 2012
There are 7,384 Total State Legislators
Total Democratic state legislators 3,303 (44.7%)
Total Republican state legislators 3,967 (53.7%)
There are 99 Total State Legislative Chambers
Total Democratic Party-controlled chambers 36
Total Republican Party-controlled chambers 58
Total tied or non-partisan chambers 5
2012 Session Information
Total Special Elections 19
Total Special Sessions 9

In 2011, special sessions were a widespread occurrence in state legislatures. This was largely due to states’ having to complete the redistricting process for legislative and congressional districts. Overall in 2011, there were 45 special sessions in 28 states.

Since the beginning of 2012, there have been 9 special sessions in 6 states. Two are ongoing.

Alaska

Gov. Sean Parnell (R) called for a special session last week following the end of the Legislature’s regular session in order to deal with unresolved issues, including oil taxes, an in-state natural gas pipeline project and strengthening penalties for people convicted of sex trafficking.[1] On April 18, it got off to a slow start, as both the House and Senate passed a resolution to bring back a sex-trafficking measure and an in-state gas line bill that died during the regular session.[2] The trafficking bill has passed both chambers, but other issues are ongoing. Jessica Geary, finance manager of the Legislative Affairs Agency, estimated that each day of the special session costs the state up to $30,000.[3]

Kentucky

The Kentucky Legislature wrapped up a five-day special session last Friday, reaching an agreement on a transportation budget and a bill targeting prescription drug abuse. Gov. Steve Beshear (D) ordered the special session last week so lawmakers could take up the two major bills that died during the regular session. The session cost approximately $300,000.[4][5]

Maryland

Maryland might hold a special session in order to deal with unfinished budget issues, but Gov. Martin O’Malley (D) said he will only call one if legislative leaders agree that there will not be another stalemate. The General Assembly passed a budget before the regular session adjourned, but measures related to the budget stalled. Among these is a tax plan to balance the budget. Without one in place, a “doomsday plan” of $512 million in cuts will take effect.[6]

Last Tuesday, House Republicans announced their support for the state’s approved budget, set to start July 1, while calling on Democratic leaders not to hold the special session. Republicans said the $512 million in cuts is not a doomsday scenario but rather a good start in limiting spending.[7] The governor is expected to meet with Democratic leaders tomorrow to discuss the possibility of a special session.[8]

Virginia

The Virginia General Assembly reconvened its special session last week in an attempt to pass a budget.[9] It ended its regular session on March 10 without passing a new state budget. Thus, the same day that the Legislature adjourned, it also formally started a special session to address the issue.[10]

The Senate passed an $85 billion budget plan on Wednesday, sending it to the governor for review. The previous day saw a stalemate in the chamber over funding to extend the metro train system to Dulles International Airport.[11] The governor has seven days to sign or veto the plan. The session is projected to adjourn on Friday.[12]

In recess

As of today, April 23, 6 states’ sessions are currently in recess:

  • Kansas – In recess from March 31 to April 24. Will return for wrap-up session April 25, scheduled to adjourn April 30.
  • Maine – In recess from April 14 until May 13.[12]
  • New Jersey – In recess for budget hearings from March 16, 2012 through May 15, 2012[12]
  • North Carolina – Mid-term recess June 18, 2011 through May 12, 2012[12]
  • Pennsylvania – In recess April 5 until April 30.[12]
  • Wisconsin – In recess from March 17, 2012 through April 23, 2012. Will only return to conduct limited business.[12]

Redistricting

State news

Alaska

On April 20, Judge Michael McConahy of Alaska’s Fourth District Superior Court struck down the state Redistricting Board’s revised map. He found that the plan still fails to ensure compliance with the Alaska Constitution. Earlier this year, McConahy and (upon appeal) the Alaska Supreme Court overturned Board’s original plan. The Board will hold a public meeting on April 24 to consider an appeal.[13][14]

  • The ruling in the case can be found here.
  • Details and teleconference info for the meeting can be found here.
Redistricting Facts
Maps submitted for vote: 135 out of 142 (95.1%)** No votes on initial maps in the following: AL (2), KS (1), ME (2), MT (2)
States that have completed Congressional Maps 41/43 (Maps unfinished: KS, NH)
States that have completed State Legislative Maps 45/50 (Maps unfinished: AL, KS, ME, MS, MT)
**With 50 states, there are 142 possible maps. 50 State Senate, 49 State House (No House in Nebraska), and 43 Congressional (7 states have 1 seat)

Vermont

The Vermont State Senate has approved legislative redistricting maps for the House and Senate. However, disagreements still persist between the two chambers over the maps. The plans now head to a House-Senate conference committee where lawmakers hope to iron out their differences. Regardless of a legislative compromise, some worry that the high population deviations (18.2% for the Senate, 24% for the House) will prompt a legal challenge against the maps.[15][16]

  • The Senate-approved Senate plan can be found here.
  • The Senate-approved House plan can be found here.

Wisconsin

Despite saying that the Republican-drawn maps “have largely been vindicated” by the court, Wisconsin Attorney General J.B. Van Hollen (R) has now appealed the three-judge panel’s decision regarding the two Assembly districts the panel ordered to be redrawn. The appeal goes directly to the U.S. Supreme Court, who is required to take the case.[17]

Democrats called the move unnecessary and expensive. Assembly Minority Leader Peter Barca (D) asked, “Does their appetite for wasting taxpayer money on protecting their own political interests ever end? It must be the first time in history anyone has appealed their ‘vindication’ to the Supreme Court.”[17]

In response to criticism, Van Hollen said, “While some view the adverse portion of the district court decision as being inconsequential, I disagree. Any time a federal court rejects a state redistricting statute, and decides to redraw or adjust a legislative district, it is a serious matter and appropriate for appellate review.”[17]

2012 Legislative Elections

See also: State legislative elections, 2012 and State legislative elections results, 2012

A total of 86 of the 99 chambers will hold state legislative elections on November 6, 2012.

1,267 (64.3%) of the country’s 1,971 state senate seats are up for election in November 2012, and 4,712 (87.05%) of the country’s 5,413 state house seats are up for election. Altogether, 5,979 (81.0%) of the country’s 7,384 state legislative seats will be up for election during the presidential election year.

  • 43 of the 50 state senates are holding elections.
  • 43 of the 49 state houses are holding elections.

The 5,979 seats up for election is 146 fewer than the 6,125 that were contested in 2010.

Filing deadlines

See also: Signature requirements and deadlines for 2012 state government elections and 2012 Elections preview: Comparing state legislative filing deadlines

No states have signature filing deadlines this week.

So far, deadlines have passed in 26 states:

States with upcoming deadlines:

Primaries

See also: 2012 election dates

State legislative primaries take place this week in Pennsylvania. Half of the state’s 50 Senate seats and all 203 House seats will be up for election.

So far, primaries have taken place in two states:

A total of five state legislative incumbents have been defeated in a primary.

States with upcoming primaries:

Note: Texas was originally scheduled to hold their primary on March 6. However, with newly drawn state legislative maps being fought in the courts, the date was moved to May 29.

Recalls

Currently, 18 states permit the recall of state officials. Between 1913 and 2008, there were just 20 state legislative recall elections in five states. Of the 20 state legislative recall elections, 13 out of 20 resulted in the state legislator being recalled. In 2011, there were 11 state legislative recalls in three states, 4 of which resulted in the legislator being recalled. In 2012, there are currently 4 scheduled state legislative recalls.

Michigan

2011 saw a wave of recall attempts in Michigan. While most of those efforts dried up, at least two campaigns continued on (the recall of Paul Scott was successful on November 8, 2011). Organizers of the campaigns to recall Bruce Caswell (R) and Phil Pavlov (R) set their sights on the August 2012 ballot, but earlier this month organizers of the Pavlov recall announced they did not have enough signatures and were abandoning their efforts.[18] The Caswell campaign remains active.

Proposed recall petition language was submitted last week targeting Senate Majority Leader Randy Richardville (R). The man behind the move is Jeff Andring, a fellow Republican and former chairman of the Monroe County Republican Party. The language says Richardville should be recalled for cosponsoring legislation that benefited the brother of the state GOP chair, supporting a right-to-work law only affecting public school teacher unions, and supporting a proposed bridge to Canada.[19]

Andring explained the campaign, saying, “I’ve always been critical of his policies because Randy’s a liberal Republican and I’m a conservative Republican. Randy’s a nice guy, but I disagree with his policies and it’s time to say enough is enough.” The Monroe County elections commission will meet May 2 to vote on the proposed recall language.[19]

Wisconsin

See also: Timeline of events of the recall of Wisconsin State Senators in 2012

Recalls are scheduled against four state senators. The primary will take place on May 8 with general elections on June 5.[20]

Democrats in Wisconsin filed recall petitions on November 15, 2011 against four Republican state senators – Pam Galloway, Scott Fitzgerald, Terry Moulton and Van Wanggaard.[21] Campaign organizers turned in more than the necessary number of signatures in each of the four races on January 17, 2012.

In late March, state Republican Party officials announced plans to run Democratic candidates in all four recall primaries in order to ensure primaries in all races, which then guarantees all recalls will take place on the same day.[22] Because Wisconsin has an open primary system, voters do not have to be registered to a specific party in order to cast a vote in the primary. Therefore, Republican-leaning voters can cross over to the Democratic primary and vice-versa. Republicans used the same maneuver last year during the recall elections of six GOP state senators. The “fake” or “protest” candidates were all defeated in the primary, receiving between 29 and 44 percent of the vote.

Candidates in the recalls had until April 10 to file to get on the ballot, and the Wisconsin Government Accountability Board held a special meeting April 17 to consider challenges to the candidates and certify ballot access.[23] Democrats filed a complaint against all of the protest candidates, arguing they knowingly gave false information on documents submitted to election officials, but that was rejected by GAB, allowing them to stay on the ballot.[24] Republicans are not mincing words when it comes to their intentions behind the fake candidates, as State Rep. Robin Vos openly said “We are encouraging Republicans to vote in the Democratic primaries.”[25]

Matchups for the recalls are as follows:

Special elections

See also: State legislative special elections, 2012

There are six special elections scheduled to take place this week in Pennsylvania. House Speaker Sam Smith (R) initially maintained that he was legally prohibited from scheduling the special elections until the state had established new legislative redistricting maps. However, on February 29, the Pennsylvania Supreme Court ruled 4-3 that the special elections could not wait and set the April 24 date. Party ward leaders nominated candidates for the election.[30]

Pennsylvania House District 22

Chelsa Wagner (D) resigned in January after being elected Allegheny County controller in November 2011.[31]

Democratic Party (United States) Democratic Candidate:
Republican Party Republican Candidate:

Pennsylvania House District 134

Douglas Reichley (R) resigned after being elected Lehigh County judge in November 2011.[32]

Democratic Party (United States) Democratic Candidate:
Republican Party Republican Candidate:

Pennsylvania House District 153

Josh Shapiro (D) resigned in December after being elected Montgomery County Commissioner in November 2011.[33]

Democratic Party (United States) Democratic Candidate:
Republican Party Republican Candidate:

Pennsylvania House District 169

Dennis O’Brien (R) resigned after being elected to the Philadelphia City Council in November 2011.

Democratic Party (United States) Democratic Candidate:
Republican Party Republican Candidate:

Pennsylvania House District 186

Kenyatta Johnson (D) resigned after being elected to the Philadelphia City Council in November 2011.

Democratic Party (United States) Democratic Candidate:
Republican Party Republican Candidate:

Pennsylvania House District 197

Jewell Williams (D) resigned after being elected Philadelphia sheriff in November 2011.[34]

Democratic Party (United States) Democratic Candidate:
Republican Party Republican Candidate:
Independent Independent Candidate:

 

Looking ahead

Upcoming special elections include:

  • April 24: Pennsylvania House District 22
  • April 24: Pennsylvania House District 134
  • April 24: Pennsylvania House District 153
  • April 24: Pennsylvania House District 169
  • April 24: Pennsylvania House District 186
  • April 24: Pennsylvania House District 197
  • July 10: South Carolina Senate District 41
  • July 24: South Carolina House District 68

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Georgia redistricting sees a shift in representation

April 20, 2012

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ATLANTA, Georgia: As Georgia saw a significant increase in population through the 2010 census, a new congressional district was added to the state meaning that all the previous districts had to be redrawn. This led to many representatives being shifted around and finding that they had new members in their district and had to go through the process again of getting to know who they were representing. One representative, Paul Broun has had to go through the introduction process once again to make sure he retains his seat in congress, even though most of the members in his district now are completely new to him. The primary in Georgia is slated for July 31 and Broun noted that he has a lot to re-learn as he understands his new district’s concerns and needs and the people he could potentially represent. For many representatives, this upcoming primary will be a test of if they can retain their seats even in the wake of new territory and new members to please.[1]

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State Legislative Tracker: 24 states have had signature filing deadlines

April 10, 2012

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Edited by Greg Janetka

This week’s tracker features an update on the partisan count and a look at the current special sessions in Virginia and Washington.

Starting this week, the State Legislative Tracker will be organized into tabs.

  • Sessions: This section will be a breakdown of states in session and updates from some states
  • Redistricting: This section will detail redistricting news from the past week
  • 2012 Legislative Elections: This section will contain an update on signature filing deadlines and primaries
  • Recalls: This section will provide a recap of relevant recall news
  • Special Elections: This section will chronicle special elections in state legislatures

Read more about this here!

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Redistricting Roundup: Court rules another map needs revision

March 26, 2012

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Edited by Geoff Pallay

Note: Next week’s roundup, March 30, will be the final edition of the Redistricting Roundup. Ballotpedia staff will still cover redistricting news, with updates being added to the State Legislative Tracker, which is published on Monday afternoons.

Other states featured in this week’s Roundup

Acting with a sense of urgency, a three-judge federal panel approved new congressional districts for New York on Monday–the day before candidates could begin collecting signatures to qualify for the ballot. The map is nearly identical to the one proposed by U.S. Magistrate Judge Roanne Mann, who was appointed to act as special redistricting master. The panel noted that Mann was able to provide the court with a map in two weeks’ time – something the legislature has unable to do for over a year.

The new map reduces the number of congressional seats from 29 to 27, eliminating the mid-Hudson Valley seat held by retiring Democrat Maurice Hinchey and the Queens district held by Republican Bob Turner. Turner, in response, is now running for the U.S. Senate against incumbent Kirsten Gillibrand (D). According to the Democratic Congressional Campaign Committee, six of the seven GOP-held U.S. House seats will be less safe for incumbents, while at least four Democratic incumbents will face less friendly districts.

New legislative districts were approved by the legislature last week and signed into law by Gov. Andrew Cuomo (D). The districts still need to be approved by the Justice Department to ensure that they comply with the Voting Rights Act. Additionally, a court case brought by Democrats against the addition of a 63rd seat in the Senate is pending. They argue that the new seat is nothing but an attempt by the GOP to retain their majority in the chamber, while Republicans argue it is required by the state Constitution.

Meanwhile, it is appearing more likely that New York will have two different primary dates for state legislative and congressional primaries. A judge has moved the congressional primary to June 26. While the Democrat-controlled Assembly favors moving the legislative primary to June 26 as well, the Republican-controlled Senate prefers to keep the primary on September 11, so as not to disrupt the legislative calendar.

State news

Alaska

After the Alaska Supreme Court remanded the redistricting challenge to the superior court, Judge McConahy set an April 2 deadline for submitting new plans and an April 13 deadline for review and adoption by the Board. Opponents were also invited to file their own map submissions by April 2 or file objections to the adopted plan by April 23. The board was given until April 27 to respond to any objections. McConahy set a May 7 court date for revisiting the plans.

Although the Alaska Redistricting Board had already scheduled meetings to make the necessary revisions, it questioned McConahy’s authority to establish the timeline. On March 16, attorneys for the Board asked McConahy vacate the order establishing the deadlines. On March 21, McConahy agreed to vacate the order. The board now plans to complete the revised map by June 1–Alaska’s filing deadline for legislative candidates. The board will hold a series of meetings each day next week to begin work on the new map. Citizens unable to attend the meetings in person may participate via streaming video or teleconference.

  • Dates and other information on the meetings can be found here.

Arizona

On Wednesday, the Arizona State Senate approved an additional $700,000 appropriation to the Arizona Independent Redistricting Commission. The Senate voted 18-9 to approve the measure which had been sent to its chamber by the House. The commission had sought an extra $1.1 million.

Meanwhile, House speaker Andy Tobin (R) is considering whether the Legislature will sue to attempt to block the legislative and congressional redistricting maps.

Quote of the Week

“I think it’s one step in a long process. We’re in court, and this whole process may have to repeat itself if we win the lawsuit over the 63rd seat. People shouldn’t take these lines to the bank just yet.”[1]– Mike Gianaris (D), New York State Senator commenting on the new state senate map.

Florida

Yesterday, the Florida State Senate passed a revised chamber map, seeking to comply with changes mandated by the Florida Supreme Court. On March 10, the state’s High Court rejected the original maps, finding eight districts unconstitutional and ruling that district numbers had been assigned as to favor particular incumbents over others. Ultimately, 24 districts were modified to accommodate the changes to the eight rejected by the court. The revised numbers were picked using Bingo machines.

Despite these modifications, Democratic leaders maintain that the revised maps still violate the 2010 “Fair Districts amendment by favoring incumbents. The plan was approved 31-6 with five Democratic senators supporting the plan. The House is expected to pass the plan.

  • The overturned plan can be found here.
  • The revised plan can be found here.

Meanwhile, court challenges are pending against Florida’s new congressional districts. Last Friday, a state circuit court judge said he will likely begin hearing the challenges next month. The challenges were filed by a collection of voter groups and the Florida Democratic Party. Florida’s petition filing deadline is in May and the candidate qualifying deadline is in June.

Kansas

This week, the Kansas House of Representatives rejected two competing redistricting plans, sending lawmakers back to the drawing board. The committee map, approved on March 14, floundered in the House until it was replaced by Rep. Tom Arpke (R). The replacement map passed 70-51 in a preliminary vote on Tuesday. However, House Speaker Mike O’Neal (R), an advocate of the original map, sharply criticized the map and the House promptly voted it down on Wednesday, 48-76. It now appears that neither map is destined for passage. Another, Senate-drawn congressional map appears doomed as well.

As House lawmakers begin drafting a consensus map, it appears likely that parts of Shawnee County will be used to bolster the 1st Congressional District. The now-dead committee bill moved a portion of Wyandotte County–home to Democratic-leaning Kansas City–into the conservative 1st Congressional District of Kansas. The Senate chose a bipartisan map that kept Wyandotte in the 3rd Congressional District of Kansas, drawing population for District 1 from Riley County.

Meanwhile, a Kansas State Senate panel approved a chamber map on Monday, protecting three incumbent Republicans from conservative challengers. The changes would protect Carolyn McGinn, Tim Owens, and Jean Schodorf.

Redistricting Facts
Total States with Lawsuits filed: 37 See full list here
Total States where courts have altered/changed the final map: 17
Maps submitted for vote: 135 out of 142 (95.1%)** No votes on initial maps in the following: AL (2), KS (1), ME (2), MT (2)
States that have completed Congressional Maps 41/43 (Maps unfinished: KS, NH)
States that have completed State Legislative Maps 43/50 (Maps unfinished: AL, KS, ME, MS, MT, NH, NY)
**With 50 states, there are 142 possible maps. 50 State Senate, 49 State House (No House in Nebraska), and 43 Congressional (7 states have 1 seat)

Maryland

Maryland’s redistricting process was marked by rampant criticism and several lawsuits, but in the end, congressional and legislative maps were passed without great incident. Some of the greatest anger came toward the legislative maps, which became law without having hearings in the General Assembly. Lawmakers put forth a number of alternative plans, but none of them saw hearings either. With new districts in place and anger subsided, a slate of bills have been proposed to reform the next round of redistricting.

Nine bills in total have been heard by committees, but so far no votes have been taken. Most legislators don’t appear optimistic at their chances of passing. Suggested reforms include creating task forces to study redistricting, increasing the time for public comment, and creating a bipartisan commission to draw the districts and remove political considerations from the process.

Mississippi

In 2011, Mississippi lawmakers failed to redraw their legislative boundaries. As a result, the 2011 elections were held using the map from the 2000 Census. Republicans ultimately took control of both the Senate and House. Now, legislators must once again attempt to draw new districts using the 2010 Census. The legislature will be accepting public input through mid-April before embarking on another attempt at completing the constitutionally-mandated redistricting process.

Missouri

The Missouri Supreme Court has missed a scheduled hand-down day as candidates wait for it to rule on challenges to the state’s congressional and state House districts. The court could release the ruling on a special day, but some are concerned that the Court could now miss the state’s March 27 filing deadline.

This Week’s Redistricting Highlight

The Ohio “Voters First” coalition has submitted initial signatures for a state constitutional amendment creating a non-partisan citizens redistricting commission. The 12-member commission would be drawn from around the state, while excluding donors, politicians, and lobbyists. Once petition language is approved, the group will begin collecting the 386,000 signatures required to place the measure on the ballot.

South Carolina

Earlier in March, a three-judge federal panel dismissed a lawsuit that alleged racial discrimination in South Carolina’s new districts. This week, six voters have appealed that ruling up to the U.S. Supreme Court. The Court has not yet decided if it will take up the case.

Tennessee

Last Friday, March 16, Democrats filed a lawsuit against the Republican-drawn Tennessee State Senate redistricting maps. The suit argues that the Tennessee State Senate map unnecessarily splits too many counties. The implemented map splits eight counties while a map drawn by the General Assembly Black Caucus map would split five.

West Virginia

On January 20, the US Supreme Court stayed a federal court ruling requiring West Virginia lawmakers to redraw the state’s congressional redistricting map. The state has until March 27 to file a brief with the Supreme Court or seek an extension on the stay. If the case does not go before the Court, the lower court’s ruling will take effect and the maps will be redrawn. The court will likely make a decision on whether to consider the appeal by this fall.

Wisconsin

Yesterday, a three-judge federal panel upheld Wisconsin’s new congressional and State Senate districts, but ordered two Milwaukee-area Assembly districts to be redrawn for violating the Voting Rights Act. The panel held that the map unfairly diluted Latino voting power and ordered the map back to the legislature, mandating that lawmakers redraw Districts 8 and 9 without affecting any other districts. In the meantime, the Wisconsin Government Accountability Board has been barred from implementing the new map.

Although the judges upheld the great majority of the districts drawn by Republicans, they harshly criticized the process, calling it “needlessly secret” and stating that every effort was undertaken in order to complete the work out of the public eye. The legislature recently adjourned their 2012 session and it is unclear how they will take up the task, especially since the state Senate is evenly divided following Republican Pam Galloway‘s resignation on March 17.

The court challenge was first filed back in June 2011, prior to the passage of maps. Throughout the process the panel criticized Republicans for unnecessary secrecy, ordering them to release documents numerous times. Among these were agreements signed by nearly all Republican legislators stating they would not discuss the maps while they were in progress. Still, with the ruling, state Attorney General J.B. Van Hollen (R) called it a win for GOP leaders.

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Redistricting Roundup: Courts continue to play an active role in redistricting

March 02, 2012

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Edited by Greg Janetka

Other states featured in this week’s Roundup

While the majority of legislative and congressional maps have been passed into law, several are still being fought in the courts, and a number of those awaiting approval have already ended up before a judge.

In New York, U.S. Magistrate Judge Roanne Mann has been appointed by a federal three-judge panel to act as special redistricting master. Assembly Democrats and Senate Republicans appeared at a hearing before Mann and the panel on Monday. The legislative leaders acknowledged they did not have an agreement on a new map of congressional districts, and Mann ordered them to submit plans by Wednesday. Outside groups were given until today to submit plans. Mann will consider all suggested maps and issue her own maps by March 12.

Currently, Mann only has authority over the drawing of congressional districts, but that could change. Legislative leaders have to report to the court by March 15, and if they are not making progress, the court will address legislative district lines as well.

On Wednesday, legislative leaders said they were unable to agree on a proposed congressional map. Instead, three legislative conferences – Senate Republicans, Assembly Republicans and Assembly Democrats – submitted their own plans. Senate Democrats chose not to submit a plan because, as spokesman Mike Murphy explained, “Politicians should not be drawing the lines.”[1]

While all the proposals differed, the three parties each urged the court to preserve the seats of incumbents and agreed that the district held by Rep. Maurice Hinchey (D), who is retiring, should be one of the two eliminated. Since the proposals were all submitted separately, they are not legally binding and Mann is not required to adopt any of them. However, if the legislature and Gov. Andrew Cuomo (D) are able to agree on a plan soon, the court may have to defer to it.

The court also announced it will hire Nathaniel Persily, a professor at Columbia Law School, as an adviser to Mann. Persily recently served as special master in Connecticut. He will be paid $400 an hour for his work.

Meanwhile, details have started to emerge on a possible deal between Gov. Andrew Cuomo (D) and the Legislature to create a constitutional amendment to change the state’s redistricting process. The plan under discussion would create a 10 member panel made up of eight members appointed by legislators, who would then select the remaining two. A Constitutional change requires the approval of two consecutively elected legislatures and thus would take years to implement. If approved it would not be in effect until redistricting following the 2020 census.

State news

Florida

Under Florida law, the Florida Supreme Court is required to review the state’s legislative redistricting maps. On Wednesday, the Court heard oral arguments in that review. This is the first time legislative maps have had to conform to the “Fair Districts” amendment approved in 2010. As such, the court asked a range of questions intended to guide the court in interpreting the new law.

Attorneys for the state argued that the maps were drawn fairly, and that the lawmakers who drafted the maps did not known where incumbents lived. However, attorneys opposing the maps argue that the plan’s pro-Republican bent speaks for itself. If the Court does mandate revisions, the legislature may have to hold a special session. The regular session ends on March 9.

Quote of the Week

“No rational person could expect seven appellate-court justices to resolve these extraordinarily tough factual issues,”[2] — Michael Carvin, Attorney for the Florida State Senate speaking before the Florida Supreme Courtin regard to the Court’s review of new legislative maps.–

Hawaii

On February 27, the Hawaii Reapportionment Commission released updates to their revised redistricting maps. The Commission’s original maps were struck down by the Hawaii Supreme Court. The updates were made in response to comments made about the revised maps released after the ruling. The changes will affect several Oahu House districts, reunifying several communities on the island. These amendments will not change the number of incumbents paired by the plain. A list of the communities affected can be found here.

Kansas

Like many state legislatures, the Kansas State Legislature typically allows each chamber to draw its respective redistricting map. This tradition, however, is on the rocks as lawmakers consider plans to redraw the state’s legislative maps. House Speaker Mike O’Neal (R) has suggested that the House may tweak the Senate plan to garner additional support. One Senate plan under consideration has already drawn criticism for combining two southern districts and pairing two incumbents. The Kansas House of Representatives has already approved a chamber map, passing the plan 109-14 on February 9. Since Republicans hold decisive majorities in both chambers, much of controversy has arisen from the conflict of moderate and conservative Republicans.

In addition, Kansas Gov. Sam Brownback (R) has taken a more active role in redistricting, suggesting that lawmakers form a single Senate district for Leavenworth County and keep KSU in an eastern congressional district. The county is currently split between two Democratic districts. Manhattan (and KSU) have been moved into a western district under one congressional proposal. Opponents, however, contend that Brownback is essentially targeting former Democratic opponents with the suggestion. In addition, the KSU move could force lawmakers to divide Topeka or Kansas City.

Redistricting Facts
Total States with Lawsuits filed: 35 See full list here
Total States where courts have altered/changed the final map: 13
Maps submitted for vote: 130 out of 142 (91.5%)** No votes on initial maps in the following: AL (2), KS (1), ME (2), MT (2), NH (2), NY (3)
States that have completed Congressional Maps 40/43 (Maps unfinished: KS, NH, NY)
States that have completed State Legislative Maps 40/50 (Maps unfinished: AL, FL, KS, ME, MS, MT, NH, NY, VT, WY)
**With 50 states, there are 142 possible maps. 50 State Senate, 49 State House (No House in Nebraska), and 43 Congressional (7 states have 1 seat)

Kentucky

Last Friday, the Kentucky Supreme Court overturned the state’s leglislative districts, upholding an earlier Circuit Court ruling. The Circuit Court held that the districts exhibited unacceptable population disparities and divided too many counties–both violations of the Kentucky Constitution. As a consequence of the High Court’s ruling, 2012 elections will take place in Kentucky’s existing legislative districts. In addition, since the filing deadline has already passed, candidates may not change their filing. This will force some candidates whose residences lie outside the old district lines to withdraw. A full opinion by the Supreme Court is still pending and legislators may wait until next year to revise the plans.

  • The Supreme Court order can be found here.
  • The Circuit Court ruling can be found here.

 

Pennsylvania

The state Supreme Court handed Republicans another defeat this week by ordering Speaker of the House Sam Smith (R) to call special elections for six vacant seats in the chamber. Residents of those districts called on the court to force Smith to schedule them but Smith said he couldn’t act until the Legislative Reapportionment Commission passes a new plan and the court approves it. Smith and Secretary of State Carol Aichele (R) asked that the lawsuit be dismissed, but the court sided against them. The special elections will be held in the districts drawn in 2001, which are much more favorable to Democrats than plans drawn up by the current Republican majority.

Rhode Island

Republicans are looking to file a lawsuit against the new districts approved by the legislature on February 8. Republicans are claiming that the new lines were drawn for political reasons only in order to help Democrats in the state. The main argument is with Districts 47 and 48, where only around 300 people needed to be moved from district 48 to 47 but 1,500 were moved instead. A consultant was paid to help draw the lines and he defended the current map saying the lines were drawn based on current fire districts in the area. Republicans countered that the lines do not actually follow those of the fire districts. They also noted that their proposed lawsuit is not intended to help one candidate or another but rather to ensure that residents are not inconvenienced in voting. However, others have stated that the proposed Republican map is no better than what has already been approved. Several contentious issues arose during state redistricting, notably that the new districts could adversely affect minority populations.

This Week’s Redistricting Highlight

On Monday, the Missouri Supreme Court heard arguments in a lawsuit challenging the new state House maps. The House maps were already upheld by a lower court, but so were the State Senate maps prior to their rejection by the state Supreme Court. The House maps were drawn by a panel of judges.

New Senate districts have been drawn by a freshly-appointed bi-partisan commission, but these districts face a two week public comment period and possible litigation. Along with the uncertaintly facing the state House maps, Missouri candidate filing is in a state of confusion. Nevertheless, election officials report that candidate filings are up from 2008. The filing deadline for candidates is March 27.

Texas

The politically contentious redistricting cycle is finally winding down in Texas as the panel approved interim maps and set a primary date. On Tuesday, the three-judge panel in San Antonio issued interim maps for congressional and state House districts. Republicans on the whole saw the maps as a victory — an analysis by the state GOP showed that the party only lost one state House seat from their original map and showed that they could win 100 of the 150 state House seats up in November.

Democrats and minority rights groups, however, were not happy with the maps and turned their attention to a federal court in Washington as a last ditch effort. They asked for an expedited decision in a pending case that is examining whether the original maps drawn by the Legislature violate the Federal Voting Rights Act. The interim maps released by the court are based on the original maps and the groups argue that because of this the new maps have the same “intentional discrimination” as the Legislature’s maps. The Washington court said it would probably rule sometime this month.

Meanwhile, the San Antonio court on Thursday set the primary date for May 29 and re-opened candidate filing from today through March 9. While some are upset that Texas has been taken out of Super Tuesday, most citizens – politicians and voters alike – seem happy to finally have a date set.

Wisconsin

A federal three-judge panel is now deliberating on a case that seeks to have the state’s new district maps thrown out. The trial was supposed to get under way on February 21, but that was delayed by two days when the court directed attorneys in the case to meet with legislators and ask them to consider altering the maps. Republicans said they would be willing to do so but that the law would not allow them. The court rejected this argument and asked them to reconsider a second time, but again they declined.

Following the GOP rejection, the case was put on a fast track. Plaintiffs dropped several allegations from the suit, including charges that Assembly districts in black neighborhoods were inappropriately drawn and that the discriminatory effects of the maps were intentional. That leaves only two main issues for the court to decide – if the maps unconstitutionally dilute Latino voting power and if some 300,000 citizens were moved needlessly, delaying their vote in Senate elections from the usual four years to six. Presiding Judge J.P. Stadtmueller said a written decision would be issued in the next few weeks.

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State Legislative Tracker: Regular sessions underway in 40 states

February 07, 2012

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Edited by Greg Janetka

This week’s tracker features an update on the partisan count and a preview of major issues for those states that convened their 2012 session last week.

Partisan breakdown

As of today, February 6, 2012, the following figures represent the cumulative partisan breakdown of the 50 state senates and state houses. In the 50 states, Republicans currently control 53.8% of all seats while Democrats hold 44.8%. All told, Republicans control 59 chambers while Democrats are the majority in 36 chambers.

The totals represent a loss of 13 Democratic and a gain of 11 Republican legislators from the January 9 tracker. The partisan changes comes predominantly from the new legislators who election in 2011being sworn into office.

 

Representation in 50 State Legislatures
Party Number of Percentage
Democratic state legislators 3,306 44.8%
Republican state legislators 3,974 53.8%
Independent state legislators 71 0.96%
Third party (and non-voting) legislators 11 0.15%
Vacancies 24 0.33%

 

The partisan composition of state houses refers to which party holds the majority of seats in the state house or the lower level of each state legislature. Altogether, in the 49 state houses, there are 5,413 state representatives.

As of today, February 6, 2012, the breakdown of chamber control by party is as follows:

  • Democratic Party (United States) 18 chambers
  • Republican Party 30 chambers
  •  1 chamber (Oregon)
See also: Partisan composition of state senates

Cumulative numbers

As of today, February 6, 2012 5,368 state representatives are affiliated with either the Republican or Democratic parties.

Party Number of Percentage
Democratic state representatives 2,432 44.9%
Republican state representatives 2,936 54.2%
Independent state representatives 18 0.33%
Third party (and non-voting) representatives 9 0.17%
Vacancies 18 0.33%

Vacancies

There are 18 state house vacancies in 12 different states as of today, February 6, 2012. They are as follows:

State Vacancies
Georgia 2
Hawaii 1
Kentucky 1
Maine 1
Michigan 2
New Hampshire 2
New Jersey 3
New York 1
Oklahoma 1
Utah 2
Vermont 1
Washington 1

Independents

There are 27 state representatives in 13 states identifying as independents or parties other than Democratic and Representative as of today, February 6, 2012. They are as follows:

 

State Independents/Third Party
Georgia 1 (Independent)
Louisiana 2 (Independent)
Maine 3 (2 non-voting Native American representatives, 1 Independent)
Missouri 4 (Independent)
New Hampshire 2 (Independent)
New Mexico 1 (Independent)
New York 1 (Independence Party of New York)
North Carolina 1 (Independent)
South Dakota 1 (Independent)
Tennessee 1 (Carter County Republican)
Vermont 8 (5 Vermont Progressive Party, 3 Independent)
Virginia 1 (Independent)
Wisconsin 1 (Independent)

 

Sessions

So far this year, 40 out of 50 state legislatures have officially convened their regular session.

Current sessions capture for the week of February 6, 2012

Regular sessions

See also: Dates of 2012 state legislative sessions

The following states convened their regular legislative sessions:

Additionally, 2 more states will convene this week:

Four states - Montana, Nevada, North Dakota, and Texas - will not hold regular sessions in 2012.

Click here to see a chart of each state’s 2012 session information.

Special sessions

Special sessions were a widespread occurrence in the state legislatures in 2011, in particular due to the necessity of states to conduct the redistricting of state legislative and congressional districts. Overall, in 2011 there were 45 special sessions in 28 states.

Thus far, North Carolina is the only state to have held a special session in 2012. No states currently have special sessions scheduled.

Texas

The Texas State Teachers Association is urging Governor Rick Perry (R) to call a special session in order to use the state’s rainy day fund to prevent more school layoffs and larger class sizes. Perry spokeswoman Allison Castle said the governor has no plans to call a special session on any issue. The TSTA is circulating petitions urging the special session.[1]

Snapshot of State Legislatures:
Monday, January 30, 2012
There are 7,384 Total State Legislators
Total Democratic state legislators 3,306 (44.8%)
Total Republican state legislators 3,974 (53.8%)
There are 99 Total State Legislative Chambers
Total Democratic Party-controlled chambers 36
Total Republican Party-controlled chambers 59
Total tied or non-partisan chambers 4
2012 Session Information
Total Special Elections 4
Total Special Sessions 1

In recess

As of today, February 6, 1 states’ session is currently in mid-term recess:

Issues spotlight

Since last week’s Tracker, two states have kicked off their 2012 session. Here’s a quick rundown on what are some early topics:

  • Oregon: In their month-long 2012 session, the legislature is expected to mostly deal with issues from the previous session which includes proposals from Governor John Kitzhaber (D) for implementing federal healthcare reforms, requiring an annual “achievement compact” for school districts, and increasing funding for children and families. They will also address the state budget, job growth and economic development regulation of state timber harvest, foreclosure assistance, and tax reform.[3]
  • Oklahoma: The main issue for 2012 is expected to be an overhaul of the state’s tax code, which includes cutting the individual income tax. Republican legislative leaders and Governor Mary Fallin contend cutting the tax would make the state more business friendly and attract more companies to the state.[4]

Alabama

The Alabama Legislature convenes its 2012 legislative session tomorrow.

According to State Senator Slade Blackwell (R), there are several topics that will be major issues in the upcoming session.[5]

  • Prison overcrowding: Alabama’s prison system is 193 percent overcrowded, which is the highest in the nation. Blackwell said the current system must be changed.[5]
  • Charter schools: Alabama is one of a handful of states that do not allow charter schools. Blackwell said he would like to change that.[5]
  • Economic development and jobs: One early bill that was prefiled would streamline Alabama’s tax assessment process. The bill would abolish one division within the Department of Revenue and create a new commission — the Alabama Tax Appeals Commission.[6]

The session will last until sometime in mid-May. The legislative guidelines allow for a session of 30 legislative days in 105 calendar days.

Elections

See also: State legislative elections, 2012 and State legislative elections results, 2012

A total of 86 of the 99 chambers will hold state legislative elections on November 6, 2012.

1,267 (64.3%) of the country’s 1,971 state senate seats are up for re-election in November 2012, and 4,712 (87.05%) of the country’s 5,413 state house seats are up for re-election. Altogether, 5,979 (81.0%) of the country’s 7,384 state legislative seats will be up for re-election during the presidential election year.

  • 43 of the 50 state senates are holding elections.
  • 43 of the 49 state houses are holding elections.

The 5,979 seats up for election is 146 fewer than the 6,125 that were contested in 2010.

Filing deadlines

See also: Signature requirements and deadlines for 2012 state government elections

Tomorrow, Kentucky will have its signature filing deadline for candidates running for election. There are 19 state senate and 100 state house seats up for election this year. So far, deadlines have passed in four states - Illinois, Ohio, Texas and West Virginia.

States with upcoming deadlines:

Texas

Texas had an initial filing deadline of December 19, 2011, but with the newly drawn state legislative maps being fought in the courts, the districts remain uncertain. The filing process was expected to re-open on February 1, but that date has now been thrown out and a new date has yet to be settled on. Currently, the primary date is set for April 3. But the courts said that if no compromise map is reached by today, that the date will once again have to be delayed.[7]

Kentucky

Kentucky had an initial filing deadline of January 31, but last Tuesday Franklin Circuit Judge Phillip Shepherd delayed the deadline for state legislative candidates until February 7 while he considers a challenge to newly drawn districts. Republicans argue the new boundaries divide more counties than necessary and are thus unconstitutional.[8]

An early analysis of filings shows that at least 7 senators and 15 representatives will not be seeking re-election.[9]

Primaries

See also: 2012 election dates

The first state legislative primary elections of 2012 are scheduled to take place in March. Those dates are as follows:

Note: Texas was originally scheduled to hold their primary on March 6. However, with newly drawn state legislative maps being fought in the courts, Republicans and Democrats agreed to move the primary to April 3.[10]

Pennsylvania

Last Friday, Senate Majority Leader Dominic Pileggi (R) said the legislature may consider moving the April 24 primary date in order to allow more time for the Legislative Reapportionment Commission to draw up a new plan for legislative districts.[11] The original plan was thrown out by the state Supreme Court on January 25, calling it “contrary to law.” The ruling held that 2012 elections could take place in the districts that were drawn in 2001. Republicans are fighting the ruling, saying the use of out-of-date boundary lines is unconstitutional. Democrats say they will try to block any attempts to delay the primary.[12]

Texas

The Texas primary, which has already been delayed from March 6 to April 3, might be pushed back further. A three-judge federal court gave the Attorney General and minority groups until today to agree on temporary redistricting maps. If they can’t agree, the court will draw the maps, which would delay the primary at least two weeks.[13]

Recalls

Currently, 18 states permit the recall of state officials. Between 1913 and 2008, there were just 20 state legislative recall elections in five states. Of the 20 state legislative recall elections, 13 out of 20 resulted in the state legislator being recalled. In 2011, there were 11 state legislative recalls in three states, 4 of which resulted in the legislator being recalled.

Democrats in Wisconsin filed recall petitions on November 15, 2011 against four Republican state senators - Pam Galloway, Scott Fitzgerald, Terry Moulton and Van Wanggaard.[14] Campaign organizers turned in more than the necessary number of signatures in each of the four races on January 17, 2012. Wisconsin Government Accountability Board workers are currently in the process of verifying the signatures, which can be viewed on a live feed. This past week three of the embattled senators picked up opponents for potential recalls.

2011 also saw a wave of recall attempts in Michigan. While most of those efforts dried up, at least three campaigns are continuing on. Organizers of the campaign to recall Patrick Colbeck (R) seek to put the issue on the February ballot, while campaigns against Bruce Caswell (R) and Phil Pavlov (R) are aiming for the August ballot.

Special elections

See also: State legislative special elections, 2012

This week two special elections take place in Georgia.

Georgia House District 60

Gloria Bromell Tinubu (D) resigned to run for South Carolina’s 7th District U.S. House seat. The special election will be held on February 7. Party affiliation is listed, but all candidates appear on the same ballot. If no candidate receives a majority of the vote, a run-off election will be held on March 6, 2012.[18][19][20]

Democratic Party (United States) Democratic Candidates:
Republican Party Republican Candidates:
  • No Republican candidates have filed.

Georgia House District 107

Len Walker (R) resigned to take a job as pastor of church located outside his present district. The special election will be held on February 7. Party affiliation is listed, but all candidates appear on the same ballot. If no candidate receives a majority of the vote, a run-off election will be held on March 6, 2012.[21][22]

Democratic Party (United States) Democratic Candidates:
  • No Democratic candidates have filed.
Republican Party Republican Candidates:
Independent Nonpartisan Candidates:

Looking ahead

Upcoming special elections include:

  • February 14: Oklahoma House District 1
  • February 14: Oklahoma House District 71
  • February 14: Oklahoma Senate District 20
  • February 14: Oklahoma Senate District 46
  • February 14: Maine Senate District 20
  • February 21: New Hampshire House of Representatives Hillsborough District 10
  • February 28: Michigan House of Representatives District 29
  • February 28: Michigan House of Representatives District 51

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Redistricting Roundup: Lawsuit filed over new district in New York

February 03, 2012

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Edited by Geoff Pallay

Other states featured in this week’s Roundup
• Arizona
• Florida
• Hawaii
• Idaho
• Kansas
• Kentucky
• New Hampshire
• Pennsylvania
• Rhode Island
• Texas
• South Dakota
• Virginia
• Washington

While less than 1/3 of states still need to complete redistricting, for some states, there seems to be no end in sight.

New York State Senator Martin Dilan (D) joined others in filing suit in Manhattan state Supreme Court on Tuesday, arguing that theRepublican plan to add a 63rd seat in the Senate is a violation of thestate Constitution. According to the lawsuit, the Legislative Task Force on Demographic Research and Reapportionment (LATFOR) did not apply the Senate size formula as set out in Section 4 “consistently, rationally, or in good faith.” The suit contends that, while LATFOR has some discretion to determine how to apply the formula, when they added a 62nd seat 10 years ago they used a completely different methodology. Senate Republicans argue the plan meets all legal requirements. Governor Andrew Cuomo (D) continued to threaten to veto the lines, reiterating that the plans are unacceptable and require a great deal of reworking, not just minor revisions.

Meanwhile, last Friday U.S. District Judge Gary Sharpe of the United States District Court for the Northern District of New York delivered his ruling establishing the date of the New York congressional primary as June 26, 35 days prior to the deadline for sending absentee ballots overseas. While his ruling does not change the state legislative primary, it is likely that the legislature will follow suit and move the State senateand State Assembly primary date to June 26 as well.

Legislators say the ruling throws another wrench into the redistricting process and are doubtful they will be able to comply with the order without changing laws. Assemblyman John McEneny (D) said the draft of new congressional lines probably won’t be released to the public until early March. Even if the map is quickly approved and Cuomo does not veto it, the election calendar would be extremely tight. Under state law candidates have 37 days to circulate petitions to get on the ballot, which some lawmakers are looking to cut in half. There is also hope that the Justice Department would quickly sign off on the lines, rather than take the 60 days allotted to them. Seeing as how every stage of this round of redistricting has seen delays and bitter partisan battles, the feasibility of a June 26 primary appears in doubt.

State news

Arizona

Three potential measures were introduced by Speaker of the House Andy Tobin (R) relating to the redistricting maps. If approved by a majority of each chamber, two measures would be placed on a special election ballot in May, and one would be on the November 2012 general election ballot. Most notably, the measures propose alternatives to the maps implemented by the Arizona Independent Redistricting Commission. The three measures are:

Tobin admitted that the measures would result in more Republicans being elected. But he defended this, stating that this is fair because there are more registered Republicans in the state. According to a spokesman for the Arizona Secretary of State, in order for the state to hold the May special election, the legislature would need to approve Tobin’s proposals by Feb. 15, which is 90 days before the election.

Critics have said the measures would undermine the spirit of the Redistricting Commission, which is meant to take the power of drawing new maps out of the hands of legislators.

Florida

On January 31, a panel of judges from the Eleventh Circuit Court of Appeals upheld Florida Amendment 6 which mandates non-partisan congressional redistricting. The lawsuit, Brown v. Browning, was filed by US Reps. Corrine Brown (D) and Mario Diaz-Balart (R). Brown and Diaz-Balart argued that the US Constitution gives state legislatures alone prerogative over the redistricting process. The Florida House of Representatives intervened as a plaintiff in the lawsuit. No plans for an appeal have yet been announced.

  • The full decision can be found here.

In other news, the state House Redistricting Committee today approved a redistricting proposal for consideration by the full chamber. Proponents of the Fair Redistricting amendments attacked the plan, saying it unconstitutionally favors Republicans. Full House votes on the legislative and congressional proposals are expected today.

Hawaii

On January 30, the Hawaii Reapportionment Commission requested an additional $90,000 to redraw its overturned redistricting maps. The commission also requested an additional $235,000 to retain its own attorney — the Commission has argued that the state inadequately defended them during the legal challenge over redistricting.

Quote of the Week

“I have some bad habits, but one of them is not trusting the Republicans in the New York State Senate to protect minority people,”[1]– Reverend Al Sharpton

Idaho

After reconvening for just two days, the redistricting commission passed a new map by a 6-0 vote on January 27. The map, L93, splits only 7 counties, five fewer than the first map the commission passed but ultimately saw thrown out by the court on January 18. Chairman Ron Beitelspacher said he is unhappy with the size of three of the new districts, but noted there was little they could do as a result of the court restrictions, odd shape of the state and uneven distribution of population.

Initially, it looked as though Twin Falls County, whose lawsuit led to the first map being thrown out, might launch a suit against the new map. Ultimately, they decided against the move, calling the plan “substantially better” than the first. In both the originally approved plan and the new plan, the county is split into three districts, something county prosecutor Grant Loebs said was done for no legitimate reason.

Kansas

On February 1, the Kansas State Senate’s redistricting committee approved a bipartisan congressional redistricting plan. The plan consolidates Lawrence in US House District 2, and moves Manhattan from District 2 to District 1. However, state Republicans and the Kansas Chamber of Commerce have lashed out against the plan. State Party Chair Amanda Adkins argued that the plan was intended to create a Democratic 2nd District. A chamber official said the map hurts Republicans and furthers the President’s political agenda. Proponents of the plan defend it as non-partisan and note that registered Republicans in the district only drop 2% under the plan. The map will now be considered by the full Senate with a likely vote on Monday, February 6.

  • The redistricting bill (SB 344) and maps can be found here.

In other news, a new state House plan has surfaced in committee. The plan shifts 3 districts into the Kansas City metro area.

Kentucky

Speaker of the House Greg Stumbo (D) said lawmakers in the Republican Senate and Democratic House are in the process of reaching a compromise on Kentucky’s congressional districts. Stumbo said the map closely resembles existing districts. Legislators could consider the plans by Tuesday, February 7.

Meanwhile, a state circuit judge considering a lawsuit against the state’s legislative maps has extended the filing deadline for legislative candidates from January 31 to February 7. The lawsuit was brought by members of the minority parties in each legislative chamber. The delay is expected to put legislative activity on hold as incumbents wait to size up their fall challengers.

New Hampshire

The Republican plan for new Senate districts was passed by the Senate along party lines by a vote of 19-4 on Wednesday. It includes changes to 18 of the 24 Senate districts. The bill now goes to the House. While Gov. John Lynch (D) has the power to veto any plan, they are expected to pass since Republican supermajorities in both chambers mean the GOP could override the Governor’s ruling.

Pennsylvania

At least two lawsuits have been filed in response to last week’s decision by the Pennsylvania Supreme Court to throw out the newly drawn state legislative districts and allow the 2001 districts to stand for the 2012 elections. Speaker of the House Sam Smith (R) filed a federal suit in Philadelphia seeking to stop primaries from being held in what he says are unconstitutional boundaries due to population shifts. Additionally, six legislative seats remain vacant. As Speaker, Smith is constitutionally required to call elections for the seats, however, he says doing so would schedule them to take place in unconstitutional districts.

The second suit was filed by the New York-based group Latino Justice, working in concert with Latino Lines. According to their lawsuit, use of the 2001 lines is unconstitutional and hurts the ability of Latinos to elect representatives of their choice. Under the 2001 map there is only one majority-Latino seat, while the plan the court threw out added three additional seats.

The Court has yet to provide an opinion detailing why they sent the maps back to the Legislative Reapportionment Commission. It is the first time the court has not approved a redistricting plan since the state adopted a revised Constitution in 1968.

Rhode Island

The Senate and House both passed proposals for new Congressional and Legislative districts on Wednesday. The initial Congressional plan, which shifted nearly 100,000 residents between the state’s two districts, was met with a great deal of criticism. The proposal that was passed, however, moves about 30,000 fewer voters and did not meet with much resistance.

The Senate passed the House version of the bill by a vote of 33-2 on Thursday. Several lawmakers in the House, however, complained that some changes appeared to be politically motivated. Republicans announced yesterday that they intend to file a lawsuit over gerrymandering in House District 47. They say the district was changed to remove Republican neighborhoods and the home of a Republican challenger, giving an unfair advantage to Democratic incumbent Cale Keable.

According to House Deputy Majority Leader Stephen Ucci (D), who introduced the bill, the plan moves 20 percent of people, with 69 districts having a population change of up to 25 percent. Population in five districts would be altered 30-37 percent. The bill now goes toGovernor Lincoln Chafee (I) who has not said whether he would sign it or not.

South Dakota

State House members rejected a proposal to alter the redistricting process for the 2020 Census. A measure was proposed by Peggy Gibson (D) to create a seven-member commission made up of members of both parties. But a party-line vote in committee defeated the measure. Currently, the legislature is responsible for drawing new maps. Republicans hold a commanding partisan advantage in both chambers.

This Week’s Redistricting Highlight

Following the Missouri Supreme Court’srejection of the court-drawn Senateredistricting maps, the process has gone back to square one. On Tuesday, January 31, Gov.Jay Nixon appointed a new bipartisan commission to redraw the chamber’s districts. The earlier commission deadlocked, prompting court intervention. Meanwhile, Sen. Jason Crowell (R) has proposed a constitutional amendment subjecting the panel to the state’s sunshine laws. Also, as directed by the state Supreme Court, a challenge of the state’s House redistricting plans has been taken to state circuit court. The commission will meet for the first time on February 18.

  • The Governor’s press release listing the appointees can be found here.

Texas

Texas officials are still waiting on judgements from two ongoing federal redistricting cases being heard in San Antonio and DC courts. The courts’ rulings in both cases will greatly impact this year’s elections, and without decisions things, are at a standstill.

Last week, the three-judge federal panel in DC district court wrapped up hearings on whether the state’s legislatively drawn maps violate theVoting Rights Act. The court released a statement on Wednesday announcing that a decision should not be expected within 30 days – it will be at least a month or more. The San Antonio court tasked with redrawing interim maps was hoping to have guidance from the DC decision, but is now faced with either moving the primary date again or moving forward without the DC decision. Last Friday, the San Antonio judges told the parties in the redistricting case that the current April 3rd primary date could possibly stand if they could agree on interim map plans by today. But disagreements between the two sides halted discussions, and the hopes of a Friday consensus quickly went out the window. The only thing for sure at this point in Texas redistricting — more waiting.

Vermont

The Vermont House of Representatives has given preliminary approval to a state House redistricting plan. The plan was tentatively approved by a 138-4 vote, winning the support of members of all three parties. A final vote is expected today. The plan then moves to the Vermont State Senate where Senators are finishing their own chamber’s maps. The Senate is not expected to modify the House plan.

Virginia

On January 31, the Virginia Supreme Court refused to hear a case challenging the Virginia General Assembly’s authority to pass aredistricting plan after 2011 — the state constitutional deadline. On January 25, a district court had allowed the case to move forward. Given the details of the case, the decision effectively grants the plaintiff’s central argument. However, the Supreme Court found that the district court’s decision was not final enough to warrant review.

The maps must still face the 60-day pre-approval process before taking effect. VA has already submitted their plan to the Department of Justice and DC District Court — seeking approval under both of theVRA’s prescribed channels. To accommodate this process, VA Attorney General Ken Cuccinelli (R) has asked the General Assembly to move the state’s congressional primary from June to August.

Washington

Last week, the Legislature made small tweaks to the congressional and legislative redistricting plans that were passed by the state Redistricting Commission on January 1. Under the law, legislators are only allowed to make adjustments that impact less than 2 percent of a district’s population and must be approved by a two-thirds majority. The small changes were unanimously approved by the House on January 27 and passed in the Senate on Wednesday by a vote of 44-4. The maps now become law.

News, Redistricting, Top Story 0 Comments

Redistricting Roundup: Flurry of activity moves total completed maps beyond two-thirds

January 27, 2012

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Edited by Geoff Pallay

Other states featured in this week’s Roundup

As the filing deadlines for the 2012 elections get closer and closer, the redistricting process is becoming more and more frenetic across the country.

In the last two weeks, redistricting maps have been approved, thrown out by court, and introduced at a rapid rate across the country. The most intensive and controversial events have occurred in Florida, Missouri, New York, Pennsylvania and Texas.

  • Florida: The Florida State Senate has succeed in getting largely bi-partisan approval for its State Senate and US House redistricting plans. The plans passed on January 17 by a 34-6 margin. Opponents argue that the maps gained support by protecting incumbents and, thus, violate the new redistricting ammendments. However, redistricting committee chair and incoming Senate President Don Gaetz (R) defended the plans as the product of bi-partisan cooperation. Gaetz also argued that opponents plans would have weakened minority influence districts. The map is expected to favor Republicans–the GOP could theoretically hold 21/27 seats after the 2012 elections. A legal challenge is expected. However, some Republican districts were softened in order to accomodate the state’s demographic changes. As predicted, Allen West will be among those weakened. The plans now proceed to the House, where a committee vote is expected today and a floor vote is expected next week. These votes will also address House redistricting.
An interactive version of the congressional map can be found here.
  • Missouri: On January 17, the Missouri Supreme Court overturned the state’s Senate redistricting maps. The court found that the Senate plan unconstitutionally divided counties. The court also addressed two lawsuits concerning Missouri’s new congressional districts, ordering a lower court to review the maps for compactness — the lower court had initially rejected the suit without considering the question. After these successes for redistricting opponents, a lawsuit was filed against the new state House plans with the Supreme Court. The court declined to hear the case and directed plaintiffs to filed the case in state circuit court. A new 10-member redistricting committee, composed of residents, will be appointed by the Governor to redraw the Senate maps. It is unclear if the revision process will be completed in time for the February 28 candidate filing deadline.
  • New York: After a number of delays, the Legislative Task Force on Demographic Research and Reapportionment (LATFOR) released proposed Senate and Assembly maps yesterday. Gov. Cuomo has long stated he would veto any lines not drawn by an independent process, but on Thursday, prior to the release of the maps, he was unclear about his course of action after the plans were released, saying he wants to see how the process plays out. After the lines were unveiled, however, a spokesman for the governor said that at first glance the districts were unacceptable and likely to be vetoed. The Senate plan includes the addition of a 63rd seat in a Republican dominated area upstate which would result in the division of Albany, a Democratic stronghold, for the first time. Additionally, the map merges four Senate districts based in Queens into two, all four of which are represented by Democrats, including Michael Gianaris, Chair of the Democratic Senate Campaign Committee. The Assembly’s plan would create three Asian-majority districts and merge two upstate Republican districts into one. LATFOR will be holding nine public hearings on the plans beginning Monday and going through February 16.
  • Pennsylvania: After hearing arguments on January 23, the state Supreme Court threw out the new legislative maps just two days later by a vote of 4-3. Calling the redistricting approach “contrary to law,” the court ruled current district lines would stay in place until the Legislative Reapportionment Commission could devise a plan that was legal. With the signature filing deadline for state legislative candidates quickly approaching on February 14, the 2012 elections could take place in districts that were drawn in 2001. The court did not immediately specify its problems with the maps – it is expected to render its full opinion soon. Democrats had argued that the new map unnecessarily split counties and municipalities.
  • Texas: The US Supreme Court ruled last Friday that the interim maps that had been put in place by a San Antonio federal court could not stand, sending the maps back to the lower court for redrawing. The Supreme Court said that redistricting is primarily a legislative responsibility and that the San Antonio court didn’t give enough credence to the maps drawn by the Texas legislature. The ruling ordered the San Antonio court to use the legislative maps as a starting point for redrawing the boundaries. Texas officials saw this as a big win, although the ruling means 2012 election dates are again in jeopardy. Meanwhile, a three-judge federal panel in DC court continued hearings this week on whether the state’s legislatively-drawn maps violate the Voting Rights Act. Testimony wrapped up yesterday and closing arguments are scheduled for Tuesday. Back in Texas the San Antonio court is holding a status conference today regarding their plans moving forward for drawing new maps and accommodating the election schedule.

Here’s the rest of the news from across the country.

State news

Alaska

Approximately a week after after it got underway, the trial for the remaining Alaska redistricting lawsuit drew to a close on January 17. A final decision in the case is expected to be issued by the Fairbanks Superior court by February 6. However, observers believe that the case will ultimately be decided by the Alaska Supreme Court.

Arkansas

State senator Jack Crumbly (D) and a group of residents from eastern Arkansas sued the three-member Board of Apportionment on Monday. The suit was filed in federal court. The lawsuit alleges that the new boundaries dilute the black vote in Crumbly’s district, as the number of voting-age blacks was lowered from 58 percent to 53 percent. The maps were defended by Board of Apportionment members Governor Mike Beebe (D) and Attorney General Dustin McDaniel (D). Crumbly is slated to face fellow Democrat Keith Ingram in the May primary.

Arizona

The final congressional and state legislative maps were approved and sent to the Department of Justice on January 17, 2012. The final vote was 3-2, with chairwoman Colleen Mathis voting in the affirmative alongside the two Democratic chairpersons. The vote was essentially a formality, as maps had been tentatively approved weeks earlier.

Quote of the Week

“I would also note that redistricting across the country has helped those freshman members and others in tough seats who will now have better seats. So I think we’re in pretty strong shape for the year ahead.”[1]– John Boehner (R-Ohio), Speaker of the U.S. House

California

Earlier today, the State Supreme Court upheld the state Senate maps drawn by the California Citizens Redistricting Commission. The high court ruled that even if a referendum to toss the Senate maps qualifies for the ballot, the new commission-drawn map should be used in the 2012 election this November. The decision is a setback in the GOP’s attempts to prevent the Democratic Party from gaining a 2/3 majority in the State Senate.

Connecticut

Court-appointed special master Nathaniel Persily submitted a draft report and plan for new districts to the state Supreme Court on January 13, and his final proposal January 19. It has three districts with 714,819 people and two with 714,820. Additionally, the new map keeps Bridgeport in the 4th District and New Britain in the 5th.

Persily’s plan resembles the map submitted by Democrats, making only minor changes to the existing map. According to Persily, the plan moves only 28,975 people from current districts, splits one fewer town than the current congressional plan and includes more compact districts.

House Minority Leader Lawrence Cafero (R) noted Persily’s plan is essentially the Democratic plan, but said it is unlikely that Republicans would appeal the decision. State Republican Party Chairman Jerry Labriola, meanwhile, had harsher words, calling the plan a “perpetuation of gerrymandering.” Objections to the plan can be filed with the court until February 1. The court will hold oral arguments on February 6 and submit its final plan to the Secretary of State on February 15.

Hawaii

On January 13, the Hawaii Redistricting Commission asked the Judgepedia:Hawaii Supreme Court to reconsider its overturned redistricting plans. The commission argues that the representation provided by Deputy Attorney General Russell Suzuki was inadequate. The commission had sought private counsel, but the Attorney General refused to either procure or pay for other attorneys. Notably, Governor Neil Abercrombie (D) sided with the plaintiffs despite being named a defendant in the case. The AG’s office has since defended Suzuki’s legal representation.

In other news, it was revealed that the invalidated maps cost Hawaii taxpayers around $600,000. Also, some have speculated that adjusted redistricting data may not be available in time to make revisions to the map. Hawaii’s signature filing deadline is June 5 and the primary is scheduled for August 11.

Idaho

In a 4-1 decision on January 18, the Idaho Supreme Court ruled the new legislative map unconstitutional. The justices said they could not declare a map constitutional that split 12 of the state’s 44 counties, more than was necessary to meet federal one-person, one-vote standards. The case was brought by Twin Falls County back in November. Secretary of State Ben Ysursa (R) said he would reconvene the redistricting commission as soon as possible, with hopes of finishing the job in less than a month. Court officials said the decision rendered all other pending redistricting lawsuits moot.

In a move that has pitted Republican officials against one another, House Speaker Lawerence Denney (R) and GOP party Chair Norm Semanko said they wanted to replace the members they appointed to the commission, Dolores Crow and Randy Hansen respectively, before it reconvened. Despite an opinion from the Idaho Attorney General’s office stating such an action would be illegal, Denney and Semanko fired their appointees on January 23 and appointed new members in their place.

Crow and Hansen refused to resign and Ysursa said they could not be forced off the panel as such a move would be go against the point of having an independent commission. In turn, Denny and Semanko sued Ysursa, arguing they do have such authority and Ysursa was illegally blocking their demands by refusing to declare two vacancies on the commission. The state Supreme Court refused to hear the appeal, saying Denny and Semanko failed to properly make their case.

Thus, when the commission reconvened yesterday, Crow and Hansen continued to serve.

Fallout from the court’s decision on the map continues to ripple through the legislative process – with the filing period for state legislative candidates scheduled to begin February 27, the legislature is considering a bill to move the current primary date from May 15 to August. Gov. Butch Otter (R) said he is against the move, primarily over concerns that it would result in a lower voter turnout.

Redistricting Facts
Total States with Lawsuits filed: 34 See full list here
Total States where courts have altered/changed the final map: 13
Maps submitted for vote: 114 out of 142 (80.3%)** AK (2), AL (1), AR (3), AZ (3), CA (3), CO (3), DE (2), GA (3), HI (3), IA (3), ID (3), IL (3), IN (3), KY (3), LA (3), MA (3), ME (1), MD (1), MI (3), MN (3), MO (3), MS (3), NC (3), NE (2), NJ (3), NM (3), NV (3), OH (3), OK (3), OR (3), PA (3), SC (3), SD (2), TN (3), TX (3), UT (3), VA (3), WA (3), WI (3), WV (3)
States that have completed Congressional Maps 35 (AL, AR, AZ, CA, CO, GA, HI, ID, IL, IA, IA, LA, MA, ME, MD, MI, MS, MO, NE, NJ, NM,NV, NC, OH, OK, OR, PA, SC, TN, TX, UT, VA, WA, WV, WI, )
States that have completed State Legislative Maps 35 (AK, AR, AZ, CA, CO, CT, DE, GA, HI, ID, IL, IA, IA, KY, LA, MA, MI, MO, NE, NJ, NC, ND, NM, NV, OH, OK, OR, PA, SC, SD, TX, UT, VA, WA, WV, WI)
**With 50 states, there are 142 possible maps. 50 State Senate, 49 State House (No House in Nebraska), and 43 Congressional (7 states have 1 seat)

Kansas

On Monday, January 23, two draft congressional maps surfaced in Kansas. The competing plans agree on placing all of Lawrence in District 2 but disagree about whether to place Manhattan in the 1st. A committee vote could come on the maps as early as next week. Legislative maps are still being considered.

Kentucky

On January 20, Kentucky Governor Steve Beshear (D) signed the state’s legislative redistricting maps. Each chamber drew its own maps, guided by the majority party (Republican in the Senate and Democratic in the House). The Governor criticized Senate Republicans for drawing partisan maps, but did not chasten the House’s plan. The votes in both chambers were marked by anger from from minority party legislators. The chambers remain at an impasse on congressional maps.

On January 26, House Republicans filed suit against the Democrats’ chamber map. The GOP lawmakers argue that the plan unnecessarily divides counties. The approved plan splits four more counties than the Republican alternative.

The signature filing deadline for congressional and state legislative candidates is January 31. However, the congressional deadline is expected to be moved to February 7 in order to create time for a compromise map.

Maryland

Last Friday, the group opposing Maryland’s new congressional districts filed a notice of appeal, seeking to take their case to the United States Supreme Court. Attorney Jason Torchinsky said the appeal focuses on the state law counting prisoners in their home districts, rather than where they are imprisoned. They will not be appealing other arguments in the case, including the charge that the map was gerrymandered and purposely diluted the black vote. Instead they will argue that all states should count population in the same manner for congressional reapportionment.

Meanwhile, a case filed against the new congressional districts by Frederick County Commissioner Paul Smith was rejected on procedural grounds on January 10. He has a similar lawsuit pending in Anne Arundel County Circuit Court. In both cases Smith argues the plan fails to create contiguous and compact voting areas. Under the approved map, Frederick County is divided into two congressional districts – something that has not happened in some 200 years.

Michigan

Michigan’s congressional and legislative redistricting maps were approved on January 24 by the US Department of Justice. The decision does not directly affect the NAACP and Legislative Black Caucus’ lawsuit against the House of Representatives maps.

New Hampshire

The proposed Republican Leadership Plan for new House districts was approved by the House last Wednesday by a vote of 205-68. Democrats offered an alternative plan, but it was defeated 261-70. Democrats argued that the Republican plan is unconstitutional because more than 50 towns that qualify for their own representative are not allotted one. The bill now goes to the Senate.

New Mexico

Judge James Hall adopted a new New Mexico State Senate map on January 16, 2012. Two Democratic incumbents will be paired together and two incumbent Republicans. The bipartisan plan combines Republicans Rod Adair and William Burt into one district. Democratic incumbents Gerald Ortiz y Pino and Eric Griego would also be in one district. However, Griego has already declared as a candidate for a U.S. House seat

Meanwhile, a group of Democrats and minority voters challenged the court-drawn state house map. The State Supreme Court will hold a hearing on February 7, 2012 to hear the suit.

North Carolina

On January 20, the three-judge panel hearing the congressional redistricting challenge refused to delay the North Carolina primary. The plaintiffs — including state Democrats, the NAACP, and advocacy groups — argue that the new map constitutes racial gerrymandering and contains too many split counties. In addition, they argue that the new precincts will create long lines and confuse voters. However, the judge found that delaying the primary would not help resolve these concerns, but noted that the decision shouldn’t be interpreted as a rejection of the plaintiffs’ arguments.

  • The panel’s decision can be found here.

Ohio

Ohio Secretary of State Jon Husted (R) is calling for revisions to the state’s redistricting process. He urged the newly formed Ohio Constitutional Modernization Commission to take up the issue. Husted acknowledged that no system is perfect, but said reforms are could help restore voter confidence.

Oklahoma

The Oklahoma Supreme Court concurred with a state district court in throwing out Senator Jim Wilson’s redistricting challenge. Wilson also attempted an initiative campaign against the maps, but was unsuccessful.

This Week’s Redistricting Highlight

Over the last two weeks, maps have emerged and made their way to the Governor’s desk in Tennessee.

Utah

Utah lawmakers from both chambers unanimously approved revisions to the state’s recently approved state legislative redistricting maps. The revisions addresses errors discovered by several county clerks. The bills now move to the opposite chamber for concurrence and then to the Governor’s desk for his signature.

Virginia

On Tuesday, January 25, Virginia Governor Bob McDonnell (R) signed the state’s new congressional redistricting plan. The plan passed the Senate 20-19 and passed the House 74-21. The plan is the same as the plan rejected in 2011 by the then-Democratic State Senate. Democrats rejected the plan, in part, because it did not create a second majority-minority district.

A lawsuit is still pending against the plan in state district court. The plan challenges the authority of the legislature to pass a redistricting plan after 2011 — the state constitutional deadline. On January 25, the district court allowed the case to move forward. Given the details of the case, the decision effectively grants the plaintiff’s central argument. However, Virginia Attorney General Ken Cuccinelli (R) is asking the Virginia Supreme Court to settle the matter. The maps must still face the 60-day DOJ approval process before taking effect. The signature filing deadline for congressional candidates is March 29 for those seeking election in 2012

West Virginia

On Friday, January 20, the US Supreme Court stayed a lower court’s ruling requiring West Virginia lawmakers to redraw the state’s congressional redistricting map. The order suggests that the court would be sympathetic to the state’s defense in a full appeal. The order also allows the state to move forward with the new maps for the 2012 elections. Prior to the ruling, several alternative plans had been considered in the state legislature.

Wisconsin

In a memo issued January 13, the Wisconsin Government Accountability Board said they are unable to strictly follow the law in setting new legislative boundaries, and that some voters are not in the districts legislators intended them to be. An analysis of 19 counties by legislative technology workers found over 4,000 voters in the wrong municipality, with at least 1,000 that will probably have to be moved to a different Assembly district. The memo warns that the situation could have occurred in most or even all counties.

The problem stems from a procedural reversal of the redistricting process. Normally, local officials draw their maps first, with legislative lines drawn afterward. During this cycle, Republicans, who were in the middle of recall elections that threatened their majority in the Senate, changed the law to allow them to draw legislative lines first. This meant they were drawing new lines without fully accurate information.

On January 19, the state agreed to turn over documents regarding the errors and identify someone who could be deposed over the matter. Initially, the state had refused to relinquish the files. The case is scheduled to be heard in February.

Wyoming

On January 19, Wyoming’s Joint Corporations, Elections and Political Subdivisions Interim Committee approved a legislative redistricting plan. Although the maps may still be revised, they currently pair two Republican lawmakers in both chambers. The plans will be considered by the full legislature in the legislative session beginning in February.

News, Redistricting, Top Story 1 Comment

Redistricting Roundup: As 2012 sessions begin, states look to finalize maps

January 13, 2012

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Note: There will be no redistricting roundup next Friday, January 20. We will return on January 27.

Edited by Geoff Pallay

Other states featured in this week’s Roundup
• Alaska
• California
• Arizona
• Connecticut
• Florida
• Hawaii
• Kansas
• Kentucky
• Maryland
• Missouri
• New Mexico
• Pennsylvania
• Tennessee
• Texas
• Vermont
• West Virginia

There are currently 7,384 state legislators in the 50 states. However, if Republicans have their way in New York, that number could increase by one.

On Tuesday, Republicans confirmed that they plan to add a 63rd seat to the Senate. During the last round of redistricting in 2002, they added two seats to the Senate. Adding another would prevent a tie in the chamber, which happened in 2009. Democrats are calling the move illegal and unconstitutional, while Republicans are justifying the seat on a constitutional analysis by Michael Carvin, a lawyer hired by Republicans for the Legislative Task Force on Demographic Research and Reapportionment (LATFOR), whose law firm is being paid $3 million. They say the 63rd seat is necessary when taking into account census figures, requirements of the state constitution, and voter protection laws.

The legal analysis by Carvin was quietly posted on the LATFOR website after 5 p.m. last Friday, leading LATFOR member Sen. Martin Dilan(D) to decry the move as being “done in the dark of night.” Additionally, Democrats argue that it does not make sense to grow the state Senate while slow population growth has required New York to lose two of its congressional seats.

The portion of the constitution addressed was written in 1894 and only allows districts to be added based on a complex formula of county versus state growth – something that the court has interpreted in different ways over the years. If the 63rd seat is added, the issue will most likely end up in court.

Also on Tuesday, LATFOR approved a motion to count 46,003 state and federal prisoners in their last home district rather than in the district where the prison is located. The issue, which began with the passing of a state law two years ago, has been a contentious one. In April 2011, Senate Republicans filed suit against LATFOR and the state Department of Corrections for their plan to follow the law, calling the statute unconstitutional. The case was eventually thrown out by New York Supreme Court Justice Eugene Devine on December 2, 2011.

State news

Alaska

On Monday, January 9, a trial began for the remaining Alaska redistricting lawsuit. The trial is expected to last two weeks. The chairman of the redistricting board, a redistricting expert, and two state senators have already testified.

Arizona

The Arizona Independent Redistricting Commission is meeting today to discuss minor, technical changes to the state legislative and congressional maps. The commission is expected to give final approval to the maps either today or next Tuesday.

California

The California Supreme Court heard arguments on Tuesday regarding the use of maps for the upcoming elections. At the hearing, GOP lawyers asked the court to throw out the new Senate map for theNovember 6, 2012 election. The legal fight is tied to the 47-word passage of the California Constitution which uses the phrase “likely to qualify” regarding a map being removed by referendum. The court has 90 days to issue a ruling.

Quote of the Week

But maps are hard to draw, and this is not an easy task.[1]

– Jim Cooper (D), U.S. House rep fromTennessee’s 5th congressional district.

Connecticut

A public hearing was held on Monday to allow Republicans, Democrats, and members of the public to present their ideas and plans for new congressional districts to Nathaniel Persily, the special master appointed by the court last month. Ross Garber, attorney for the Republicans, said the map proposed by Republicans satisfies the instructions laid out for Persily by the court’s order. Democrats, meanwhile, continued to argue for as few changes as possible to the 2001 map.

The dispute comes down to the 5th district, part of which is surrounded by the 1st district like a clamp. Democrats are pushing to move 523 residents out of the 5th in order to meet population requirements, while Republicans want to move the entire city of New Britain into the 1st. State Rep. Arthur O’Neill (R), the only member of the current reapportionment commission to have served on the 2001 commission, said that in 2001 they never saw the odd shaped 5th district as a permanent solution, but rather a move that was fair to the two incumbents at the time.

Along with the proposed plans from Republicans and Democrats, Persily is also considering maps from the Coalition for Minority Representation and a resident associated with Democracy for America. He has until January 27 to produce a new map.

Florida

On Wednesday, January 11, the Florida State Senate’s redistricting committee approved Senate and congressional maps for consideration by the full chamber. The plans were approved after the committee rejected a Democratic revision. The alternative plan drew controversy since it was drawn by the Democratic party — despite a redistricting amendment requiring non-partisan maps. Democrats defended the proposal, arguing that Democratic committee members didn’t have the resources to draft maps without party assistance. The revision may be reintroduced for consideration by the full Senate.

Meanwhile, the House committee approved the Senate committee’s chamber map and narrowed its own list of proposals. Final consideration of the proposals could occur on January 20. Democrats were critical of the remaining plans.

  • House plans can be found here.
  • Senate plans can be found here.

In other news, the Eleventh Circuit Court of Appeals heard arguments on January 10 in the appeal of Brown v. Browning. The lawsuit, backed by US Reps. Corrine Brown (D) and Mario Diaz-Balart (R), challenges a recent state redistricting amendment. Brown and Diaz-Balart argue that the US Constitution gives state legislatures alone prerogative over the redistricting process.

Redistricting Facts
Total States with Lawsuitsfiled: 31 See full list here
Total States where courts have altered/changed the final map:10
Maps submitted for vote: 112 out of 142 (78.9%)** AK (2), AL (1), AR (3), AZ (3), CA (3), CO (3), DE (2), GA (3), HI (3), IA (3), ID (3), IL (3), IN (3), KY (2), LA (3), MA (3), ME (1), MD (1), MI (3), MN (3), MO (3), MS (3), NC (3), NE (2), NJ (3), NM (3), NV (3), OH (3), OK (3), OR (3), PA (3), SC (3), SD (2), TN (2), TX (3), UT (3), VA (3), WA (3), WI (3), WV (3)
States that have completed Congressional Maps 33 (AL, AR, AZ, CA, CO, GA, HI, ID, IL, IA,IA, LA, MA, ME, MD, MI, MS, MO, NE, NJ,NM,NV, NC, OH, OK, OR, PA, SC, TX, UT,WA, WV, WI, )
States that have completed State Legislative Maps 34 (AK, AR, AZ, CA, CO, CT, DE, GA, HI,ID, IL, IA, IA, LA, MA, MI, MO, NE, NJ, NC,ND, NM, NV, OH, OK, OR, PA, SC, SD,TX, UT, VA, WA, WV, WI)
**With 50 states, there are 142 possible maps. 50 State Senate, 49 State House (No House in Nebraska), and 43 Congressional (7 states have 1 seat)

Hawaii

After its redistricting plans were struck down last week, the Hawaii Reapportionment Commission announced that it will meet on January 20 to begin revising the maps.

Kansas

The Kansas State Senate’s Reapportionment Committee is meeting today to establish rules to guide its drafting of new redistricting maps. The House committee has already adopted its own guidelines, permitting a 5% deviation from ideal district populations.

Kentucky

This week, the Kentucky House of Representatives passed redistricting maps for the state House and U.S. House. Approved on Tuesday, January 10, the US House map would dramatically reshape the state’s congressional districts. Most notably, the plan makes significant changes to Districts 4, 6, and 2. Overall, the plans seems to benefit Democratic Reps. John Yarmuth (District 3) and Ben Chandler (District 6) and undercut Republican Rep. Hal Rogers (District 5). Republican Floor Leader Jeff Hoover sharply criticized the plan, saying that political motives drove mapmakers. Republicans currently hold a 4-2 edge in the Kentucky Congressional Delegation. The plan was approved 54 to 42 — more or less along party lines.

  • A copy of the House-approved congressional plan can be found here.

On Thursday, January 12, the Kentucky House also approved new chamber lines, passing the bill by a 63-34 margin. Republicans decried the proposal and suggested that legal action may be taken against the map if approved. The bill draws seven Republican incumbents into three districts and another Republican would be paired with entrenched Democratic Floor Leader Rocky Adkins. House Speaker Greg Stumbo (D) said the changes were based on demographic changes required the changes. Opponents have also been critical of several un-compact, meandering districts in the new plan.

Maryland

Governor Martin O’Malley (D) formally presented the new map of state legislative districts to the President of the Senate and Speaker of the House on Wednesday. They, in turn, introduced the plan as a joint resolution to the General Assembly. Legislators have 45 days to approve the plan or pass an alternative map. If they do not pass an alternative plan, O’Malley’s proposal automatically becomes law. The plan notably creates 12 majority African-American districts, up from 10, and creates four additional majority-minority districts.

The Fannie Lou Hamer Political Action Committee, a black activist group, says it will sue the state if the map is approved by the legislature. The group argues that the plan violates the federal Voting Rights Act by purposely reducing black influence and violates state laws by splitting more boundaries and counties than is necessary.

Meanwhile, opponents of the approved congressional plan say that if they are unable to successfully appeal a lawsuit seeking to invalidate the new districts, they may start a petition drive to put the issue before voters in a fall referendum. In order to achieve that, organizers would have to collect 55,736 valid signatures, including 18,579 by May 31.

Missouri

This Week’s Redistricting Highlight

This week, the Virginia House redistricting committee revived and approved last year’s failed congressional redistricting bill. TheHouse of Delegates approved the plan by a 74-21 vote, and the Senate is expected to consider the bill next week. Passage of the plan stalled last year after lawmakers in each chamber failed to agree on the number of minority-majority districts. But with Republicans maintaining effective control over both chambers, the new map is expected to proceed. Currently, the filing deadline for congressional candidates is January 16.

  • An interactive version of the plan can be found here.

On Thursday, January 12, oral arguments began in three redistricting challenges currently before the Missouri Supreme Court. Observers expect prompt decisions in the cases. Candidate filing for the state begins on February 28, 2012.

New Mexico

A new bipartisan plan has emerged for the New Mexico State Senate districts, and it was presented to the state court this week for consideration. Lawyers for the Democrat-controlled state legislature are opposing the maps, which are being promoted by Governor Susana Martinez (R), state legislative Republicans, a group of Democrats, and Native Americans. The plan would combine Republicans Rod Adairand William Burt into one district. Democratic incumbents [[Gerald Ortiz y Pino and Eric Griego would also be in one district. However, Griego has already declared as a candidate for a U.S. House seat.

Pennsylvania

The Pennsylvania Supreme Court received 11 appeals against the new state legislative maps by Wednesday’s deadline. The broadest appeal came from the Senate Democrats, arguing against plans to move a Senate district from the southwestern portion of the state to the northeast, move Harrisburg out of its present district, and split multiple counties and municipalities. Another major appeal was made by Michael Churchill, a lawyer at the Public Interest Law Center of Philadelphia, on behalf of 13 citizens. He argues that counties and towns were unnecessarily divided in order to include the homes of incumbents in their current districts.

The court plans to hear oral arguments on January 23 — the day before legislative candidates can begin circulating nominating petitions.

Tennessee

Proposed Congressional redistricting map from January 2012.

The Tennessee General Assembly continued to advance redistricting maps this week.

  • The Tennessee State Senate passed its redistricting plan out of committee.
  • The Tennessee House of Representatives passed its redistricting map on a 67-25 vote. Democrats proposed an alternative map that was rejected by the Republican majority. Republicans tweaked the map to preserve the seats for three Democratic incumbents – Sherry Jones,Eddie Bass and Harry Tindell.
  • State lawmakers released a draft congressional map last Friday. The State House gave it initial approval yesterday, on a 68-25 vote.

The Tennessee State Senate is expected to meet today and consider voting on maps.

Texas

The US Supreme Court held a highly anticipated hearing Monday on the fate of redistricting maps in Texas, but no decision was reached nor was there much indication of when a ruling might come. The Supreme Court is trying to resolve a months long legal battle that has continually thrown the 2012 election into disarray.

After Texas’ maps failed to receive Voting Rights Act pre-clearance from a federal panel in DC, a federal court in San Antonio drew interim redistricting maps so the 2012 elections could continue without further delay. The court-drawn maps drew heavy criticism from officials throughout the Texas government, leading Texas Attorney GeneralGreg Abbott to ask the nation’s highest court to intervene. The Supreme Court answered by temporarily halting the implementation of the court’s interim maps until it could review the case and issue a ruling.

Monday’s hearing brought no clarity from the Court – only continued speculation of what the outcome will be. The High Court discussed moving the primary election, yet again, from its current April 3rd date to as late as June. Until the Court issues a decision, Texas redistricting remains at a standstill.

Vermont

Vermont’s House Government Operations Committee has begun the process of redrawing district boundaries for the chamber. A preliminary map is currently being revised. The committee hopes to complete its final plans by the end of January.

West Virginia

After the state’s new congressional map was struck down by a panel of federal judges, the judicial panel agreed remove the January 17 deadline for the West Virginia Legislature revise its maps. The panel’s January 10 decision will also allow the state to change its candidate filing deadlines to accommodate the revision process. The state had asked for a stay of the decision while it pursues an appeal with the US Supreme Court, but its motion was denied.

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