Editorials: Scotland’s referendum is not democratic if prisoners are excluded | Tony Kelly/theguardian.com

In September 2014, some of the people of Scotland will participate in a referendum on Scottish independence. This is not the first time the issue has arisen, but it is the first time the country has embarked upon this process with the express aim of being open, transparent, inclusive and democratic. However, a question mark remains over the description of the referendum process as truly democratic, because of the unjustified exclusion of a group of Scotland’s citizens from the most important political choice made by us in more than 300 years– the 6,500 men and women who are currently in a Scottish prison. Their exclusion from this profoundly important choice has no remedy, no repeat opportunity. Unlike general elections, which are held every five years, this referendum is, as political leaders repeatedly tell us, a historic “once in a lifetime” event. It is justified on the basis that prisoners have in some way excluded themselves by their conduct – from society, from the franchise, from this choice. They have not.

Editorials: Voter Suppression’s New Pretext | Rick Hasen/New York Times

It’s the latest fad among state officials looking to make voting harder: We’re not racist, we’re just partisan. Some background: In June, the Supreme Court struck down a core provision of the Voting Rights Act of 1965, under which nine states and portions of others had to get federal approval before changing their election laws. One of those states, Texas, is again in court, facing a Justice Department suit seeking to get the state under federal oversight again. To do so, the Justice Department must prove intentional racial discrimination. Texas’ defense? It’s discrimination, all right — but it’s on the basis of party, not race, and therefore it’s O.K. Says Texas: “It is perfectly constitutional for a Republican-controlled legislature to make partisan districting decisions, even if there are incidental effects on minority voters who support Democratic candidates.” Leaving aside that whopper — laws that dilute black and Hispanic voting power have more than an “incidental” impact — the statement, part of a court filing in August, was pretty brazen. Minority voters, in Texas and elsewhere, tend to support Democrats. So Republican officials, especially but not only in the South, want to reduce early voting; impose voter-identification requirements; restrict voter registration; and, critically, draw districts either to crowd as many minority voters into as few districts as possible, or dilute concentrations of minority voters by dispersing them into as many white-controlled districts as possible.

Voting Blogs: The Mystery of Election Costs | Election Administration Theories and Praxis

Seldom does a week goes by that I am not asked by a jurisdiction to provide estimates of election costs for a series of hypothetical scenarios under consideration.  In the US there is a wide range of costs for an election depending upon the county, the date, the number of participants and the accounting and billing methods used by a county.  Providing an estimate is not a science- it is an art form.  An estimate must not understate the actual costs that will be billed nor should it greatly overstate the costs.  Estimates which are not in-line with the actual costs undermine the credibility of election officials and invites accountants and financial managers to scrutinize the way election costs are calculated, often opening up a window into the bizarre and byzantine. We live in a society where the price of almost everything we purchase is pre-determined and not subject to negotiation- with the notable exceptions of real estate and autos.  The price of a gallon of milk is clearly marked, doesn’t change from one customer to another and does not change between the trek from refrigerator case to the checkstand.  The price doesn’t vary by the number other people buying milk from the same store on the same day.  The price per ounce is based upon the contents and not by the portion consumed.

Alabama: Voter ID law to be enforced | Decatur Daily

The Alabama Secretary of State will take the first major step in implementing a voter identification law Dec. 5, but some question whether the law places an unnecessary and discriminatory burden on voters. “It does not make it impossible to vote, but it creates hurdles,” said Decatur City Councilman Billy Jackson, who represents the district with the city’s highest poverty rate and highest percentage of black voters. “The sad thing is the hurdles are greatest for exactly the people who already feel their vote does not count.” The law, passed in 2011, requires voters to present a photo ID when they vote. Beginning in January, voters will have to present a driver’s license, a passport, a college ID with a photo or other government-issued photo IDs in order to vote. Previously, prospective voters could use non-photo IDs, including utility bills, Medicare or Medicaid cards, gun permits, fishing licenses, Social Security cards and birth certificates.

Arizona: Illegal immigrant vote-fraud cases rare in Arizona | Arizona Republic

Arizona has spent enormous amounts of time and money waging war against voter fraud, citing the specter of illegal immigrants’ casting ballots. State officials from Gov. Jan Brewer to Attorney General Tom Horne to Secretary of State Ken Bennett swear it’s a problem. At an August news conference, Horne and Bennett cited voter-fraud concerns as justification for continuing a federal-court fight over state voter-ID requirements. And some Republican lawmakers have used the same argument to defend a package of controversial new election laws slated to go before voters in November 2014. But when state officials are pushed for details, the numbers of actual cases and convictions vary and the descriptions of the alleged fraud become foggy or based on third-hand accounts.

Connecticut: Election Day Registration Enables Nearly 2 000 To Vote | Public News Service

This month’s municipal elections in Connecticut marked the first time voters there could register on election day, and local advocates and election officials say the process worked well. Secretary of State Denise Merrill was expecting it would mostly be younger residents showing up for same-day registration, but she said the new option attracted voters of all ages. “This is the first election it’s in effect and it did very well; we had no problems, and we think about between 1500 and 2000 people took advantage of it.” Merrill said election-day registration was particularly popular in New Haven, and most importantly, she said, it gave many people a chance to vote who otherwise would have been left out.

District of Columbia: Judge Denies Lawsuit to Hold DC Attorney General Election in 2014 | Washingtonian

A federal judge denied lawyer Paul Zukerberg’s lawsuit against a DC Council bill to delay the election of the District’s attorney general until at least 2018, dealing a severe blow to Zukerberg’s campaign to be the first person voted into that position. Judge James E. Boasberg wrote in his opinion that while Zukerberg raised several valid points about the uncertainty about the scheduling of an attorney general election, the case did not belong in his courtroom because the delay bill is not settled law. “While Zukerberg raises an interesting challenge, the Court has no power to rule on that question today, as none of his claims is ripe for review,” Boasberg wrote.

Editorials: Courts should reject new law governing third parties in Ohio | Aaron Keith Harris/Cleveland Plain Dealer

Most Americans have a general sense that the Republican and Democrat parties have too much control over our political system and electoral process, but, for Ohio voters, Senate Bill 193 is a stark demonstration of just how ruthless those in power work to fend off challenges to the status quo. Passed earlier this month, and signed by Gov. Kasich, SB 193 removes all challenger parties from the Ohio ballot in 2014, and makes it more difficult for them to regain status as a recognized political party in Ohio. The bill’s sponsor, Sen. Bill Seitz said he introduced the bill because Ohio had no election law in place for minor parties. This is true, having been the case since 2006 when a federal court declared Ohio minor party law unconstitutional in LPO v. Blackwell.

Virginia: The victor in Virginia’s attorney general race stands a chance of losing | MSNBC

Even if Democrat Mark Herring ends up with more votes than his Republican rival Mark Obenshain in the tightly contested Virginia attorney general’s race, he could still lose. Herring is currently ahead of Obenshain by a follicle–the current official count states that Herring has 164 more votes than Obenshain out of more than two million cast. A recount is all but guaranteed and litigation seems likely. But even if after the dust clears Herring remains in the lead, under Virginia law, Obenshain could contest the result in the Republican dominated Virginia legislature, which could declare Obenshain the winner or declare the office vacant and order a new election. “If they can find a hook to demonstrate some sort of irregularity, then there’s nothing to prevent them from saying our guy wins,” says Joshua Douglas, an election law expert and professor at the University of Kentucky College of Law.  “There’s no rules here, besides outside political forces and public scrutiny.” An election contest is a specific post-election procedure for disputing the official outcome of an election. Different states have different rules for election contests–some put them in the hands of the courts, others in the hands of the legislature. Obenshain couldn’t simply contest the election out of the blue. He’d have to argue that some sort of irregularity affected the result. Still, Virginia law is relatively vague in explaining what would justify an election contest, and historical precedent suggests that co-partisans in the legislature are unlikely to reach a decision that hurts their candidate.

Editorials: Virginia Attorney General Election: When voters don’t decide | Reuters

Voters decide who wins an election, right? Not necessarily. In fact, we may see partisan operatives determine the winner in the razor-thin race for Virginia’s attorney general. After the initial count, Democrat Mark Herring is ahead of Republican Mark Obenshain by a mere 164 votes out of 2.2 million. If Herring remains on top after a recount and any federal court litigation, then the next step is for the Republican candidate to initiate an “election contest” with the Virginia General Assembly. This election contest is a procedure in which the losing candidate disputes the certified results. States have varying ways to resolve these controversies — and most use a process that allows partisans to determine the ultimate winner. There are better solutions, however, than allowing a partisan legislature to decide. We can minimize ideology, actual or perceived, by creating a bipartisan entity that would resolve a post-election battle. Yet in Virginia an election contest goes to the General Assembly sitting as a joint session, with the speaker of the House of Delegates presiding. Republicans now control a majority of the Virginia General Assembly seats — and have been pushing through a socially conservative agenda.

Chile: Bachelet tops Chile presidential vote; faces runoff | Associated Press

Michelle Bachelet won nearly twice as many votes as her closest rival in Chile’s presidential election Sunday, but she fell short of the outright majority needed to avoid a Dec. 15 runoff. With more than 92% of votes counted, the moderate socialist Bachelet had nearly 47%, to 25% for conservative Evelyn Matthei. Seven other candidates trailed far behind. Bachelet predicted she would win big in the second round and push forward major social reforms. “We’re going to have a decisive and strong victory that backs up the transformation program that we have been building,” she said. Matthei’s campaign celebrated getting another try at Bachelet, this time in a one-on-one race. “Going into a second round is certainly a triumph,” an exultant Matthei told supporters.

Guinea-Bissau: Elections postponed until next year | Business Standard

Guinea-Bissau said today it was postponing national elections which had been due to take place in nine days until March next year. “The presidential and parliamentary elections will be held on March 16, 2014,” the transitional regime said in a presidential decree, announcing that it would “immediately cancel the elections previously set for November 24, 2013”. The decree said the postponement was agreed by the transitional government, political parties and the electoral commission, but did not specify a reason for the decision. The polls were originally pencilled in for May but in January transitional president Manuel Serifo Nhamadjo said such a short time frame was “technically” impossible.

Kosovo: Serbs revote in tense northern Kosovo city amid high security | The Washington Post

Minority Serbs in a tense northern Kosovo city cast ballots under tight security on Sunday, redoing a vote that was derailed when masked men attacked staff and destroyed voting materials. Special police units in bulletproof vests backed by members of the European Union police and justice mission and armed NATO peacekeepers stood outside polling stations to prevent a repeat of the electoral violence that stopped the Nov. 3 poll in ethnically divided Mitrovica. The incident was blamed on hardline Serbs who fear the vote endorses Kosovo’s 2008 secession from Serbia. Kosovo authorities said Sunday that voter turnout to elect a mayor of the Serb-run part of the city and members of the local council was 22 percent.

Maldives: New president sworn in | Al Jazeera

The Maldives’ newly-elected President Abdulla Yameen pledged Sunday to end two years of political turmoil that have brought violent protests to the popular high-end tourist destination, as he was sworn in after defeating the favorite Mohamed Nasheed in a runoff. The win was a victory for the political old guard, who rallied around Yameen to defeat Nasheed – who was the Maldives’ first democratically elected leader, and was forced to resign last year in what he said was a coup. The election was the fourth attempt to choose a new president after three earlier ballots were either canceled or delayed, adding to tension between the rival political groups and drawing international condemnation. Yameen won 51.4 percent of the votes in Saturday’s ballot, in which 91 percent of the 240,000-strong electorate took part. “Rising out of political turmoil and establishing peace is a big responsibility as Maldives’ president and head of state,” Yameen said in his inaugural speech, after he was sworn in at a special session of parliament.

Nepal: Transgenders shut out of voting | AFP

As a Nepalese transgender dancer in her twenties, Nazia Shilalik says her gender has cost her jobs, respect and soon, she believes, it will cost her a vote in upcoming elections. Transgenders had high hopes six years ago when Nepal’s Supreme Court approved third gender citizenship — part of a judgment that ordered the government to enact laws to guarantee the rights of all lesbian, gay, bisexual and transgender (LGBT) people. But now the fundamental human rights changes that transgenders anticipated look elusive because of a lack of documentation proving their identity. “I would love to (vote), but I know I will not get the chance because I am a transgender person,” said Shilalik. Despite the landmark ruling, the vast majority of transgender people in Nepal are still waiting to obtain vital documentation officially recognising their third sex gender.

The Voting News Weekly: The Voting News Weekly – November 11-17 2013

maldives_260Efforts are quietly underway in Congress to reinvigorate measures in the Voting Rights Act that were weakened by a Supreme Court decision last summer. Rick Hasen considers the new argument for voter suppression and whether it is any more acceptable to create procedural barriers for certain voters for partisan advantage. Heather Gerken defended the value of the Presidential commission on election administration. A judge in Iowa suspended a controversial voter purge while court challenges are pending. Election lawyers have arrived in Virginia for the anticipated legal battle over the State’s razor-thin Attorney General race. The two week trial over Wisconsin’s Voter ID law concluded the same day that the State Assembly passed modifications to the law. The State of Western Australia Senate election is headed for a re-vote after almost 1400 ballots went missing and protests turned violent as the Maldives Presidential election was delayed.

National: Republican Party Weighs a 2016 Shakeup With ‘Midwestern Primary’ | The Daily Beast

The national Republican Party is considering a number of major changes to its presidential nominating process to avoid a repeat of the debacles of 2012, according to several party officials. Most significantly, the party is considering holding a “Midwestern primary” featuring Great Lakes states such as Ohio, Indiana, Illinois, Michigan, and Wisconsin that would come immediately after the votes in the traditional early primary states. Also being weighed and thought likely to be approved when the Republican National Committee meets in early 2014 is a plan to shorten the primary season considerably by holding the party’s convention in July, almost as soon as the last primary ballots are cast. The move toward a “Midwestern Super Tuesday” after the early primary states of Iowa, New Hampshire, South Carolina, and Florida appears aimed in part at wresting control of the nominating process from social conservatives in the South in an effort to produce a nominee more likely to carry the election in November. Nearly all the “Rust Belt” states have fallen into Democratic hands in recent elections, and GOP officials believe that showering them with more resources throughout the primary process—and ensuring that an eventual nominee is broadly popular there—could flip the Midwest into the Republican column in November.

National: Democrats tread carefully on voting rights bill | The Hill

Democrats in both chambers are working behind the scenes to draft legislation to re-install the Voting Rights Act protections shot down by the Supreme Court over the summer. But in a sign of the delicate nature of the topic, Senate Democrats are taking care not to rush ahead of the House, for fear of sinking the bill’s chances in the GOP-controlled lower chamber. Instead, Senate Judiciary Chairman Patrick Leahy (D-Vt.) is working with House Democrats and a small contingent of House Republicans – notably former Judiciary Chairman Jim Sensenbrenner (Wis.), who championed the 2006 VRA reauthorization – in an effort to defuse the partisan politics surrounding the thorny issue and forge a bill that has the best chance of becoming law. “We’ve had hearings and now we’re just trying to quietly get some support, because I don’t want to bring up something that doesn’t go anywhere,” Leahy said Thursday.

Editorials: Digital election reforms will encourage participation in our democratic process | The Buffalo News

Another Election Day has come and gone, giving us a chance to consider an unresolved issue. That is, how to improve the American voting system. We are still operating under some obsolete rules and procedures. Those need to change if we ever hope to reverse the woeful turnouts of recent elections and ensure that all eligible citizens are able to register and vote without undue barriers. The proposed Voter Empowerment Act of 2013 has a component called Voter Registration Modernization that is intended to bring the American voting system into the 21st century. It is based on proposals from the Brennan Center for Justice, a legal advocacy group in New York. It requires the government to take responsibility for making sure that every eligible voter can become registered and remain that way. Modernizing voter registration, securely, might involve electronic, online and same-day registration. The bill has other aspects that would need more discussion, but the part dealing with technology seems clear-cut.

Florida: Detzner claims one of “main functions” of SAVE is to check voter registration. But that’s not what DHS data shows. | Miami Herald

Florida Secretary of State Ken Detzner has been on a public relations mission to defend his plan to use federal Homeland Security data to search for noncitizens on the voting rolls. The key to the revamped process is using a federal resource of data, called the Systematic Alien Verification for Entitlements, or SAVE. Detzner defended the use of SAVE for voter registration purposes during a Nov. 4 hearing before the Senate committee on ethics and elections. He said using SAVE to check voter registration is one of its primary uses.

Iowa: Polk County judge suspends voter fraud rules | The Des Moines Register

Controversial rules governing voter fraud investigations will remain suspended until the conclusion of a lawsuit challenging their legality. A Polk County judge on Wednesday issued a temporary injunction against implementation of the rules. The move is a positive development for the American Civil Liberties Union of Iowa and the League of United Latin American Citizens of Iowa, which brought the suit against Iowa Secretary of State Matt Schultz. At issue are rules written by Schultz’s office guiding the process by which the state may verify a voter’s eligibility and strip the voting rights of those found to be ineligible.

Ohio: Debate Heating Up Again Over Voter ID in Ohio | Northeast Ohio Public Radio

Republican State Rep. John Becker says voter fraud is a problem in Ohio. “You know the issue is there has been some documented issues of fraud going on,” Becker said. “There’s a perception that having voter ID would go a long way to eliminate some of the current fraud that we know of, and what might be more concerning is the fraud that we don’t know of, you know what’s slipping through the cracks.” Becker’s photo ID bill, which was introduced earlier this year, would require Ohio voters to show a valid driver’s license or state-issued identification card before casting a ballot. He says his bill makes sure low-income Ohioans who do not have those types of identification could get them free of charge. “It does provide for a free photo ID for anybody who can’t afford it and they are at or below the federal poverty level,” Becker said. Becker’s plan has the support of Chris Long, the president of the Ohio Christian Alliance. And Long said recent polling shows it has the support of most Ohioans too.

Ohio: Jon Husted makes pitch for overhaul of Ohio’s redistricting process with emphasis on compact, competitive districts | cleveland.com

Secretary of State Jon Husted said Thursday that the process for drawing legislative district boundaries encourages excess partisanship and shuts out voices from those in the political minority. Husted, addressing the state’s Constitutional Modernization Commission, told the panel he thinks the process needs to be changed, and changed quickly. The goal, he said, should be to have an issue on the ballot in 2014. “I believe that redistricting reform, if done correctly, can be the most important reform to the Constitution in generations, because it has the potential to fix a broken democracy,” Husted said. Overhauling the process is something Husted has sought dating back to his days in the General Assembly, including his tenure as House speaker. Presently the Republicans, Husted’s own party, have a stronghold on key state offices and large majorities in both chambers in the Legislature. What he’s proposing could reduce that dominance.

Virginia: Attorney General race could end up in General Assembly | Washington Times

A razor-thin margin in the Virginia attorney general’s race could ultimately put the decision about a winner before the General Assembly — but the rarely used strategy of contesting an election comes with its own political consequences, analysts say. With Democrat Mark R. Herring leading Republican Mark D. Obenshain by 0.007 percent of the total statewide votes, whichever candidate is trailing when the state certifies the election results Nov. 25 is all but certain to call for a recount. And depending on the results, the candidates could conceivably contest the election. Virginia law gives the General Assembly wide latitude to act after hearing a candidate’s case. Lawmakers have the authority to reject the appeal, to order a new election or even to declare a winner — whether it is the candidate who held the lead or the candidate who contested the election. But the bar for success is extremely high. The law states that a candidate must detail “objections to the conduct or results of the election accompanied by specific allegations which, if proven true, would have a probable impact on the outcome of the election.”

Wisconsin: Assembly approves changes to voting hours, ID law | Journal Sentinel

In a late-night session Thursday, Republicans in the state Assembly approved measures to reinstate Wisconsin’s voter ID law, tighten early voting hours, limit the ability to recall elected officials and restrict access to the site of a proposed iron mine in the North Woods. They also took a first step toward amending the state constitution to require members of the state Supreme Court to choose the chief justice, rather than having that post automatically go to the most senior justice. Legislators from the two parties had been working together to move through a jam-packed agenda by midnight, but bitter disputes developed late Thursday that threatened to send the session into the early morning hours. Tensions flared after Democrats attempted to take up a bill honoring the children killed last year at Sandy Hook Elementary School in Connecticut. Republicans rejected taking that up and then advanced a bill creating an anti-abortion license plate.

Wisconsin: Assembly Republicans push through recall, photo ID, absentee voting measures | Associated Press

Assembly Republicans used the final regular session day of the year Thursday to push their proposals that would make it more difficult to remove public officials from office, require photo identification at the polls and limit hours of in-person absentee voting. Democrats, who opposed all the measures but didn’t have the votes to stop them, argued against the changes as an infringement on voter rights and attempt to quash Democratic supporters. Republican leaders defended the proposals, saying they would protect the integrity of the election process by allowing recalls only when those targeted have committed a serious crime, combat fraud by requiring photo identification and install a more uniform system for in-person absentee voting hours statewide. The Assembly isn’t the last stop for any of the hot-button elections issues. All would also have to pass the Republican-controlled Senate, and the change to the recall law for statewide officials would be put to a statewide vote. The soonest that could happen is 2015. The recall measure passed 53-39 with all Democrats opposed.

Editorials: Chilean elections show a new political dynamism | Simon Escoffier/Al Jazeera

Chile’s presidential elections are due to be held on November 17 in a  special political setting. Since the return to democracy in 1988, Chile’s institutional politics have always been divided into two powerful party coalitions: the Concertacion (centre and left-wing parties), and the Chilean Alliance (right-wing parties). Since 2006, and especially during the last few years (during Sebastian Pinera’s current presidency), new arrangements of citizenship brought into question this entrenched political order. By citizenship, I mean a group’s access to expressing their political rights through institutional political representation. Therefore, citizenship expresses how much people feel represented by political institutions. How Chileans relate to the state and other institutions has changed in the past years, and this election expresses those shifts. This election is historically unique because it brought to the fore new parties and novel independent candidates. Topics never before discussed by presidential candidates have been addressed. These new socio-political developments are particularly visible on the left.

Nepal: Elections in Nepal overshadowed by protests | Deutsche Welle

In an attempt to disrupt the upcoming national poll, an alliance of 33 opposition parties in Nepal recently called for a transport blockade, demanding that the current interim administration be disbanded and a new multi-party government be formed to oversee elections at a later date. The group believes the November 19 vote will not be fair if it is overseen by the Chief Justice heading the current caretaker government. But the blockade – set to last until election day – hasn’t gone quite as planned. After thousands of drivers across the country defied the strike, opposition activists resorted to violence, torching cars, forcing businesses to close and bringing much of the South Asian nation to a standstill. The incident is just the latest in a string of political upheavals, exposing the increased level of polarization in one of the world’s youngest democracies. “The bandhs, or strikes, are a typical tool used in Nepal to compel other political parties into granting concessions by paralyzing economic activity,” said Vanda Felbab-Brown, a senior fellow in the Foreign Policy program of the US-based Brookings Institution. “Every time the moment of taking big decisions arrives, Nepalese politicians pull out the bandh ploy,” she told DW, adding that this pattern had been repeated over the past years, but especially in the run-up to May 2012, when the fourth deadline to pass a new constitution was to expire.

Voting Blogs: Tech, Training, and Tricks: Why We Should Expect a Good Deal More than “Nothing” from the President’s Commission | Heather Gerken/Election Law Blog

Jonathan Bernstein has insisted that we should “expect nothing” from the president’s electoral administration commission, headed by Bob Bauer and Ben Ginsberg.  It’s not a bad prediction for any pundit, because “nothing” is pretty much what we’ve been getting out of Washington for a good long while.  Moreover, I wasn’t sure that anyone was more cynical than I am about the possibility of election reform, so it’s nice to have company.  As I’ve written elsewhere, getting “from here to there” with election reform is incredibly difficult in the current political climate.  Nonetheless, I think that Bernstein is wrong and that it’s worth saying why.  (In the interest of full disclosure, I should note that I have occasionally been asked by the commission to provide technical expertise and, like most of the people in my field, know and respect both Bauer and Ginsberg). Your view of the commission will depend on what you think it’s realistic to expect on the reform front.  Bernstein, much to his credit, candidly admits that he wasn’t sure what President Obama should have done in the wake of the 2012 election.  He suggests that Obama should have pushed for legislation in the hope of slipping it into an omnibus bill, although he ruefully admits it “probably would have died.”  (On that prediction, I’d just omit the “probably.”) Or perhaps, says Bernstein, Obama should have pushed to draft “model legislation” for the states.  (This doesn’t strike me as any more likely to succeed; it’s hard to see why state legislators will pass meaningful reform given that they are no less self-interested than members of Congress.)  Bernstein nonetheless thinks that a dead bill that squeaked through the Senate or model legislation for the states will do more to reform our system than the president’s commission will.

National: Gerrymanders and state [s]elections | The Hill

Ol’ Elbridge Gerry is back in the dock, his namesake “gerrymander” blamed for all that ails our “gridlocked” Congress.   Some claim that the House districts drawn by state legislatures in 2011 have reached new heights (or lows) of partisanship.  Critics deride the shape of the districts and object to their effect on control of the House.  These claims are important, but they ignore the fact that state legislatures have since 1788 sought to influence the selection of members of Congress. The current, computer-aided gerrymandering is only the most recent battle in that perennial fight.  When viewed as the “selection” of sympathetic House members by state legislatures, gerrymandering reflects deeper constitutional roots than its critics admit. The Framers of our Constitution granted state legislatures key roles in the election of the members of the Senate and House.  Article I of the 1787 Constitution provided for the election of senators by vote of the state legislatures.  Members of the House were to be chosen by the vote of the people of each state, but state legislatures would choose the “time, place, and manner” of such direct elections,” though Congress retained power to “alter” such state regulations.