Virginia: Senators introduce bipartisan amendment to change redistricting | WHSV

As Virginia lawmakers get started on the 2019 session of the General Assembly, an unlikely bipartisan duo has a proposal to fix gerrymandering in the commonwealth. Senator Emmett Hanger, a Republican representing Augusta County in the Shenandoah Valley, and Senator Mamie Locke, a Democrat representing Hampton in the Eastern Shore, have joined forces to propose a bill that would take redistricting out of the hands of politicians and create an independent commission of citizens tasked with drawing election boundaries. “You can’t take politics out of the redistricting process, it’s political in nature, but you can set up a process if our constitution allows it,” Senator Hanger told us.

National: Gerrymandering lawsuits linger as next redistricting nears | Associated Press

As the 2019 state legislative sessions get underway, a busy year of legal battles also is beginning over lingering allegations that hundreds of electoral districts across the country were illegally drawn to the disadvantage of particular voters or political parties. First up was a court hearing Thursday in Virginia, where a federal judicial panel reviewed several proposals from an outside expert to redraw some state House districts. The court had previously determined that those districts were racially gerrymandered. The expert, University of California, Irvine political science professor Bernard Grofman, answered questions about his revisions. “My focus was on remedying constitutional infirmities,” he said.

Wisconsin: Assembly Republicans ask court to halt proceedings in redistricting case | Kenosha News

The Republican-controlled state Assembly has requested a court halt proceedings in Wisconsin’s redistricting case pending U.S. Supreme Court action on similar cases from other states. Lawyers for the Assembly, which intervened in the case last fall, wrote to the court Monday saying two cases the Supreme Court agreed to hear on appeal present the same issues as Wisconsin’s Gill vs. Whitford case and that holding a trial would be unnecessary until the Supreme Court cases are resolved. “Proceeding before the Supreme Court issues its decisions would be an unnecessary waste of the Court’s and the parties’ time and resources,” the Assembly lawyers wrote.

Virginia: U.S. Supreme Court rejects Republican bid to delay redistricting in Virginia | The Washington Post

The U.S. Supreme Court on Tuesday declined to delay the process of drawing new districts for at least 11 Virginia House of Delegates seats, rejecting a request for a stay from state Republicans who are contesting the overall effort. A panel of judges from the U.S. District Court for the Eastern District of Virginia ruled last June that the districts had been racially gerrymandered to concentrate black voters and ordered a new map. Most of the affected districts are in the Hampton Roads and Richmond areas. After the General Assembly failed to agree on a redistricting plan last fall, the judges appointed an outside expert to handle it. California professor Bernard Grofman submitted a 131-page report last month outlining options for new boundaries.

Editorials: The Supreme Court Could Make Gerrymandering Worse | Richard Hasen/The Atlantic

The Supreme Court’s decision on Friday to take up partisan-gerrymandering cases from North Carolina and Maryland brought to mind a saying attributed to Judy Garland: Behind every cloud is another cloud. The now firmly conservative Court likely took the cases not to announce that such activities violate the Constitution, but to reverse the lower courts that said they do. Down the road, the Court might do much more damage, including by preventing states from using independent commissions to draw congressional districts. For years, the Supreme Court has ducked the question of partisan redistricting, failing to provide clear guidance on its constitutionality. Until he left the Court this summer, Justice Anthony Kennedy was the key swing vote on this issue. In 2004, he disagreed with conservatives that such cases present “political questions,” which courts cannot hear given the lack of “judicially manageable standards.” And he disagreed with liberals that any as-yet-proposed standards adequately separated permissible from impermissible consideration of partisan information in drawing district lines. But he suggested that the First Amendment’s right of association could serve as the foundation of a ruling against gerrymandering.

National: Supreme Court to take on partisan gerrymandering this year | Politico

The Supreme Court will grapple with the legality of partisan gerrymandering in March when it hears arguments challenging congressional-district maps in two states. The court announced Friday it would consider cases from Maryland and North Carolina after lower federal courts threw out the congressional maps in both states, ruling that they were so gerrymandered to favor one party that they violated the constitutional rights of voters. The high court will consider whether to uphold those rulings and order new maps drawn for the 2020 elections in those states. Federal judges in Maryland tossed the state’s congressional map in November after Republicans sued, claiming Democrats went too far when they altered the lines of a district in Western Maryland to defeat the then-Republican incumbent. Since redrawing the map before the 2012 election, Democrats have held a 7-to-1 advantage in the state’s congressional delegation, after entering the redistricting process with six members, to Republicans’ two.

National: House Democrats unveil first major legislative package of voting, campaign finance and ethics overhauls | Roll Call

Automatic voter registration, independent redistricting commissions, super PAC restrictions, forced release of presidential tax returns — these are just a handful of the provisions in a massive government overhaul package House Democrats will formally unveil Friday, according to a summary of the legislation obtained by Roll Call.  The package is being introduced as H.R. 1 to show that it’s the top priority of the new Democratic majority. Committees with jurisdiction over the measures will hold markups on the legislation before the package is brought to the floor sometime later this month or early in February.  H.R. 1 features a hodgepodge of policies Democrats have long promoted as solutions for protecting voters’ rights and expanding access to the polls, reducing the role of so-called dark money in politics, and strengthening federal ethics laws. 

New Jersey: Governor calls for redistricting reform | The Hill

New Jersey Gov. Phil Murphy (D) says he wants to reform the way congressional and legislative districts are drawn in his state, days after legislative leaders canceled a vote on a controversial plan that good government groups called a blatant power grab. In an interview with The Hill, Murphy applauded the decision to shelve the proposed overhaul, despite the fact that it likely would have cemented Democratic control of the state legislature and congressional delegation for years to come. The measure sparked outrage from Republicans, Democrats and groups that advocate for fair district lines. 

South Carolina: Lawmakers push for independent commission to redraw district lines after 2020 | The Post and Courier

Some state lawmakers want to create a new commission to redraw the state’s legislative and congressional districts after 2020, setting the stage for a debate over gerrymandering and whether the Republican-led Legislature should be in charge of divvying up voters. A group of senators and representatives filed several pieces of legislation last week that would give South Carolinians the ability to choose whether state lawmakers or a commission made up of nine other people draw the state’s future political boundaries. Anyone who is or was a lobbyist, a candidate for office, a legislative staffer, an employee of a political party or contributed $2,000 or more to a political candidate in any given year could not serve on the proposed commission.

National: Voting Issues and Gerrymanders Are Now Key Political Battlegrounds | The New York Times

Voting rights and partisan gerrymandering, traditionally the preoccupation of wonky party strategists and good-government groups, have become major flash points in the debate about the integrity of American elections, signaling high stakes battles over voter suppression and politically engineered districts ahead of the 2020 presidential race. When Democrats take the majority in the House on Thursday, the first bill they plan to introduce will be broad legislation focusing on these issues. Early drafts of their proposals include automatic voter registration, public elections financing and ending gerrymandering by using independent commissions to draw voting districts. But action and anger go far beyond Congress. With voters increasingly aware of the powerful impact of gerrymandering and doubtful about the fairness of elections, voting issues have become central to politics in key states including Florida, Georgia, Michigan, North Carolina, Pennsylvania and Wisconsin.

Wisconsin: Vos won’t release $850,000 law firm contract in redistricting case | Milwaukee Journal Sentinel

Assembly Speaker Robin Vos won’t make public a legal contract that will cost taxpayers $850,000, despite a state law meant to ensure government records are widely available. Advocates for open records say the Rochester Republican is in the wrong and must release a copy of the contract with the Chicago-based law firm Bartlit Beck. Assembly Republicans recently retained the firm to help defend the state in a long-running lawsuit over legislative district lines they drew in 2011 that have helped them win elections. Taxpayers have already spent more than $2 million in legal fees to draw and defend those maps. “They should just release the record. I mean, it’s clearly a public record and it should be automatic,” said Orville Seymer, field operations director of the conservative Citizens for Responsible Government and a member of the Wisconsin Freedom of Information Council’s board.

New Jersey: Democratic lawmakers pull controversial redistricting proposal in face of widespread opposition | Philadelphia Inquirer

In another sign that gerrymandering has become a potent political issue, top Democratic lawmakers in New Jersey were forced over the weekend to spike a proposed constitutional amendment that was sold as redistricting reform but would have entrenched their party’s power in Trenton. The plan faced nearly unanimous opposition across the political spectrum, and from good-government lobbies, national Democratic figures, and other interests. It had been scheduled for a vote Monday afternoon in both chambers of the state Legislature. By the time Democratic leaders announced Saturday night that they were pulling the measure, the chorus of detractors had grown to include a number of rank-and-file Democratic lawmakers. Even the No. 2 Senate Democrat, Loretta Weinberg of Bergen County, expressed some hesitation. “There’s something in this bill to affront almost everybody,” she told WNYC hours before the bill was buried. “That’s not always easy to do. But, apparently, that’s what we managed to do.”

New Jersey: Democrats cancel vote on controversial redistricting plan | nj.com

Inundated with fierce opposition from across the political spectrum, Democrats who lead the New Jersey Legislature have abruptly shelved a controversial redistricting plan that critics say could bolster their power for decades. Democratic leaders had scheduled a vote for Monday, the final legislative session of the year, at the Statehouse in Trenton. But staring down the possibility the plan might not pass in the face of broad backlash, state Senate President Stephen Sweeney and state Assembly Speaker Craig Coughlin announced Saturday night they canceled the vote. That makes it unlikely the proposed constitutional amendment will be placed before voters next year — at least in its current form.

Virginia: House GOP asks U.S. Supreme Court to stop new electoral map | Richmond Times-Dispatch

Republican leaders in the Virginia House of Delegates have formally asked the U.S. Supreme Court to step in and block a lower court’s efforts to redraw the House map for the 2019 elections. In a court filing released Thursday, House Speaker Kirk Cox, R-Colonial Heights, asked the Supreme Court to grant an emergency stay that would halt a lower court’s efforts to enact a new House map to fix 11 districts found to be racially gerrymandered. Republicans are appealing the ruling, and the Supreme Court has agreed to hear new arguments in the case early next year. Because the lower court could be overturned, Cox said, putting a new map in place would “cause confusion” as candidates and voters prepare for legislative primaries next June.

Michigan: Redistricting group argues GOP rules ‘unconstitutional’ | The Detroit News

Michigan legislators cannot write rules for an independent restricting commission without violating the constitutional amendment approved by voters last month, organizers of the ballot initiative argued Tuesday. A Republican proposal advanced by the Senate Government Operations Committee is unconstitutional and a “direct attack on the will of the voters,” said Nancy Wang, president of the Voters Not Politicians committee. The more than 2.5 million voters who approved the anti-gerrymandering measure “took the extraordinary step of amending our state constitution specifically to take politicians out of the redistricting process — period,” Wang told lawmakers.

Ohio: Republicans Ordered to Hand Over Records on Ohio Maps | Courthouse News

In a win for a group of Democratic voters, a three-judge panel ruled Monday that the former chairman of the Republican State Leadership Committee must turn over emails and other documents about the 2011 redistricting of Ohio’s legislative maps. In May, a coalition of Democratic voters and groups, represented by the American Civil Liberties Union of Ohio, sued Governor John Kasich and other Republican lawmakers in Cincinnati federal court. They urged the court to enjoin a redistricting statute that the GOP used to redraw maps, arguing it gave an unfair advantage to Republicans at the expense of Democratic voters. The Ohio A. Philip Randolph Institute, an advocacy group for black trade unionists, and its co-plaintiffs claim the Republican State Leadership Committee sought to control the redistricting process to “solidify conservative policymaking at the state level, and to maintain a Republican stronghold in the U.S. House of Representatives for the next decade.”

Pennsylvania: Lawmakers circulate memos in anticipation of new redistricting battle | WITF

Though the new state legislative session hasn’t technically started, lawmakers are already filing memos for the bills they plan to sponsor. One of the first issues on the agenda has already commanded lawmakers’ attention for nearly a year: redistricting. Last winter, Pennsylvania’s Supreme Court ruled the state’s congressional map unfairly benefited Republicans and redrew it. The move inflamed a debate that had smoldered for a long time: that the map-drawing process has to be less political. The commonwealth’s congressional maps are passed through state legislation. State House and Senate maps are drawn by a five-member commission, of which four members are elected officials.

Texas: Texas Legal Fight Over Redistricting Isn’t Over | Dallas Observer

It turns out the nearly decade-long fight over Texas’ legislative districts didn’t actually end with the Supreme Court’s ruling against the plaintiffs in June. Late Friday afternoon, the coalition of voting rights groups that have fought the state for fairer legislative districts since the last round of redistricting in 2010 filed a pair of new briefs with the U.S. District Court for the Western District of Texas in Austin. They seek to have the state forced back into federal preclearance under the Voting Rights Act. States subject to the VRA’s preclearance provision must seek and receive federal approval for any changes they make to any law that applies to voting. Texas has been free from the requirement since 2013, when the Supreme Court cleared the list of states subject to preclearance, but could be placed back on the naughty list if federal courts determine that the state is intentionally discriminatory in its voting laws.

Michigan: Redistricting backers worried bill would alter voter-approved plan | The Detroit News

A lame duck bill addressing the selection process for the state’s newly adopted citizens redistricting commission has the initiative’s backers crying foul. The proposal by Republican Sen. Phil Pavlov of St. Clair details rules and procedures for the selection of the commission, items already outlined in the Proposal 2’s language and, to some degree, left up to the discretion of incoming Secretary of State Jocelyn Benson. Another set of bills introduced by GOP Sen. Mike Kowall of White Lake the same day clarify some rules surrounding items approved in Proposal 3, such as same day voter registration and no-reason absentee voting.

Wisconsin: Democrats fear GOP redistricting end-around | Associated Press

Wisconsin Democrats scored a huge win when Tony Evers captured the governor’s office last month. But an even bigger fight is looming as Republican lawmakers prepare to redraw legislative boundaries, stirring fears among Democrats that their rivals could take unprecedented steps to remove Evers from the process. State law requires legislators to redraw the boundaries every 10 years to reflect population changes. It’s a high-stakes task since the party in control can craft maps that consolidate their power and lock in their majority for years. The last time lawmakers drew new boundaries was in 2011, when Republicans controlled the Senate, Assembly and governor’s office. A federal judicial panel invalidated the Assembly districts as an unconstitutional partisan gerrymander in 2016. The U.S. Supreme Court overturned that in June and sent the case back to the lower court to establish whether there was harm to particular voters. A new trial is set for April.

North Carolina: Partisan gerrymandering lawsuit calls for new legislative districts for 2020 elections | WRAL

A new gerrymandering lawsuit calls for a court order requiring voting districts for the state House and Senate be redrawn before the 2020 elections. The lawsuit, filed Tuesday in Wake County by good-government group Common Cause, the North Carolina Democratic Party and 22 voters from across the state, follows the path of another Common Cause lawsuit in which federal courts have twice found that Republican lawmakers illegally gerrymandered North Carolina’s congressional districts for partisan advantage. “Republicans in the North Carolina General Assembly have egregiously rigged the state legislative district lines to guarantee that their party will control both chambers of the General Assembly regardless of how the people of North Carolina vote,” the lawsuit states. “This attack on representative democracy and North Carolinians’ voting rights is wrong. It violates the North Carolina Constitution. And it needs to stop.”

Virginia: Supreme Court to review Virginia voting districts in race case | Reuters

The U.S. Supreme Court on Tuesday said it will review for a second time whether Republican legislators in Virginia drew electoral districts in the state in a way that unlawfully diluted the clout of black voters. The high court will hear an appeal by the Republican-led state House of Delegates of a June ruling by a federal three-judge panel that said the 11 state House districts in question all violated the rights of black voters to equal protection under the law under the U.S. Constitution’s 14th Amendment. Democrats have accused Republicans in Virginia and other states of crafting such legislative maps in a way that crams black and other minority voters into certain districts in order to reduce their overall sway in the state. When the litigation first reached the high court, the justices last year threw out an earlier lower court ruling that had found the 11 districts, as well as one other district, to be lawful. The justices said the lower court had not sufficiently analyzed the consideration of race by the Republican legislators in the process of drawing Virginia’s electoral map.

National: Democrats Say Their First Bill Will Focus On Strengthening Democracy At Home | NPR

Democrats will take control of the U.S. House in January with big items topping their legislative to-do list: Remove obstacles to voting, close loopholes in government ethics law and reduce the influence of political money. Party leaders say the first legislative vote in the House will come on H.R. 1, a magnum opus of provisions that Democrats believe will strengthen U.S. democratic institutions and traditions. “It’s three very basic things that I think the public wants to see,” said Rep. John Sarbanes (D-Md.), who spearheads campaign finance and government ethics efforts for the House Democratic Caucus. He said H.R. 1 will “demonstrate that we hear that message loud and clear.” But even Sarbanes admits the quick vote is just a first step. Republicans, who control the Senate, are unlikely to pass the bill and President Trump is unlikely to sign it. “Give us the gavel in the Senate in 2020 and we’ll pass it in the Senate,” Sarbanes said. “Give us a pen in the Oval Office and we’ll sign those kinds of reforms into law.”

Maryland: Gerrymandering case is back in court where judges floated an independent mapping commission as a fix | The Washington Post

Federal judges in Maryland floated the idea Thursday of ­taking the state’s congressional voting map out of the hands of political leaders and leaving the drawing of electoral lines to an independent, nonpartisan com­mission. A three-judge panel pressed the attorney general’s office and Republican voters challenging the electoral map about the possibility of settling their long-running case as it arrived back in court for the first time since the Supreme Court declined to immediately review the matter of redrawn maps. The high court in June avoided answering the question of when extreme partisan gerry­mandering is unconstitutional in the Maryland case involving a Democratic-drawn map — and in another from Wisconsin involving a Republican-led effort.

Virginia: House GOP cancels redistricting session, says lawmakers are ‘unlikely’ to meet court’s deadline | Richmond Times-Dispatch

Republican leaders in the Virginia House of Delegates have canceled a planned Oct. 21 floor session on redistricting, saying they see no point in coming to the Capitol to work on a plan Gov. Ralph Northam promised to veto. Barring unforeseen changes, the move all but guarantees that a court-appointed expert, not the General Assembly, will redraw the House map before the 2019 legislative elections in order to comply with a federal court order on racial gerrymandering. Republicans are appealing the June ruling to the U.S. Supreme Court, but the GOP majority acknowledged for the first time Friday that Northam’s veto threat means the House won’t be able to pass a new map by the Oct. 30 deadline set by a federal court. In an update filed with the three-judge panel, Republicans said “a legislative solution is unlikely to occur” by the deadline, making the Oct. 21 session in Richmond a futile exercise.

Maryland: Court suggests settlement talks in Maryland congressional redistricting case | Baltimore Sun

A federal court on Thursday suggested settlement discussions be pursued in a case in which Republican voters in Maryland’s 6th Congressional District want to toss out a map they say was unfairly crafted to benefit Democrats. The three-judge panel made the recommendation during a hearing on the case in Baltimore, according to the state attorney general’s office, which is defending the current district boundaries. The options for U.S. District Court Chief Judge James Bredar and two other federal judges could include having a nonpartisan redistricting commission redraw the boundaries, asking lawmakers to redo the map, or preserving the current district lines.

Editorials: A plea to end all partisan gerrymandering challenges | Lyle Denniston/Constitution Daily

Reopening a deeply divisive controversy that has troubled the Supreme Court for 32 years, four state legislators from North Carolina have urged the Justices to bar all constitutional challenges to partisan gerrymandering. The decades-long search for a way to judge the constitutionality of election maps that give one party’s candidates a clear advantage at the polls has been “an exercise in futility,” the state lawmakers argued.  The time has come to end that search altogether, according to the appeal in the case of Rucho v. Common Cause.  The document has just become available publicly. If the Court were to do as asked, legislators with control of their chambers would have no limit on how far they could go to create for their party an enduring domination of seats in state legislatures and even in the U.S. House of Representatives.  The only realistic remedy would be for the people of a state to take the task of drawing new districts away from the legislature, or — ultimately — for the nation to amend the Constitution.

Michigan: GOP pressure shaped district maps, court records show | The Detroit News

Republican mapmakers who drew Michigan’s current political districts were pressured to appease lawmakers and made changes to help gain legislative approval, according to documents and depositions in a federal lawsuit. The documents show mapmakers in 2011 gave top party officials the partisan vote history breakdowns of new districts, shared proposed maps with an interest group linked to the DeVos family, entertained suggestions from at least one GOP donor and faced backlash from incumbents vexed at how their districts were redrawn. “I think your map protects all nine incumbents and it looks good,” GOP redistricting guru Bob LaBrant, then a Michigan Chamber of Commerce official, told congressional mapmaker Jeff Timmer in a May 2011 email. It came as pressure from within and outside the Legislature began to rise.

Pennsylvania: Lawmakers float some redistricting ideas, but few expect results | WHYY

Top Pennsylvania House lawmakers have taken a brief stab at restarting the chamber’s long-deadlocked conversation on redistricting — filing amendments with a few options for changing the congressional reapportionment process. However, there’s still no clear path toward a consensus. One of the options involves a nine-member redistricting commission appointed by the legislature, with one non-partisan member. Another would create an 11-person commission chosen at random. A third would have the Secretary of the Commonwealth choose random commissioners, and give legislative leaders limited veto power.

Virginia: Governor Northam threatens veto over GOP redistricting plan | The Washington Post

Gov. Ralph Northam warned Tuesday he would veto a redistricting plan that Republicans in Virginia’s House of Delegates hope to approve this month. The lawmakers are set to consider new legislative boundaries in response to a federal court’s ruling that 11 House of Delegates districts were racially gerrymandered. House Speaker Kirk Cox ­(R-Colonial Heights) said earlier Tuesday that he would summon lawmakers on Oct. 21 to take up a plan passed out of committee on a party-line vote last week. If the legislature fails to act by Oct. 30, judges at the U.S. District Court for the Eastern District of Virginia will handle the redistricting themselves.