Illinois: Sharply divided Illinois Supreme Court keeps redistricting question off fall ballot | Chicago Tribune

Sharply divided along party lines, the Illinois Supreme Court on Thursday blocked from the fall ballot a proposal that would have asked voters whether to change the state constitution to take much of the politics out of the redrawing of state legislative boundaries. A 4-3 Democratic majority agreed with a Cook County judge’s ruling last month that the petition-driven Independent Map amendment proposal did not fit the narrow legal window for citizen initiatives to change the 1970 Illinois Constitution. The ruling was a win for Democratic House Speaker Michael Madigan, who opposed the referendum, suggesting it would hurt protections on ensuring minority representation in the General Assembly. The speaker has maintained his hold at the Capitol for more than three decades in part because he’s had the power to draw the maps. Additionally, a longtime Madigan ally was the lead attorney for the People’s Map, a group of prominent racial and ethnic minority businessmen that challenged the proposal.

Maryland: Redistricting lawsuit can go forward, federal judges rule | The Washington Post

A lawsuit challenging Maryland’s contorted congressional district map on First Amendment grounds has merit and should go forward, a three-judge federal panel ruled Wednesday. The map, drawn by Maryland’s Democratic lawmakers following the 2010 Census, essentially ensured that seven of the state’s eight congressional seats would be under their party’s control. According to the lawsuit, the redistricting specifically targeted western Maryland’s 6th District, where lines were altered to help unseat 10-term incumbent Rep. Roscoe G. Bartlett (R). Bartlett was defeated by John Delaney (D) in 2012. The suit, brought by Steve Shapiro, an American University law student, presents a novel argument: that the gerrymandered map violated the rights of 6th District Republican voters to political association and expression. It asks that the state be barred from using the map in any future elections.

Editorials: Can the States Save American Democracy? | Hedrick Smith/The New York Times

In this tumultuous election year, little attention has focused on the groundswell of support for political reform across grass-roots America. Beyond Bernie Sanders’s call for a political revolution, a broad array of state-level citizen movements are pressing for reforms against Citizens United, gerrymandering and campaign mega-donors to give average voters more voice, make elections more competitive, and ease gridlock in Congress. This populist backlash is in reaction to two monumental developments in 2010: the Supreme Court’s Citizens United ruling authorizing unlimited corporate campaign donations, and a Republican strategy to rig congressional districts. Together, they have changed the dynamics of American politics. That January, Justice John Paul Stevens warned in his dissent that Citizens United would “unleash the floodgates” of corporate money into political campaigns, and so it has. The overall funding flood this year is expected to surpass the record of $7 billion spent in 2012. Later in 2010, the Republican Party’s “Redmap” strategy won the party control of enough state governments to gerrymander congressional districts across the nation the following year. One result: In the 2014 elections, Republicans won 50.7 percent of the popular vote and reaped a 59-seat majority. Now, with Congress often gridlocked by Republicans from those safe districts, the initiative on reform has shifted to the states. Insurgency has spread beyond California and New York to unlikely Republican bastions like Arizona, Florida, Idaho, Indiana, Nebraska and South Dakota.

Maryland: Is it constitutional to draw a congressional district that only one party can win? | Baltimore Sun

A crop of legal challenges to contorted legislative districts in states like Maryland will soon give the Supreme Court its best opportunity in years to consider whether maps drawn for partisan advantage deprive voters of an equal voice in elections. Good-government groups believe the justices are poised to take up redistricting cases from North Carolina or Wisconsin — or both — in the next term. The plaintiffs are challenging the legality of one party drawing an electoral map that all but guarantees its candidates will win nearly all the seats. Either case could have implications for Maryland, where squirrelly congressional lines have helped Democrats control seven of the state’s eight House seats, but have drawn criticism from analysts, voters and the high court itself. The late Justice Antonin Scalia described Maryland’s congressional map as a “crazy quilt” in a redistricting case last year.

North Carolina: Federal panel strikes down North Carolina legislative districts | Associated Press

Federal judges on Thursday struck down nearly 30 North Carolina House and Senate districts as illegal racial gerrymanders, but will allow General Assembly elections to be held using them this fall. The decision by a three-judge panel comes six months after another set of judges struck down North Carolina’s congressional districts for similar reasons. Thursday’s ruling covering 19 House and nine Senate districts is yet another blow to the GOP lawmakers in North Carolina, which has seen several laws it enacted either partially or wholly overturned by the federal courts. The U.S. Supreme Court announced in June that it would hear the appeals of Republican state leaders in that case, where two majority-black congressional districts were thrown out. The previous map drawn in 2011 and still being challenged helped give the state GOP more seats within the congressional delegation in the swing state. The legislative maps, also approved in 2011, also helped Republicans pad their majorities in the two chambers after they took control of the legislature for the first time in 140 years the year before.

Editorials: Despite court ruling, North Carolina GOP lawmakers will benefit again from illegal voting maps | News & Observer

A panel of three federal judges delivered a welcome but frustrating ruling Thursday. The judges unanimously found that 28 of North Carolina’s 170 legislative districts were illegally drawn to concentrate black voters in a way that minimized their statewide political influence. U.S. Circuit Judge James Wynn wrote in the panel’s ruling that “… plaintiffs, and thousands of other North Carolina citizens, have suffered severe constitutional harms” from districts that were improperly drawn to bolster Republican control of the General Assembly. But the court also said the Nov. 8 election is too close to change the maps and that changes would have to be made afterward.

Texas: Voters Take Hit While Judges Ponder Election Laws | The Texas Tribune

The evidence is piling up: If the law allows Texas and other states to discriminate, they will discriminate. Photo voter ID laws, which require voters to offer photographic proof that they are who they say they are, have been flopping in federal courts across the country. The Texas law took a blow from the U.S. 5th Circuit Court of Appeals and was sent back to the trial court to put something better in place in time for the November elections. The court said the Texas law had a racially discriminatory effect. Importantly, it asked the trial court to decide whether that had been the state’s intent. Parts of Wisconsin’s voter ID law were knocked down by a federal judge who said the state was disenfranchising voters because of its “preoccupation with mostly phantom election fraud.” The state is appealing that decision.

Illinois: State Supreme Court to consider remap ballot measure | Associated Press

The Illinois Supreme Court agreed Friday to quickly take up a case challenging the constitutionality of a ballot measure that could alter the way Illinois draws its political maps. Just 2 days after a Cook County judge ruled the redistricting question was unconstitutional for November’s ballot, the state’s high court granted an emergency motion for direct appeal and set a briefing schedule, bypassing the appellate court. A group called the Independent Map Amendment cited an Aug. 26 State Board of Elections deadline to get on the ballot in their request to the court. They’ve proposed an 11-member commission be in charge of drawing the state’s legislative boundaries, instead of party leaders. It’s the second time since 2014 supporters of redistricting reform have tried to get the high stakes issue before voters.

Illinois: Judge knocks redistricting off Illinois ballot in loss for Rauner | Chicago Tribune

A Cook County judge on Wednesday tossed from the fall ballot a constitutional amendment to take away the General Assembly’s power to draw legislative district boundaries, dealing a loss to Republican Gov. Bruce Rauner and a win to Democratic House Speaker Michael Madigan. The ruling marked the second time in three years that the Independent Maps group suffered a major legal setback in attempting to ask voters whether the state should remove much of the politics from redistricting. The stumbling block was the same as last time, with a judge finding the proposal did not fit a narrow legal window for a petition-driven initiative to change the Illinois Constitution. Independent Maps chairman Dennis FitzSimons vowed to appeal the case to the Illinois Supreme Court, in hopes the question could still appear on the Nov. 8 ballot. Both FitzSimons’ coalition and the People’s Map group that filed the lawsuit anticipated that’s where the case would end up anyway.

Virginia: Senators in contempt over secret emails get day before Supreme Court of Virginia | Daily Press

A case that could recalibrate what documents state legislators can keep secret was heard Tuesday in the Supreme Court of Virginia. Vesilind v. Virginia State Board of Elections is primarily a redistricting case, brought to challenge 11 General Assembly districts under the state constitution. But a side issue has gotten four state senators, and two former senators, held in contempt of court by a Richmond Circuit Court judge. That was the issue before the Supreme Court Tuesday: whether the Virginia Constitution allows state legislators to withhold emails and other documents, even when they’re subpoenaed in a lawsuit.

Maryland: Congressional map’s foes receive skeptical hearing | Baltimore Sun

Conservative activists received a frosty reception from a three-judge panel in Baltimore Tuesday as they sought to scrap Maryland’s bitterly disputed congressional district map. The federal judges peppered a lawyer for the challengers with skeptical questions as they considered a motion by the State Board of Elections to dismiss the lawsuit. The panel did not rule on the motion but expressed doubts about the plaintiffs’ constitutional assertions and their legal standing to bring the suit in the first place. The plaintiffs — led by a trio of prominent Republicans — sued last year in the latest of several efforts to throw out the congressional map and force the General Assembly to draw a new one. They are represented by lawyers from the conservative legal group Judicial Watch.

Ohio: Group eyes signature drive if congressional redistricting fizzles | The Columbus Dispatch

Supporters of congressional redistricting reform are getting antsy and may start getting serious about a citizen-led ballot issue if lawmakers don’t act by the end of the year. As it celebrated the 272nd birthday of Elbridge Gerry, the former Massachusetts governor and signer of the Declaration of Independence whose district drawing led to the term “gerrymandering,” the Fair Districts = Fair Elections coalition on Thursday again urged state lawmakers to act. Lawmakers placed legislative redistricting on the 2015 ballot and it passed overwhelmingly, but GOP leaders have shown no enthusiasm to bring more bipartisanship and rules to how congressional seats are drawn.

North Carolina: Legislative leaders not defendants in Wake County election suit | News & Observer

State legislative leaders may regret fighting against being part of the federal lawsuit that led to their new election maps for Wake County Board of Commissioners and school board being declared unconstitutional. In an article posted online Tuesday in the Carolina Journal, Rep. Paul Stam laments how Senate Leader Phil Berger and House Speaker Tim Moore had been dropped as defendants so their attorneys weren’t in court to defend the maps. But an attorney for the plaintiffs points to how lawmakers didn’t want to be part of the litigation in the first place. Stam tells the Carolina Journal that no one went to bat for the lawmakers who redrew the districts when the case went before the U.S. Fourth Circuit Court of Appeals this year. Stam, an Apex Republican and attorney, notes how the office of state Attorney General Roy Cooper would have been defending the districts if Berger and Moore were still defendants. “In contrast to Europe, which is inquisitorial, the American and English legal systems are called adversarial,” Stam said. “You count on the fact that each side will be represented, so the truth will come out.”

Maryland: Congressional districts violate First Amendment, lawsuit says | The Washington Post

Maryland’s infamously contorted congressional district map was challenged in federal court on Tuesday by an American University law student who says the boundaries violate the First Amendment rights of Republican voters. The suit was thrown out by a federal judge in 2014, a decision upheld by the U.S. Court of Appeals for the 4th Circuit. But the Supreme Court ruled in December that plaintiff Stephen Shapiro was improperly denied a hearing before a three-judge panel. He got his day in court in Baltimore on Tuesday, along with plaintiffs in two other lawsuits challenging Maryland’s 2011 redistricting. Shapiro questions the legality of gerrymandered boundaries approved by Democratic state lawmakers to ensure that seven of Maryland’s eight congressional seats would be under their party’s control.

Florida: Leon: A county divided by redistricting | Tallahassee Democrat

Leon County is divided. Neighbors in at least seven distinct Tallahassee neighborhoods are split between two Congressional Districts with the lines running straight down the middle of a road, separating neighbors, partitioning some into a Jacksonville-based district and sending others to one anchored by Panama City. It’s part of the fallout from the Fair Districts amendment and a game that politicos have played since before the founding of the republic. The Leon County Supervisor of Elections Office has sent letters and new voter identification cards to more than 115,000 registered voters informing them that they are now part of Congressional District 5, which runs from Gadsden County to Jacksonville — 89,000 voters remain in CD 2. Since March 15, the Leon County Supervisor of Elections Office had to come up with 615 different ballot designs for the Aug 30 primary and move 7,000 voters to different polling locations from the ones they used in the March presidential primary.

Indiana: Leaders eye legislative redistricting reforms | NWI Times

A state commission is continuing its work toward a November decision on whether to recommend changes in Indiana’s process for drawing congressional and legislative district boundaries. On Thursday, the 12-member Special Study Committee on Redistricting heard testimony from Michael Li, a New York University expert who analyzes redistricting across the country, and Ed Cook, a nonpartisan Iowa official who oversees that state’s redistricting system. They both emphasized the need for Hoosiers to decide what they want to prioritize in redistricting since it’s not possible to have a “perfect map” with fully competitive districts that never break up communities of interest, are equal in population, contiguous and compact.

Colorado: State Supreme Court spikes ballot initiative on legislative, congressional boundaries | The Denver Post

A ballot initiative that would have created a bipartisan commission to draw congressional and legislative districts won’t be on the November ballot, after the Colorado Supreme Court voided it in a ruling released Tuesday. By restructuring the way state and congressional boundaries are drawn, Initiative 132 asked too much of voters and violates the “single subject” rule required of ballot initiatives, the court determined. “Further, Initiative 132 removes the power to draw congressional districts from the General Assembly and reallocates that constitutional power to the new Redistricting Commission,” the ruling states. “This constitutes an additional third subject.”

Illinois: Judge to issue ruling on Rauner-backed redistricting referendum by July 21 | Chicago Tribune

A Cook County judge said Thursday she will rule by July 21 on whether a petition-driven proposed constitutional amendment aimed at taking much of the politics out of the redrawing of legislative districts will appear on the fall ballot. Regardless of Judge Diane Larsen’s decision, attorneys on both sides of the case ultimately expect it to end up before the Illinois Supreme Court. The Independent Map proposal, which has gained enough signatures to qualify for a spot on the Nov. 8 ballot, would create a multistep process in which an 11-member board, including representatives of the four legislative leaders, would be charged with drawing new boundaries for Illinois’ 118 House and 59 Senate seats after the once-a-decade federal census.

North Carolina: Bill would force attorney general to defend redistricting, other local acts | Greensboro News & Record

A bill fast-tracked through the N.C. House on Thursday would require the state Attorney General’s Office to defend local acts passed by the General Assembly that are challenged in court. The move comes in the wake of the state’s redistricting of the Greensboro City Council and Wake County Board of Education, which are both being challenged in court. In both cases Attorney General Roy Cooper, the Democratic challenger to Gov. Pat McCrory this November, chose not to defend redistricting laws passed by the legislature’s Republican majority. In the Greensboro council lawsuit, the Guilford County Board of Elections was left to defend the law and initially took no position on its constitutionality.

North Carolina: U.S. Supreme Court to review North Carolina redistricting | The Charlotte Observer

The U.S. Supreme Court will review an appeal by North Carolina to maintain the remapping of its districts this fall – a plan previously described as a “blatant, unapologetic, partisan, gerrymander” that could disfranchise the state’s minority population. The court added the appeal to its calendar Monday. Its decision to address the redistricting plan comes just five months after a three-judge panel rejected a legal challenge filed by attorneys for David Harris of Durham and Christine Bowser of Mecklenburg County. Attorneys argue that remapping of state’s 1st and 12th congressional districts limits the state’s minority representation. Those districts are held by Democrat Reps. G.K. Butterfield and Alma Adams, the state’s only two African-American congressional representatives.

North Carolina: Supreme Court to rule on use of race in redistricting | Associated Press

The U.S. Supreme Court agreed Monday to decide whether Republican lawmakers relied too heavily on race when they redrew North Carolina’s congressional districts to give the GOP a powerful advantage in the swing state. The justices will hear the case in the fall — almost certainly too late to affect November’s elections. But in the years ahead, it could impact partisan efforts to create electoral districts aimed at swaying the balance of power in Congress and in state legislatures. The Supreme Court could consider it together with a similar appeal from Virginia, where challengers say Republicans packed black voters into a dozen statehouse districts, strengthening GOP control of neighboring territories.

Wisconsin: Redistricting Lawsuit Could Reverberate Nationally | The American Prospect

After a century as a trailblazer for progressive democracy reforms, Wisconsin has become what one local union leader ruefully calls “a kind of laboratory for oligarchs to implement their political and economic agenda.” This assessment, delivered by David Poklinkoski, president of International Brotherhood of Electrical Workers Local 2304, captures Wisconsin Democrats’ dim view of the brazenly partisan redistricting plan masterminded by GOP Governor Scott Walker. But the redistricting plan, so central in empowering Walker and his legislative allies to roll back social reforms in Wisconsin, is now the target of a federal lawsuit. First heard by federal judges in May, the suit is now before an appeals court that is expected to rule this summer. That ruling could reverberate in other states around the country with heavily GOP-tilted electoral maps. While a few Democratic-controlled state governments have district maps that favor their party, the 2010 Republican electoral sweep set off a nationally-coordinated and harshly partisan round of redistricting in states where both the governor and legislative majorities were Republican. Now, Republican-imposed plans in a number of other states—including Michigan, Ohio, Pennsylvania, Virginia, North Carolina, Florida, and Texas—stand to be affected by Wisconsin’s redistricting ruling, which will be handed down by the U.S. Seventh Court of Appeals.

Editorials: Drawing the Line | Elizabeth Kolbert/The New Yorker

Sometime around October 20, 1788, Patrick Henry rode from his seventeen-hundred-acre farm in Prince Edward, Virginia, to a session of the General Assembly in Richmond. Henry is now famous for having declared, on the eve of the Revolution, “Give me liberty, or give me death!”—a phrase it’s doubtful that he ever uttered—but in the late seventeen-eighties he was best known as a leader of the Anti-Federalists. He and his faction had tried to sink the Constitution, only to be outmaneuvered by the likes of Alexander Hamilton and James Madison. When Henry arrived in the state capital, his adversaries assumed he would seek revenge. They just weren’t sure how. “He appears to be involved in gloomy mystery,” one of them reported. The Constitution had left it to state lawmakers to determine how elections should be held, and in Virginia the Anti-Federalists controlled the legislature. Knowing that his enemy Madison was planning a run for the House of Representatives, Henry set to work. First, he and his confederates resolved that Virginia’s congressmen would be elected from districts. (Several other states had chosen to elect their representatives on a statewide basis, a practice that persisted until Congress intervened, in 1842.) Next, they stipulated that each representative from Virginia would have to run from the district where he resided. Finally, they stuck in the shiv. They drew the Fifth District, around Madison’s home in the town of Orange, to include as many Anti-Federalists as possible.

Illinois: Redistricting reform heads to court as Madigan forces try to block it from ballot | Chicago Tribune

Now that the Illinois State Board of Elections says a proposed constitutional amendment to change the way legislative districts are drawn has gained enough signatures to be eligible for the fall ballot, the fate of the proposal is with the courts. Oral arguments in a challenge to the Independent Map Amendment proposal, aimed at removing some of the politics from the redrawing of House and Senate districts, are scheduled for 2 p.m. June 30 before Cook County Circuit Court Judge Diane Larsen. In preparing for the case, the Independent Map group filed a response to the legal challenge from the People’s Map opposition, whose lead attorney is Democratic House Speaker Michael Madigan’s top legal ally, Mike Kasper.

National: Momentum builds to reduce politics in redistricting | Associated Press

They have nicknames like “the dead lizard,” ”the praying mantis” and “the upside-down elephant.” The odd-shaped legislative districts that dot many states are no coincidence. The jagged lines often have been carefully drawn by state lawmakers to benefit particular incumbents or political parties. The tactic, known as gerrymandering, is nearly as old as the country itself. It’s also a maneuver that can result in an underrepresentation of minorities in some legislatures. Across the U.S., minorities now comprise nearly two-fifths of the population, yet hold less than one-fifth of all legislative seats, according to an Associated Press analysis of data from the U.S. Census Bureau, Congress and the National Conference of State Legislatures. Federal guidelines require that legislative districts are similar in population and not drawn to deny minorities a chance to elect the candidate of their choice. But racial gerrymandering can occur in a couple of ways: when minority communities are divided among multiple districts, thus diluting their voting strength; or when minorities are heavily packed into a single district, thus diminishing their likelihood of winning multiple seats.

National: Can redistricting reform close the minority gap in capitols? | Salon

They have nicknames like “the dead lizard,” ”the praying mantis” and “the upside-down elephant.” The odd-shaped legislative districts that dot many states are no coincidence. The jagged lines often have been carefully drawn by state lawmakers to benefit particular incumbents or political parties. The tactic, known as gerrymandering, is nearly as old as the country itself. It’s also a maneuver that can result in an underrepresentation of minorities in some legislatures. Across the U.S, minorities now comprise nearly two-fifths of the population, yet hold less than one-fifth of all legislative seats, according to an Associated Press analysis of data from the U.S. Census Bureau, Congress and the National Conference of State Legislatures. Federal guidelines require that legislative districts are similar in population and not drawn to deny minorities a chance to elect the candidate of their choice. But racial gerrymandering can occur in a couple of ways: when minority communities are divided among multiple districts, thus diluting their voting strength; or when minorities are heavily packed into a single district, thus diminishing their likelihood of winning multiple seats.

Editorials: A big step toward citizen reform of government in Illinois | Chicago Sun-Times

How about some good news about citizens taking control of their own government? The citizen-led Independent Map Amendment initiative easily cleared hefty signature requirement hurdles, was deemed valid and won tentative approval Monday to appear on the Nov. 8 ballot, pending the outcome of a lawsuit filed to try to thwart it. In a first for an Illinois redistricting attempt after two previous attempts in 2010 and 2014, commissioners on the Illinois State Board of Elections declared the signatures valid, giving a tentative green light to the ballot question that would ask voters if they want an 11-member independent commission to design state legislative districts rather than letting ruling politicians draw them. “This is a huge hurdle that we’ve cleared and it’s one that no redistricting amendment has so far cleared in Illinois, so we’re very excited,” said Dave Mellet, campaign manager of the Independent Map Amendment. When this was tried in 2014, “they realized this is a pretty massive undertaking and there’s a lot you need to learn about duplicate signatures,” he added, “so to get to 290,000 valid signatures is a huge step.”

Utah: How a Utah county silenced Native American voters — and how Navajos are fighting back | High Country News

To understand why Wilfred Jones wanted an ambulance, you have to understand where he lives. San Juan County, in southeastern Utah, is nearly as big as New Jersey but is home to fewer than 15,000 people. The lower third is part of the Navajo Nation and is almost entirely Ute and Navajo. The upper two-thirds are white and predominantly Mormon. Jones, a 61-year-old grandfather with jet-black hair and a diamond stud in each ear, lives in the lower third, five miles south of the blink-and-you-miss-it town of Montezuma Creek. It’s rough, rocky country, where bullet holes riddle the road signs and lonely pumpjacks ply oil from the earth. The nearest services are in Blanding, some 40 miles north. Sixteen years ago, when Jones joined the board of the Utah Navajo Health System, he realized his neighbors were dying because the closest ambulances — the county’s, in Blanding, and the tribe’s, in Kayenta, Arizona — were an hour away “on a good day.” So Jones asked the county commission if one of San Juan’s ambulances could be housed in a garage in Montezuma Creek. From there, it would take half the time to rush an elder suffering a heart attack to medical care.

Editorials: GOP upends NC’s voting process | Raleigh News & Observer

North Carolina’s capital is a place where Republicans battle with Democrats, but since Republicans took full control of the General Assembly, the Supreme Court and the governor’s office, that conflict has changed. Instead of Republicans against Democrats, it’s Republicans colliding with democracy. Republican candidates and lawmakers used the district maps and election laws drawn and written by Democrats in the majority to ascend to power, but they’ve thrown out both to keep it. Political gamesmanship is to be expected, especially when a party takes full control of the state after more than a century. But what Republican lawmakers have done – and Gov. Pat McCory has abetted – goes well beyond settling scores or tilting the electoral landscape in their favor. Instead, they’ve made a hash of the state’s electoral process. They’ve gerrymandered the state’s districts to a new extreme, passed laws to suppress the vote and turned what were once nonpartisan state Supreme Court elections into expensive, highly charged partisan fights.