Arizona: Supreme Court to weigh Arizona redistricting challenge | Reuters

The U.S. Supreme Court on Thursday agreed to hear a challenge by Arizona’s legislature to a voter-approved plan that stripped state lawmakers of their role in drawing congressional districts in an bid to remove partisan politics from the process. The state’s Republican-controlled legislature is objecting to a 2000 ballot initiative endorsed by the state’s voters that set up an independent commission to work out the U.S. House of Representatives districts in Arizona. The legislature contends that the amendment to the state constitution violated a provision of the U.S. Constitution that requires state legislatures to set congressional district boundaries.

Voting Blogs: Gerrymandered or Court Ordered: The Second Re-Drawing Is the Charm for Florida’s Fifth | State of Elections

After the first round of judicial wrangling over two allegedly gerrymandered congressional districts, a Florida judge ordered on July 10th 2014 that the Florida fifth and tenth districts be sent back to the drawing board. The dispute arose from the Florida House of Representative’s mandated redrawing of the state’s congressional districts under amendments to Florida’s constitution passed during the 2010 election cycle. The amendments were intended to ensure that legislative districts were drawn cohesively and without favoring any political party. The Republican controlled state legislature interpreted “cohesive” as a mandate to pack African American voters into one district. The first redrawing of Florida’s fifth district, seemingly drafted in the likeness of a Burmese Python, slithered from the northern tip of Orange County along the college town of Gainesville all the way to the Jacksonville city limits. African American Congresswoman, Corrine Brown (D), holds the congressional seat and the district contained a plurality of African American voters prior to redistricting.

New York: Board Won’t Fight Order to Alter Election Ballot | New York Law Journal

The state Board of Elections will not appeal last week’s ruling to change the description of a referendum question on the Nov. 4 statewide ballot proposing a new redistricting commission, a board spokesman said Monday. The board is altering the ballots to reflect the decision by Albany Supreme Court Justice Patrick McGrath that the word “independent” must be deleted from the ballot itself, as well as a description and abstract of the proposition, because it inaccurately describes the nature of the commission.

Editorials: Republicans should want more African Americans to vote. It’s the only way they can keep winning in the south | George Chidi/The Guardian

If I were a vote-scrounging Republican politician and I wanted to hustle up some black people’s votes, I would think it generally sound policy not to tell them that they’re too stupid to deserve a vote. State senator Fran Millar, a Republican from the affluent, majority-white Dunwoody section of majority-black DeKalb County here in Georgia, apparently doesn’t feel the same way. In a public Facebook post, he took exception to a plan by county CEO Lee May to open up an extra early-voting site in a South DeKalb mall “dominated by African American shoppers and … near several large African American mega churches”. “I would prefer more educated voters than a greater increase in the number of voters,” he added in a comment to his post. “If you don’t believe this is an efort [sic] to maximize Democratic votes pure and simple, then you are not a realist. This is a partisan stunt and I hope it can be stopped.” Well, yes. It is a partisan move. It shouldn’t be. The race of voters shouldn’t be a partisan predictor in an ideal world. But here in Georgia, the contests for governor and a US Senate seat are too close to call – and may turn on whether the Democrats can win as much as 30% of the white vote. Seven out of 10 white voters, minimum, are Republicans, and 90% of black voters are Democrats. Here, all politics are racial politics – and the contests are only close because the number of black and Latino voters in the state has grown so quickly.

Florida: Far From Over, Florida’s Redistricting Wrangles Now Focus on State Senate Boundaries | Flagler Live

While much of the state’s political establishment has focused on the congressional redistricting lawsuit and its possible effects on future elections, a related fight over the map for the state Senate is continuing. That case could eventually lead to new districts for the 40-member upper chamber, which, like the state House, is currently dominated by Republicans. Any final ruling against that plan would require a third draft of the Senate districts after the Florida Supreme Court tossed the original lawmaker-approved plan two years ago. For now, both sides are still working to discover evidence for an eventual courtroom clash on the Senate map. Meanwhile, a coalition of voting-rights organizations that includes the League of Women Voters of Florida is continuing the legal fight over the state’s congressional map, which was redrawn after Leon County Circuit Court Judge Terry Lewis ruled it unconstitutional in July.

Editorials: Blaming Gerrymandering Has Its Limits, as Pennsylvania Shows | Nate Cohn/New York Times

There is no question that Republicans have a huge advantage in the House. But there is a big debate about whether it’s because of partisan gerrymandering or because Democrats are gerrymandering themselves into urban, heavily Democratic districts. One reason the debate continues, despite a near consensus among political scientists, is because the “wasted votes” phenomenon is abstract and hard to illustrate. In a Sunday Review article in The Times, I argued that the Democratic problem was mainly because of the distribution of their voters, not because of partisan gerrymandering, but I didn’t have a chance to include one of my favorite illustrations of the Democratic problem: Pennsylvania. Pennsylvania is a state where Mr. Obama won by a clear margin but lost a majority of the state’s congressional districts. The state was heavily gerrymandered by Republicans, which lets them squeeze out a few extra districts. But the Republicans probably would have still had an advantage on a neutral map.

Alabama: Court to weigh use of race in drawing political lines | USA Today

Democrat Quinton Ross has represented a pretty safe district in the Alabama state Senate since 2002, when 72% of its voting-age population was black. In his last two elections, he ran unopposed. When it came time to redraw the state’s political lines in 2012, however, Republicans who had won control of the state Legislature made it even safer for Ross, an African American. To replace voters who had moved away, they added 14,806 blacks and 36 whites to District 26, resulting in a 75% black majority. The Legislature’s artistry had the intended effect throughout the state, racially and politically. It solidified the ability of black voters to elect their favored candidates, as mandated by the Voting Rights Act of 1965. And it made adjacent suburban and rural districts even more white – and more friendly to Republicans. “The district was already at a point where you had quite a few blacks,” Ross says. “Sometimes, you can just go overboard.”

Florida: Is Redistricting Case Headed to State’s High Court? | New Service of Florida

A coalition of voting-rights organizations and individual voters wants the Florida Supreme Court take up the legal battle over the state’s congressional districts. In a notice of appeal filed Friday with the 1st District Court of Appeal, the groups—which include the League of Women Voters of Florida—also said they were giving up on having the lines changed in time for this year’s congressional elections. That had emerged as a major flashpoint in the battle between the Republican-led Legislature and the voting groups about whether congressional districts violated the anti-gerrymandering Fair Districts constitutional amendments approved by voters in 2010. In July, Leon County Circuit Judge Terry Lewis found that a congressional map approved by lawmakers in 2012 violated the constitutional requirements. That led lawmakers to hold a special legislative session and redraw portions of the map. Lewis upheld the new map, despite arguments from the voting groups that it continued to violate the constitution.

Florida: Voting rights groups want Florida Supreme Court to hear redistricting case | jacksonville.com

A coalition of voting-rights organizations and individual voters wants the Florida Supreme Court to take up the legal battle over the state’s congressional districts. In a notice of appeal filed Friday with the 1st District Court of Appeal, the groups, which include the League of Women Voters of Florida, also said they were giving up on having the lines changed in time for this year’s congressional elections. That had emerged as a major flashpoint in the battle between the Republican-led Legislature and the voting groups about whether congressional districts violated the anti-gerrymandering Fair Districts constitutional amendments approved by voters in 2010. In July, Leon County Circuit Judge Terry Lewis found that a congressional map approved by lawmakers in 2012 violated the constitutional requirements. That led lawmakers to hold a special legislative session and redraw portions of the map. Lewis upheld the new map, despite arguments from the voting groups that it continued to violate the constitution.

National: Forget 2016: Democrats already have a plan for 2020 | MSNBC

As President Obama’s second term winds down and Hillary Clinton’s likely presidential campaign winds up, it feels like the 2016 election is drawing even more attention than the upcoming midterm races. But there’s another election increasingly on the minds of Democratic lawmakers, party operatives, big money donors, and progressive activists: 2020. That’s the year voters will elect state lawmakers who will redraw congressional and state legislative districts all over the country. Last week, the Democratic Legislative Campaign Committee announced it would commit at least $70 million to Advantage 2020, a program aimed at targeting legislative chambers in key states over the next four election cycles with the specific aim of influencing redistricting. The plan calls on Democrats to invest resources not just in state chambers the party has a shot at winning this November, but in legislatures where they might have a chance at slowly eroding a GOP majority over time thanks to demographic trends.

Florida: Judge Deals a Blow to Democrats on Districting | New York Times

In a blow to Florida Democrats, a state judge on Friday approved a slightly modified congressional map drawn by the Republican-dominated Legislature and decided that the 2014 election could proceed under the old map, which he had ruled unconstitutional. Two days after a sharply partisan hearing on the new map, Terry P. Lewis, a state judge in Leon County, concluded that the rejiggered boundaries for seven districts, while not perfect, “sufficiently” addressed his constitutional concerns. A coalition of Democratic-leaning voter rights groups had asked Judge Lewis to reject the map because it did little to change the existing boundaries. They asked him to consider their alternative, which took an entirely different approach. But Judge Lewis disagreed. He ruled that the Legislature is not required “to produce a map that the plaintiffs, or I, or anyone else might prefer.” He continued: “The Legislature is only required to produce a map that meets the requirements of the constitution. My ‘duty’ is not to select the best plan, but rather to decide whether the one adopted by the Legislature is valid.”

Florida: Redistricting Map Favoring GOP Allowed One Time | Bloomberg

A Florida judge allowed the use of voting districts favoring Republicans in November while approving revised congressional boundaries for subsequent elections. Circuit Court Judge Terry Lewis in Tallahassee ruled earlier that the election map was improperly drawn and ordered the state legislature to revise the districts to address “gerrymandering” in two of them. While voting-rights groups argued that a new map should go into effect in 2014, Lewis said in his ruling yesterday that holding special elections this year for the districts “is not an appropriate remedy under the circumstances.” The new map would instead be in place for 2016 elections.

Florida: Original districts stand for 2014 election, new map to take effect in 2016 | Miami Herald

Florida’s flawed congressional districts may remain in place for two more years and newly drawn boundaries for seven north and central districts don’t have to take effect until 2016, a Tallahassee circuit court judge ruled late Friday. Judge Terry Lewis upheld the revisions to the state’s congressional map approved by the Florida Legislature during a three-day special session earlier this month. But he said the original map, which he ruled unconstitutional a month ago, could stand for the 2014 election. “An election in 2015 is not a viable option,” Lewis wrote in his four-page order. “The 2014 elections will have to be held under the map as enacted in 2012.” That will come as a relief to U.S. Rep. Corrine Brown, D-Jacksonville, and U.S. Rep. Dan Webster, R-Winter Garden, whose congressional districts were the target of the court’s criticism. Brown and Webster feared being elected to a new term in November only to have to face a special election possibly next year under the newly configured boundaries.

Florida: In Redistricting Battle, Both Parties Claim to Offer Better Protections for Black Voters | Governing

The racial tensions that coursed for years beneath the surface in Florida’s redistricting battle came into sharp focus Wednesday as lawyers for each side blasted each other for attempting to use black voters for partisan gain. The conflict emerged at a hearing Wednesday called by Leon County Circuit Court Judge Terry Lewis to decide whether the Florida Legislature’s redrawn congressional map meets the constitutional standards imposed by voters in 2010. Lewis said he will decide “as quickly as I can” whether to accept the new map drawn by legislators last week in a three-day special session. Legislators had until Aug. 15 to revise two congressional districts he ruled invalid — one held by Democrat U.S. Rep. Corrine Brown, and the other held by Republican U.S. Rep. Dan Webster.

Editorials: Florida’s New Redistricting Plan: Round Two | Linda Killian/Wall Street Journal

Florida Circuit Court Judge Terry Lewis heard arguments Wednesday about whether to throw out the Florida Legislature’s redrawn congressional map, which critics say unfairly advantages Republicans, hurts minority voters and is unconstitutional. Under order by Judge Lewis, the legislature met in special session in early August and issued a revised congressional map on Aug. 11. But a coalition led by Common Cause and the Florida League of Women Voters says the new redistricting plan contains only minimal changes and still violates the state constitution. The nonprofit coalition charges that both the original and revised redistricting plans were drawn up by Republicans behind closed doors with no public input.

Florida: Lawyers Spar in Florida Over Newest Voting Map | New York Times

In the latest legal face-off over Florida’s invalid congressional map, lawyers wrangled in court on Wednesday over the State Legislature’s newest version. With the state’s primary days away, the judge weighed whether to approve the revised boundaries for seven districts. Lawyers for the coalition of voters’ rights groups that sued the Republican-dominated Legislature over the original boundaries argued that the new map was scarcely different from the old one. They said the judge should reject the new map because it still gave the Republican Party an advantage. “They never tried; they never considered any other alternative because the intent we established at the last trial is alive and well in the Florida Legislature,” David King, the coalition’s lawyer, said in court. He said the Republicans who drew the map tried “to do the least they could possibly do.” If Judge Terry P. Lewis approves the Legislature’s revised map, he must then decide whether to delay the coming elections for those seven districts, possibly until next year, a move that Democrats oppose. Florida’s primary is scheduled for Tuesday.

Editorials: We need a fairer system for choosing House members | Katrina van den Heuvel/The Washington Post

In the original conception of our Constitution, the House of Representatives was to be the branch of government that best reflected the will of the people. House members cannot serve without being elected — vacancies are not filled by appointees — and they must face the voters every two years. Notably, the House holds pride of place as the first branch of government to be described in the Constitution. The framers move directly from “We the People” to the House, underlining the notion that, for our Constitution (and our government) to function, representatives must be accountable to the people. Unfortunately, as we near the 2014 midterm elections, the reality of House races today clashes with that goal. Let’s start with the connection between votes and seats. In 2012, we faced a major choice between the major parties and a mandate on President Obama’s first term. In the presidential race, Obama defeated Mitt Romney in the national popular vote by almost three percentage points, and Republicans suffered the worst performance in Senate elections by any major party in a half-century.

New York: Group challenges New York redistricting plan | Associated Press

A government watchdog group is challenging the wording of a New York ballot question on redistricting, saying it is deceptive and should be replaced with more neutral language. A lawsuit announced Tuesday by Common Cause-New York seeks to reword the referendum, which critics say is misleading and could confuse voters into thinking they’re voting for an independent redistricting commission. The question on the November ballot asks voters to authorize a new commission to handle redistricting beginning in 2022. That’s the next time the state’s political districts will be redrawn to account for population changes.

Florida: Judge urged to redraw redistricting maps | Tampa Tribune

A coalition of plaintiffs has asked a Tallahassee judge to redraw the state’s congressional maps and implement them for the 2014 midterm election. That request came from the plaintiffs, led by the League of Women Voters of Florida, who successfully challenged the state’s congressional maps in court. Leon Circuit Judge Terry Lewis ruled in July that two of the state’s 27 congressional districts were drawn to favor Republicans, which isn’t allowed under the fair district anti-gerrymandering provisions in the state constitution. As a result of the Tallahassee-area judge’s ruling, lawmakers held a five-day special session to redraw the congressional lines. Those redrawn maps are opposed by the plaintiffs, who formalized their concern in a 35-page objection filed Monday with the judge.

Washington: Justice Department file brief against Yakima in ACLU voting district case | Tri-City Herald

The U.S. Justice Department says part of Yakima’s defense against an ACLU voting rights lawsuit “lacks merit,” according to a brief filed in federal court Friday. The brief was filed in response to a motion from the city of Yakima asking the judge to dismiss the case without a trial through summary judgment. Yakima’s attorneys argue an ACLU expert witness’ examples of how City Council elections could be redistricted exclude criteria required by the federal Voting Rights Act, making them unconstitutional. But the Justice Department disagrees in a 13-page brief that says little else about the case, which has been in litigation since August 2012. The ACLU came up with seven redistricting proposals, including at least one Latino majority district in each example. Five of the proposed district maps were based on general population and two were based on citizen voting age population.

Alabama: Black groups tell Supreme Court Alabama districts biased | Montgomery Advertiser

The Alabama Legislature will be further racially polarized by new district boundaries that pack more black voters into certain districts than the law requires, state black political groups told the Supreme Court last week. The justices agreed in June to hear the complaint from Alabama that the Republican majority went too far in using race to redistrict itself in 2012. The result, according to black Democratic legislators, is unusually high black majorities in districts surrounded by districts that are even more white. “The Constitution does not permit states to stumble into such excessively segregated election districts, whether through good faith or bad,” wrote lawyers for the Alabama Democratic Conference, one of the groups involved in the case.

Florida: Congressional map redistricting battle not over | News Service of Florida

The special redistricting session held by the Legislature lasted just five days, but the two-year battle over the boundaries of the state’s 27 congressional districts seems to be far from over. Voting-rights groups who sued to get the original map overturned say the new plan, approved Monday on nearly party-line votes in the House and Senate, isn’t enough of an improvement for Leon County Circuit Judge Terry Lewis to sign off on it. And there’s still no clarity on whether an election that is already underway in some counties will be delayed. Deirdre Macnab, president of the League of Women Voters of Florida, said Tuesday that the map passed by the Legislature this week “looks suspiciously like” the blueprint that Lewis tossed in July.

Editorials: Floridians tried to stop gerrymandering, and Republicans gerrymandered anyways. We’re about to see who wins. | Aaron Blake/The Washington Post

In 2010, Florida’s voters passed two constitutional amendments aimed at reducing partisan gerrymandering. Amendments 5 and 6 held that districts must not be drawn to “favor or disfavor” a party or incumbent or dilute the influence of minority voters. Democrats and advocates for redistricting reform hailed the passage of the measures, arguing that they could kneecap the GOP’s ability to continue its domination of a congressional map in what is otherwise a swing state. We’re about to find out whether there’s any truth to that. Republicans held 19 of the state’s 25 districts following the 2010 election. With the amendments in effect and the state’s map expanded to 27 districts in 2012, Democrats added four seats, for a total of 10 of the state’s 27 districts. But that had as much or more to do with the GOP losing a few swing seats than with the new redistricting rules. Indeed, the rules weren’t really legally tested until this year, when a judge last month ruled that two of them needed to be redrawn because they were drawn for partisan purposes. The GOP-controlled state legislature approved a new new map this week, with very minimal changes.

Editorials: Troubling Texas voting changes face court scrutiny | Carl Leubsdorf/Dallas Morning News

It’s August, and most of the federal government is on vacation. Members of Congress are on their annual August state or district “work period,” President Barack Obama is at Martha’s Vineyard, and the Supreme Court is off until early October. But not all of the federal machinery is idle, especially in Texas. In San Antonio, a three-judge federal court is hearing the latest arguments in a case challenging state legislative and congressional redistricting plans favorable to the GOP. Another court, in Corpus Christi, plans to hear a case Sept. 2 that questions the constitutionality of Texas’ voter identification law. The latter case exemplifies the Republican effort in states with GOP governors and legislatures to limit turnout among Democratic-leaning minority groups. The verdict could significantly affect the political futures of Texas and other states where the Justice Department filed or joined similar suits. Both Texas cases stem from the 2013 Supreme Court decision ruling unconstitutional the 1965 Voting Rights Act section that gives the department power to review in advance voting changes in states like Texas with a history of racial bias.

Editorials: Texas is wasting time and money in defending the GOP’s political advantage | Houston Chronicle

Texans know about lines, including the sword-drawn line Col. William Barrett Travis allegedly scraped through soon-to-be-bloody Alamo sand to distinguish the brave from the not-so-brave. These days a three-judge federal panel meeting a few blocks from the Texas shrine is examining in tedious detail a set of lines that won’t be erased by an early-morning breeze. They’re drawn, not in sand, but on computers. Since these lines will determine for years to come how Texans choose their elected representatives, the state’s politically invested are fighting almost as ferociously as the two armies that clashed at the Alamo. Unfortunately, the fight will last a good deal longer than the 13 days it took the Alamo to fall.

Florida: Arguing Florida Failed Again, Dems Want Court-Drawn Map | Governing

Florida legislators completed their fix of a congressional redistricting map Monday, sending the plan to Gov. Rick Scott for approval as they scramble to meet Friday’s deadline set by a state court. In an attempt to address the concerns by Circuit Court Judge Terry Lewis, who said the map violated a constitutional ban on partisan gerrymandering, the legislature ended a three-day special session by moving 368,000 voters in North and Central Florida into new districts as it changed the boundaries of seven congressional seats. The House and Senate voted for the map along party lines, as a handful of Jacksonville Democrats voted with Republicans in solidarity with U.S. Rep. Corrine Brown, a Jacksonville Democrat whose winding district was invalidated because it packed Democrats voters into the district so that Republicans in surrounding districts would face less competition. The new map makes the biggest changes to the districts now held by Brown, John Mica, R-Orlando, and Dan Webster, R-Winter Garden. Lewis ordered the Legislature to fix Districts 5 and 10, held by Brown and Webster, by Friday, saying they were in violation of the state’s Fair Districts rules. No South Florida districts were modified.

Texas: No Attorney Fees for Challengers in Texas Voter ID Case | Legal Times

Texas won’t have to pay more than $300,000 in attorney fees to a group that challenged the state’s voter identification law in court, a federal judge in Washington ruled on Monday. The ruling came several weeks after the same judge, U.S. District Judge Rosemary Collyer, ordered Texas to pay $1 million in fees to groups that challenged the state’s redistricting plans. The two cases raised similar issues, Collyer said in Monday’s decision, but different facts led to the different outcome. Texas sought approval of its voter ID law from the U.S. Department of Justice, a process known as “preclearance.” Under a section of the federal Voting Rights Act, Texas was one of a number of jurisdictions required to get permission from a federal court or the Justice Department before making changes to election procedures.

Florida: Legislators end quick session with new map but challenge is likely | Tampa Bay Times

Florida legislators completed their hasty fix of a congressional redistricting map Monday, sending the plan on to Gov. Rick Scott for approval as they scramble to meet Friday’s deadline set by a state court. In an attempt to address the concerns by Circuit Court Judge Terry Lewis – who said the map violated a constitutional ban on partisan gerrymandering – the legislature moved 368,000 voters in North and Central Florida into new districts as it changed the boundaries of seven congressional seats. The House and Senate voted for the map along party lines, as a handful of Jacksonville Democrats voted with Republicans in solidarity with U.S. Rep. Corrine Brown, a Jacksonville Democrat whose winding district was invalidated because it packed Democrats voters into the district so that Republicans in surrounding districts would face less competition.

Texas: Redistricting opponents head back to court to debate Texas map | Lubbock Avalanche-Journal

It is rare for a court to work on Saturdays or even late at night. But that is what the federal tribunal refereeing the three-year Texas redistricting fight did in mid-July. The San Antonio-based court worked six consecutive days and in one of those sessions it heard testimony from witnesses until 9 p.m., according to people who stayed until closing time. “We’re going to be here a while,” state Rep. Garnet Coleman, D-Houston, one of more than 50 witnesses, said before testifying late that afternoon. “This court means business.” The same three-judge panel was back on Monday. After hearing the arguments on the constitutionality of the Texas House map the Republican-dominated Legislature approved in the 2011 session, the court will now focus on the legality of the congressional map the lawmakers approved during the same session.

Voting Blogs: As Redistricting Suit Continues, What is the State’s Endgame? | Texas Election Law Blog

A surfeit of lawyers are at this moment proceeding with the second of three week-long hearings in the Federal District Court, Western District of Texas, San Antonio Division. The issue is whether the State of Texas intentionally discriminated against protected classes of minority voters in the course of redistricting U.S. Congressional districts in 2011. The facts of the case as previously established are particularly unflattering to the Republican Party leadership in the Texas Legislature, and back in 2012 another Federal court already ruled that the Congressional redistricting was discriminatory, and carefully pointed out the evidence that this discrimination was intentional. Given all this, one might be inclined to ask, “what, exactly, is the State trying to accomplish in its defense of this lawsuit?” As I’ve said before, I am a terrible prognosticator of political outcomes, in part because my dogged naivety gets in the way of my cynicism. With the litigation history of the 2011 redistricting largely running against the State, I would presume that at both the trial and appellate levels, the courts would be likely to find that continued close Federal monitoring of Texas election procedures is required under Section 3(b) of the Voting Rights Act.