Gerrymandering Foes Push Reform
Fair Maps groups embrace nonpartisan redistricting in Assembly, Senate bills.
Now that the U.S. Supreme Court has decided federal courts can’t stop partisan gerrymandering, Wisconsin advocates for a nonpartisan approach to drawing legislative districts are stepping up their campaign for legislation to change the system.
Companion Senate and Assembly bills introduced in June would hand the task of drawing district maps over to the nonpartisan Legislative Reference Bureau, partnered with a new advisory commission. Advocates for the bills will hold a news conference at 10:30 a.m. Tuesday in the capitol.
The legislation is now the only pathway to reforming the system after the high court’s 5-4 ruling June 27 that blocked lawsuits over legislative maps in Maryland and North Carolina, according to Jay Heck, executive director of Common Cause Wisconsin, an election reform organization.
“Our reform efforts always assumed that the courts, particularly the United States Supreme Court, were not going to be very helpful,” Heck said.
The Supreme Court ruling, written by Chief Justice John Roberts, declared that “partisan gerrymandering claims present political questions beyond the reach of the federal courts” and put an end to a legal battle over legislative redistricting after the 2010 elections that had included Wisconsin.
The results of partisan gerrymandering
The state legislature redraws legislative maps every 10 years following the decennial census. In 2011, with the Republican Party holding both the governor’s office and majorities in both houses of the state legislature for the first time in decades, Republican lawmakers met behind closed doors with lawyers from the Milwaukee firm Michael Best & Friedrich to draw new maps.
In the 2012 election, while 51 percent of the Assembly votes cast in the state were for Democratic candidates, Democrats won just 39 of 99 Assembly seats. In the 2018 election, according to calculations by the magazine Mother Jones, 53 percent of the votes cast were for Democrats, who won just 36 percent of the seats.
In 2016, a three-judge panel of the 7th Circuit federal appeals court in Chicago ruled in a lawsuit brought by Democratic voters that because of extreme partisan gerrymandering, the Wisconsin maps were unconstitutional. The U.S. Supreme Court later blocked that decision on the grounds that the plaintiffs hadn’t established standing but didn’t rule on the substance of the argument.
But with its latest decision — arising from challenges to maps drawn by a Republican legislative majority in North Carolina and a Democratic majority in Maryland — the high court asserted directly that federal courts cannot address allegations of partisan gerrymandering.
The result leaves reform advocates essentially where they were when they took up the issue in 2012.
“We felt, and we have felt for years, that we needed to put a different system in place,” Heck said. “We never dropped that reform plan.”
Following Iowa’s lead
The Wisconsin bills that they back borrow from an approach Iowa has used since 1980, when it was adopted by a Republican-controlled legislature and a Republican governor. Under that system, a nonpartisan commission draws the district maps, which the legislature then votes up or down.
Wisconsin’s constitution vests the authority over the maps in the legislature, and the reform bills don’t change that, Heck said, because they still give lawmakers the final say in an up-or-down vote. But by putting the map-drawing in the hands of a nonpartisan panel, the bills are intended to remove political calculations from the process.
The question now is what sort of airing the reform bills will get in the current legislature.
Gov. Tony Evers included a fair-maps provision in his 2019-20 proposed budget, but the Republican-controlled Joint Finance Committee stripped the language from the bill. Heck said that was expected; the purpose of inserting the language was to force a public hearing on the subject. At the April hearing, “dozens of people testified in favor of it,” Heck said, and no one testified in opposition.
Heck acknowledged it would be an uphill battle to pass a reform bill through the current legislature. Three Republicans have signed on as cosponsors in the Assembly, but if lawmakers otherwise vote along party lines, it would still fall short of passing. The Senate version so far has no Republican cosponsors.
The long game
Reform advocates, however, are playing a longer game. They expect to see the issue come up in at least some legislative campaigns next year.
In the meantime, they’re pursuing other pressure points. County Boards in 47 of the state’s 72 counties have passed resolutions calling for an end to partisan map-drawing. Those counties cover 32 of the state’s 33 Senate districts and 91 of the 99 Assembly districts.
In a poll earlier this year by the Marquette University Law School, 72 percent of respondents, including 62 percent of Republicans, supported nonpartisan redistricting.
Former state Sen. Dale Schultz, a Republican, said he’s seen a significant shift in public awareness of the issue since he began traveling around the state with former state Sen. Tim Cullen, a Democrat, to talk about redistricting reform several years ago.
When they started, a lot of voters didn’t understand the issue, Schultz recalled. “That’s no longer the case,” he continued. “People are tuned in. You can’t say that people don’t care anymore because it’s clear that they do, and people clearly understand that while the Constitution says politicians have to vote on the plan, it doesn’t mean they have to draw it. It is a very popular issue now, and it’s only going to get more popular.”
Reprinted with permission of Wisconsin Examiner.
More about the Gerrymandering of Legislative Districts
- City Hall: City Voters Will Get Gerrymandering Referendum - Jeramey Jannene - Oct 16th, 2019
- Majority of Wisconsin Wants Non-Partisan Redistricting - Ruth Conniff - Oct 2nd, 2019
- Legislation on redistricting ballot issue moves forward - Ald. Cavalier “Chevy” Johnson - Sep 17th, 2019
- Data Wonk: Gerrymandering Is Built on Lies - Bruce Thompson - Sep 12th, 2019
- Data Wonk: The Future of Wisconsin Gerrymandering - Bruce Thompson - Aug 14th, 2019
- Republicans Deny New Gerrymander Plan - Ruth Conniff - Jul 30th, 2019
- GOP Could Bypass Evers, Gerrymander Again - Ruth Conniff - Jul 29th, 2019
- Op Ed: The Game is Rigged in Wisconsin - Spencer Black - Jul 21st, 2019
- Gerrymandering Foes Push Reform - Erik Gunn - Jul 17th, 2019
- Rep. Robyn Vining Continues Fight for Fair Maps - State Rep. Robyn Vining - Jul 16th, 2019
- Statement on Nonpartisan Redistricting Reform Bill - State Rep. Lisa Subeck - Jul 16th, 2019
- Gerrymandering Bill is Bipartisan - Laurel White - Jul 12th, 2019
- Op Ed: Redistricting Now Up to Citizen Action - Jay Heck - Jul 2nd, 2019
- Rep. Robyn Vining Says Fight for Fair Maps Is Not Over - State Rep. Robyn Vining - Jun 28th, 2019
- U.S. Supreme Court Allows Gerrymandering - Laurel White - Jun 28th, 2019
- Statement on U.S. Supreme Court decision on Partisan Gerrymandering - Fair Elections Project - Jun 27th, 2019
- Waupaca County Opposes Gerrymandering - Matt Rothschild - Apr 29th, 2019
- 45 Counties Want to Ban Gerrymandering - Wisconsin Democracy Campaign - Apr 19th, 2019
- Data Wonk: Walker Seeks to Gerrymander America - Bruce Thompson - Apr 3rd, 2019
- Murphy’s Law: The Arrogance of Robin Vos - Bruce Murphy - Mar 21st, 2019
- Data Wonk: The Gerrymander Wars March On - Bruce Thompson - Mar 20th, 2019
- The State of Politics: How Evers Would End Gerrymandering - Steven Walters - Mar 18th, 2019
- Evers’ Budget Will Include Nonpartisan Redistricting Process - Shawn Johnson - Feb 27th, 2019
- Representative Subeck Applauds Governor Evers’ Plan to Ensure Fair Election Maps - State Rep. Lisa Subeck - Feb 26th, 2019
- Rep. Hesselbein Supports Governor Evers’ Fair Maps Plan - State Rep. Dianne Hesselbein - Feb 26th, 2019
- Rep. Spreitzer Supports Gov. Evers’s Redistricting Reform - State Rep. Mark Spreitzer - Feb 26th, 2019
- Statement on Governor Evers’ announcement he will include nonpartisan redistricting reform in his proposed budget - Wisconsin Fair Elections Project - Feb 26th, 2019
- Rep. Robyn Vining Embraces Gov. Evers’ Inclusion of Redistricting in Budget - State Rep. Robyn Vining - Feb 26th, 2019
- Op Ed: Why We Oppose Gerrymandering - Andrea Kaminski - Feb 20th, 2019
- Murphy’s Law: Republicans Oppose Gerrymandering - Bruce Murphy - Jan 29th, 2019
- Op Ed: Gerrymandering Costs Taxpayers Millions - James Rowen - Jan 23rd, 2019
- Data Wonk: Gerrymander is Alive and Well - Bruce Thompson - Dec 12th, 2018
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- Murphy’s Law: The Fight Against Gerrymandering - Bruce Murphy - Oct 30th, 2018
- Democrats Refile Redistricting Suit - Shawn Johnson - Sep 16th, 2018
- Amended Whitford Complaint Highlights Harm Caused by Wisconsin’s Partisan Gerrymander to 40 Plaintiffs Across 34 Districts - Campaign Legal Center - Sep 14th, 2018
- The State of Wasted Votes - Malia Jones - Jul 2nd, 2018
- Data Wonk: Can Democrats Still Contest Gerrymander? - Bruce Thompson - Jun 27th, 2018
- The State of Politics: Democrats Rejected Redistricting Reform - Steven Walters - Jun 25th, 2018
- Supreme Court Punts on Gerrymandering - Shawn Johnson - Jun 18th, 2018
- Republican State Leadership Committee: The Efficiency Gap is “Sociological Gobbledygook” - Republican State Leadership Committee - Jun 18th, 2018
- Response to Gill v Whitford decision to remand back to trial court - Fair Elections Project - Jun 18th, 2018
- The Art Of Gerrymandering Milwaukee - Malia Jones - Jun 9th, 2018
- The Push for Nonpartisan Redistricting - Cathleen Draper - Jun 5th, 2018
- U.S. Supreme Court Nears Decision on Wisconsin Redistricting Case - Cathleen Draper - Jun 2nd, 2018
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- The State of Politics: Will U.S. Supremes Rule on State Districts? - Steven Walters - Feb 19th, 2018
- Back in the News: Majority Now Backs Fair Redistricting - Bruce Murphy - Feb 5th, 2018
- Data Wonk: John Roberts’ Nightmare - Bruce Thompson - Oct 11th, 2017
- The State of Politics: You Be The Judge on Redistricting - Steven Walters - Oct 2nd, 2017
- Op Ed: U.S. Supreme Court Should End Partisan Gerrymandering - Andrea Kaminski - Sep 26th, 2017
- Data Wonk: Judges Consider a Democratic Gerrymander - Bruce Thompson - Aug 30th, 2017
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- Data Wonk: Right Wing Seeks to End Democracy? - Bruce Thompson - Aug 23rd, 2017
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- Data Wonk: Why GOP Backs Gerrymander - Bruce Thompson - May 24th, 2017
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- Rep. Peter Barca Statement on Attorney General Appeal of Redistricting Decision - State Rep. Peter Barca - Feb 24th, 2017
- Fair Elections Project calls upon Legislature to focus on fair map drawing process - Wisconsin Fair Elections Project - Feb 24th, 2017
- Campaign Cash: GOP’s Redistricting Lawyers Are Big Donors - Matt Rothschild - Feb 6th, 2017
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- Rep. Peter Barca Statement on Assembly Organization Committee Secret Ballot - State Rep. Peter Barca - Feb 2nd, 2017
- Court Watch: Court’s Redistricting Order A Problem? - Bruce Thompson - Feb 1st, 2017
- Rep. Hesselbein Calls for Open, Transparent, and Public Process for Drawing New Legislative Lines - State Rep. Dianne Hesselbein - Jan 27th, 2017
- Wisconsin Federal Court Permanently Blocks State Redistricting Plan - Wisconsin Fair Elections Project - Jan 27th, 2017
- Data Wonk: 2016 Election Results Prove Gerrymandering - Bruce Thompson - Dec 28th, 2016
- Plaintiffs call for new maps for Wisconsin legislative district - Wisconsin Fair Elections Project - Dec 21st, 2016
- Data Wonk: Measuring Wisconsin’s Gerrymandering - Bruce Thompson - Dec 7th, 2016
- Sen. Taylor statement on federal court ruling against Republican gerrymandering - State Sen. Lena Taylor - Nov 21st, 2016
- Statement on Redistricting Ruling - State Sen. Chris Larson - Nov 21st, 2016
- Federal Court overturns unconstitutional gerrymandering of Wisconsin legislative districts - Wisconsin Fair Elections Project - Nov 21st, 2016
- Rep. Barca Statement on Redistricting Decision - State Rep. Peter Barca - Nov 21st, 2016
- HISTORIC DECISION: Wisconsin Federal Court Strikes Down Partisan Gerrymander and Adopts Groundbreaking Legal Standard - Campaign Legal Center - Nov 21st, 2016
- Murphy’s Law: The Myth of Democratic Gerrymandering - Bruce Murphy - Jan 26th, 2016
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- Can Auto Redistricting End Gerrymandering? - Laura Thompson - Dec 10th, 2015
- Assembly candidate Brostoff calls for non-partisan redistricting - State Rep. Jonathan Brostoff - Apr 17th, 2014
- Redistricting reform the antidote to Republican extremism - Press Release - Nov 13th, 2013
- Lazich, August, Fitzgerald and Vos Still Silent on Redistricting Reform Public Hearings As Support & Pressure Builds - Common Cause in Wisconsin - Sep 17th, 2013
- Freshmen legislators push new legislation to correct flawed partisan redistricting process - Press Release - Apr 11th, 2013