Fair District Amendments Starting to Make an Impact

Jun 21, 2014 by

Every 10 years after a census is taken to determine population shifts, political lines are redrawn nationally to reapportion congressional seats based on population. Growing states, like Florida, may pick up a congressional seat or two at a cost to other states. Such was the case in 2012.

In Florida, the Legislature draws the lines for its own districts as well as those for the growing congressional delegation. While we would like to believe these lines would be drawn fairly and without regard to protecting incumbents, rewarding favorites and growing representation by the majority party, there’s reason to question the outcomes of previous efforts under both parties.

Attempts to move redistricting responsibility from the hands of legislators to independent or bipartisan committees, as in seven other states, haven’t gained traction.

Frustrated by what they viewed as an incestuous arrangement that led to politically drawn districts, citizens and voting rights groups including the League of Women Voters led the effort to place a pair of constitutional amendments on the ballot for voters to consider.

These “Fair District” amendments were intended to force the Legislature to draw lines without regard to incumbency protection, gerrymandering and other political considerations.

So what’s happened since they passed in 2010?

The House districts drawn by the Florida House were reviewed by the courts and found to comply substantially with the new constitutional requirements. The Senate districts drawn by the Florida Senate were sent back by the court with several areas of deficiency to be addressed.

Keep in mind, the courts are still getting used to their new role.

The real action occurred in the challenge to the congressional districts. Florida picked up two congressional seats. Just who would be the beneficiary of this gain? Which geographic region of the state? Would it be Republican-rich Southwest Florida or Democratic-rich South Florida?

Should the new seats be where the growth occurred or should the lines be creatively drawn to protect incumbents?

One district that has been highlighted belongs to an incumbent Democratic congresswoman whose district stretches from Jacksonville to Orlando. While the district benefits her reelection, the Democratic Party as a whole believes it harms its chances to be competitive in other seats. Florida’s voter registration numbers bolster its case.

The simple math paints a picture of artful congressional line drawing. Republicans control 17 out of the 27 congressional seats despite the fact that Democrats have 4.6 million registered voters compared to 4.1 million registered Republicans.

Drawing districts along natural boundaries and city or county lines in a compact and contiguous fashion until you reach the desired population of 696,000 would seem to be an easy task. But, of course, that would leave a lot up to chance, a prospect the majority party and political operatives are not inclined to allow.

To be fair, whichever party was in power has attempted to use the same type of analysis of voting patterns and history to draw lines that would favor their ability to maintain or increase their majority.

To complicate matters, those in office in the minority party are more interested in self-preservation and are often willing to cut deals if their seat is protected even if the overall maps are carved up in bewildering and illogical shapes and sizes.

This was common practice and while questionable was unlikely to be overturned in a court of law. But the rules are different now. With the Fair District amendments firmly planted in our state Constitution, the League of Women Voters challenged the congressional redistricting maps in court.

The trial exposed the underbelly of the political process in ways that are extremely unflattering.

Among the courtroom revelations:

–Emails related to redistricting were deleted by the Florida House.
–Lawmakers participated in secret meetings.
–Lawmakers’ offices shared internal data and drafted maps with political consultants before publicly releasing them.
–Some of the districts appear to have been created by a Republican operative and submitted using a phony email account.
–One political scientist testified that it would be “virtually impossible” for legislators to draw the warped districts they did without intentional political bias.
–Another expert called Florida’s districts the most biased he had ever seen.

Regardless of how the court rules and whether or not the congressional lines will be redrawn, the Fair District amendments have started to change the way redistricting is done. It has also exposed the great lengths some will go to circumvent them.

The political operatives have had free rein and now they are either shut out or forced underground, depending on whose version of the trial testimony you believe.

How dare those pesky voters interfere with their political turf!

Sixty-three percent of the voters felt strongly enough to change their constitution to demand fair districts. Are they paying attention now?

Paula Dockery is a syndicated columnist who served in the Florida Legislature for 16 years as a Republican from Lakeland. She can be reached at PBDockery@gmail.com.

All columns are (c) Paula Dockery | No reprint rights to whole columns are ever granted without express permission. | To syndicate Paula Dockery's columns please write to PBDockery@gmail.com