The perils of redistricting

I noticed on the news the other day that my home state of Ohio had its proposed Congressional redistricting map tossed out by a 4-3 Ohio Supreme Court ruling, with the Republican chief justice joining the three Democrat justices in claiming the map was, “a plan that is infused with undue partisan bias and that is incomprehensibly more extremely biased than the 2011 plan that it replaced.”

I’m going to be the first to admit that the Ohio Republicans in 2010, after being infused with the energy of the TEA Party, made it their mission to wipe out Democrat representation. One memorable piece of gerrymandering was shoestringing the Toledo-based Ninth Congressional District (my former home district) along the south shore of Lake Erie to the edge of Cleveland in order to place two Democrat representatives, Marcy Kaptur and Dennis Kucinich, in the same district. When both sought the seat in 2012, Kaptur prevailed and all but ended Kucinich’s political career.

So the Republicans have to go back to the drawing board, and in an interesting twist of state law, maps that pass without bipartisan support may only be left in place for four years. And the Ohio ruling gave yet more ammunition to Democrats to claim we need a national standard – enter my old uber-regressive friend Rick Weiland, who e-mailed me to say:

Republicans are only months away from rigging a decade of elections.

(snip)

In 2016, the Democratic governor of North Carolina won re-election with 51% of the vote, the same year Donald Trump won the presidency with slightly less than 51%. Yet, even though Democrats are winning approximately 50% of the votes statewide, they’re still ending up in a permanent minority in the state legislature.

Thanks to all of our hard work, Georgia has become a quintessential battleground state. But thanks to Republican gerrymandering, Republicans are expected to win 9 or 10 of Georgia’s 14 congressional seats. In Gwinnett County, Georgia, which has seen its demographics shift from 90% white in 1990 to 30% white today, this is not at all recognized by the maps drawn by the Republican-controlled legislature.

And, in Ohio, where Republicans win about 53% of the vote, the GOP is favored to win 80% of congressional seats.

“Freedom to Vote Act would ban partisan gerrymandering,” e-mail from Rick Weiland, January 11, 2022.

You can throw out that last sentence for the moment. But let’s talk about how people vote, and I’m going to take a look at Maryland for the moment because, unlike Delaware, they actually have Congressional districts.

In the last three Congressional elections, this is the share of the aggregate Congressional vote each party has received in the state of Maryland.

  • 2020: Democrats 64.7%, Republicans 34.8%, others 0.4%
  • 2018: Democrats 65.3%, Republicans 32.3%, others 2.4%
  • 2016: Democrats 60.4%, Republicans 35.5%, others 4.0%

In that time period, Democrats have held consistent around 55% of registered voters, while the GOP slipped slightly but stayed around 25%. Given that ratio one can assume unaffiliated voters split roughly 50-50, although in 2016 it looks like they tilted somewhat toward the GOP and slightly favored Democrats in 2018. (Another factor: there were fewer third party aspirants on the 2020 ballot, as the Libertarians and Greens didn’t field candidates. That may have had something to do with ballot access issues for the minor parties in Maryland, which has a stricter criteria for access than Delaware does.)

To make a long story short, in a given election between two candidates statewide in Maryland the split should run 65-35 in favor of the Democrats – in fact, 2020 was a perfect example of this. However, when you split the state into districts you’ll find that there are pockets of heavier Republican registration, and in 2010 the Democrats (who control redistricting) chose to pack as many Republican stalwarts as possible into the First District by switching portions of GOP-dominated Carroll County into the First and burying the rest in a tide of MoCo Democrats by placing it in the Eighth. This was done in order to swamp the formerly-Republican Sixth District in a separate crush of MoCo Democrats by eliminating its Frederick and Carroll county portions and instead thrusting it further into MoCo. (And as I’ll note momentarily, it worked.)

In the 2010 district map, centrist Anne Arundel County was mercilessly jigsawed into four different districts, while the more populous Democrat enclaves of Baltimore City and Montgomery County were sliced into three and Prince George’s into a hacksawed two based on the party’s need for dominance, maintaining through the decade a 7-1 advantage gained when the Sixth District flipped from Republican to Democrat thanks to the additional leftist MoCo voters. Once the map was approved, all but one of the changes in Maryland’s Congressional delegation during the decade came from retirement or death, as the only incumbent to lose at the ballot box was Sixth District Republican Roscoe Bartlett in 2012 – the chosen victim of Democrat redistricting. The same occurred in 2002 after that round of Democrat-controlled redistricting, when the Second District seat previously held by Bob Ehrlich (who won his run for governor) and Eighth District seat held by Connie Morella (who lost a re-election bid) flipped, changing Maryland from a 4-4 state to a 6-2 Democrat state. Aside from the Democrats gaining the First District for a term with Frank Kratovil in 2008 before he lost to Andy Harris, that’s the way it stayed.

This time around it’s the aforementioned Republican Andy Harris who is the target of Democrats, as they opted to not pack Republicans into the First and instead brought it back close to the configuration that gave the First District Kratovil in 2008 as part of Anne Arundel was once again placed in the First. (Additionally, Harris no longer lives in the district, which is now completely outside his home in Baltimore County.) Anne Arundel gets a slight break this time, though, as they are only in three districts, as is Baltimore City. MoCo now has the distinction of being cut in jagged fourths by the map.

By comparison, the map presented by Governor Larry Hogan’s redistricting committee (made up of equal portions Republicans, Democrats, and independents) came up with a Congressional map that respected county boundaries as much as possible. No county was chopped into more than three districts: in Baltimore County, only the extreme southern tip was placed in the city-centric Seventh District while the rest went into a Second District exclusive to the county and the First District. Meanwhile, Montgomery County had its own district in the Eighth, with a little piece of the western end of the county staying in the Sixth District (as has been traditional) and the rest – a slice along its eastern border – joining the northern half of Prince George’s County in the Fourth District. But since that would likely be a 6-2 Democrat split, it wasn’t good enough for the rabidly partisan General Assembly – never mind that a truly representative state of Maryland would probably shake out as a 5-3 Democrat majority based on their voting pattern.

(As you’ll see in its 160-plus pages, this Hogan redistricting committee proposal also covered state legislative districts, with the key change the elimination of multiple-member Delegate districts. The Democrats hated that, too.)

In circling back to Weiland’s plea – which echoes that of the most rabid Congressional Democrats – one has to wonder where the energy for leading by example went to. What happened to criticism of states like Maryland, Illinois, or California, where Republicans are gerrymandered out of any semblance of power? This is particularly true when Marylanders were presented with an alternative that was more fair.

The problem with pretty much any district map done geographically is that keeping things compact and contiguous means that you get urban areas that vote 90% Democrat (and have enough population for a district of their own) surrounded by suburban and rural areas that swing 70-30 or more the other way. To take a state like Ohio, you could easily get a 10-5 Republican split by just keeping the large three-C (Cincinnati, Columbus, Cleveland) urban counties in their own districts, plus maybe one that combines the Akron/Canton/Youngstown area and one based in Toledo. Just divide the rest of the state 10 ways, and it could pass muster geographically. Move north into Michigan: give the city of Detroit its own district and split up the suburbs into thirds or fourths – those are your D districts in Michigan. Given the size of the other cities in the state, there’s not enough urban area for a Democrat-dominated district.

(Turns out they were pretty close, giving Detroit two districts and the suburbs three, including combining the downriver Detroit suburbs and Ann Arbor area for a third strong D district. But the state is being sued by the “Detroit Caucus” because the city lost a seat from the hack job previously in place.)

Perhaps the best example of this approach is in Nebraska, where one district is basically the city of Omaha and close-in suburbs, another is the Omaha exurbs and the college town of Lincoln, and the third is everything else. In theory, all three representatives could now live within about 25 miles of Omaha – but one would have a heckuva district to cover. (The change from before is that the “rest of the state” district now comes close to Omaha – prior to this year the Lincoln district completely surrounded the Omaha one.)

What I do know is that the solution doesn’t lie in Congress. When the hypocrisy of ignoring the beam in your eye to focus on the speck in your brother’s eye (as described in Matthew 7:3) is so rampant there, they aren’t the answer. If the regressives had their way, districts would pinwheel out of urban areas in just such a manner that centrist and Republican voters would be shut out by their urban counterparts – who would also be in charge of counting the votes, and since urban areas always seem to report last, they would know just the margin of “mail-in votes” they need to create.

This is why Congress should not be in charge of their own elections – it’s bad enough what we sometimes have to put up with at the state level.

Odds and ends number 84

After resurrecting one long-dormant series over the weekend, today we make it two. It hasn’t quite been a year since I did an ‘odds and ends” and there’s not a year’s worth of stuff, but the creative juices are flowing anyway.

Let’s begin with some good news from our national pastime. If you recall, back in July the Shorebirds made headlines for playing the longest game in their 21-season history, spreading out the drama against the Lexington Legends over two days thanks to a storm that broke over the stadium after 20 innings were in the books. It took just one inning the next evening to settle Delmarva’s 7-6 defeat, but the contest was the Fans’ Choice for a MiLBY Award. It had (ironically enough) 21% of the vote among 10 contenders. (Alas, the actual MiLBY went to some other game.)

The other sad part about that story, besides the folks at the Minor League Baseball site misidentifying us as Frederick: it turned out that one inning of baseball would be all that was played that evening as another heavy storm blew through just at scheduled game time. (I remember it well because I was at work.)

The Shorebirds were also a MiLBY bridesmaid in the blooper department with their September “goose delay.

And while Astros-Dodgers didn’t have the same cachet as the Cubs finally breaking the Curse of the Billy Goat last season, the 28 million viewers of Game 7 completed a World Series where it again kicked the NFL’s ass (as it should, since football season doesn’t start until the World Series is over anyway.) And with the erosion of the NFL’s appeal thanks to the anthem protests and – frankly – rather boring games where fundamentals are ignored, the window of NFL dominance may be closing.

Speaking of things that are dominant, a few weeks back I detailed the effort to bring the sanity of right-to-work to Sussex County, Delaware. An update from the Daily Signal detailed some of Big Labor’s reaction when it came up again. And again I respond – having the choice to join the union is better than not having the job at all.

Delaware was also the subject of one of a series of pieces that ran over the summer and fall from my friends at Energy Tomorrow. They cleverly chose a theme for each of the 50 states and the First State’s July piece was on “the beach life in Delaware.” Now what I found most interesting was just how little energy they produce compared to how much they consume, given they have no coal mines and little prospect of fracking or offshore drilling. And I was surprised how little tourism contributes to their state economy given the beach traffic in the summer.

Maryland’s, which came out last month, is quite different, as it has a companion piece about prosthetics. It obviously made sense with Johns Hopkins in the state, but what struck me was the quote included from Governor Larry Hogan. He’s the guy who betrayed the energy industry by needlessly banning fracking in the state. Unfortunately, Larry seems to suffer from the perception that energy companies are solely interested in profit when the industry knows they have to be good neighbors and environmentally responsible, too.

That’s quite all right: he doesn’t need those 22,729 votes in Allegany and Garrett counties when he can have a million liberals around the state say, “oh, Hogan banned fracking” and vote for Ben Jealous or Rushern Baker anyway.

Regularly I receive updates from the good folks at the Maryland Public Policy Institute, which tends to look at state politics in a conservative manner. But I can’t say this particular case is totally conservative or for limited government:

If Maryland lawmakers want to get serious about combating climate change and reducing pollution, they can simply tax the emission of carbon and other pollutants, thereby encouraging lower emissions and greater efficiency. No one likes a new tax, but it is a much cheaper and more effective way to cut pollution and fight climate change than a byzantine policy like the renewables mandate. Besides, revenue from a carbon tax could be used to reduce other taxes and fund other environmental initiatives. Problem is, though a carbon tax would be good for the environment and human health, it wouldn’t funnel money to politicians’ friends in corporate boardrooms and on Wall Street.

Maryland’s renewables standard isn’t about the environment and human health; it’s about money.

The last two sentences are the absolute truth, but the remainder of the excerpt is a case of “be careful what you wish for.” If the state indeed enacted a carbon tax, businesses and residents would waste no time fleeing the state for greener (pun intended) pastures. You can bet your bottom dollar that a carbon tax would be enacted on top of, not in place of, all the other taxes and fees we have.

Now it’s time for a pop quiz. Can you guess who said this?

Soon, our states will be redrawing their Congressional and state legislative district lines. It’s called redistricting, and it will take place in 2021, after the next Census takes place. That may seem far off, but the time to get started on this issue is now.

This is our best chance to eliminate the partisan gerrymandering that has blocked progress on so many of the issues we all care about. Simply put, redistricting has the potential to be a major turning point for our democracy. But we need to be prepared.

Maybe if I give you the next line you’ll have the answer.

That’s where the National Democratic Redistricting Committee comes in. Led by Eric Holder, my former Attorney General, they’re the strategic hub for Democratic activity leading up to redistricting. In partnership with groups like OFA, the NDRC is building the infrastructure Democrats need to ensure a fair outcome.

Our former President is now involved in this fight for a “fair” outcome – “fair” being defined as gerrymandered like Maryland is, I suppose.

To be honest, we won’t ever have truly fair districts until the concept of “majority-minority” districts is eliminated and districts are drawn by a computer program that strictly pays attention to population and boundaries such as county, city, or township lines or even major highways. With the GIS mapping we have now it’s possible to peg population exactly by address.

And if you figure that most people with common interests tend to gather together anyway – particularly in an economic sense – simply paying attention to geography and creating “compact and contiguous” districts should ensure fair representation. To me it’s just as wrong to have an Ohio Ninth Congressional District (where I used to live) that runs like a shoestring along the southern shore of Lake Erie and was created so as to put incumbent Democratic Congressmen Dennis Kucinich and Marcy Kaptur in the same district – Kaptur won that primary – as it is to have a Maryland Third Congressional District that looks like a pterodactyl. When I was growing up, the Ninth basically covered the city of Toledo and its suburbs where we then lived but as the city lost population they had to take territory from the Fifth District that surrounded it at the time. After the 1980 census they decided to follow us and take the eastern half of Fulton County, west of Toledo – much to my chagrin, since my first election was the one Kaptur beat a one-term Republican. (She’s been there that long.) Since then, the Ninth has been pulled dramatically eastward along the lakeshore to the outskirts of Cleveland, connected at one point by a bridge.

Finally, I guess I can go to what one might call the “light-hearted stack of stuff.” Again from MPPI, when it came to the Washington Metro and how to pay for it, this was a tax proposal I could really get behind. I’m just shocked that it would make $200 million a year.

On that scary note we’ll see how long it takes before I get to the next rendition of odds and ends.

Joe the Congressman?

Having lived in the Congressional district in question for a long time, I think this is quite funny.

First of all, the Republicans who are running Ohio’s redistricting process played quite the nasty trick by lumping two longtime liberals in Congress into the same Congressional district – Ohio’s Ninth District, which used to be primarily a Toledo-based district represented by Marcy Kaptur since 1983, now snakes along the Lake Erie shoreline toward Cleveland and has since the 2000 redistricting. But the newest Republican lines have now expanded the district far enough eastward to take in the residence of one Dennis Kucinich.

Continue reading “Joe the Congressman?”