MADISON, Wis. – The U.S. Supreme Court on Monday decided to review a case ruled on last November that said the 2011 Republican re-drawing of State Assembly boundaries was an unconstitutional gerrymander, because of excessive partisanship.
Republicans maintain their methods were within the bounds of the Constitution.
There have been cases heard in the past regarding the method in which political boundaries are drawn, but Jay Heck, executive director of Common Cause in Wisconsin says this time it's different.
"In the past it's been thrown out because it's been in violation of voting rights or civil rights laws, but gerrymandering has always been considered somewhat of a partisan exercise,” he explains. “But in this case the U.S. Supreme Court may decide that this was too excessive."
Wisconsin Democrats argue that the 2011 Republican maps were drawn with the express purpose of disenfranchising Democratic voters.
Republicans disagree, and Republican legislative leaders have already hired two high profile law firms to represent them before the Supreme Court.
In May, the Supreme Court struck down two North Carolina congressional districts that the court said were drawn based too heavily on race.
Twelve Republican-dominated states have already lined up to support Wisconsin's Republicans in defending the 2011 maps. But Heck says both parties gerrymander to gain advantage, and the Wisconsin decision will have national implications.
"Democrats did the same thing in states like Rhode Island and Maryland, so this is not a Republican-Democratic issue,” he points out. “Of course, our neighbors to the south, Illinois, the Democrats have been doing this for years to the Republicans, so this could actually change the standard nationwide."
After the 2011 redistricting in Wisconsin, Republican candidates won 60 of the 99 seats in the State Assembly. However, Democratic candidates won a majority of the votes cast statewide for Assembly.
Heck says the U.S. Supreme Court could rule that this kind of partisan map drawing is constitutional.
"We tend to think that they're probably not going to do that, that they're probably going to opt for saying that excessive partisanship in drawing state legislative boundaries is unconstitutional, thereby upholding the Federal court decision last November," he states.
The Supreme Court will take up the Wisconsin case this fall.
get more stories like this via email
This week, a bipartisan group in Arizona officially launched its campaign to do away with the state's current system of primary elections - which are only open to people in the two major political parties.
The goal is to get a measure on the 2024 ballot to make the state's future primary elections open to all candidates and all voters, regardless of their party affiliation. But first, it needs more than 389,000 signatures by July of next year.
Chuck Coughlin - treasurer for Make Elections Fair AZ - called this week's kickoff "an emotional launching point," for what he describes as their effort to "create fair elections in Arizona."
"Our election process has been hijacked by two extreme parties," said Coughlin. "The two parties have become much more extreme over time in their views of how elections are run, because it attracts money and influence. A majority of people have chosen to disassociate themselves from those two parties."
He said Independent and unaffiliated voters now comprise the largest registered voter bloc in Arizona, at 35% of the electorate.
Coughlin said changing the system would, in his words, "reinvigorate competition, so ideas and change can fuel American democracy again."
Former Phoenix Mayor Paul Johnson is now on the Make Elections Fair AZ executive committee.
He said the current, partisan primary system can be "easily manipulated," and lead to a disproportionate advantage for groups with extreme viewpoints.
Johnson also said he sees the current system as discriminatory toward Independent and unaffiliated candidates.
"It actually discriminates directly against voters," said Johnson. "It requires them to file a special card to be able to vote in one of the two primaries, which Democratic and Republican voters don't have to do. And then, in presidential primaries, they are outright excluded - even though their taxpayers' dollars are utilized to be able to subsidize it."
Johnson is referring to the card people can fill out stating "no party preference" that allows them to vote in an Arizona primary.
Supporters of closed primaries say they're an important part of keeping political parties healthy and relevant.
Disclosure: Make Elections Fair AZ contributes to our fund for reporting on Civic Engagement. If you would like to help support news in the public interest,
click here.
get more stories like this via email
Recent polling from The New York Times and Siena College found President Biden trailing former President Donald Trump in five of the six most crucial battleground states, one of which is Arizona.
In the Grand Canyon state Trump leads Biden by five-percentage points.
Elaine Kamarck, director of the Center for Effective Public Management at the Brookings Institute, said the question is - if polls are showing Biden slipping, compounded with his unfavorable approval rating, does that mean voters won't vote for him and other Democrats in the upcoming election?
She said it isn't a simple answer.
"Maybe there is just no relationship between the president's popularity and down ballot voting," said Kamarck. "That voters vote on very different things and maybe because we have a 'president-centric' kind of culture, maybe we just get that wrong all the time."
While The New York Times/Siena College poll comprised just over 3,600 registered voters among all six states, Kamarck said other state-based polls - which struck fear in many Democrats - are composed only of about six hundred participants, which she says likely aren't grasping the entirety of voter's preferences and true attitudes.
Kamarck said looking at the special elections in 2021, the midterms in 2022, and the most recent set of elections this year, President Biden's unpopularity does not have much to do with democratic votes.
She contended that Democrats "over performed expectations," in all three years and increased their margins.
She argued that abortion is a huge motivator for democratic voters. Arizona is among one of several states looking at a possible proposed abortion rights measure on next year's ballot, which could boost Democrat's chances.
"Where the right to choose is front and center on the agenda, abortion is an incredibly powerful motivator," said Kamarck. "I think in my lifetime in politics which has been pretty long, it is probably the biggest push I've ever seen, really."
Arizona for Abortion Access is supported by a coalition of reproductive rights advocates who are currently working on getting the close to 400,000 signatures from Arizona voters by July of next year.
Currently, abortions are legal in Arizona up to 15 weeks with no exceptions for rape or incest. The law does have an exception to save the life of a pregnant mother.
Support for this reporting was provided by The Carnegie Corporation of New York.
get more stories like this via email
In just over a week on Nov. 29, state lawmakers will return to Atlanta to decide on Georgia's new congressional voting district maps. Grassroots organizations focused on voting access are stressing the importance of the process.
In October, a federal judge ruled the state's 2021 maps diluted the voting power of Black residents and violate Section 2 of the Voting Rights Act.
April Albright, national legal director for Black Voters Matter, emphasized the decision is crucial in promoting equity for often overlooked communities.
"Our communities don't get that infrastructure," Albright observed. "We see it in our education and we see it in our roads, and we see it in economic opportunities in the form of opportunity districts, where the state makes a decision about how much money they're going to provide as subsidy to invite industries to come and create businesses."
The judge's ruling called for lawmakers to create an extra congressional district in west-metro Atlanta with a majority-Black population. It also calls for two new majority-Black Senate districts in south-metro Atlanta, two majority-Black House districts in south-metro Atlanta, and two in and around Macon-Bibb.
Albright pointed out the significant population shifts in the South over the past decade, which highlight the need for people to have the option to vote for candidates who truly represent their beliefs. As voting districts are being updated and challenged throughout the South, she stressed the importance of safeguarding democracy.
"We've got to keep our eyes on the prize," Albright urged. "We've got to understand the power of the 'drip, drip,' organizing all year around issues that matter to us. And if we do that, then it doesn't matter what the courts will do. We know that we can still bring the changes that we want."
Census figures show Georgia's population has surged by more than 1 million since 2010, with significant increases in Black, Hispanic, and Asian residents, particularly in Cobb, DeKalb, Fulton and Gwinnett counties.
The ruling in Georgia comes after a historic decision in Alabama to create two majority and near-majority Black voting districts.
get more stories like this via email