From the Libertarian Party of California: www.ca.lp.org
Rethinking Redistricting
Fred E. Foldvary
California's Proposition 77 would have shifted
responsibility for designing the state's voting
districts from the legislature to appointed
retired judges, subject to approval by the
voters. The defeat of 77 does not imply that
Californians want to continue the
gerrymandering, a scheme by which district
boundaries are drawn so that they favor incumbents
and the dominant political party, resulting in a
districting map with strange shapes and weird
corridors. (See
http://www.calvoter.org/voter/maps/
for maps of California's districts.)
Gerrymandering in a state dominated by one
political party has in the past led to maximizing
that party's control by drawing the boundaries so
that, for example, districts are either 55 percent
Democrat or 90 percent Republican, giving
Democrats more representatives than if the
districts were drawn without regard to political
party.
Much of the money spent to oppose Proposition
77 came from out of state, including funds
provided by members of Congress and other
lawmakers. They feared that passage would induce
initiatives in other states to shift the design of
Congressional districts to neutral
commissions.
Many voters rejected all the propositions
promoted by Governor Schwarzenegger, to signal
their disapproval of the special election. Many
who voted against 77 were influenced by misleading
ads showing three dour judges that implied a loss
of control by the people, not telling viewers that
the districting would need to be approved by the
voters. Some voters may have wanted to keep their
particular Democratic or Republican
representative. Others objected to what was called
a "power grab," redrawing the districts
in 2006 rather than waiting for the new
census. Many voters simply vote "no" as
a default when they are confused or unsure.
While gerrymandering may occasionally preserve
the representation by a conservative or liberal
legislator who feels safe enough in his or her
district to take controversial positions on
issues, the creation of a one-party district can
shift the battle to the primary election within
the political party. It is better in general for
voting districts not to be "safe" for a
party.
While the design of compact voting districts by
neutral panels such as judges works adequately in
some states, the rejection of this plan by the
people provides an opportunity to rethink the
design of voting districts. Let's go back to
square one. Why should, for example, the districts
in Los Angeles County be drawn by representatives
of the whole state? Why not let the local folks
draw the boundaries for their local districts?
The board of supervisors of a county could
appoint a panel of judges, political scientists,
party representatives, or voters' representatives
to draw the district lines for that county. The
makeup of the panel would be decided by the county
boards. Where a district contains or overlaps two
or more counties, the boards of these counties
would appoint representatives to a common panel to
draw the lines.
If the voters of a county preferred, they could
vote to create a special commission to draw the
district lines, rather than have the power rest
with the board of supervisors. In either case, the
lines would be subject to approval by the voters
of those counties. This would bring the creation
of districts closer to the people affected.
Nowadays, the design of voting districts is
done with computer software programmed to create
districts with equal populations, with preference
to city and county boundaries. Using software, the
panels would balance various objectives, such as
having politically competitive districts while
also conforming as much as possible to city and
county lines. In many cases, the local population
is heavily Democratic or Republican, so the
district line need not look like a snake that has
just swallowed a pig.
It is generally more democratic and less
corruptive for political decisions to be made
bottom-up rather than top-down. Power should flow
up from the people and their neighborhoods rather
than top-down from high-level
officials. Decentralized redistricting would thus
be a step toward a more genuine democracy that
better reflects the desires of the people.
It is an inherent conflict of interest for
legislators to draw their own voting
districts. Informed voters most likely do not
approve of the status quo but rather rejected one
particular plan at one unpopular
election. Decentralized district design should be
on the table as the legislature considers
reforms.
© Copyright 2008 by Libertarian Party of California
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