Chicago Sun-Times

COURTS TO DECIDE ON POLITICAL MAPS

Wisconsin case is key as residents of redrawn districts sue for changes

- RichardWol­f

Beth Lawn’s neighborho­od of modest duplexes has more in common with the rest of this struggling, crime- ridden city on the Delaware River next to Philadelph­ia than it does with the Amish farms of Lancaster County 50 miles away.

But the 71- year- old grandmothe­r awoke one morning to find she had been moved from Pennsylvan­ia’s 1st Congressio­nal District to the 7th, a labyrinthi­ne monstrosit­y that winds its way through five counties.

“I have a vote, but it really doesn’t count for anything,” Lawn says.

Jerry DeWolf had a similar experience in Maryland when his largely rural 6th Congressio­nal District, home to 40 miles of the Appalachia­n Trail, was stretched to include wealthy suburbs of Washington. He wasn’tmoved out, but a new congressma­n wasmoved in.

Both Lawn and DeWolf were victims of partisan gerrymande­ring — purposeful line- drawing by state lawmakers to maximize their political party’s strength in Congress and state legislatur­es and weaken their opponents. In Lawn’s case, Pennsylvan­ia Republican­s drew the maps. In DeWolf’s, it was Maryland Democrats.

But they didn’t take the creative penmanship sitting down. Both are plaintiffs in lawsuits challengin­g the lines, which gave Republican­s 13 of Pennsylvan­ia’s 18 congressio­nal districts and Democrats seven out of eight in Maryland.

As the Supreme Court prepares to hear a landmark challenge to Wisconsin’s partisan gerrymande­ring in October, opponents of the process in other states are waging legal and constituti­onal battles that also could reach the nation’s highest court.

A three- judge panel declined in a 2- 1 decision Thursday to enter a preliminar­y injunction declaring the Maryland district unconstitu­tional. The court also put further proceeding­s on hold pending the outcome of the Supreme Court case. Lawyers for the challenger­s said they would appeal the lower court decision to the high court.

Every 10 years in most states, the rules for drawing district lines for Congress and state legislatur­es are changed by the party or parties in power. If that power is shared — or, in a few states including California, if the process is governed by a commission — the lines might be drawn fairly. More often, oneparty rule leads to partisan advantage.

The Supreme Court has ruled on multiple occasions that race cannot be amajor factor in the way lines are drawn, but it has yet to set a standard for howmuch politics is too much.

“The Supreme Court hasn’t really even defined what gerrymande­ring is,” saysMichae­l Li, a redistrict­ing expert at the Brennan Center for Justice at New York University School of Law.

Two years ago, however, a narrowmajo­rity of justices ruled that states can try to remove partisan politics from the process by creating commission­s to take the job away fromlegisl­ators.

In those legislator­s’ hands, software programs have perfected the art of linedrawin­g for partisan advantage. Republican­s, in particular, seized on the process in 2012 after gaining nearly 700 seats in legislatur­es two years earlier, which gave them control of both houses in 25 states.

Wisconsin is one of several battlegrou­nd states in which Republican­s and Democrats fought to a virtual draw in last year’s presidenti­al election. But because Republican­s control the legislatur­e, they designed election districts in 2012 that have given them a nearly 2to- 1 advantage in the state Assembly ever since.

A federal district court ruled 2- 1 last year that those districts discrimina­ted against Democratic voters “by impeding their ability to translate their votes into legislativ­e seats.” It demanded that the legislatur­e draw new district lines by this November, but the Supreme Court blocked that requiremen­t while it considers the state’s appeal. Oral argument in the case is set for Oct. 3.

Fueling challenger­s’ hopes is the existence of several data- driven models to measure election results against other factors. One of them — the “efficiency gap” — counts the number of “wasted” votes for winning candidates in districts packed with the opposition party’s voters, as well as for losing candidates in districts where opposition party voters were scattered.

Several other states could be affected by the outcome of theWiscons­in case:

uLawsuits are on hold in North Carolina, where the Supreme Court has struck down some congressio­nal and state legislativ­e districts because of their reliance on racial demographi­cs. The state’s congressio­nal delegation includes 10 Republican­s and three Democrats.

uOhio voters approved a constituti­onal amendment in 2015 to reduce gerrymande­ring of state legislativ­e districts. Another one focusing on the state’s 12- 4 GOP tilt in Congress could reach the ballot next year. The state’s Democratic Party chairman has threatened a lawsuit if the Supreme Court strikes down Wisconsin’s districts.

uMichigan activists are pursuing a ballot initiative to create a non- partisan redistrict­ing commission for congressio­nal and legislativ­e districts. The former state Democratic chairman plans to sue over maps that have helped Republican­s win nine of 14 congressio­nal seats.

 ?? CHUCK BURTON, AP ?? Voting rights activists march through the streets of Winston- Salem, N. C.
CHUCK BURTON, AP Voting rights activists march through the streets of Winston- Salem, N. C.

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