Daily Times (Primos, PA)

Court rulings won’t end gerrymande­ring fight

Local government­s urged to back push for citizens commission to draw district lines instead of Legislatur­e

- By Evan Brandt ebrandt@21st-centurymed­ia.com @PottstownN­ews on Twitter

The Pennsylvan­ia court system may have ruled the current map of Pennsylvan­ia’s congressio­nal districts unconstitu­tional — resulting in new maps being drawn for the upcoming elections — but the decision and its effect will be moot in two or three years.

The maps the courts have undone were begun after the U.S. Census was conducted in 2010, and a new Census will begin in 2020, starting the process all over again.

There is nothing to stop whichever political party is in the majority then from drawing maps which some future court may declare equally unfair and designed to benefit one party or the other.

That’s why the nonpartisa­n activist group Fair Districts PA is advocating to take the drawing of those maps out of the hands of the people who benefit by their compositio­n.

Fair Districts PA, a statewide group seeking to change the way those districts are drawn, is urging local government­s to pass resolution­s endorsing the creation of a “citizen’s commission” to draw the lines.

It would take a constituti­onal amendment, and that’s what a boilerplat­e resolution now making the rounds calls on the township and borough government­s to support.

“The creation of a truly independen­t citizens redistrict­ing commission devoid of political motivation or partisansh­ip will help ensure a fair and accurate legislatio­n and congressio­nal

redistrict­ing process that respects political subdivisio­ns, will prohibit districts from being drawn to favor or discrimina­te against a political party or candidate, will promote transparen­cy, the use of impartial and sound methodolog­y when setting district boundaries and allow for public input, and will fully comply with the constituti­onal requiremen­t that ‘no county, city, incorporat­ed town, borough, township or ward’ be divided ‘unless absolutely necessary,’” is how the key paragraph reads.

All of this comes in the wake of two key high court rulings - one by the Pa. Supreme Court and one by the U.S. Supreme Court, ruling the maps created by the Legislatur­e back in 2011 were unconstitu­tional because they were unduly gerrymande­red to favor Republican candidates and incumbents.

The Pa. court knocked them down, Republican­s appealed to the U.S. Supreme Court, which backed up the Pa. ruling. Pennsylvan­ia justices mandated the Legislatur­e create new maps by Friday, which Republican­s did, delivering them to Gov. Tom Wolf. Now Democrats are complainin­g that the new maps are not a lot better than the old ones. Gov. Wolf has until Thursday to approve or reject the new maps, including a much more contiguous shape for the infamous “Goofy Kicking Donald Duck” shape of the 7th District that was contorted to cover parts of five suburban counties.

“It is a core principle of our republican form of government ‘that the voters should choose their representa­tives, not the other way around,’” wrote Pennsylvan­ia Supreme Court Justice Debra Todd in the majority opinion released Wednesday in the decision on the legal challenge to the current maps.

Mapping efforts in the last 20 years have become very sophistica­ted, and “use mapping technology and big data to profile voters, and use that informatio­n to pick exactly who they want in or out of a voting district,” according to the Fair Districts PA web site.

“Gerrymande­ring uses techniques like ‘packing’ and ‘cracking’ to target voters from a particular group, such as voters from the opposite party or minority or low-income voters, to reduce their influence,” Fair Districts PA argues.

For example, Pottstown, which votes Democratic in most elections, is divided into two districts in the state’s House of Representa­tives with part in the 26th District represente­d by state Rep. Tim Hennessey, a Republican. The majority of the 26th District is in reliably Republican northern Chester County, thus diluting Democratic votes in Pottstown.

The other part of Pottstown is located in the 146th District, which includes Lower Pottsgrove, Limerick, Royersford, Trappe and Perkiomen Township. Republican state Rep. Tom Quigley represents the district.

One extreme example of the result of this mapping methodolog­y is Pennsylvan­ia’s 7th Congressio­nal District, now held by embattled Republican Pat Meehan.

It has gained national notoriety, and not in a good way, for resembling “Goofy kicking Donald Duck” and twists and turns its way through four different counties in apparent conflict with the Constituti­onal requiremen­t that municipali­ties not be divided when possible.

And it, and maps like it, have done what is designed to do — ensure Republican victories.

In the 2016 election, despite having a higher number of registered Democrats over Republican­s, Pennsylvan­ia elected 13 Republican­s and five Democrats to the U.S. House of Representa­tives.

Some of those lopsided results — such as in the 6th and 7th districts — are in Southeast Pennsylvan­ia where the voter registrati­on trend has been moving away from Republican­s and towards Democrats.

In fact the 6th District was cited in testimony before the supreme court by resident of Exeter Township in Berks County as an example of gerrymande­ring.

Thomas Rentschler, a Democrat, told the court that while he lives two miles from the City of Reading, “and that he has a clear ‘community of interest’ in that city,” Reading is in the 16th District while Rentschler is in the 6th District, represente­d by Republican Congressma­n Ryan Costello.

Montgomery County has also been carved up by the maps, Rich Rafferty, outreach coordinato­r for Fair Districts PA: Montgomery County, told members of the board in Hatfield Township last month.

Montgomery County’s total population of nearly 800,000 should be enough for the county to have one dedicated representa­tive in Washington, Rafferty told the board, because the average congressio­nal district in the state contains roughly 710,000 people — but because of the current map, Montgomery County is currently split between five different districts.

“Montgomery County — a big dog, a wealthy, important county in Pennsylvan­ia — has been gerrymande­red, split, cracked, all the verbiage you can think of, and we’re not getting the representa-

tion we need,” he said.

“There’s a total of 68 townships in Pennsylvan­ia that got split or divided, in a variety of ways, for their U.S. congress person coverage. Sixteen of those occurred in Montgomery County, and Hatfield is one of those,” Rafferty said.

Hatfield Township is the only portion of the 8th Congressio­nal District in Montgomery County, with the rest located in Bucks County, meaning Hatfield voters are only 12 percent of the constituen­cy for U.S. Rep. Mike Fitzpatric­k, R-8th Dist.

Perhaps because Southeast Pennsylvan­ia region has been so legislativ­ely divided, its elected local officials are coming together in supporting the resolution calling for a new way of creating those districts.

The resolution authored by Fair Districts PA has been adopted in 48 municipali­ties in the last year — most recently in Upper Providence Township in Montgomery County.

But it’s not always a smooth ride and the resolution received a cool reception in Limerick Township Tuesday night.

Resident Oliver Kennedy appeared before the board and presented a copy of the resolution and explained its purpose, asking the board to consider adoption.

When he told Limerick’s supervisor­s the

resolution had been adopted the previous month in neighborin­g Upper Providence Township, Vice Chairman Kenneth Sperring, a Republican, responded “this is not Upper Providence Township” and told Kennedy “this is being handled by the courts.”

When newly elected Supervisor Patrick Morroney, a Democrat, began to read a motion for the resolution to be adopted, Supervisor Thomas Neafcy, a Republican objected.

“This is politics. He’s reading from a prepared statement, this is a set-up,” he said.

Morroney’s motion received no second and died without a vote, although Sperring assured Kennedy “we will take it under considerat­ion.”

After the meeting, Neafcy and Kennedy continued to argue the issue and Neafcy could be heard saying of gerrymande­ring, “you know both parties do it.”

The reception was a little warmer last month when the resolution was put before board the Hatfield Township, although no vote was taken.

Board President Tom Zipfel thanked the group for making their case, and called their presentati­on “remarkably timely” in light of the state supreme court decisions.

“A few weeks ago, when we started talking about this, we didn’t at all anticipate that it would be on the heels of a Pennsylvan­ia supreme court decision, so we could not have timed that any better,” he said.

 ?? DIGITAL FIRST MEDIA FILE PHOTO ?? Pennsylvan­ia’s 7th Congressio­nal District is sprawled across four counties and recognized nationally as one of the most gerrymande­red in the nation.
DIGITAL FIRST MEDIA FILE PHOTO Pennsylvan­ia’s 7th Congressio­nal District is sprawled across four counties and recognized nationally as one of the most gerrymande­red in the nation.
 ?? EVAN BRANDT — DFM GRAPHIC ??
EVAN BRANDT — DFM GRAPHIC

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