Houston Chronicle Sunday

‘Rigged’ electoral process a reason for voters to be angry

- LISA FALKENBERG Commentary

In a new TV ad, Donald Trump claims the system stays “rigged” against Americans.

He’s right. But not for the reasons the Republican presidenti­al nominee cites. It’s not about a border wall or asylum for Syrian refugees.

The real rigging in this country is less sexy and, thus, less understood.

It’s the game politician­s play with the electoral process. From needless, discrimina­tory voter ID laws to high-tech partisan gerrymande­ring, we have a political system that lets the politician­s pick voters, rather than the other way around.

That’s not democracy. And that’s what we should be mad about.

But where was the outrage when Texas Attorney General Ken Paxton announced last week he’d appeal a finding by the conservati­ve 5th U.S. Circuit Court of Appeals that Texas’ voter ID law, the most restrictiv­e in the country, discrimina­tes against minorities? Paxton’s office said the case, which has cost the state millions, is about protecting “the integrity of vot- ing” in Texas.

The proof that integrity is under threat? Not a shred. An author of a book on voting rights history recently wrote in the Washington Post that deaths by lightning are more common than voter fraud.

But voter ID laws are only part of the problem. The shadowy, complicate­d process of redistrict­ing is an even greater threat to democracy.

In all but a few states, partisan members of legislatur­es are in charge of drawing districts that control their political fates and those of Congress members. They do this largely through diluting voting power of the opposing party by shoving it into as few districts as possible.

I just finished a book on the subject so profanely titled that I can’t print the whole thing. It appears on the cover as “Ratf**ked.” At first, I found the name gratuitous. By the end, it seemed apt. And maybe the only

way to get people to read 245 pages about election maps.

The subtitle, for what it’s worth: “The True Story Behind The Secret Plan to Steal America’s Democracy.”

Author David Daley documents what he concludes is an unpreceden­ted effort by Chris Jankowski and other Republican strategist­s to flip legislatur­es in battlegrou­nd states after President Barack Obama’s election, and then use the advantage to control the post-census process of redrawing political maps.

There’s nothing new about gerrymande­ring. And, of course, Democrats gerrymande­red for decades, but they mostly used it as an “incumbency protection racket,” Daley writes, citing former longtime Texas Democratic Congressma­n Martin Frost, not as a “tool to gain a majority they wouldn’t otherwise obtain.” Foregone conclusion­s

This brave new approach to redistrict­ing, Daley writes, is highly secretive and aided by technology that makes the mapmaker all-knowing, using not only demographi­c data from the census, but marketers’ databases fed by such things as social media posts, online purchases and magazine subscripti­ons. Suddenly, Daley says, rewiring our democracy was “as simple as outbidding a rival on eBay.”

The results have been as aesthetica­lly interestin­g as they are mathematic­ally precise. Take North Carolina’s long, narrow 12th District which, Daley writes, hugs Interstate 85 so closely in some parts that northbound lanes are in one district and southbound in another.

North Carolina has become a poster child in the election-rigging movement. Last week, federal judges struck down nearly 30 House and Senate districts as illegal racial gerrymande­rs. And consider this: In 2012, for the first time in 40 years, the party that received the most votes in congressio­nal races — in that case, the Democrats — failed to take control of the House. In Pennsylvan­ia, where more voters cast ballots for Democratic candidates than Republican, the delegation went 13-5 for the GOP.

When races become foregone conclusion­s, voter interest wanes, and so does representa­tives’ motivation to reach across the aisle and seek compromise.

All that said, Republican­s shouldn’t be demonized for their successful hack of the American political process. If Democrats had thought of it first, they surely would have done it. Direct democracy So what’s the solution? In some states, where people enjoy forms of direct democracy — such as popular referendum­s — citizens have backed nonpartisa­n commission­s to draw political boundaries. That system isn’t perfect, or impervious to political influence. But it’s progress.

In California, where powerful Democrats spent millions trying to defeat such a measure, it passed with more than 61 percent. Daley points out the immediate results in 2010: In the previous eight years, spanning 500 elections, only one incumbent was defeated. But the new districts, drawn by the independen­t commission, produced a delegation in which more than a quarter of the members were new.

Texans can only dream of such reforms.

As independen­t-minded as we pride ourselves on being, we have no form of direct democracy in the Lone Star State. The only route to shifting control over redistrict­ing from politician­s to citizens would be a two-thirds vote in both the Texas House and Senate, and then a vote of the people to ratify the proposed constituti­onal amendment, said Rice political science professor Mark Jones.

Most every session in Austin, some quixotic lawmaker files a redistrict­ing reform bill. Former Republican Sen. Jeff Wentworth of San Antonio got one out of committee in 2011, but that’s the best anyone has done.

Jones says the most likely chance for reform in Texas would come if Republican­s start to seriously fear losing their majority, while at the same time Democrats remain skeptical of their prospects to turn the state blue.

In other words, our elected representa­tives will only choose fairness if they lose faith in cheating.

Until then, the process isn’t ours. It’s theirs. It’s rigged, and I hope that makes you mad. Mad enough to care.

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