Houston Chronicle Sunday

In effect, incumbents choose their own voters.

- kevin.diaz@chron.com mihir.zaveri@chron.com

Gene Green. It resembles a partially eaten doughnut, forming an undulating shape from north to east to south.

Like virtually all 36 congressio­nal districts in Texas — Republican Will Hurd’s West Texas district being the only exception — neither Poe nor Green’s district is particular­ly competitiv­e in general elections.

The political art of drawing boundaries to protect incumbents is called gerrymande­ring — a word derived from salamander­s, lizard-like creatures known for their slender bodies and short limbs. The whole idea behind the practice is to carve up the political map for partisan advantage.

It happens everywhere and has been the subject of legal challenges for years.

And now the U.S. Supreme Court has signaled it may take a fresh look in a Wisconsin redistrict­ing case that has the potential to fundamenta­lly alter the political landscape from Texas to Washington, D.C.

In Austin, where a generation of Republican dominance has helped give the party a 25-11 advantage over Democrats in the state’s U.S. House delegation, the implicatio­ns could be profound — however distant in the future.

In the past week since the high court announced that it will consider the constituti­onality of overtly partisan gerrymande­ring, Texas Democrats have cheered the review, hoping the Wisconsin case might set a precedent that evens the playing field in the state.

“Clearly the Texas congressio­nal map, and the state House map and state Senate map, are partisanly gerrymande­red, and they are way out of balance with the political performanc­e of the state,” said Matt Angle, head of the Lone Star Project, which seeks to make Democratic gains in Texas. ‘Packing’ and ‘cracking’

Some Republican­s downplay the significan­ce of the Wisconsin case, saying that they believe Texas’ political boundaries are already fair and, most importantl­y, legal.

“Unless the court does some serious overreach, we shouldn’t be facing needing to redraw those lines at all,” said James Dickey, the newly elected chairman of the Texas Republican Party.

The problem for Texas Republican­s is that the state’s congressio­nal district boundaries already are under legal challenge over alleged racial discrimina­tion for the way minorities were packed into a limited number of urban districts.

Some of the boundaries drawn in 2011 already have been ruled intentiona­lly discrimina­tory, and a federal court is set to hear a challenge next month on a new map drawn in 2013.

Unlike the Texas challenge, which focuses in the racial makeup of political districts, the legal fight in Wisconsin is over the partisan makeup of the state’s boundaries, which also favor Republican­s.

But the two criteria are closely related.

“If you correct for the racial discrimina­tion in Texas, you go a long way toward balancing the partisan makeup of these districts,” Angle said.

Others predict that the high court will have a hard time finding a coherent legal standard for deciding whether a state’s mapdrawing process — most are created by state lawmakers — shows undue partisansh­ip.

“It is inherently a political process,” said U.S. Sen. John Cornyn, who chaired Texas’ legislativ­e redistrict­ing board in 2000. “Which is not to say it’s a bad process. It’s just hard to know what alternativ­e might be available.”

Nobody knows how the Supreme Court might rule. The

court recently threw out North Carolina’s GOP-drawn congressio­nal map on racial grounds. But challenges based on party affiliatio­n alone could be a different matter.

A pending challenge in Maryland — the only case in which Democrats drew the map — could be telling. Until now, redistrict­ing cases based purely on politics have produced a kaleidosco­pe of opinions from different justices.

Some reformers advocate for handing the redistrict­ing process — normally done once each decade after the national census — to independen­t boards or commission­s. But legislativ­e veterans say it’s hard to keep the politics out.

“They end up being very partisan commission­s, no matter who selects them,” said Green, who has served in both the state Legislatur­e and Congress.

Green has been on the receiving end of political gamesmansh­ip in redistrict­ing, having been drawn out of his district by Texas Republican­s in the controvers­ial mid-decade redistrict­ing plan of 2003, spearheade­d by then U.S. House Majority Whip Tom DeLay of Sugar Land.

Finding himself suddenly placed in Poe’s looping district, Green decided to sell his house and move. He recalls telling DeLay, “I want to thank you for the new mortgage.”

Green has persevered in Congress, despite moving into a district that’s more than 70 percent Hispanic. He’s the only non-Hispanic white Democrat representi­ng a part of Houston.

“Clearly the Texas congressio­nal map, and the state House map and state Senate map, are partisanly gerrymande­red, and they are way out of balance with the political performanc­e of the state.” Matt Angle, head of the Lone Star Project

Partisan gerrymande­ring has been around since the beginning of the Republic. The term was coined in 1812. But the practice, critics say, has grown out of hand, with corrosive effects on elections, which are conducted in districts largely drawn by incumbent politician­s for their own benefit. In effect, they choose their own voters, rather than the other way around.

Some analysts link the pervasiven­ess of safe partisan districts to a growing brand of political polarizati­on that rewards extremism on both sides, effectivel­y turning party primaries into general elections and largely ignoring centrist and independen­t voters.

The tools of the trade are called “packing” and “cracking.” Packing refers to the practice of concentrat­ing voters of one party into a limited number of districts to blunt their influence; cracking entails dispersing them into different districts to dilute their strength.

The bottom line: Some voters just don’t count as much as others, leaving them effectivel­y disenfranc­hised. An ‘efficiency gap’

In Texas, Angle argues, “There’s no question what’s happened is you’ve got safe districts created, Democrats packed into as few districts as possible, and the rest of them cracked into as many safe Republican districts as possible, and what that’s done is it’s made the primaries matter the most, and primaries are driven by the most ideologica­l people within their party.”

In the Wisconsin case, Gill v. Whitford, the court will be asked to look at the allegedly skewed results of the state’s recent elections. In 2012, Republican­s won 60 of 99 legislativ­e seats despite winning only 48.6 percent of the state’s two-party statewide vote. In 2014, Republican­s won 63 seats with only 52 percent of the statewide vote.

Texas Democrats say they could make the same case. While Democratic presidenti­al candidates won more than 40 percent of the statewide vote in the past three elections, Democratic voters were distribute­d in such a way that their party controls only about a third of the state’s legislativ­e and congressio­nal seats.

Critics call that an “efficiency gap,” which can only be explained by partisan gerrymande­ring. Now before the high court, they hope to find a way to close the gap.

“This is a historic opportunit­y to address one of the biggest problems in our electoral system,” said Wendy Weiser of the Brennan Center for Justice, a left-leaning law and public policy institute at the New York University School of Law. “Gerrymande­ring has become so aggressive, extreme and effective that there is an urgent need for the Supreme Court to step in and set boundaries.”

Conservati­ve groups argue that there is no way to estimate what each party “should” win in a fair election. The redistrict­ing tests that have been proposed to close the “efficiency gap” in Wisconsin, they say, are arbitrary.

“Leftists want the courts to overturn district lines if not enough Democrats win,” said Tom Fitton, president of Judicial Watch, a conservati­ve watchdog group that has filed briefs defending Wisconsin’s electoral map. “We’re happy that the Supreme Court will now have a chance to rule that Democrats — or any political party — will not have a constituti­onal right to win elections.”

Political analysts say that even if the Supreme Court were to somehow chip away at partisan gerrymande­ring, the impact would be far more dramatic in battlegrou­nd states like Wisconsin than in states where one party is as dominant as Republican­s are in Texas.

“Democrats aren’t winning statewide elections in Texas,” said Craig Goodman, a political scientist at the University of Houston in Victoria.

The Supreme Court’s move also could reshape political power in Harris County, where a Republican establishm­ent already faces pressures from an increasing­ly left-leaning populace.

Republican­s have dominated Harris County’s governing board with a 4-1 advantage over Democrats on the commission­ers court since 2010.

But fueled by growth and demographi­c change, the county is shifting increasing­ly leftward: According to the 2016 Kinder Institute Survey by Rice University, a majority of Harris County’s four-plus-million population leans Democrat. In the November 2016 election, Democrats won every countywide position on the ballot as Hillary Clinton beat Donald Trump by more than 12 points — a larger margin of victory than George W. Bush had. Impact on Harris County

A decision in the Wisconsin case also could help further tilt the scale in Democrats’ favor after the 2020 Census by disallowin­g precincts to be drawn based on partisansh­ip, said Rice University political scientist Robert Stein.

“What will happen here, is there will be litigation, and there will be litigation based on the court’s decision,” Stein said.

Efforts to challenge the county’s redistrict­ing efforts are not without precedent. After the 2010 U.S. Census, two Houston city councilmen and others sued the county over a redistrict­ing scheme they said violated the Voting Rights Act by diluting Latino voting power — a suit that was quashed by the federal courts.

But during that case, testimony indicated the lines were not drawn to disenfranc­hise Hispanic voters, but to create a stronger Republican district, said Douglas Ray, managing attorney for the public law practice group in the Harris County attorney’s office.

“It was about partisan considerat­ions,” Ray said.

He said he does not believe the Supreme Court would eliminate the ability for the county to consider partisansh­ip in redrawing precincts.

One other impact of more politicall­y-balanced electoral districts could be to boost voter turnout. Texas has one of the lowest voter turnout rates in the nation.

Lopsided congressio­nal races, like those all across Texas, provide little incentive to vote.

“It’s certainly not healthy for democracy,” said Goodman at UH-Victoria. “It’s hard to encourage people to go out and vote when you don’t really have any chance of winning.”

“It is inherently a political process. Which is not to say it’s a bad process. It’s just hard to know what alternativ­e might be available.” Sen. John Cornyn

 ?? Jon Shapley / Houston Chronicle ?? U.S. Rep. Gene Green, left, was drawn out of his district in the controvers­ial redistrict­ing plan of 2003, when he found himself suddenly placed in the looping district belonging to U.S. Rep Ted Poe, right. Green decided to sell his house and move.
Jon Shapley / Houston Chronicle U.S. Rep. Gene Green, left, was drawn out of his district in the controvers­ial redistrict­ing plan of 2003, when he found himself suddenly placed in the looping district belonging to U.S. Rep Ted Poe, right. Green decided to sell his house and move.
 ?? Houston Chronicle file ??
Houston Chronicle file
 ?? Houston Chronicle ??
Houston Chronicle

Newspapers in English

Newspapers from United States