Redistricting takes one step forward, 2 back

One step forward, two steps back.

Or, in other words, the old Harrisburg two-step. Welcome to what passes for governing in the state capital.

The Pennsylvania Senate this week passed Senate Bill 22, a bill to change the way the state draws up its Congressional map, taking action in the wake of the bitter lawsuit and dispute that resulted in the state Supreme Court tossing the old map and issuing one of its own.

A step in the right direction, right? Well, not exactly.

First, the bill had to be “Harrisburged.” That’s what happens too often to much-needed legislation here in the Keystone State. It has to do with tacking on amendments, some of which often have nothing to do the original intent of the legislation.

The amendment was muscled in by Republicans who control both the state House and Senate. Senate Bill 22 would set up an independent commission tasked with the job of redrawing Congressional districts every 10 years based on the results of the latest census. Its members — four Democrats, four Republicans and three Independents — would be picked by top lawmakers and the governor and require approval by super majorities of lawmakers. The bill also looks to avert a repeat of what happened this year, when the Supreme Court took up the job of drawing the map after a version submitted to the governor by Republicans was rejected. That came after the court ruled in favor of groups who had sued over the results of the last time the map was redrawn. As you might expect, Republicans were not especially pleased with that result, accusing the state high court of doing a little gerrymandering of its own.

Still, getting this process out of the hands of politicians was an essential step forward. But Republicans were not done.

They tacked on an amendment that would also change the way the state elects appellate judges, those who handle essential appeals of lower court rulings. Republicans want to see them elected by district, not by statewide voting. The GOP believes the current system leaves the court lopsided, tilted toward candidates from Philadelphia and Pittsburgh, which naturally hold a much larger voting bloc. Not surprisingly, the move comes after the recent gerrymandering inferno, and just two years after Democrats seized control of the majority on the Supreme Court.

The Senate passed the bill on a 35-14 vote, largely along party lines. It would put the question to the state’s voters, asking whether the state should amend the state constitution to take the job of drawing the maps out of the hands of politicians and dropping it in the lap of the independent commission.

It must be passed by both chambers in two consecutive sessions, then placed on the ballot in a statewide referendum.

For now it goes to the House for consideration. But the addition of the amendment already is clouding its chances of passage, with some considering the move a “poison pill” that could doom the entire process, thus negating months of tedious work and negotiations.

Republicans are voicing support for a move to fix the system of judicial elections they feel leaves many of them – in particular those in rural communities – under-represented on the bench.

Democrats refer to the bill as being “hijacked” and claim Republicans have “blinders” on, hell-bent on retaliating against the courts that upended their political power with the gerrymandering ruling.

Stuck in the middle is the notion of an independent commission to handle redrawing legislative districts.

You can count out the key group that has advocated for months for a change in the system. After the measure – along with the new amendment – passed the Senate, Fair Districts PA withdrew its support for Senate Bill 22. The group had spent months holding forums in all corners of the state seeking support for changing the way the districts are drawn up.

The hope now is that members of the House can be convinced to remove the amendment, pass the measure, and then send it back to the Senate.

And time is of the essence. Again the measure must be passed by both Houses in two consecutive sessions. If both the Senate and House fail to take that step in the current session, it will further delay any change in the redistricting process, with the clock ticking toward the 2020 census.

One step forward, two steps back.