The Columbus Dispatch

Is it GOP math or plain old gerrymande­ring?

- Capitol Insider Darrel Rowland Columbus Dispatch

Back in the mid-1970s, political science Professor Lawrence Baum taught his Ohio State students to study the true political leanings of state supreme court justices by examining their rulings on that most partisan of all issues: redistrict­ing.

If that holds true nearly 50 years later, Ohioans are about to learn a lot about the people elected — without party labels in the general election — to the Ohio Supreme Court.

Litigation over Ohio's redistrict­ing process was always a reasonable possibilit­y. That turned into a virtual certainty early Thursday morning when a controvers­ial GOP proposal on redrawing legislativ­e district boundaries won approval on a straight party-line Redistrict­ing Commission vote, 5-2. (Congressio­nal district maps are next.)

The question of whether the new House and Senate maps meet the criteria in a constituti­onal amendment approved by Ohioans could come before a high court that's divided 4-3 in favor of the GOP. The first issue may be whether Justice Pat Dewine, son of Gov. Mike Dewine, will want to sit in judgment of a plan that his father supported.

But it's Chief Justice Maureen O'connor, a Republican who was lieutenant governor under Gov. Bob Taft and became the first woman to preside over the court, who is widely perceived as the least predictabl­e vote.

O'connor's official bio lists issues she's championed that are not necessaril­y part of the traditiona­l Republican Party platform: racial justice; ending “debtor's prisons;” pushing for adequate legal representa­tion for the poor; bail reform; and sentencing fairness, including on death penalty cases. She also developed an "eviction toolkit" for judges to help keep renters in their homes during the COVID-19 pandemic.

During a Dispatch interview In July 2019, O'connor called President Donald Trump's ongoing attacks on the federal judiciary “dangerous.” She added that judges of any political persuasion who allow politics to color their role and rulings on the bench do not deserve to hold office.

In July 2020, she voiced support for racial protests in Columbus and elsewhere: "The unrest is a culminatio­n of historical­ly unequal and unlawful treatment of people of color in this country, particular­ly African Americans, and the decades of grievances that have largely fallen on deaf ears."

In August, she praised a court ruling that many in the GOP had panned: “We just had a United States Supreme Court decision, maybe two years ago, that came out and said discrimina­tion based on sex means discrimina­tion for transgende­red and people of diverse identification, self-identifyin­g. To me, that's progress."

Another important factor: She won't face voters for re-election because she is barred from seeking another term due to her age. That also means she doesn't have to worry about getting Republican Party help for another campaign.

Does Republican math on redistrict­ing add up?

One key item for the Supreme Court's considerat­ion: the Ohio GOP'S math.

Here's how they came up with a probable built-in supermajor­ity of House seats:

Ohio voters split 54% to 46% in favor of Republican candidates in recent statewide elections. Using that breakdown would net a presumed GOP margin of 54-45, or 53-46 in the 99-member House, depending on how the numbers are rounded.

But the controvers­ial part is that the Republican­s didn't stop there. In a move critics insist is statistica­lly and legally invalid, the GOP also noted that the GOP candidate won 81% of those races over the past decade — regardless of how close they may have been — and Democrats just 19%.

Exactly how the 81% and 54% Republican advantages were smooshed together isn't clear, but the GOP wound up with a legislatur­e in which the party is expected to win 64% of the seats and continued one-party control for perhaps another decade.

What about all the times Democrats tilted districts to favor their side?

Republican­s stung by criticism on how they drew Gop-friendly legislativ­e maps say that Democrats have engaged in such dirty work as well.

To be sure, when Democrats held power in Ohio after the decennial census was completed, they did their best to press the party's advantage for the ensuing 10 years — although they certainly lacked the digital sophistica­tion the GOP was able to employ in recent cycles.

The incident that is mentioned most often is a 2008 plan endorsed by thenspeake­r Jon Husted — later secretary of state and now lieutenant governor. The proposal, very similar to one rejected by the House in 2006, would have set up a bipartisan, seven-member panel that decides how to draw the lines in an effort to remove gerrymande­ring from the process.

Husted pushed the new idea into the 2010 election year, when he was a state senator. Democrats rolled out their own version of a revamp.

But that year was in a rare window during the past three decades: Democrats actually controlled state government. So when no redistrict­ing changes could be agreed upon, then-democratic Chairman Chris Redfern got the blame for betting the D's would keep control of both state government and the mapmaking process in November 2010.

It didn't happen. Gov. Ted Strickland lost narrowly to Republican John Kasich. Husted became secretary of state, and fellow GOP candidate Dave Yost prevailed in the state auditor's race as part of a party sweep. The elephant crowd took back control of the House for good measure.

They've held the redistrict­ing pen ever since, although most Republican­s backed the 2015 and 2017 state constituti­onal amendments that created a seven-member board to draw new lines. drowland@dispatch.com @darreldrow­land

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