GOP cements hold on legislatures
Republicans are locking in newly gerrymandered maps for the legislatures in four battleground states that are set to secure the party’s control in the statehouse chambers over the next decade, fortifying the GOP against even the most sweeping potential Democratic wave elections.
In Texas, North Carolina, Ohio and Georgia, Republican state lawmakers have either created supermajorities capable of overriding a governor’s veto or whittled down competitive districts so significantly that Republicans’ advantage is virtually impenetrable — leaving voters in narrowly divided states powerless to change the leadership of their legislatures.
Although much of the attention on this year’s redistricting process has focused on gerrymandered congressional maps, the new maps being drafted in state legislatures have been just as distorted.
And statehouses have taken on towering importance: With the federal government gridlocked, these legislatures now serve as the country’s policy laboratory, crafting bills on abortion, guns, voting restrictions and other issues that shape the national political debate.
“This is not your Founding Fathers’ gerrymander,” said Chris Lamar, a senior legal counsel at the Campaign Legal Center who focuses on redistricting. “This is something more intense and durable and permanent.”
This redistricting cycle, the first one in a decade, builds on a political trend that accelerated in 2011, when Republicans in swing states including Pennsylvania, Wisconsin and Michigan drew highly gerrymandered state legislative maps.
Since those maps were enacted, Republicans have held both houses of state government in all three places for the entire decade. They never lost control of a single chamber, even as Democrats won some of the states’ races for president, governor and Senate.
All three of those northern states are likely to see some shift back toward parity this year, with a new independent commission drawing Michigan’s maps, and Democratic governors in Wisconsin and Pennsylvania probably will force the process to be completed by the courts.
Gerrymandering is a tool used by both parties in swing states as well as lesscompetitive ones. Democrats in deep-blue states such as Illinois are moving to increase their advantage in legislatures, and Republicans in deep-red states such as Utah and Idaho are doing the same.
But in politically contested states where Republicans hold full control, legislators are carefully crafting a GOP future. They are armed with sharper technology, weakened federal voting statutes and the knowledge that legal challenges to their maps may not be resolved in time for the next elections.
Texas, North Carolina and Ohio have signed into law new maps with a significant Republican advantage. Georgia is moving quickly to join them.
Republicans say that the growth of such heavily skewed legislatures is the result of the party’s electoral victories and of where voters choose to live.
State legislative districts are by nature much smaller in population than congressional districts, meaning they are often more geographically compact.
As Democratic voters have crowded into cities and commuter suburbs, and voters in rural and exurban areas have grown increasingly Republican, GOP mapmakers say that they risk running afoul of other redistricting criteria if they split up those densely populated Democratic areas across multiple state legislative districts.
“What you see is reflective of the more even distribution of Republican and right-leaning voters across wider geographic areas,” said Adam Kincaid, director of the National Republican Redistricting Trust. Trying to draw more competitive legislative districts, he said, would result in “just a lot of squiggly lines.”
Democrats note that Republicans are still cracking apart liberal communities — especially in suburbs near Akron and Cleveland in Ohio and in predominantly Black counties in northern and central North Carolina — in a way that helps the GOP and cuts against a geographical argument.
“They are carving up Democratic voters where they can’t pack them,” said Garrett Arwa, director of campaigns at the National Democratic Redistricting Committee.
Democrats have fewer opportunities to unilaterally draw state legislative maps, particularly in battleground states.
Of the 14 states where the margin of the 2020 presidential race was fewer than 10 percentage points, Democrats are able to draw state legislative maps in just one: Nevada.
Republicans control the redistricting process in six of those 14 states. (The rest have divided governments, or their maps are drawn by commissions.)
But when Democrats have had an opening, they also have enacted significant gerrymanders at the state legislative level.
In Nevada, Democrats are close to finalizing a map that would give them supermajorities in both chambers of the Legislature, despite President Joe Biden winning just 51% of the state’s vote last year.
The same holds true in deeply blue states.
In Illinois, newly drawn state Senate maps would give Republicans about 23% of seats in the chamber, even though former President Donald Trump won more than 40% of voters in the state in 2020.
Republicans have taken two approaches to ensure durable majorities in state legislatures. The tactics in Texas and Georgia are more subtle, while Republicans in Ohio and North Carolina have taken more brazen steps.
In Texas and Georgia, the party has largely eliminated competitive districts and made Republican and Democratic seats safer.
In Ohio and North Carolina, however, Republicans are taking a forceful tack. By keeping some districts moderately competitive, they are taking more risks to create significant majorities or supermajorities — and in doing so, they are often flouting laws or court decisions.