2011 Redistricting Kurt Spitzer and Associates 719 East Park Avenue - - PowerPoint PPT Presentation

Florida Association of County Attorneys

2011 Redistricting

Kurt Spitzer and Associates 719 East Park Avenue Tallahassee, FL 32301 kurtspitzer@ksanet.net (850) 561-0904

• 1. Who?
• 2. What?
• 3. Why?
• 4. How?

KURT SPITZER and ASSOCIATES, Inc.

2011 Redistricting

WHO?

The legislative body of the county (school, authority

• r city) adjusts district boundaries for the

governing body.

WHAT?

Redistricting is the process by which differences in the population of Commission districts are equalized by making adjustments to district boundaries. Redistricting ≠ Reapportionment

WHY?

Redistricting furthers the principal of “one person, one vote” and the provisions of the Voting Rights Act. Mandated for BCC by Florida Constitution and Florida Statutes. Guidance may be contained in Charters.

HOW?

Data from the Bureau of the Census is manipulated using computer software. New (proposed) district boundaries are drawn using current data that conform to legal criteria and community

• preferences. Final maps are approved by action of

the County Commission or other governing body. Building consensus amongst legislative body and community leaders.

The “Ten Commandments”

• f Redistricting Criteria

“Ten Commandments” of Redistricting Criteria

1.

Equal (almost) in population

2.

Don’t dilute minority voting strength

3.

Use census blocks

4.

No “bizarre” shapes

5.

Try to recognize existing district boundaries

6.

Try to recognize significant natural and man- made boundaries

7.

Try not to split neighborhoods, cities, etc.

8.

Keep districts compact and contiguous

9.

Social and economic similarities

• 10. Party affiliation

“Ten Commandments” of Redistricting Criteria

• 1. Equal (almost) in population



As equal as “Possible” or “Practicable”



Set deviation from mean as small as possible

usually 1% to 3% per district policy decision of BCC



Two districts with populations more than a 10% difference in population may raise red flag



Population ≠ Registered Voters



Population may = Residents of Voting Age

“Ten Commandments” of Redistricting Criteria

• 2. Don’t dilute minority voting strength

 Packing – locating most of minority

population into one district so as to dilute influence in other districts

 Cracking – splitting minority population into

two or more districts so as to dilute influence in all districts

“Ten Commandments” of Redistricting Criteria

• 3. Use census blocks

 Assumed to be valid  Watch for anomalies  Other data sources may be used but must be

defensible

“Ten Commandments” of Redistricting Criteria

• 4. Avoid Bizarre Shapes

 Like pornography…  Extreme Gerrymandering without valid

underlying public policy may raise red flag

• 4. Avoid Bizarre Shapes

“Ten Commandments” of Redistricting Criteria

• 5. Recognize Existing District Boundaries

 Avoid drawing incumbent out of his/her

district

 Recognizes will of voters who elected

incumbent

“Ten Commandments” of Redistricting Criteria

• 6. Follow significant natural and man-made

geographic features

 Water-bodies, major highways  Common sense = easier for voters to

understand

“Ten Commandments” of Redistricting Criteria

• 7. Preserve neighborhoods, cities

 Avoid “splitting” neighborhoods,

municipalities into two or more districts

 Common-sense = easier for voters to

understand

 Preserves similar communities of interest

“Ten Commandments” of Redistricting Criteria

• 8. Keep Districts Compact and Contiguous

 Common-sense = easier for voters to

understand

 Tends to preserve similar communities of

interest

“Ten Commandments” of Redistricting Criteria

1.

Equal (almost) in population

2.

Don’t dilute minority voting strength

3.

Use census blocks

4.

No “bizarre” shapes

5.

Try to recognize existing district boundaries

6.

Try to recognize significant natural and man- made boundaries

7.

Try not to split neighborhoods, cities, etc.

8.

Keep districts compact and contiguous

9.

Social and economic similarities

• 10. Party affiliation

Redistricting Process:

“…shall redistrict…”

Import new data into current lines If no imbalance or Voting Rights issues,

develop record and adopt current lines

Redistricting Process:

If imbalance…Develop plan for setting

Districting criteria Garnering public input Preparing draft maps Public hearings

Redistricting Process

Draft Maps Public Hearings Public Input

Brevard County BCC

Existing Districts

Population Deviation Percent 1 94,345

• 901
• 0.95

2 88,766

• 6,480
• 6.8

3 92,704

• 2.542
• 2.67

4 109,826 14,580 15.31 5 90,589

• 4,657
• 4.89

Brevard County BCC

Final Revisions

Population Deviation Percent 1 96,235 989 1.0277 2 94,430

• 816
• 0.8641

3 93,786

• 1,460
• 1.5567

4 96,406 1,160 1.2032 5 95,373 127 0.1332

QUESTIONS ?

Kurt Spitzer and Associates 719 East Park Avenue Tallahassee, FL 32301 kurtspitzer@ksanet.net (850) 561-0904

1

REDISTRICTING

• I.

• II.

• III.

• IV.

• V.

• VI.

OUTLINE

INTRODUCTION

2

INTRODUCTION

• Reapportionment – The process of reassigning a given number of

• e.g. Population changes evidenced by the census will result in

• Redistricting – The process of changing district boundaries. The

INTRODUCTION CONT.

• Gerrymander – A practice employed by the majority in power of

• Methods used to create gerrymander include:
• Packing – over concentration of members of a particular

• Fracturing – dispersion of minority among too many districts.
• Gerrymander can be either political or racial.

CONSTITUTIONAL AND STATUTORY AUTHORITY

3

CONSTITUTIONAL AND STATUTORY AUTHORITY

• Article I, § 2, U.S. Constitution
• Requires representation in U.S. House of Representative to be

• Requires decennial census
• 42 USC § 1973 Voting Rights Act of 1965
• Fair Opportunity For Racial and Language Minorities

CONSTITUTIONAL AND STATUTORY AUTHORITY CONT.

• Article III, § 16, Florida Constitution
• Requires Redistricting of Florida Legislature in second year following

• Article VIII, § 1(e), Florida Constitution
• Requires Redistricting of County Commission after each decennial

• Chapter 124, Florida Statutes, provides:
• Requires Districts to be as nearly equal in population as practical
• Requires Redistricting to be completed in odd number years provides

CONSTITUTIONAL AND STATUTORY AUTHORITY CONT.

• Can prescribe method and timing for Redistricting (plan must be to

• Orange County Charter
• Article II. – Sec. 202 – Commission districts.
• There must be six commission districts of contiguous territory as

4

EQUAL POPULATION

EQUAL POPULATION

• One person one vote
• Use Official Census Bureau Population Counts
• Measuring Population Equality
• Ideal District
• Average Deviations
• Overall Range
• Congressional Plans – As nearly equal in population as practicable.
• An overall range of 0%
• Legislative Plans
• An overall range of 10%
• Unless necessary, to achieve some rational state policy
• Example: Each county to have at least one representative

RACIAL AND LANGUAGE MINORITIES

5

RACIAL AND LANGUAGE MINORITIES

• VOTING RIGHTS ACT OF 1965
• Section 2 Voting Rights Act
• Applies in all jurisdictions
• In Florida applies to Black and Hispanic Voters
• Plan must not have discriminatory effect – will not have effect of

• At Large v. Single Member
• Osceola County Example

RACIAL AND LANGUAGE MINORITIES CONT.

• Thornberg v. Gingles – 3 Preconditions Required for Showing of

• 1.

• 2.

• 3.

RACIAL AND LANGUAGE MINORITIES CONT.

• “Totality of Circumstances” Reviewed by Court
• History of Discrimination
• Racially Polarized Voting
• Extent to Which Members of Protected Class Have Been Elected
• Draw Districts where the minority has a fair chance to win
• Majority – Minority Districts 65% of Total Population

6

RACIAL AND LANGUAGE MINORITIES CONT.

• Applies only in “Covered Jurisdictions” – Where there has been historical

• In “Covered Jurisdictions” plans must be pre-cleared by The Department
• f Justice or the U.S. District Court for the District of Columbia.
• In Florida “Covered Jurisdictions” include:

RACIAL AND LANGUAGE MINORITIES CONT.

• Requirements:
• DO NOT REGRESS
• Purpose of §5 is to protect the ability of minorities to elect their

• To defend, have 10 year history of success of minorities electing

• DO NOT INTEND TO DISCRIMINATE
• Any discriminatory purpose not just a purpose to regress will result

• YOU NEED NOT MAXIMIZE THE NUMBER OF MINORITY DISTRICTS
• History of Justice Department in ‘90s trying to maximize minority

• §2 does not require minority to be given maximum number of

TRADITIONAL DISTRICTING PRINCIPLES

7

TRADITIONAL DISTRICTING PRINCIPLES

• 1.

• 2.

• 3.

• 4.

• 5.

• 6.

• 7.

SUMMARY

SUMMARY

• INTRODUCTION
• Reapportionment
• Redistricting
• Gerrymander
• “Packing”
• “Fracturing”

8

SUMMARY CONT.

• CONSTITUTIONAL AND STATUTORY LAW
• Federal Constitution
• Census
• Proportionate representation
• Voting Rights Act of 1965
• State Constitution
• Legislative Redistricting
• County Commission Redistricting
• Chapter 124, Florida Statutes, County Commission Multi member or

• County Charter
• May require open process completion
• Plan must be to Supervisor of Elections in time for candidates to

SUMMARY CONT.

• EQUAL POPULATION
• Overall range for Congress U.S. House of Representatives is 0%
• Overall range for State and local governments is 10%
• RACIAL AND LANGUAGE MINORITIES
• § 2 Voting Rights Act
• All jurisdictions
• Plan will not dilute minority voting strength
• § 5 Voting Rights Act
• “Covered” jurisdictions only
• Do not Regress
• Representation
• f

SUMMARY CONT.

• TRADITIONAL DISTRICTING PRINCIPLES
• Contiguity
• Compacting
• Respect for political subdivisions
• Communities of Interest
• Protecting incumbents