Florida Association of County Attorneys 2011 Redistricting Kurt Spitzer and Associates 719 East Park Avenue Tallahassee, FL 32301 kurtspitzer@ksanet.net (850) 561-0904
2011 Redistricting 1. Who? 2. What? 3. Why? 4. How? KURT SPITZER and ASSOCIATES, Inc.
WHO? The legislative body of the county (school, authority or 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” of Redistricting Criteria
“Ten Commandments” of Redistricting Criteria Equal (almost) in population 1. Don’t dilute minority voting strength 2. Use census blocks 3. No “bizarre” shapes 4. Try to recognize existing district boundaries 5. Try to recognize significant natural and man- 6. made boundaries Try not to split neighborhoods, cities, etc. 7. Keep districts compact and contiguous 8. Social and economic similarities 9. 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 Equal (almost) in population 1. Don’t dilute minority voting strength 2. Use census blocks 3. No “bizarre” shapes 4. Try to recognize existing district boundaries 5. Try to recognize significant natural and man- 6. made boundaries Try not to split neighborhoods, cities, etc. 7. Keep districts compact and contiguous 8. Social and economic similarities 9. 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 Public Input Draft Maps Public Hearings
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
REDISTRICTING OUTLINE • I. INTRODUCTION • II. CONSTITUTIONAL AND STATUTORY AUTHORITY • III. EQUAL POPULATION • IV. RACIAL AND LANGUAGE MINORITIES • V. TRADITIONAL DISTRICTING PRINCIPLES • VI. SUMMARY 1 INTRODUCTION 2 1
INTRODUCTION Terms • Reapportionment – The process of reassigning a given number of seats in a legislative body to established districts. • e.g. Population changes evidenced by the census will result in the reapportioning or congressional seats to states with the largest population gains. • Redistricting – The process of changing district boundaries. The number of members for districts does not change but the district boundaries do. 3 INTRODUCTION CONT. • Gerrymander – A practice employed by the majority in power of drawing district lines in a manner that intentionally enhances their prospects for victory. • Methods used to create gerrymander include: • Packing – over concentration of members of a particular party or racial group into too few districts. • Fracturing – dispersion of minority among too many districts. • Gerrymander can be either political or racial. 4 CONSTITUTIONAL AND STATUTORY AUTHORITY 5 2
CONSTITUTIONAL AND STATUTORY AUTHORITY Federal • Article I, § 2, U.S. Constitution • Requires representation in U.S. House of Representative to be proportionate • Requires decennial census • 42 USC § 1973 Voting Rights Act of 1965 • Fair Opportunity For Racial and Language Minorities 6 CONSTITUTIONAL AND STATUTORY AUTHORITY CONT. State • Article III, § 16, Florida Constitution • Requires Redistricting of Florida Legislature in second year following decennial census • Article VIII, § 1(e), Florida Constitution • Requires Redistricting of County Commission after each decennial census as provided by law • 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 process for establishing single member representation 7 CONSTITUTIONAL AND STATUTORY AUTHORITY CONT. Local Charters • Can prescribe method and timing for Redistricting (plan must be to supervisor of elections in time for candidates to qualify • Orange County Charter • Article II. – Sec. 202 – Commission districts. • There must be six commission districts of contiguous territory as nearly equal in population as practicable. The districts shall be reconsidered after each decennial census and adjusted by the board after one or more public hearings. 8 3
EQUAL POPULATION 9 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 10 RACIAL AND LANGUAGE MINORITIES 11 4
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 diluting minority voting strength. • At Large v. Single Member • Osceola County Example 12 RACIAL AND LANGUAGE MINORITIES CONT. • Thornberg v. Gingles – 3 Preconditions Required for Showing of Discrimination: • 1. Minority is sufficiently large and compact to constitute a majority district. • 2. Minority is politically cohesive • 3. Absent special circumstances, block voting by white majority usually defeats minority candidate 13 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 14 5
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