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    No Rest Between Censuses for Congressional Mapmakers

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    What used to be a once-a-decade redistricting fight between political parties is now in perpetual motion, and up to 29 seats in 14 states are already at risk of being redrawn.WASHINGTON — For just about all of the nation’s history, politicians would fight over redistricting for a short period after each once-a-decade census, then forget about congressional maps until the next reapportionment.Now, a string of lawsuits and in-the-works state referendums are poised to redefine the battles over state legislative and congressional lines and leave the country in a state of perpetual redistricting.The dynamic is an escalation of the scattered redistricting battles over the last decade. Not since 2012 and 2014 have all 50 states’ congressional lines remained constant for consecutive elections, a streak unlikely to be broken next year. The National Democratic Redistricting Committee estimates that up to 29 seats in 14 states could be redrawn based on lawsuits that have already been filed. Scores more seats could change if the Supreme Court rules later this year that state legislators have ultimate authority to draw the lines.To prepare for those fights, the party’s redistricting committee is changing its leadership for the first time since its formation in 2017. Kelly Burton, the committee’s president, is leaving to join its six-member board and is being replaced by John Bisognano, who has been executive director. Marina Jenkins, who has served as the committee’s litigation director, will succeed Mr. Bisognano as executive director.“People used to think about staff that worked on redistricting as redistricting cicadas that come out every 10 years,” Mr. Bisognano said in an interview Thursday. “We need to keep this movement alive and growing in order to continue to fight back against the gerrymandering that we see coming.”Mr. Bisognano, a 38-year-old Massachusetts native, worked as a clubhouse manager for the minor league baseball team that used to play in Pawtucket, R.I., before beginning his political career as an organizer on Barack Obama’s 2008 campaign. He later worked in the Obama White House and joined the Democratic redistricting committee shortly after it formed in 2017.Mr. Bisognano, the new president of the National Democratic Redistricting Committee, and Marina Jenkins, its new executive director.Alyssa Schukar for The New York TimesThe Democratic redistricting committee and its Republican counterpart, the National Republican Redistricting Trust, both emerged in 2017, as the two parties prepared for the redistricting cycle that would follow the 2020 census. That cycle was itself a shift from how redistricting business had been done before, when it was chiefly a concern of the Democratic and Republican National Committees. Both redistricting organizations are remaining intact for the 2020s, as the political and legal fights persist, and lines that in past decades would have been considered fixed are now subject to change.“It was something that the party committees used to do themselves — the D.N.C. and the R.N.C. both had it in-house for a long time,” said Adam Kincaid, the president and executive director of the Republican redistricting organization. “It was time for organizations to have a full-time eye on this versus just having one or two staff working on it part time.”Republicans, led by a super PAC run by Ed Gillespie, outflanked Democrats in 2010 to flip control of 20 state legislative chambers just before new congressional and state legislative districts were to be drawn. That gave Republicans a firm grip on the House that didn’t give way until 2018, when President Donald J. Trump alienated suburban voters who had previously voted for G.O.P. candidates.Politics Across the United StatesFrom the halls of government to the campaign trail, here’s a look at the political landscape in America.Yielding to Conspiracy Theories: Five Republican-led states have severed ties with a bipartisan voting integrity group, one that has faced intensifying attacks from election deniers and right-wing media.Asian Americans: In the New York governor’s election last year, voters in Asian neighborhoods across New York City sharply increased their support for Republicans. The shift is part of a national trend.The MAGA-fication of a College: North Idaho College trustees vowed to root out the school administration’s “deep state.” A full-blown crisis followed, and the school’s accreditation is now at risk.Chicago Mayor’s Race: The mayoral runoff pits two Democrats against each other who are on opposite sides of the debate over crime and policing — a divide national Republicans hope to exploit.By then, Mr. Obama, along with his attorney general, Eric H. Holder Jr., had created the Democratic redistricting organization in the waning days of his presidency. Mr. Holder will most likely head to Wisconsin this month to campaign for Janet Protasiewicz, the liberal state supreme court candidate there, while Mr. Obama is hosting a March fund-raiser for the committee that will have as a “special guest” Representative Nancy Pelosi, the former Democratic House speaker.“For the past six years, the National Democratic Redistricting Committee has done the hard work of redrawing and reinstating district maps to make them more fair,” Mr. Obama said in a statement. “Their work has meant the difference between victory and defeat, and our democracy is in stronger shape because of what they have accomplished.”Barack Obama helped create the Democratic redistricting organization in the waning days of his presidency.Alyssa Schukar for The New York TimesThe next movement on redistricting is likely to come in Ohio and North Carolina, where Republicans who control the state governments are poised to redraw congressional maps to give their party an added advantage. Texas lawmakers are also redrawing their maps.Democrats have challenged maps in four states — Alabama, Louisiana, Georgia and Texas — for violating Section 2 of the Voting Rights Act that prohibits racial discrimination. Democrats have also filed a lawsuit in state courts in their effort to undo congressional maps in Florida and Utah.In New Mexico, Republicans are suing to overturn congressional district maps.And the outcome of the Wisconsin Supreme Court election in April will determine whether a Republican-drawn gerrymander of state legislative lines survives. Four other states — Michigan, North Carolina, Ohio and Pennsylvania — have state Supreme Court elections in the next five years that could shift the balance of power and change how district lines are drawn.In those five years, control of the Michigan court, on which liberals now hold a 4-3 majority, could change three times.“We started this project six years ago because American voters deserved fair maps that represent our diverse communities — and we needed a coordinated strategy to make that happen,” Mr. Holder said. “The threat to fair maps continues and so must N.D.R.C.’s work.”In addition to elections for governors, state Supreme Court justices and legislators, ballot referendums are another area that the national parties’ state legislative committees are targeting.Florida, Missouri and Oklahoma all have legislation pending that would make passing a voter-driven referendum harder. Republicans in South Dakota and several other states tried similar threshold increases last year, but voters rejected them.Mr. Bisognano said the Democratic redistricting committee would also keep a focus on maintaining the integrity of the 2030 census after Trump administration officials tried to meddle in the 2020 census in order to achieve a favorable outcome for Republicans.“It came and went very quickly, and Covid obviously had an interesting and significant impact on the census, but so did Donald Trump,” Mr. Bisognano said.The Supreme Court could also sharply increase the power that state legislators have over drawing congressional districts. However, justices hinted this week that they might duck making a ruling on the case, known as Moore v. Harper.Even without a major Supreme Court decision, just seven states have laws that forbid mid-decade congressional districting, leaving the others to draw new maps when state legislators desire. Six more states prohibit new state legislative lines to be drawn in between censuses.A Supreme Court ruling that state legislators have ultimate control over federal redistricting would remove any stability from the redistricting process, Mr. Bisognano said.“If you add on the reality that these folks could redraw their maps and have no checks and balances in any capacity, that’s a pretty grim prospect for the ability for citizens to have fair maps,” he said. More

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      Democrats Say They Are Serious About State Elections. But Are They Too Late?

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      State-level races are becoming a central focus of American politics as the lasting effects of new congressional maps and election laws raise the stakes.Late on Nov. 8, 2016, the mood inside President Barack Obama’s West Wing turned grim. Hillary Clinton was coming up short. The realization was growing that Donald J. Trump would be elected president.Suddenly, David M. Simas, Mr. Obama’s political director, pumped his fist and called out, “Yes!”A cautious, cerebral lawyer, Mr. Simas was not known for attention-getting exultation. Asked why he was cheering, he deadpanned: “We just won a North Carolina Supreme Court seat.”Incongruous as it was, the moment of triumph in a relatively minor contest reflected a growing concern among Democratic leaders, all the way up to Mr. Obama, that their party needed a more assertive strategy for the end-of-decade redistricting fights to come. But as Democrats awakened to the depth of their plight, they found that learning to think small was easier said than done: Hopes of big gains at the state level in 2020, a crucial year for redistricting, did not materialize. Liberal voters showed they were less hungry to win those races than they were to oust Mr. Trump.Now, however, state-level contests like those for governor’s offices, legislatures and courts are suddenly moving from the periphery to the center of American politics. And the ongoing tussle over political maps is just one front in a larger conflict: As Mr. Trump pushes his false claims of a stolen 2020 election, what was once seen at most as a decennial scrum for partisan advantage in the provinces of government is transforming, in some Democrats’ minds, into a twilight struggle for the future of American democracy.“We’re at a moment of reckoning in America,” former Attorney General Eric H. Holder Jr. said during a recent fund-raising event for the National Democratic Redistricting Committee, a group he formed that became the primary locus of Mr. Obama’s political activity when he left the White House. “I’m not being hyperbolic or alarmist. I think our democracy is on the line.”Fund-raising appeals on behalf of Democratic legislative candidates note the fact that at least six Republican state lawmakers were in Washington on Jan. 6, and that Republican-led states from Arizona to Georgia have passed laws tightening the rules around voting. And revelations about Mr. Trump’s ad hoc efforts to overturn the previous presidential election are fueling fears that in a rematch of 2020, Mr. Trump might conspire with G.O.P. state lawmakers to alter the outcome illegitimately.“We believe the right wing is signaling a strategy to steal the election through state legislatures in 2024,” said Daniel Squadron, a former New York state senator whose group, the States Project, has announced plans to raise $30 million to support Democratic candidates in state legislative races in 2022.Former Attorney General Eric H. Holder Jr., left with microphone, at a Virginia rally in 2019. He formed a group focused on redistricting.Emma Howells for The New York TimesYet it remains to be seen whether such dire warnings will move voters. Selling rank-and-file Democrats on the importance of offices like state senator or state Supreme Court justice has proved daunting. In the 2020 campaign cycle, donors showered Amy McGrath, a doomed Democratic candidate for Senate from Kentucky, with $96 million, dwarfing the $51 million raised by the national Democratic Party committee responsible for aiding candidates for legislative seats in all 50 states. And Democrats tend to suffer disproportionately from “roll-off,” a phenomenon in which voters fail to complete their ballots, withholding their votes from candidates at the bottom of the ticket.“It feels very much like climbing uphill, pushing a rock while your arms are melting,” said Amanda Litman of the liberal group Run for Something, which recruits young people to run for state and local office.Redistricting at a GlanceEvery 10 years, each state in the U.S is required to redraw the boundaries of their congressional and state legislative districts in a process known as redistricting.Redistricting, Explained: Answers to your most pressing questions about redistricting and gerrymandering.Breaking Down Texas’s Map: How redistricting efforts in Texas are working to make Republican districts even more red.G.O.P.’s Heavy Edge: Republicans are poised to capture enough seats to take the House in 2022, thanks to gerrymandering alone.Legal Options Dwindle: Persuading judges to undo skewed political maps was never easy. A shifting judicial landscape is making it harder.Gaby Goldstein, co-founder of Sister District, a grass-roots organization that supports progressive candidates in state legislative races, noted that conservatives have mobilized around state politics for decades. “I always say that Democrats are tardy to the party,” she said.The Democratic Party’s belated interest in lower-tier races grew out of its bruising experience in 2010, when Republicans rode an anti-Obama backlash to oust hundreds of Democratic incumbents nationwide. Spending just $30 million, Republicans flipped 680 state legislative seats and 20 chambers, a stunning victory that put them in position to redraw election maps and entrench their hold over those states — and their congressional delegations — for a decade.“Democrats were frankly unprepared during that cycle,” said Kelly Ward Burton, who at the time was running House Democrats’ campaign committee. Now the president of Mr. Holder’s redistricting committee, Ms. Burton has been working closely with several Democratic campaign groups in hopes of a different outcome from the current round of redistricting.Part hardball politics and part good-government activism, the groups’ strategy has been to break up G.O.P. “trifectas” where possible — reducing the number of states where Republicans enjoy full control of the redistricting process because they hold the governorship and majorities in both legislative chambers. They also ask candidates for state and federal offices to pledge support for “fair redistricting that ends map manipulation and creates truly representative districts,” an aspiration that is sometimes in tension with more partisan goals.Midway through the current redistricting brawl, the results of those Democratic efforts are mixed.The long-troubled Democratic Legislative Campaign Committee became a force under new leadership in 2016, setting up the party to take six chambers in the 2018 midterm elections. Since 2017, Democrats have flipped 10 governor’s offices, including in the battlegrounds of Michigan, Nevada, Pennsylvania and Wisconsin, and picked up seven state Supreme Court seats. Five states have passed nonpartisan redistricting reforms, putting map-drawing in the hands of independent commissions.But the blue wave that Democrats were counting on in 2020 never washed ashore. Although Democratic groups spent record amounts trying to win back G.O.P.-held statehouses, their party ended last year worse off, losing both chambers in New Hampshire. As a result, Republicans not only kept control of prizes like the Arizona, Michigan, Pennsylvania and Wisconsin legislatures, but they also have retained the power to draw maps for 187 congressional districts, while Democrats control the fate of just 75.As a result, Democrats’ hopes of keeping the House may rest on legal challenges to maps that Republican-led states have already approved. And a 2019 Supreme Court ruling, which put partisan gerrymandering claims beyond the purview of federal courts, ensures that state courts will be the main arena for such lawsuits.In 2019, Democrats lost a crucial state Supreme Court contest in Wisconsin by fewer than 6,000 votes, cementing the body’s conservative majority. But the election of liberal judges in North Carolina and Ohio has given Mr. Holder’s group, and other liberal outfits allied with it, at least a chance to win in court what Democrats lack the power to achieve in Republican-dominated legislatures.Tim Butler, a Republican state lawmaker in Illinois. Aggressive gerrymandering in the state could net Democrats at least one additional House seat.Justin L. Fowler/The State Journal-Register, via Associated PressElsewhere, high-minded sentiments are yielding to the demands of brass-knuckle politics. Many Democrats cheered the aggressive gerrymandering in Illinois, where maps approved by Gov. J.B. Pritzker could net them at least one additional House seat, and they are urging a similar approach in New York, where a Democratic supermajority may seek to gerrymander its way to capturing as many as four seats currently held by Republicans.None of which is lost on Republicans. “Democrats pretend to be for ‘fair maps,’ but they use every advantage they get,” said Andrew Romeo, a spokesman for the Republican State Leadership Committee.Understand How U.S. Redistricting WorksCard 1 of 8What is redistricting? More