Redistricting and Reapportionment

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    Ohio Voters Reject Ban on Partisan Gerrymanders

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    Voters in Ohio rejected a ban on partisan gerrymandering of state legislative and congressional districts on Tuesday, according to The Associated Press, after a ferocious battle that included accusations of political trickery.The Ohio ban was perhaps the most closely watched in an unusually consequential list of democracy-related issues presented to voters in ballot initiatives and amendments to state constitutions.Before the proposed amendment appeared on voters’ ballots, polls showed that the idea had broad approval among the state’s voters. But Republicans, who dominate Ohio politics, pushed back, crafting what critics called a misleading summary of the proposal that appeared on the ballots. It said the measure would establish a “taxpayer funded” commission that would be “required to gerrymander the boundaries of state legislative and congressional districts.”The Ohio Supreme Court’s four Republicans voted to uphold the language; the three Democrats voted to strike it down. More

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      With Robinson Candidacy, North Carolina Republicans Fear Damage to Years of Gains

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      Explosive posts by the Republican candidate for governor, Mark Robinson, are sending waves of anxiety through a state party that has long been tactical and disciplined.The great Republican wave that swept the South starting in the late 20th Century — the very wave that Lyndon Johnson predicted after signing the Civil Rights Act in 1964 — came relatively late to North Carolina. But when it finally hit in 2013, with Republicans controlling both the legislature and the governor’s mansion for the first time since Reconstruction, it did so with breathtaking force. Led by a group of savvy, tactically skilled state lawmakers, North Carolina Republicans set out to undo decades of center-left policy enshrined by Democrats, and to remake the rules of the political game in their favor.They engaged in gerrymandering that ensured the party a near-lock on the state legislature and lopsided control of the state’s House delegation in Congress. They paved the way for a conservative state Supreme Court that upheld a strict voter ID law. And after gaining a veto-proof majority last year, they banned most abortions after 12 weeks of pregnancy.And while Republicans lost the governorship in 2016, they had harbored hope of winning full control of state government again this year, bringing North Carolina in alignment with most other Southern states.Then came Mark Robinson.Long before this week, when CNN reported that Mr. Robinson had called himself a “black NAZI!,” discussed his pornography habits and praised slavery in an adult online forum, the bellicose Republican nominee for governor (and current lieutenant governor) was polling poorly against his Democratic rival, Josh Stein.But now more than ever, Mr. Robinson, with his antisemitic and anti-gay rhetoric and performative, polarizing brand of politics, is sending waves of anxiety through the state party.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Appeals Court Further Narrows Voting Rights Act’s Scope

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      Reversing decades of precedent, the U.S. Court of Appeals for the Fifth Circuit ruled in a Texas case that different minority groups cannot jointly claim that their votes have been diluted.A federal appeals court further narrowed the scope of the 1965 Voting Rights Act, ruling that members of separate minority groups cannot join together to claim that a political map has been drawn to dilute their voting power.The 12-to-6 ruling on Thursday by the full Fifth Circuit Court of Appeals overturned almost four decades of legal precedent, as well as an earlier ruling by a three-judge panel of the same appeals court. It applies only in Louisiana, Mississippi and Texas, the three states where the court has jurisdiction, but the decision has national implications and may be appealed to the Supreme Court.The case involved districts for county commissioners in Galveston County, Texas, a community of about 350,000 people, where the last round of redistricting redrew a district in which Black and Hispanic voters together made up a majority of voters. The redrawn boundaries reduced their combined share of the district’s electorate to 38 percent, and a lawsuit claimed that doing so violated Section Two of the Voting Rights Act, which prohibits drawing maps that dilute minority voting power.A lower court and the three-judge appellate panel both ruled that the new map was a clear violation of the law. But the full Fifth Circuit disagreed, saying that the law does not explicitly allow voters from more than one minority group to “combine forces” to claim their votes were diluted.The 12 judges in the majority were all appointed by Republican presidents. Five of the six dissenters were named by Democratic presidents. More

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      Supreme Court Sides With Republicans Over South Carolina Voting Map

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      The case concerned a constitutional puzzle: how to distinguish the roles of race and partisanship in drawing voting maps when Black voters overwhelmingly favor Democrats.The Supreme Court cleared the way on Thursday for South Carolina to keep using a congressional map that a lower court had deemed an unconstitutional racial gerrymander that resulted in the “bleaching of African American voters” from a district.The vote was 6 to 3, with the court’s three liberal members in dissent.A unanimous three-judge panel of the Federal District Court in Columbia, S.C., ruled in early 2023 that the state’s First Congressional District, drawn after the 2020 census, violated the Constitution by making race the predominant factor.The panel put its decision on hold while Republican lawmakers appealed to the Supreme Court, and the parties asked the justices to render a decision by Jan. 1. After that deadline passed, the panel said in March that the 2024 election would have to take place under the map it had rejected as unconstitutional.“With the primary election procedures rapidly approaching, the appeal before the Supreme Court still pending and no remedial plan in place,” the panel wrote, “the ideal must bend to the practical.”In effect, the Supreme Court’s inaction had decided the case for the current election cycle.The contested district, anchored in Charleston, had elected a Republican every year since 1980, with the exception of 2018. But the 2020 race was close, with less than one percentage point separating the candidates, and Republican lawmakers “sought to create a stronger Republican tilt” in the district after the 2020 census, the panel wrote.The lawmakers achieved that goal, the panel found, in part by the “bleaching of African American voters out of the Charleston County portion of Congressional District No. 1.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Federal Judges Block Newly Drawn Louisiana Congressional Map

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      A panel of federal judges blocked Louisiana on Tuesday from using a newly drawn congressional map that had been designed to form a second district with a majority of Black voters, creating uncertainty just months before an election that could play a critical role in determining the balance of power in the House of Representatives.The new districts had been outlined in January during a special session of the State Legislature. Lawmakers had been ordered to sketch out the new boundaries after a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit found that the previous map had very likely violated the Voting Rights Act by diluting the voting power of Black residents.But in a 2-to-1 decision released on Tuesday, a separate panel of federal judges sided with challengers who argued that the new map was an “impermissible racial gerrymander” that violates the Equal Protection Clause of the 14th amendment of the U.S. Constitution.The challenge had been brought by a group of residents scattered across the newly formed district who described themselves as “non-African American” voters. They argued that lawmakers had moved to “segregate voters based entirely on their races” and that to achieve that, they had stitched together “communities in far-flung regions of Louisiana.”Critics assailed the ruling on Tuesday, saying that it threatened vital protections for voters of color. “The court’s ruling today unnecessarily puts Louisianians’ right to vote in a very precarious position,” Eric H. Holder Jr., the former U.S. attorney general and current chairman of the National Democratic Redistricting Committee, said in a statement.The court will hold a hearing on May 6 to discuss which boundaries will be used in the coming election.“We will of course be seeking Supreme Court review,” Louisiana’s attorney general, Liz Murrill, wrote on social media. “I’ve said all along the Supreme Court needs to clear this up.” More

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      City of Miami Racially Gerrymandered Voting Districts, Judge Finds

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      The federal judge threw out the city’s voting map, rejecting the rationale that city commissioners have used for more than 20 years.The City of Miami unconstitutionally gerrymandered voting districts by race and ethnicity, a federal judge found on Wednesday, throwing out the city’s voting map and rejecting the way city commissioners have tried to hold on to power for more than two decades.Judge K. Michael Moore of the Federal District Court in Miami wrote that commissioners had used redistricting rationale since 1997 to draw five districts with the explicit intent of having voters elect three Hispanic commissioners, one Black commissioner and one non-Hispanic white commissioner.“Sorting voters on the basis of race, as the city did here, deprives Miamians of the constitutional promise that they receive equal protection under the law,” Judge Moore wrote. “These are the serious harms that the city perpetuated, and Miamians suffered. Today, the court permanently prevents the city from racial gerrymandering any longer.”The ruling comes as scandal has roiled City Hall.Mayor Francis X. Suarez, who briefly sought the Republican presidential nomination, has been dogged by controversies over undisclosed work for clients outside City Hall. Last year, a jury held Commissioner Joe Carollo liable for more than $63 million in damages for siccing inspectors on two businessmen as political retribution.A former commissioner, Alex Díaz de la Portilla, faces bribery and money laundering charges in a case involving a city land deal. (He has pleaded not guilty.) Another former commissioner, Sabina Covo, has been under investigation for bribery. (She has denied wrongdoing.) The city attorney, Victoria Méndez, has been accused in a lawsuit of being involved in a house-flipping scheme with her husband. (She has denied involvement or wrongdoing.)As a result of Judge Moore’s ruling, the city could be forced to hold a special election or to draw a new voting map. The next municipal elections are supposed to take place in November 2025. Commissioners, who are nonpartisan, serve staggered four-year terms.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Defeating Trump Is Just a Start

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      The easy and obvious way to understand the various Republican power grabs underway in states across the country is to look at them as attempts to secure as much unaccountable political power as possible and to curtail the expression of identities and beliefs Republicans find objectionable. That’s how we get the “Don’t Say Gay” laws and attacks on gender-affirming care and aggressive efforts to gerrymander entire state legislatures.But there is another angle you can take on the Republican use of state power to limit political representation for their opponents or limit the bodily autonomy of women or impose traditional and hierarchical gender relations on those who would prefer to live free of them. You could say the point is the cultivation of political despair.Now, it is too much to say that this is premeditated, although you do not have to look hard to find Republican officeholders expressing the belief that political participation should be made more onerous.At the same time, it is hard not to miss the degree to which attempts to nullify popular referendums or redistrict opponents into irrelevance can also work to inculcate a sense of hopelessness in those who might otherwise seek political change. Yes, it is true that many people will push back when faced with a sustained challenge to their right to participate in political life or exercise other fundamental rights. But many people will resign themselves to the new status quo, persuading themselves that nothing has fundamentally changed or concluding that it is not worth the time or effort involved to pick up the fight.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber?  More

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      When It Comes to Disdain for Democracy, Trump Has Company

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      It makes perfect sense to treat Donald Trump as the most immediate threat to the future of American democracy. He has an ambitious plan to turn the office of the presidency into an instrument of “revenge” against his political enemies and other supposedly undesirable groups.But while we keep our eyes on Trump and his allies and enablers, it is also important not to lose sight of the fact that anti-democratic attitudes run deep within the Republican Party. In particular, there appears to be a view among many Republicans that the only vote worth respecting is a vote for the party and its interests. A vote against them is a vote that doesn’t count.This is not a new phenomenon. We saw a version of it on at least two occasions in 2018. In Florida, a nearly two-thirds majority of voters backed a state constitutional amendment to effectively end felon disenfranchisement. The voters of Florida were as clear as voters could possibly be: If you’ve served your time, you deserve your ballot.Rather than heed the voice of the people, Florida Republicans immediately set out to render it moot. They passed, and Gov. Ron DeSantis signed, a bill that more or less nullified the amendment by imposing an almost impossible set of requirements for former felons to meet. Specifically, eligible voters had to pay any outstanding fees or fines that were on the books before their rights could be restored. Except there was no central record of those fees or fines, and the state did not have to tell former felons what they owed, if anything. You could try to vote, but you risked arrest, conviction and even jail time.In Wisconsin, that same year, voters put Tony Evers, a Democrat, into the governor’s mansion, breaking eight years of Republican control. The Republican-led Legislature did not have the power to overturn the election results, but the impenetrable, ultra-gerrymandered majority could use its authority to strip as much power from the governor as possible, blocking, among other things, his ability to withdraw from a state lawsuit against the Affordable Care Act — one of the things he campaigned on. Wisconsin voters would have their new governor, but he’d be as weak as Republicans could possibly make him.It almost goes without saying that we should include the former president’s effort to overturn the results of the 2020 presidential election as another example of the willingness of the Republican Party to reject any electoral outcome that doesn’t fall in its favor. And although we’ve only had a few elections this year, it doesn’t take much effort to find more of the same.I’ve already written about the attempt among Wisconsin Republicans to nullify the results of a heated race for a seat on the state Supreme Court. Voters overwhelmingly backed the more liberal candidate for the seat, Janet Protasiewicz, giving the court the votes needed to overturn the gerrymander that keeps Wisconsin Republicans in power in the Legislature even after they lose a majority of votes statewide.In response, Wisconsin Republicans floated an effort to impeach the new justice on a trumped-up charge of bias. The party eventually backed down in the face of national outrage — and the danger that any attempt to remove Protasiewicz might backfire electorally in the future. But the party’s reflexive move to attempt to cancel the will of the electorate says everything you need to know about the relationship of the Wisconsin Republican Party to democracy.Ohio Republicans seem to share the same attitude toward voters who choose not to back Republican priorities. As in Wisconsin, the Ohio Legislature is so gerrymandered in favor of the Republican Party that it would take a once-in-a-century supermajority of Democratic votes to dislodge it from power. Most lawmakers in the state have nothing to fear from voters who might disagree with their actions.It was in part because of this gerrymander that abortion rights proponents in the state focused their efforts on a ballot initiative. The Ohio Legislature may have been dead set on ending abortion access in the state — in 2019, the Republican majority passed a so-called heartbeat bill banning abortion after six weeks — but Ohio voters were not.Aware that most of the voters in their state supported abortion rights, and unwilling to try to persuade them that an abortion ban was the best policy for the state, Ohio Republicans first tried to rig the game. In August, the Legislature asked voters to weigh in on a new supermajority requirement for ballot initiatives to amend the State Constitution. If approved, this requirement would have stopped the abortion rights amendment in its tracks.It failed. And last week, Ohioans voted overwhelmingly to write reproductive rights into their State Constitution, repudiating their gerrymandered, anti-choice Legislature. Or so they thought.Not one full day after the vote, four Republican state representatives announced that they intended to do everything in their power to nullify the amendment and give lawmakers total discretion to ban abortion as they see fit. “This initiative failed to mention a single, specific law,” their statement reads. “We will do everything in our power to prevent our laws from being removed upon perception of intent. We were elected to protect the most vulnerable in our state, and we will continue that work.”Notice the language: “our power” and “our laws.” There is no awareness here that the people of Ohio are sovereign and that their vote to amend the State Constitution holds greater authority than the judgment of a small group of legislators. This group may not like the fact that Ohioans have declared the Republican abortion ban null and void, but that is democracy. If these lawmakers want to advance their efforts to restrict abortion, they first need to persuade the people.To many Republicans, unfortunately, persuasion is anathema. There is no use making an argument since you might lose. Instead, the game is to create a system in which, heads or tails, you always win.That’s why Republican legislatures across the country have embraced partisan gerrymanders so powerful that they undermine the claim to democratic government in the states in question. That’s why Republicans in places like North Carolina have adopted novel and dubious legal arguments about state power, the upshot of which is that they concentrate power in the hands of these gerrymandered state legislatures, giving them total authority over elections and electoral outcomes. And that’s why, months before voting begins in the Republican presidential contest, much of the party has already embraced a presidential candidate who promises to prosecute and persecute his political opponents.One of the basic ideas of democracy is that nothing is final. Defeats can become victories and victories can become defeats. Governments change, laws change, and, most important, the people change. No majority is the majority, and there’s always the chance that new configurations of groups and interests will produce new outcomes.For this to work, however, we — as citizens — have to believe it can work. Cultivating this faith is no easy task. We have to have confidence in our ability to talk to one another, to work with one another, to persuade one another. We have to see one another, in some sense, as equals, each of us entitled to our place in this society.It seems to me that too many Republicans have lost that faith.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Democrats Plan to Spend Millions to Weaken Republican Supermajorities

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      The party is targeting states with Democratic governors but overwhelming Republican legislative control, effectively battling to win back veto power.Democrats are planning to spend millions of dollars next year on just a few state legislative elections in Kansas, North Carolina, Kentucky and Wisconsin — states where they have little to no chance of winning control of a chamber.Yet what might appear to be an aimless move is decidedly strategic: Democrats are pushing to break up Republican supermajorities in states with Democratic governors, effectively battling to win back the veto pen district by district. Such supermajorities result when a single political party has enough votes in both chambers of a legislature to override a governor’s veto, often, though not always, by controlling two-thirds of the chamber.The extraordinary political dissonance of having a governor of one party and a supermajority of an opposing party in the legislature is one of the starkest effects of gerrymandering, revealing how parties cling to evaporating power.As gerrymanders built by both parties for decades have tipped the scales to favor the party of the map-drawers, legislative chambers have proved resistant to shifting political winds at the state level. At times, those gerrymanders have locked in minority rule in legislatures while statewide offices, like the governor’s, adhere to the desires of a simple majority of voters.Though both parties employed aggressive gerrymanders during the last round of redistricting in 2021, Republicans entered the cycle with a distinct advantage: In 2010, G.O.P.-controlled state legislatures across the country drew aggressive gerrymanders in state governments. Democrats were caught off guard.“The bottom fell out,” said Heather Williams, the interim president of the Democratic Legislative Campaign Committee. “And we’ve been building back since then.”As a result, Republicans now control resilient supermajorities in Kansas, North Carolina and Kentucky, even as Democrats hold the executive branch. And in Wisconsin, Republicans control a supermajority of the State Senate, which can act unilaterally on issues like impeachment, and are just two seats shy of a supermajority in the State Assembly, though last year Gov. Tony Evers, a Democrat, won re-election.The Democratic Legislative Campaign Committee has committed “more than seven figures” of its initial $60 million budget for 2024 to breaking up these four supermajorities, with the caveat that redistricting efforts in North Carolina and Wisconsin could shift resources. “Republicans in these legislatures are not moderate,” Ms. Williams said. “They are governing very extremely, and we need a stopgap, and it is critical that governors have veto power where their legislature and their legislative maps are so gerrymandered.”The only example where the parties are flipped is in Vermont, where a Democratic supermajority in the legislature overrode multiple vetoes by Gov. Phil Scott, a Republican, this year. And in Nevada, Democrats control a supermajority of the State Assembly and are just one vote shy of a supermajority in the State Senate, while Gov. Joe Lombardo, a Republican, was elected in 2022.A spokesman for the Republican State Leadership Committee did not respond to questions about similar strategies for Republicans.Though Democrats have occasionally ventured into conservative-leaning legislative districts, such an extensive foray into fairly hostile territory will be a new challenge, particularly in deeply red states like Kansas where Democratic voters are often ignored during better-funded national campaigns for president. Recruiting candidates to serve in the minority, rather than to play a role in flipping a chamber — a more energizing prospect — can also pose a challenge.But while state legislative elections are often defined by issues as hyperlocal as a traffic intersection or funding for an after-school program, Democrats are also hoping that one critical national issue will help them: abortion.Despite President Biden’s persistent unpopularity, Democrats last week took back the Virginia General Assembly and won the governor’s race in deep-red Kentucky, as well as a majority of this year’s special elections, largely because abortion access was a motivating issue.On the heels of the Supreme Court’s decision to overturn Roe v. Wade last year, Kansas voters rejected an amendment that would have effectively eliminated abortion in the state. But in the Legislature, dominated by Republicans, “we had 21 different bills come up in committee trying to restrict abortion access,” said Jeanna Repass, the chair of the Kansas Democratic Party. “So what that has taught us is that if we can get the messaging out to people, we can get them interested in the fact that they’re not being represented by their legislators.”“When I’m out, I hit them hard with abortion, our public schools and Medicaid, and in that order,” Ms. Repass added.As Democrats invest in trying to climb out of superminority positions, they will face some deep-pocketed state Republicans. Robert Reives, the Democratic minority leader in the North Carolina General Assembly, pointed to two races in 2022 that featured Republican candidates spending roughly $800,000 each to defeat Democratic incumbents.“They had the benefit of having two billionaires that kind of financed a lot of the top line of the campaign and then just kind of went from there,” Mr. Reives said. “Unfortunately, we don’t have billionaires on our side to do that.”Mr. Reives was confident that even with newly drawn maps favoring Republicans, the Democrats would have a chance of breaking the supermajority in the state in 2024, focusing on urban areas like Wake County, home to Raleigh. And he said that while abortion would inevitably be a factor in coming elections, the hyperlocal issue of authorizing casinos in the state is likely to help Democrats claw back a few seats.“They were literally going against every constituency,” Mr. Reives said, referring to broad opposition to casino expansion. Even some Republicans objected to it.One path for Democrats to win back their veto pens can be found in eastern Wisconsin.In 2022, Democrats stared down gerrymandered maps that raised the possibility of a Republican supermajority even as Mr. Evers, the Democratic governor, cruised to a re-election victory.As returns trickled into the party headquarters in Madison, party officials breathed a sigh of relief when Steve Doyle, a 10-year incumbent from La Crosse, defeated his Republican challenger by 756 votes. His race was won not on the airwaves or even necessarily just on the issues, but on the pavement, as Mr. Doyle undertook an extensive door-knocking campaign to meet all of his voters, according to Greta Neubauer, the Democratic minority leader in the Wisconsin Assembly.“This is a Trump-won district that Democrats at the top of the ticket struggle to win,” Ms. Neubauer said. “But he spends a lot of time on his acquisition of voters, and constantly fending off attempts to take him out.” More