What Ohio can learn from California to eliminate gerrymandering
September 06, 2017
CLEVELAND, Ohio - Ohio might look to California for a solution to its gerrymandering problem.
The Golden State has succeeded in removing politicians from the drawing of congressional district boundaries, something Ohio lawmakers have refused to do.
So, Californians end up with districts designed to reflect the common interests of their communities, unlike many Ohioans whose districts only reflect the re-election interests of politicians and their parties.
Which process sounds better to you?
The Ohio way
In Ohio, new congressional maps are drawn after each census, with the approval of the Ohio House, Ohio Senate and the governor.
The Republicans controlled the process the last two times, creating the maps used for the 2002-10 and 2012-20 elections. Before then, party power was split; but the boundaries always were drawn by politicians.
The California way
A 14-member independent commission – no elected officials allowed - draws the congressional district lines in California.
The method was established by a voter referendum in 2010, with 61 percent of California’s voters approving what was dubbed the “
Voters First Act for Congress.”
"The representatives don't choose their voters anymore," said
Sherry Bebitch Jeffe, an expert on politics and elections, and a senior fellow at the USC Price School of Public Policy.
Jeffe's view is shared by Helen Hutchinson, president of the League of Women Voters of California.
Before reform, the elected leaders who worked redistricting maps were "just trying to protect people who were incumbents," she said. "While it was the Democats who were doing the drawing, they were probably just as good at protecting the Republican incumbents as they were Democrats."
If not elected, how is the commission chosen?
The All About Redistricting website, an encyclopedia of sorts on the topic by Loyola of California law professor Justin Levitt,
outlines the selection process this way:
- A panel of three state auditors creates a pool of 60 potential commission members - 20 Democrats, 20 Republicans and 20 people who are neither Democrat nor Republican.
- The four legislative leaders – two Democrats and two Republicans – may then each cut two people from the pool.
- From the remaining 52 to 60 candidates, three commission members are randomly chosen from the group of Democrats, three are randomly chosen from the group of Republicans and two from the group of independents.
- The first eight members chosen for the commission then add six others from the field – two Republicans, two Democrats and two from neither party - to reflect the diversity of the state.
Who cannot serve on the commission?
California’s commission takes the no-politician business seriously. It bars current politicians, former politicians and pretty much anyone who even thinks about becoming a politician.
Here are some of the key restrictions:
- No elected officials.
- No one who has changed party affiliation in the last five years.
- No one who within 10 years has been a candidate for a federal or state office, or a member of a party's central committee.
- No one with an immediate family member who in the last 10 years has been a candidate for federal or state office, or a member of a party's central committee.
- No officer, employee or paid consultant to a federal or state party candidate.
One more way to limit one party's control.
Approval of California’s congressional maps requires at least three Democrat votes, three Republican votes and three votes from people who are not affiliated with either party.
The map drawn in 2011 was approved by the commission in a 12-2 vote.
In the event of a stalemate, the California Supreme Court selects a group to draw the map.
Do the voters have any say?
California voters do have a say if they don’t like the map the commission creates. The map can be challenged through a referendum.
This was attempted in 2012, but the group behind the effort failed to get enough signatures to force a vote on the congressional maps.
Enough signatures were collected on a similar effort to question the maps for state Senate districts. The campaign to overturn the state Senate maps received financial backing from the state Republican Party.
At the ballot, however, voters
overwhelming decided to keep the commission’s map-drawing work in place – by a vote of 72 percent to 28 percent.
What criteria must the commission use?
California’s districts are supposed to be compact and communities with shared interests should be kept together.
This extends beyond consideration of just city or county lines. A community could mean an industrial area, a farm area, an area of similar living standards, or an area with similar transportation patterns.
Ohio’s current congressional map would never pass this California requirement:
"a contiguous population which shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation. Examples of such shared interests are those common to an urban area, an industrial area, or an agricultural area, and those common to areas in which the people share similar living standards, use the same transportation facilities, have similar work opportunities, or have access to the same media of communication relevant to the election process."
Ohio uses no geographic criteria. This is why communities and counties have been split in crazy ways to create districts that stretch more than 100 miles in some cases - merely to maximum the votes for one party or the other.
In California
, creating districts that represented community interests was more important than creating competitive races, said the League of Women Voters' Hutchinson.
"People talk a lot about competitive seats," Hutchinson said. "We didn’t put that in as a criteria. But you now have communities who have a chance to elect people who represent them. You tend to live near people who are like you."
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