About
Learn More about our progressive online community for the Granite State.

Create an account today (it's free and easy) and get started!
Menu

Make a New Account

Username:

Password:



Forget your username or password?


Search




Advanced Search


The Masthead
Managing Editor
Mike Hoefer

Editors
elwood
susanthe
William Tucker
The Roll, Etc.
Prog Blogs, Orgs & Alumni
Bank Slate
Betsy Devine
birch paper
Democracy for NH
Granite State Progress
Mike Caulfield
Miscellany Blue
Pickup Patriots
Re-BlueNH
Still No Going Back
Susan the Bruce
New Hampshire Labor News
Chaz Proulx: Right Wing Watch
Defending New Hampshire Public Education

Politicos & Punditry
The Burt Cohen Show
John Gregg
Landrigan
Pindell
Primary Monitor
Scala
Schoenberg
Spiliotes

Campaigns, Et Alia.
NH-Gov
- Maggie Hassan
- Jackie Cilley
NH-01
- Andrew Hosmer
- Carol Shea-Porter
- Joanne Dowdell
NH-02
- Ann McLane Kuster

ActBlue Hampshire
NHDP
DCCC
DSCC
DNC

National
Balloon Juice
billmon
Congress Matters
DailyKos
Digby
Hold Fast
Eschaton
FiveThirtyEight
MyDD
Open Left
Senate Guru
Swing State Project
Talking Points Memo

50 State Blog Network
Alabama
Arizona
California
Colorado
Connecticut
Delaware
Florida
Idaho
Illinois
Indiana
Iowa
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Missouri
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Rhode Island
Tennessee
Texas
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin

Redistricting: A Simple Question

by: elwood

Sun Mar 25, 2012 at 18:56:58 PM EDT


The House has passed a redistricting plan and Governor Lynch has vetoed it.  The complaints are not really about partisan gerrymandering - the complaints are about acknowledged violations of the state constitution.

Representatives and redistricting scholars across the political spectrum seem to agree: the 2006 amendment to Article 11 of the state constitution makes construction of a plan difficult to impossible - and even the sponsors of the current plan say it doesn't meet that test.

But here's the simple question: now that the legislature has found out the 2006 amendment made things worse, where is the proposed new amendment to undo the damage?

The flip side of the Yankee wisdom: "If it ain't broke, don't fix it" is "When it is broke, try to fix it."

We have all sorts of other amendments in the hopper. Why not a simple one, undoing the 2006 screw-up?

elwood :: Redistricting: A Simple Question
Tags: (All Tags)
Print Friendly View Send As Email

good idea, but... (4.00 / 1)
That's a good idea, but a new amendment wouldn't take effect until it was passed.  That can't happen till the upcoming General Election.  We can't have the election in the first place without a redistricting plan of some sort.

The O'Mirski plan pretty much totally ignores the 2006 amendment anyway.



sitting state rep: running for re-election in 2012.


Understood - (0.00 / 0)
But the problem will never be clearer than it is right now.

And if the legislature has to ask the judiciary for a little extra leeway on the 2012 plan, trying to fix the mess for next time would help demonstrate good faith.


[ Parent ]
When will they have time to ask the judiciary? (4.00 / 2)
Between their war on women, trying to cut down the judiciary, and Right to Work... doesn't sound like these folks are all too interested in getting the jusciary involved in anything.

"We start working to beat these guys right now." -Jed Bartlet

[ Parent ]
I disagree (4.00 / 1)
Its not impossible. Plans and amendments to the current plan were offered that would have been much much better. There is nothing wrong with the 2006 amendment. It protects the rights of towns to their own representation.  

At least some of those plans (0.00 / 0)
took extraordinary steps such as giving different representatives, different numbers of votes (e.g., DinkyTown rep gets 1 vote, BiggerTown rep gets 1.2 votes).

That's a clever solution, but it's a dramatic departure from the way our legislature has worked for 230 years or so. Some folks in both parties are uneasy with the idea.

The 2006 language goes beyond requiring big-enough towns to get their own reps. It also prohibits combining a larger town's fifth seat, with a tiny town.  That appears to be the source of a lot of the difficulty.


[ Parent ]
difficult to impossible ... (4.00 / 5)
This premise hasn't been tested.  Compliance with the 2006 amendment is certainly difficult, but is it impossible?  The House redistricting committee chose early on to follow bad advice from House counsel and require all plans to adhere to a rigid 10% deviation rule. But this is required by neither the state nor the federal constitutions.  Absent a good faith effort to construct a statewide plan compliant with the 2006 amendment's "reasonable deviation" standard, it is premature to judge whether compliance is possible.  

The problem isnt really with the 2006 amendment. (4.00 / 6)

The problem really lies in the fact that both the federal requirement of one person/one vote and the NH 2006 requirement of giving towns their own reps when warranted conflict with the far older and not longer feasible requirement that towns and wards remain intact at all times.

It is simply impossible to  do all three things.

What I would suggest is that an amendment be drafted that gives priority in descending order to

A one person one vote
B small districts
C keeping towns and wards intact to the greatest extent possible, but only after meeting A and B .

Doing so would eliminate multi-member district and floterials-- two absurdities that make a mockery of the concept of a 400 person citizen legislature.

I have a way to do this and will suggest it when there is a new legislative session. It is way too late to submit an amendment to the constitution in this session and anyway I think that amending the constitution is something best done by a legislature with a significantly smaller group of radical right wing extremists, ie after November .

In a similar vein, I think it is time to completely rethink the whole concept of who does redistricting. Other states have gone to a model of a independent redistricting commission. We should examine the experience there and see if it would fit NH.

"But, in the unlikely story that is America, there has never been anything false about hope." Si se puede. Yes we can.  


One other point about 2006 Amendment (4.00 / 2)

We would probably be in far worse shape without it. As it is, it forced the breaking up of a number of large multi member districts, even under the GOP leadership plan. (They are correct in saying that their plan has far less huge districts that the 2002 court plan, although they neglect to mention that they redistricted in 2004 and left all the huge districts that served their purpose of denying democratic voters representation.)

Large districts enable gerrymandering and enough smaller districts make it almost impossible to pull off to any appreciable extent.


"But, in the unlikely story that is America, there has never been anything false about hope." Si se puede. Yes we can.  


[ Parent ]
The problem is with the floterial districts in the amendment (4.00 / 2)
A One person-one vote is good.
B Small districts are good.
C In rural areas, keeping communities of towns together (school districts, watershed areas, local market areas) is as important as keeping larger towns intact.

The amendment, and specifically the provision for floterial districts which it contains, dismembers those communities. The small-town populations are shuffled wherever they they are useful to create a district of the right size meet deviation requirements for an overlying floterial.

Floterials turn into huge and awkward conglomerations of towns. Who will want to run in these groupings sharing nothing but bits of borders?

Republican leadership brags about the number of new districts that their plan includes. Half of these new districts are floterials that represent not a smaller and homogenious groupings of towns, but combinations of already ungainly groupings of towns.

I will support a more responsible amendment that provides for communities of interests of small towns as well as representation of larger towns and cities.


[ Parent ]
If you really had 400 separate single member districts, it would go a long way toward providing for communities of interst of small towns. (4.00 / 3)


"But, in the unlikely story that is America, there has never been anything false about hope." Si se puede. Yes we can.  

[ Parent ]
Fair enough - (0.00 / 0)
There's a reasonable case for not starting the amendment process now, and just going back to status quo ante isn't the best choice.

Thanks for weighing in.  


[ Parent ]
like Vermont (4.00 / 2)
Vermont has roughly 600,000 residents, served by 150 state reps.  That's roughly 1 rep per 4,000 people--- not that much more than NH's 3291 per capita.

VT has all 1 or 2 person districts, which across county lines.  You can split towns into  multiple pieces, although this is avoided whenever possible.

Their deviation is still way more than Mirski's plus or minus 5.  That goal is inachievable without "megadistricts."


sitting state rep: running for re-election in 2012.


[ Parent ]
Other redistricting plans have been proposed (4.00 / 2)
As I recall, there is at least one very good proposal that gives their own reps to 95% of all towns that should have one under the constitution. The plan the Republicans favored and voted for has a far lower percentage of compliance with the constitution, for no good reason.

I don't think we should repeal the amendment. I think we should hold out for a plan that complies with it, to a reasonable degree. 95% would be reasonable. The current plan is not.


A thought on how it could be handled (0.00 / 0)
The amendment and federal law are in place right now, so those are going to have to be handled no matter what. But here's a thought for a future revision of the amendment: leave it mostly as-is, in terms of what it mandates, but add in the caveat: if full compliance with this amendment and federal law is not possible, then the plan presented by any member of the legislature with the smallest number of citizens living in non-compliant districts shall be automatically accepted.

Bam. You can gerrymander and tweak all you want, but if someone else can come up with a map that puts fewer people into non-compliant districts, they automatically win. The map instantly goes to whoever can put the most people into compliant districts. If somebody tries to get cute with what constitutes a compliant district, you go right to the court, which has the final say. As a side benefit, both sides can take advantage of crowdsourcing and a completely open process; there's no question about whether a redistricting commission is really independent, much less questions about a map being deliberately partisanly created.

Only the left protects anyone's rights.



Connect with BH
     
Blue Hampshire Blog on Facebook
Powered by: SoapBlox