WHAT IS REDISTRICTING. AND WHAT IS THE IMPACT ON MY COUNTY?

Transcription

1 WHAT IS REDISTRICTING. AND WHAT IS THE IMPACT ON MY COUNTY? Linda Ford Director Of Elections Secretary Secretary of of State State Brian Brian P. P. Kemp Kemp

2 RE-What? Tells how many reps Tells which voters they represent Reapportionment is the process of using a state s population to decide how many representatives it gets. Redistricting is the process of redrawing legislative district lines.

3 WHY IS REAPPORTIONMENT NECESSARY? U.S. CONSTITUTION IN ARTICLE 1, SECTION 2, MANDATES A CENSUS EVERY TEN YEARS FOR PURPOSES OF ALLOCATING U.S. CONGRESSIONAL SEATS AMONG THE STATES BASED ON POPULATION.

4 FOR DECADES, CONGRESS EQUALIZED THE POPULATION THAT EACH HOUSE SEAT REPRESENTED BY JUST INCREASING THE NUMBER OF SEATS IN THE HOUSE OF REPRESENTATIVES.

5 FINALLY, THE NUMBER OF SEATS WAS FIXED AT 435. NOW A FORMULA IS APPLIED THAT MINIMIZES THE DIFFERENCE IN POPULATION AMONG ALL CONGRESSIONAL DISTRICTS THROUGHOUT THE UNITED STATES.(previous map)

6 New Map after 2010 Census

7 THESE 435 SEATS ARE (RE)APPORTIONED AMONG THE STATES AFTER EACH DECENNIAL CENSUS. THEN, EACH STATE REDISTRICTS THE CONGRESSIONAL SEATS WITHIN THEIR STATE TO EQUALIZE THEIR POPULATION. Georgia s 2010 Congressional Districts

8 New Congressional Map Georgia s current Congressional Districts

9 What Elections are Affected? A SERIES OF COURT DECISIONS HAVE MADE THE EQUAL POPULATION REQUIREMENT APPLICABLE AT ALL LEVELS OF GOVERNMENT WHERE THE ELECTED OFFICIALS ARE ELECTED BY DISTRICT.

10 Requirements of Redistricting THERE ARE TWO LEGAL REQUIREMENTS FOR REDISTRICTING. 1. ONE PERSON/ONE VOTE. THE IDEAL DISTRICT SIZEFOR EACH DISTRICT IS CALCULATED BY DIVIDING THE TOTAL POPULATION OF THE JURISDICTION BY THE NUMBER ELECTED BY DISTRICT.

11 Requirements of Redistricting Q. CAN DISTRICTS DEVIATE FROM THIS IDEAL DISTRICT SIZE? A. CONGRESSIONAL DISTRICTS SHOULD BE AS CLOSE TO ZERO DEVIATION AS IT IS PRACTICABLE TO ACHIEVE.

12 Requirements of Redistricting LEGISLATIVE AND LOCAL DISTRICTS ARE ALLOWED MORE LEEWAY WITH REGARD TO HOW MUCH THEY VARY FROM THE IDEAL DISTRICT SIZE. THESE DEVIATIONS CANNOT EXCEED A 10% DEVIATION RANGE FROM THE SMALLEST TO THE LARGEST DISTRICT.

13 Requirements of Redistricting 2. PLANS CANNOT VIOLATE THE 1965 VOTING RIGHTS ACT. SECTION 2OF THE VOTING RIGHTS ACT MANDATES THAT A REDISTRICTING PLAN NOT HAVE THE PURPOSE OR THE EFFECT OF DILUTING MINORITY REPRESENTATION.

14 Requirements of Redistricting SECTION 5OF THE VOTING RIGHTS ACT MANDATES THAT ALL REDISTRICTING PLANS BE SUBMITTED TO THE U. S. DEPT OF JUSTICE FOR PRECLEARANCE REVIEW TO ENSURE THAT THE PROPOSED PLAN DOES NOT RETROGRESSIN MINORITY REPRESENTATION FROM THE PREVIOUS PLAN.

15 Requirements of Redistricting PRECLEARANCE IS A MAJOR PART OF THE REDISTRICTING PROCESS. THE DEPT OF JUSTICE HAS 60 DAYS TO REVIEW ANY CHANGE AFFECTING ELECTIONS. AT ANY TIME DURING THIS TIME, THE DEPT OF JUSTICE CAN REQUEST ADDITIONAL INFORMATION AND THEN HAS AN ADDITIONAL 60 DAYS FOR REVIEW WHEN IT RECEIVES THE REQUESTED INFORMATION.

16 Requirements of Redistricting THEREFORE, STATES, COUNTIES AND CITIES HAVE TO BUILD A MINIMUMOF 120 DAYS INTO THEIR REDISTRICTING AND/OR ELECTION SCHEDULE FOR THE PRECLEARANCE PROCESS. County Registrars won t move voters before DOJ approval

17 SPRING THRU SUMMER, 2011 THE LEGISLATIVE COMMITTEES DEVELOPED PLANS FOR: THE STATE HOUSE STATE SENATE U.S. CONGRESS THE NEW DISTRICTS ARE TO COMPLY WITH THE ONE PERSON/ONE VOTE GUIDELINES.

18 SPRING THRU SUMMER, 2011 SOME CITIES WITH ELECTIONS IN THE FALL OF 2011 HAVE ALSO BEEN DRAWING NEW CITY WARD LINES THAT EQUALIZE POPULATION.

19 CITIES CAN REDISTRICT THEMSELVES BY HOME RULE AFTER RECEIPT OF THE CENSUS DATA AND ADOPTING A LOCAL ORDINANCE. THESE PLANS MUST THEN BE SUBMITTED TO THE U.S. DEPT OF JUSTICE. THIS STATE LAW WAS PASSED TO ALLOW CITIES TO REDISTRICT AND OBTAIN PRECLEARANCE IN TIME FOR 2011 ELECTIONS.

20 Commissions and School Boards COUNTY COMMISSIONS AND SCHOOL BOARDS MUST REDRAW THEIR DISTRICTS BY HAVING A LOCAL BILL ADOPTED BY THE LEGISLATURE AND SIGNED BY THE GOVERNOR. (26 counties had such legislation passed in the special session-the remainder will be addressing this early in 2012) THESE PLANS MUST THEN BE SUBMITTED TO THE U.S. DEPT OF JUSTICE.

21 LATE SUMMER, 2011 LEGISLATIVE SPECIAL SESSION WAS CALLED TO ADOPT NEW CONGRESSIONAL, STATE SENATE AND STATE HOUSE PLANS. PLANS WERE SIGNED BY THE GOVERNOR SEPTEMBER 7, 2011

22 FALL, 2011 STATE WILL PREPARE THE SECTION 5 PRECLEARANCE PACKAGE AND SUBMIT TO THE JUSTICE DEPT. OR STATE HAS OPTION OF SUBMITTING PLAN TO THE U. S. DISTRICT COURT IN WASHINGTON, D.C.

23 REGULAR SESSION 2012 ONE OR MORE OF THE PLANS COULD BE MODIFIED OR REPLACED IN RESPONSE TO OBJECTIONS FROM THE JUSTICE DEPT OR THE U.S. DISTRICT COURT OR IN RESPONSE TO A LAWSUIT.

24 REGULAR SESSION 2012 LOCAL REDISTRICTING PLANS (Counties as well as municipalities) WILL BE PASSED DURING THIS SESSION AS LOCAL LEGISLATION. THESE PLANS WILL HAVE TO BE SIGNED BY THE GOVERNOR AND SUBMITTED TO THE JUSTICE DEPT.

25 POST REGULAR SESSION, 2012 INDIVIDUALS OR PARTIES COULD FILE A LAWSUIT AGAINST ANY OF THE PLANS ASKING FOR AN INJUNCTION TO STOP THE PLAN(S) FROM BEING IMPLEMENTED.

26 POST REGULAR SESSION, 2012 IF GRANTED, THERE ARE SEVERAL DIFFERENT SCENARIOS THAT COULD TAKE PLACE. THE FEDERAL COURT WILL DECIDE HOW TO PROCEED WHICH COULD INCLUDE ITS DRAWING ITS OWN PLAN AND MODIFYING THE ELECTION SCHEDULE. THIS RESULTS IN GREAT UNCERTAINTY AND INCREASED PRESSURE FOR ELECTION OFFICIALS WHO WILL IMPLEMENT THE PLAN.

27 REGULAR SESSION, 2013 IT IS QUITE POSSIBLE THAT THE BOUNDARIES OF THE CONGRESSIONAL, SENATE OR HOUSE DISTRICTS WILL CONTINUE TO BE MODIFIED IN RESPONSE TO LEGAL CHALLENGES OR AS THE RESULT OF THE DESIRES OF THE LEGISLATURE. LOCAL REDISTRICTING BILLS WILL CONTINUE TO BE PASSED AS LOCAL LEGISLATION. Cities may wait until 2013 to address new plans as most do not have another muni election in 2012.

28 2014 ELECTION CYCLE IT IS STILL POSSIBLE THAT BOUNDARIES WILL BE CHANGED FOR SOME PLAN(S). IN 2004, FEDERAL COURT DREW PLANS FOR THE STATE HOUSE AND SENATE. (four years after the census and three years after the original plans were passed in the legislature)

29 REGULAR SESSION 2015 THE FINAL CHANGES TO THE CONGRESSIONAL AND STATE SENATE PLAN WERE ADOPTED IN THE 2005 SESSION. IF THE CURRENT PLANS ARE CHALLENGED OR NOT APPROVED BY DOJ, THIS COULD BE A REALITY AGAIN.

30 IN SUMMARY ELECTION OFFICIALS MUST EXPECT A SERIES OF PLANS TO IMPLEMENT DURING THE REDISTRICTING CYCLE AND A VERY SHORT PERIOD OF TIME TO IMPLEMENT THEM. THERE WILL BE BACK TO BACK ELECTIONS THAT MUST BE MANAGED WITH DIFFERENT VOTING DISTRICTS FROM THE PREVIOUS ELECTION.

31 2012 Election Time Line Presidential Preference Primary March 6 Serves as the date for any special elections (replaces the third Tuesday in March)

32 2012 Election Time Line General Primary Election - July 31, Possible special election date. - Qualifying period Wednesday, May 23 until noon on that Friday, May Absentee Ballot Availability -At least 45 days prior to GP -Friday, June 15, GP Runoff-August 21, 2012

33 2012 Election Time Line General Election Date November 6, 2012 Voter registration deadline Tuesday, October 9, 2012 Absentee Ballot Availability At least 45 days prior to GE September 22, 2012 GE runoff date December 4, 2012

34 Timeline Impacts Redistricting cannot be completed without all the district values: Congressional State House State Senate County offices School Board (there may be others-muni wards etc.)

35 Timeline Impacts Use your leadership role to expedite the process locally Work with your Registration officials to manage the impact of new districts on precinct organization When lines are challenged, good communication with the electorate to help them understand which maps are being used for election events

36 Questions? Elections Division Director Georgia Elections Division website: Voice (404) Martin Luther King Jr. Drive SE Suite 802 West Tower Atlanta, GA 30334