Regulating Elections: Districts /252 Fall 2012

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1 Regulating Elections: Districts /252 Fall 2012

2 Throat Clearing Preferences The Black Box of Rules Outcomes

3 Major ways that congressional elections are regulated The Constitution Basic stuff (age, apportionment, states given lots of autonomy) Federalism key Districting Campaign finance

4 An Aside about Direct Elections 17th Amendment: 1914 Indirect election didn t make senators tools of the state legislatures quite the opposite Direct election effects? Who knows

5 Research from Stewart and Schiller (2011)

6 Actual data 100% Pct. won/controlled by Democrats 80% 60% 40% 20% Senators State legislatures State electorates 0% Election year

7 Comparison of seats won by Democrats with state legislative and mass electorate baselines. 40% 17th Amendment Pct. won by Dems. minus baselines 20% 0% -20% Compared to legislatures Compared to mass support -40% Election year

8 Counterfactual partisan advantage in the Senate, assuming popular partisan preferences in the mass electorate prevail. 17th Amendment Democratic senators - Republican senators Actual Counterfactual Election year

9 Counterfactual partisan advantage in the Senate, assuming legislative majorities prevail. 17th Amendment Democratic senators - Republican senators Actual Counterfactual Election year

10 Counterfactual comparison: Net gain in Democratic seats in the Senate under direct election. 17th Amendment Popular vote counterfactual - Leg. majority counterfactual Election year

11 An aside about the states: Run-off vs. plurality rule The South California s top-two primary (really like Louisiana s Jungle Primary ) Interest in instant runoff

12 Spatial representation of runoff primary (Figure 6.2) Round 1 Median A B C A's supporters B's supporters C's supporters A C Round 2 A's supporters C's supporters

13 California Top-Two Aside: The Worry

14 California Top-Two: The Situation in 2012 vvc_diff vvc_diff dem_margin

15 Districting Apportionment Method of equal proportions Required in House races since 1820s Effects Possible malapportionment Responsiveness

16 Apportionment methods 1790 to The Jefferson method of greatest divisors Fixed ratio of representation with rejected fractional remainders Size of House can vary The Webster method of major fractions Fixed ratio of representation with retained major fractional remainders Size of House can vary The Vinton or Hamilton method Predetermined # of reps Seats for state = Population of State/(Population of US/N of Seats) Remaining seats assigned one at a time according to largest remainder Alabama paradox The method of equal proportions Source:

17 Diversion to the Alabama Paradox Called the Alabama paradox because of the 1880 census (increasing the House from 299 to 300 reduces Alabama s seats) Rule: Compute fair share of seats, then allocate an additional seat according to largest remainder Example, 3 states w/ 10 & 11 seats State Pop. Fair share 10 Seats 11 Seats Seats Fair share Seats A B C Total 1400 Divisor 140= 1400/ = 14/11

18 Diversion to the Alabama Paradox Called the Alabama paradox because of the 1880 census (increasing the House from 299 to 300 reduces Alabama s seats) Rule: Compute fair share of seats, then allocate an additional seat according to largest remainder Example, 3 states w/ 10 & 11 seats State Pop. Fair share 10 Seats 11 Seats Seats Fair share Seats A B C Total 1400 Divisor 140= 1400/ = 1400/11

19 Balinsky and Young (1982) Fair Representation Any method of apportionment will yield paradoxes No apportionment method Follows the quota rule Quota rule: If population s /seats l = I.ddd, the state either gets I seats or I+1 seats Avoids the Alabama paradox Avoids the population paradox Pop paradox: when you have two states, and the one that grows faster loses seats to the one that grows slower

20 Method of equal proportions Results in a listing of the states according to a priority value--calculated by dividing the population of each state by the geometric mean of its current and next seats that assigns seats 51 through 435. Practically: This method assigns seats in the House of Representatives according to a priority value. The priority value is determined by multiplying the population of a state by a multiplier. For example, following the 1990 census, each of the 50 states was given one seat out of the current total of 435. The next, or 51st seat, went to the state with the highest priority value and thus became that state's second seat. Source:

21 Priority values after 2010 Seat # State Priority # 51 California Seat 2 26,404, Texas Seat 2 17,867, California Seat 3 15,244, New York Seat 2 13,732, Florida Seat 2 13,364, Florida Seat , Washington Seat , Texas Seat , California Seat , Minnesota Seat 8 710, North Carolina Seat , Missouri Seat 9 708, New York Seat , New Jersey Seat , Montana Seat 2 703,158 Thanks to 37,341, ,900, ,753,

22 Reapportionment Change in

23 Apportionment Change since 1940

24 Play with

25 Recent Reapportionment Court Challenges Department of Commerce v. Montana, 12 S. Ct (1992) & Franklin v. Massachusetts 112 S. Ct (1992) Method of equal proportions OK Department of Commerce v. United States House of Representatives, 525 U.S. 316 (1999) The Census Bureau can t sample Utah v. Evans, 536 U.S. 452 (2002) Hot deck imputation challenged Mormon missionaries miscounted

26 Apportionment Change

27 Districting principles Compactness and contiguity Equal population Respect existing political communities Partisan (or other) fairness

28 Compactness General idea: min(border/area) Bad Good

29

30 Compactness in the real world: Nebraska 2011 (Good) source:

31 Compactness in the real world Ohio 2000

32 Compactness in the real world: Florida

33 Florida 5th district (formerly 3 rd ) Source:

34 Florida 20th District

35 Contiguity General idea: keep the district together Bad Good?

36 Contiguity in the real world: Ohio in 2010 Source:

37 Equal population Implied by having districts Bad: Many states before 1960s Illinois in 1940s (112k-914k) Georgia in 1960s (272k-824k) Good: equality?

38 Equality in 2000 Ideal District Size Percent Overall Range Overall Range (# of people) Ideal District Size Percent Overall Range Overall Range (# of people) Alabama 636, % - Montana N/A N/A N/A Alaska N/A N/A N/A Nebraska 570, % 0 Arizona 641, % 0 Nevada 666, % 6 Arkansas 668, % 303 New Hampshire 617, % 636 California 639, % 1 New Jersey 647, % 1 Colorado 614, % 2 New Mexico 606, % 166 Connecticut 681, % 0 New York 654, % 1 Delaware N/A N/A N/A North Carolina 619, % 1 Florida 639, % 1 North Dakota N/A N/A N/A Georgia 629, % 72 Ohio 630, Hawaii 582, Oklahoma 690, Idaho 646, % 3,595 Oregon 684, % 1 Illinois 653, % 11 Pennsylvania 646, % 19 Indiana 675, % 102 Rhode Island 524, % 6 Iowa 585, % 134 South Carolina 668, % 2 Kansas 672, % 33 South Dakota N/A N/A N/A Kentucky 673, % 2 Tennessee 632, % 5 Louisiana 638, % 240 Texas 651, % 1 Maine 637, Utah 744, % 1 Maryland 662, % 2 Vermont N/A N/A N/A Massachusetts 634, % - Virginia 643, % 38 Michigan 662, % 1 Washington 654, % 7 Minnesota 614, % 1 West Virginia 602, Mississippi 711, % 10 Wisconsin 670, % 5 Missouri 621, % 1 Wyoming N/A N/A N/A Source: National Conf. of State Leg.

39 Recent Supreme Court Case: W.Va. Deviations Acceptable 1 st dist: 615,991 2 nd dist: 620,682 3 rd dist: 616,141 Originally past bill had zero population variation (Tennant vs. Jefferson County) Overturns as nearly as practicable rule

40 Respect for existing political Iowa Politicians like it May be better for citizens Getting more difficult with computer drafting of districts and (nearly) equal populations communities

41 But, the Assembly s another matter

42 Partisan Fairness Results should be symmetrical Results should be unbiased Seats Seats 50% Votes 50% Votes

43 Partisan Fairness What is the right responsiveness? 50% Votes

44 Swing ratio Measure of responsiveness Concept: Swing ratio = )Seats p /)Votes P Various ways to measure Empirical: across time Theoretical: uniform swing analysis

45 Why the swing ratio is rarely 1 % Dem vote % Dem vote

46 Empirical swing ratio (with data from ) Figure Democratic percent of the House seats Swing ratio = 1.74:1 Bias = 4.0 points Democratic percent of the votes

47 Mayhew Diagram % 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Dem. vote pct.

48 Mayhew Diagram % 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Dem. vote pct.

49 Cumulative distributions, 2008 & Cumulative distribution Dem. pct. of vote (2-party)

50 Cumulative distributions, 2008 & Cumulative distribution swing = swing = Dem. pct. of vote (2-party)

51 Racial fairness From 15 th amendment The right of citizens of the United States to vote shall note be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. Voting Rights Act of 1965 Prevented dilution Section 2: General prohibition against discrimination Section 5: Pre-clearance for covered jurisdictions covered jurisdictions must demonstrate that a proposed voting change does not have the purpose and will not have the effect of discriminating based on race or color. 1980: Mobile v. Bolden S.C. says you have to show intent 1982: VRA extension allows effect 1990: Justice dept. moved to requiring maximizing minority representation through pre-clearance

52 Some Court Cases Pertaining to Equal population Districting Colgrave v. Green (1946): political question Baker v. Carr (1962): Tennessee state districts Gray v. Sanders (1963): Ga. unit rule Wesberry v. Sanders (1964): one person, one vote doctrine Davis v. Bandemer (1986): political gerrymanders subject to review, even if one person, one vote met Veith v. Pennsylvania (2002): no deviation allowed

53 VRA Cases 1965: Dilution outlawed 1982: Extension + Republican DOJ = Racial gerrymanders 1993: Shaw v. Reno Race must be narrowly tailored to serve a compelling gov t interest, or. Sandra is the law Non-retrogression doctrine Districting overturned in GA, NC, VA, FL, TX, LA, NY (but not IL) Page v. Bartels (2001): incumbency protection OK, even if it s only minority incumbents

54 Current Section 5 cases Florida v. US LaRoque v. Holder/Nix v. Holder Perez v. Texas Shelby County v Holder Texas v. Holder Texas v. US South Carolina v. US

55 Mid-Decade Redistricting Cases Colorado after 2000 State Supreme Court rules unconstitutional by state constitution, SCOTUS refuses to hear Pennsylvania Bandemer upheld; redistricting not overturned Texas League of United Latin American Citizens et al v Perry. Mid-decade redistricting OK VRA problem with one state legislative district

56 A Word about Massachusetts

57 3 = 77%5 th +16%1 st +7%3 rd 1 = 51% 1 st +49%2 nd 2 = 39%2 nd +31%3 rd +30%1 st 6=86%6 th +10%5 th +4%7 th 5=81%7 th +7%8 th + 6%3 rd +5%5 th +1%4th 7=87%8 th +8%9 th +5%7 th 8=69%9 th +29%2 nd +2%10 th 4=56%9 th +31%3 rd +7%9 th +6%2 nd 9=70%9 th +28%4 th +2%9th

58 Who Does the Redistricting? Source: Brennan Center,

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