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A World Without Partisan Gerrymanders? Virginia Democrats Show the Way A World Without Partisan Gerrymanders? Virginia Democrats Show the Way
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Politicians rarely give up power voluntarily. They never give it up when they have free rein to lock it in for at least a decade, and exact long-overdue revenge against their political opponents.Politicians rarely give up power voluntarily. They never give it up when they have free rein to lock it in for at least a decade, and exact long-overdue revenge against their political opponents.
But a group of Virginia Democrats did just that earlier this month, when they voted in favor of an amendment to the State Constitution stripping themselves of the power to redraw legislative district maps in 2021, after the decennial census.But a group of Virginia Democrats did just that earlier this month, when they voted in favor of an amendment to the State Constitution stripping themselves of the power to redraw legislative district maps in 2021, after the decennial census.
Last fall, Democrats won majorities in both houses of the Virginia Legislature; with a Democratic governor already in office, they took full control of the state government for the first time in a generation. They had unlimited power to fashion the new maps in their favor, cementing their own grip on power just as Republicans around the country have done since the last redistricting cycle in 2011. Some Republican maps are so biased that they have given the G.O.P. legislative supermajorities even when the party loses the statewide popular vote, which happened in Wisconsin in 2018. So it’s entirely understandable for Democrats who regain power to want payback — now.Last fall, Democrats won majorities in both houses of the Virginia Legislature; with a Democratic governor already in office, they took full control of the state government for the first time in a generation. They had unlimited power to fashion the new maps in their favor, cementing their own grip on power just as Republicans around the country have done since the last redistricting cycle in 2011. Some Republican maps are so biased that they have given the G.O.P. legislative supermajorities even when the party loses the statewide popular vote, which happened in Wisconsin in 2018. So it’s entirely understandable for Democrats who regain power to want payback — now.
And yet nine Virginia Democrats agreed to put down their partisan swords and join Republicans to support the new amendment, which would require that the state’s district maps be drawn by a bipartisan commission made up of lawmakers and regular citizens. Voters must ratify the amendment in November before it will take effect.And yet nine Virginia Democrats agreed to put down their partisan swords and join Republicans to support the new amendment, which would require that the state’s district maps be drawn by a bipartisan commission made up of lawmakers and regular citizens. Voters must ratify the amendment in November before it will take effect.
The Democrats’ vote was a display of integrity and selflessness by members of a party with unified control of government. It placed long-term interest in the health of representative democracy over the shorter-term partisan benefits that both parties have been happy to exploit when they control redistricting.The Democrats’ vote was a display of integrity and selflessness by members of a party with unified control of government. It placed long-term interest in the health of representative democracy over the shorter-term partisan benefits that both parties have been happy to exploit when they control redistricting.
The Virginia amendment’s passage is all the more important in the present moment, when voters everywhere have been left at the mercy of self-serving state lawmakers, thanks to the Supreme Court’s refusal to intervene to stop even the most extreme partisan gerrymanders. The ruling last June, by a 5-to-4 vote, asserted that redistricting was a political matter to be resolved by the states, not the federal courts. The justices thus enshrined one of the most corrosive and anti-democratic practices in American politics.The Virginia amendment’s passage is all the more important in the present moment, when voters everywhere have been left at the mercy of self-serving state lawmakers, thanks to the Supreme Court’s refusal to intervene to stop even the most extreme partisan gerrymanders. The ruling last June, by a 5-to-4 vote, asserted that redistricting was a political matter to be resolved by the states, not the federal courts. The justices thus enshrined one of the most corrosive and anti-democratic practices in American politics.
Virginia’s new amendment would establish a 16-member commission, made up of eight lawmakers and eight citizens, divided evenly between the two major parties. A supermajority of both lawmaker and citizen commissioners would have to agree on a proposed map to send it to the Legislature and governor for approval. If they can’t, the job shifts to the State Supreme Court. Virginia’s new amendment would establish a 16-member commission, made up of eight lawmakers and eight citizens, divided evenly between the two major parties. A supermajority of both lawmaker and citizen commissioners would have to agree on a proposed map to send it to the Legislature for approval. If they can’t, the job shifts to the State Supreme Court.
The amendment, which under the State Constitution had to pass the Legislature twice in a row before going to the voters, was first approved in 2019 by overwhelming bipartisan margins. At the time, Republicans controlled the Legislature, but polls pointed strongly toward an impending Democratic takeover in last fall’s elections. As soon as that happened, most Democrats withdrew their support from the amendment. Many had previously vowed to keep supporting it even if they won — yet another reminder that power is a lot harder to relinquish once you have it in your hands.The amendment, which under the State Constitution had to pass the Legislature twice in a row before going to the voters, was first approved in 2019 by overwhelming bipartisan margins. At the time, Republicans controlled the Legislature, but polls pointed strongly toward an impending Democratic takeover in last fall’s elections. As soon as that happened, most Democrats withdrew their support from the amendment. Many had previously vowed to keep supporting it even if they won — yet another reminder that power is a lot harder to relinquish once you have it in your hands.
Some black Democratic lawmakers also opposed the amendment because, they argued, it didn’t provide enough protections for black voters, who have long been cheated out of political power by biased maps. In the past five years, federal courts in Virginia have struck down Republican-drawn state and congressional districts for intentionally discriminating against black voters.Some black Democratic lawmakers also opposed the amendment because, they argued, it didn’t provide enough protections for black voters, who have long been cheated out of political power by biased maps. In the past five years, federal courts in Virginia have struck down Republican-drawn state and congressional districts for intentionally discriminating against black voters.
To address various concerns about the amendment, the Legislature passed laws that would ensure racial and ethnic diversity on the commission and would require the State Supreme Court, which has a conservative majority, to appoint a special master to draw the maps using the same criteria as the commission. Another new law eliminates “prison gerrymandering,” the practice of counting prisoners where they are incarcerated rather than where they are from. To address various concerns about the amendment, the Legislature should pass laws that would ensure racial and ethnic diversity on the commission and require the State Supreme Court, which has a conservative majority, to appoint a special master to draw the maps using the same criteria as the commission. They have already passed a law to eliminate “prison gerrymandering,” the practice of counting prisoners where they are incarcerated rather than where they are from.
These are good fixes. Still, the commission itself has significant flaws, chief among them that it includes lawmakers, who have demonstrated time and again that they shouldn’t be allowed anywhere near the redistricting process. Foxes guarding henhouses are still foxes, even if they’re being watched closely by the farmer. But the amendment is an important step in the right direction, and in the end it succeeded because nine Democrats joined all Republicans to get the measure over the hump for a second time. There are good fixes. Still, the commission itself has significant flaws, chief among them that it includes lawmakers, who have demonstrated time and again that they shouldn’t be allowed anywhere near the redistricting process. Foxes guarding henhouses are still foxes, even if they’re being watched closely by the farmer. But the amendment is an important step in the right direction, and in the end it succeeded because nine Democrats joined all Republicans to get the measure over the hump for a second time.
And what of those Republicans? Aren’t they to be commended for voting in favor of fairer maps? Sure, but it was an easy call once they were out of power, or knew they were about to be. The better question is, Where was their public spirit when they held an unthreatened majority?And what of those Republicans? Aren’t they to be commended for voting in favor of fairer maps? Sure, but it was an easy call once they were out of power, or knew they were about to be. The better question is, Where was their public spirit when they held an unthreatened majority?
Republicans continue to find countless ways to block efforts to make voting fairer and more democratic. In Missouri, Utah and Michigan, Republican lawmakers are working to undo citizen-led ballot initiatives that were passed, in some cases overwhelmingly, by voters tired of being chosen by their politicians.Republicans continue to find countless ways to block efforts to make voting fairer and more democratic. In Missouri, Utah and Michigan, Republican lawmakers are working to undo citizen-led ballot initiatives that were passed, in some cases overwhelmingly, by voters tired of being chosen by their politicians.
And when Republicans do lose at the ballot box, they respond not by trying to appeal to more voters, but by stripping power from duly-elected Democrats — essentially looting the shelves on their way out the door. This is the behavior of a party that neither trusts its own popularity nor accepts its opponents’ legitimacy, a fatal combination for a constitutional republic.And when Republicans do lose at the ballot box, they respond not by trying to appeal to more voters, but by stripping power from duly-elected Democrats — essentially looting the shelves on their way out the door. This is the behavior of a party that neither trusts its own popularity nor accepts its opponents’ legitimacy, a fatal combination for a constitutional republic.
In light of this, many Democrats have little patience for calls to level the playing field. After all, why play fair when the other side doesn’t? The answer is that the alternative is a race to the bottom, where voters of both parties give up because they know whatever box they check at the polls, the politicians have already made their choices for them.In light of this, many Democrats have little patience for calls to level the playing field. After all, why play fair when the other side doesn’t? The answer is that the alternative is a race to the bottom, where voters of both parties give up because they know whatever box they check at the polls, the politicians have already made their choices for them.
In far too many parts of the country, that’s the reality today. Partisan gerrymandering is a key reason millions of Americans feel the government is rigged against them. The good news is that this behavior used to happen behind closed doors, and now it’s being dragged out into the open. The more the public learns about it, the more they oppose it. Virginia voters support the new redistricting amendment, 70 percent to 15 percent; according to a January 2019 poll commissioned by Campaign Legal Center, which pushes for electoral reform, 65 percent said they favored districts with no partisan bias, even if it meant their own party would win fewer seats.In far too many parts of the country, that’s the reality today. Partisan gerrymandering is a key reason millions of Americans feel the government is rigged against them. The good news is that this behavior used to happen behind closed doors, and now it’s being dragged out into the open. The more the public learns about it, the more they oppose it. Virginia voters support the new redistricting amendment, 70 percent to 15 percent; according to a January 2019 poll commissioned by Campaign Legal Center, which pushes for electoral reform, 65 percent said they favored districts with no partisan bias, even if it meant their own party would win fewer seats.
As the nation approaches a new round of districting in 2021, lawmakers everywhere — especially Republicans, who’ve been drunk on their own mapmaking power for a decade — should take a lesson from Virginia’s Democrats and lay down their pens. It may take more work to win elections by listening to what voters actually want than by simply rigging the maps, but it’s a critical step to save our representative democracy.As the nation approaches a new round of districting in 2021, lawmakers everywhere — especially Republicans, who’ve been drunk on their own mapmaking power for a decade — should take a lesson from Virginia’s Democrats and lay down their pens. It may take more work to win elections by listening to what voters actually want than by simply rigging the maps, but it’s a critical step to save our representative democracy.
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