Just when I was beginning to think that the pace of redistricting news would slow enough to start talking about the nuts and bolts of analyzing and developing district maps, these stories broke. As you read, bear in mind Chief Justice Roberts’s opinion in the recent gerrymandering case that one alternative remedy to the federal courts for gerrymandering is to “plac[e] power to draw electoral districts in the hands of independent commissions.”
Michigan’s Independent Commission Under Attack
In the 2018 election, Michigan voters approved an amendment to the Michigan constitution creating a nonpartisan redistricting commission. The Detroit News reports on a new federal court case filed by state Republicans, alleging that restrictions on commission membership in the amendment are “blatantly unconstitutional.” The membership rules prohibit anyone from serving who has been a partisan candidate for office, elected official, political appointee, lobbyist, campaign consultant or officer, or political party officer in the previous six years as well as immediate family members of such. The suit seeks to invalidate the amendment and block its implementation and to revert to the previous method, in which the majority party in the legislature (currently Republican) draws maps, subject to approval of the governor (currently Democratic).
Plaintiffs argue that that the membership requirements unconstitutionally discriminate against affected people based on partisan affiliation. They further assert that, even though the ballot proposal includes a severability clause (which means that the rest of the law should survive even if a portion is overturned in court), the entire law should be overturned because supporters may have believed that the membership requirements were a “vital part” of the proposal.
The lawsuit follows earlier action last May by Republicans in the Michigan Legislature to cut funding for the redistricting commission by 30% and shift the funds from the Department of State to the Legislature.
Wisconsin Republicans Say They Plan to Seek Democratic Governor’s Approval for New Maps
The Wisconsin Examiner reported recently on indications that the Republican-controlled legislature could attempt to implement 2021 district maps without the approval of the state’s Democratic governor. This would be accomplished by implementing the maps via a joint resolution of the Assembly and the Senate. Joint resolutions do not require the governor’s signature. The Wisconsin Supreme Court has already ruled that implementing districts via resolution is unconstitutional, but the court is now controlled by conservative justices who could consider overturning that precedent. The Examiner article cites sources form both sides of the redistricting dispute. The Milwaukee Journal Sentinel reports in a follow-up article that Republican lawmakers dispute the Examiner story and claim that they are not planning to avoid gubernatorial review.