League member Pat Dunbar will lead a review of legislation and reapportionment which have taken place in various states during 2021, and of the effect they are likely to have on every citizen’s opportunity to vote. Paula Cohen and Nancy Kleiber will also be on hand to give updates on the redistricting process in Mendocino County and statewide in California. Register to participate in this crucial virtual gathering, and bring your friends and neighbors as well. Questions and discussion will be welcome.

Some Background:

Following the 2020 Census, Congressional seats have been reapportioned according to new population data. This means that several states, including California, lost one or more seats, and other states, such as Texas, gained one or more seats. All states must now revise their Congressional districts to reflect the new population data; each district must include an approximately equal number of residents.

Some states, again including California, have non-partisan redistricting commissions, while others have commissions formed by partisan legislatures.  According to the Brennan Center for Justice, the biggest predictor of whether a state will draw fair maps is whether a single party controls the map drawing process.  Whether the single party is Democrat or Republican, there is a strong temptation to make decisions behind closed doors with predetermined partisan or other discriminatory objectives driving the outcome.  Maps drawn by independent commissions have tended to be both more responsive to voter preferences and better at protecting communities of color.

Currently, 20 states have independent commissions or divided legislatures making redistricting decisions.  Where there is single party control of this process, Republicans control 15 states, while Democrats control 7 states.

Since the last redistricting, in 2011, an important protection for communities of color has been lost.  In 2013, the Supreme Court negated the use of Section 5 of the Voting Rights Act, which had required pre-clearance of districts in states with a history of discrimination.  Without pre-clearance, states are free to redistrict as they please, and remedies require that parties who are negatively affected sue after the fact for redress.  Communities of color, especially in the deep south, Texas, and Arizona, face the possibility of extreme gerrymandered districts, limiting their ability to elect candidates proportional to their population.

The Supreme Court has also ruled on partisan gerrymandering, reversing several trial courts. It held that although partisan gerrymandering is harmful and anti-democratic, it is a political issue that federal courts lack the authority to address. One can see that the redistricting process has the potential to result in partisan gerrymandering in many parts of the country.

In addition to the redistricting process, state legislatures have enacted many new voting provisions.  The 2020 federal election drew the highest voter turnout in more than a century.  This turnout has drawn varying responses from state lawmakers. Between January 1 and September 27, 2021, 25 states enacted 62 laws with provisions that expand voting access.  These policies include easier access to mail-in ballots, expanded early voting periods, better access for disabled voters, and expansion of automatic voter registration.

However, 19 states passed 34 laws restricting access to voting.  Restrictive laws include making mail-in ballots harder to cast and be counted, reducing polling places and hours, and increasing purges of voter rolls.  In addition, some laws criminalize the ordinary, lawful behavior of election officials.

These developments mean that increasingly, one’s ability to vote depends on the state where one lives.  Congress can act to remedy this situation.  There are two pieces of legislation that would strengthen our elections across the country:

The Freedom to Vote Act would set national standards to protect the freedom to vote, ban partisan gerrymandering, overhaul our campaign finance system, and safeguard the electoral process.  The John Lewis Voting Rights Advancement Act would restore and update the full protections of the Voting Rights Act of 1965.

Both laws are needed to ensure that all Americans have an equal ability to participate in our elections.For more information, see the Brennan Center for Justice website, brennancenter.org/, and lwv.org:  Voting Rights Groups Announce Major Drive to Push Thousands to Call the White House to Pass Federal Voting Rights Legislation | League of Women Voters (lwv.org)