EDITORS/NEWS DIRECTORS:
Gerrymandering isn’t just an issue that affects Congress or state legislatures. Some of the most protracted battles over redistricting happen at the local level.
Drawing legislative lines to favor one party and diminish the clout of the opposition is almost as old as the Republic. Political map-making, required to occur after the once-a-decade census, received increased attention after Republicans, capitalizing on their 2010 wave, redrew congressional and statehouse lines to lock them into power for much of the ensuing decade.
The picture was more mixed after the latest decennial redistricting blitz, with Democrats and Republicans coming out essentially tied.
There’s been a steady increase in reforms to stop gerrymandering, usually putting control of state mapmaking in the hands of an independent commission. But the largest range of redistricting occurs at the local level, where county commissions, city councils and school boards often have a free hand to gerrymander.
A spotlight shone on local gerrymandering last fall, when a secret recording captured members of the Los Angeles City Council making racist remarks about drawing district lines to punish or reward certain politicians and ethnic groups.
Here are some tips on how to report on local redistricting in your coverage area. Read the AP's story on one such battle in Jacksonville, Florida, here.
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WHAT LAWS GOVERN REDISTRICTING?
Redistricting law is extraordinarily complex but largely can be boiled down to the Voting Rights Act and state laws.
The use of race as the dominant factor in drawing district lines is barred by the U.S. Constitution. The Voting Rights Act also has two provisions that apply to local gerrymandering — Section 2 and Section 5.
Section 2 requires mapmakers to draw districts where one minority group is the plurality or majority, provided that the minority group is in a compact area and routinely has its votes countered by a majority group. This provision may be revised in a case from Alabama that the U.S. Supreme Court will decide later this year, Merrill v Milligan.
Section 5 requires the Department of Justice to approve any maps or new voting laws in jurisdictions with a history of depriving minority groups of political power. The Supreme Court neutered this provision 10 years ago, but the Department of Justice maintains a list of jurisdictions that were on its Section 5 list, a useful place to check whether a local body has a history of shady redistricting.
The Supreme Court has stopped federal courts from striking down maps because they’re too partisan, ruling that is a state issue. Each state is governed by its own redistricting laws. Some require independent commissions to draw lines, some give the responsibility to legislative bodies and some have a mix. Some states also have explicit provisions against partisan gerrymandering.
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WHAT IS THE HARM OF GERRYMANDERING?
It may seem like an esoteric matter, but gerrymandering has serious real-world costs.
People who live in gerrymandered district have much of their political voice taken away from them. Especially on the local level, it may mean they do not have the opportunity to elect a representative who will be responsive to their concerns because the elected official doesn’t need their vote to get reelected.
It’s important to illustrate this potential damage in stories about gerrymandered city, county or school board districts.
Try to be as concrete as possible about where in your community the lines run. They sometimes are drawn down the middle of streets or in a way that divides a well-defined neighborhood, as a way to spread out voters and dilute the community’s political power.
Find the stories of people who can’t get their issues heard or community problems addressed — not based on the merits but simply because the officials don’t need to answer those voters.
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REPORTING TIPS
— Check the Department of Justice list to see if any jurisdictions in your area have a history of racial gerrymandering.
— Groups such as Common Cause, the League of Women Voters, the American Civil Liberties Union, the NAACP or MALDEF often file local redistricting litigation that can be the basis for a story. But litigation is expensive. These groups may be aware of gerrymandered maps but lack the resources to file lawsuits on every case.
— Local coalitions, especially of minority groups that might otherwise qualify for Section 2, might also know of problems but lack resources to sue.
— Look for irregular shapes in maps that link non-adjacent neighborhoods. There can be legitimate reasons to draw such districts, but they also be a sign of gerrymandering.
