Census and Redistricting 

LWVD Advocacy Working Committee

The Census and Redistricting committee is Chaired by Joan Ridley (jridley@ourusa.net).  We meet every month on the second Wednesday at 6:00 pm.  Please register here for the zoom link to the next meeting:  April Redistricting/Gerrymandering Meeting    

We have three active Census Project Teams you can join right now by contacting Joan Ridley.

1. Texas 87th Session – Legislative Action and Constituent Impacts, led by Dorothy Mundy.

2. Texas Legislators – How Decisions are made:  The Legislative Process and Votes, led by Ashley Washington.
(This project team is forming groups by US House District to dive deeper into past redistricting actions and community interests).

3. US Courts – Summary of Major Actions that could Impact Texas, led by Ruth Alhilali.

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Recent News and Advocacy Actions

Here is a summary of Dallas County Senator Nathan Johnson's (SD16),
Senate Joint Resolution 54.  
It was read and referred to the Senate Special Committee on Redistricting, March 18, 2021

Thank you to Dorothy Mundy for preparing this document!

 

Summary - Proposes a constitutional amendment establishing an independent redistricting commission to establish districts for the election of the members of the United States House of Representatives elected from this state, the Texas Senate, and the Texas House of Representatives.

 

Adds ARTICLE XVIII. INDEPENDENT REDISTRICTING COMMISSION

 

Highlights – 

• Creates a nonpartisan commission of 15 members consisting initially of 2 members each from the majority winner of the most recent , the minority and  independent selection pools. These then choose 9 additional members - 3 from each selection pool. Membership must be representative of demographic groups including racial, ethnic, economic, and gender and geographic regions of the state.

   

• Districts must equalize population in compliance with US constitution and these districts shall respect communities of interest, neighborhoods, and political subdivisions to the extent practicable; "community of interest" means an area with recognized similarities of interests, including ethnic, racial, economic, tribal, social, cultural, geographic or historic identities. The term may, in certain circumstances, include political subdivisions such as counties, municipalities, tribal lands and reservations, or school districts

   

• A redistricting plan may not, when considered on a statewide basis, unfairly favor or disfavor any political party. The determinationof whether a redistricting plan has the effect of unfairly favoring or disfavoring a political party shall be based on the totality of circumstances, including whether the plan results in durable partisan bias as determined by scientifically accepted measures of partisan fairness and whether there are alternative plans that would have complied with the requirements of law and resulted in less durable levels of partisan bias.  

   

• The plan is expressly prohibited from taking into consideration the residence of any member of the United States House of Representatives, the Texas Senate, or the Texas House of Representatives or a candidate for one of those offices; or

  the political party affiliation or voting history of the population of a district.

   

• The independent redistricting commission shall hold each of its meetings in public, shall solicit and take into consideration comments from the public, including proposed maps, throughout the process of developing a redistricting plan, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans.

This is an excellent resolution and would ensure that Texans would get non- partisan districts where the politicians elected would have to actually work for their constituents. The only drawback is that it is not scheduled to take effect until the census in 2030.

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For Your Attention: the League of Women Voters of the US has a new blog on redistricting and the different issues it impacts.  Read the first one in the series here:  

I Will Fight for Fair Maps

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Dallas County has four Senators on the Texas Senate Special Committee on Redistricting and two Representatives on the House Redistricting Committee.

Senate:
Kelly Hancock https://senate.texas.gov/member.php?d=9

Nathan Johnson https://senate.texas.gov/member.php?d=16

Angela Paxton https://senate.texas.gov/member.php?d=8

Royce West https://senate.texas.gov/member.php?d=23

House: 
Toni Rose,  Vice-Chair https://house.texas.gov/members/member-page/?district=110

Rafael Anchía https://house.texas.gov/members/member-page/?district=103

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Advocacy Actions:

1. Sign up to receive emails from your Senator and Representative at their Texas website (see above). 

2. Check out the Take Action section of the League of Women Voters of Texas to send your elected official an email on the census and redistricting. https://my.lwv.org/texas/advocacy-issues

3. The Texas Senate Special Committee on Redistricting held virtual Redistricting Public Hearings (last one March 13th).  Learn more:  https://senate.texas.gov/cmte.php?c=625   

4.  The Texas House Redistricting Committee has announced that it will hold hearings with public testimony starting April 1st.  

4. The League of Women Voters of Texas has helpful information to prepare your testimony: https://drive.google.com/file/d/0B-FLfKco80_leTJHakFVcGFHQTVVVG5xaGZ3emp0ZE1MRmFN/view

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League of Women Voters of Texas Position

Redistricting

The League of Women Voters of Texas supports the creation of an independent redistricting commission, with members that reflect the diversity of the community. 

Political and racial gerrymandering distorts and undermines representative democracy by allowing officials to select their voters rather than for voters to elect their officials.  When done for purposes of racial discrimination, or to ensure the dominance of one political party,  gerrymandering runs counter to equal voting rights for all eligible voters.  The League supports: 

1. An Independent Citizens Redistricting Commission as the preferred redistricting body;
2. A "fair and open"redistricting process during the 87th legislative session; and 
3. A redistricting process that is transparent and open to the public

For more information about the League of Women Voters Texas position on redistricting please click here: https://my.lwv.org/texas/position/redistricting

 

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Background Information

Census 2020 

Overall Timeline from the Census website:  https://2020census.gov/en/important-dates.html

"The count is now complete, and the Census Bureau is currently processing the data, making sure that everyone is counted once, only once, and in the right place. Here's a look at some of the key upcoming dates, as they are currently scheduled:

 

2021 (Adjusted due to COVID-19)

By April 30, 2021: The Census Bureau will deliver population counts used for apportionment to the president as required by law.

By September 30, 2021: By this date, the Census Bureau will send redistricting counts to the states. This information is used to redraw legislative districts based on population changes.

Each year, the Census Bureau will also release estimates from the American Community Survey. This survey supplements the census by providing information on more than 40 topics including education, income, health insurance coverage, commute times, occupations, and languages spoken at home."

The taking of the US census every ten years is required by the U.S. Constitution. It requires a count of all people living in the USA to determine the distribution of funds to cities, schools, and hospitals as well as defining districts for U.S., Texas, and local government representation.   

The 2020 Census taking was completed, prematurely, on October 15, 2020 by order of President Trump. It was originally due to end on October 31st. Ending prematurely resulted in Census takers making assumptions that might not be accurate.

The Census Report with apportionment counts was due to be delivered to President Trump by December 31, 2020, per the US Constitution. The Bureau informed former President Trump that the Census Report and apportionment will likely be delivered in April 2021, or later due to delays caused by COVID-19. That will create a narrow window for Texas Legislators to draw the voting district maps before the end of the 87th session, which is not likely to happen.  

There was extensive litigation regarding the 2020 census. President Trump had ordered that all persons in the US illegally not be counted. The US Supreme Court decided that it was premature to rule on the issue. Hours after he was sworn in as president, Biden signed an executive order that calls for all U.S. residents, in the country legally or not, to be counted in the apportionment. Based on estimates of the entire population, Texas could receive an increase from 36 to 39 seats in the US House.

LWV Texas filed an amicus brief jointly with LWV CA and LWV FL in the case that ACLU brought against the federal government’s proposal not to count undocumented immigrants in the 2020 census.

Understanding Redistricting and Gerrymandering

• Under the US Constitution, the national government must conduct a new population census every ten years. States and the appropriate bodies then redraw (“redistrict”) congressional, state and local voting districts on the basis of population changes. States losing or gaining populations will lose or gain congressional seats and Electoral College delegates.
• Gerrymandering in Texas is an extreme form of redistricting. It is the process of our state legislators drawing voting district lines in closed secret meetings without voters’ input or knowledge, and whose purpose is to favor the majority party so that it will remain in office for the next 10 years, if not for decades.
• Racial Gerrymandering is unlawful per the Voting Rights Act of 1965.
• Partisan Gerrymandering is not unlawful.
  • Filling in the Gaps
  • Racial Gerrymandering After Rucho V. Common Cause
    
• There have been numerous court cases throughout the US to end partisan Gerrymandering. The League of Women Voters has frequently been the plaintiff or co-plaintiff.
• The US Supreme Court has taken the position that it will not render a decision on partisan Gerrymandering cases. Therefore, any changes in how the voting district lines will be drawn are left to each state.
  • RUCHO ET AL. v. COMMON CAUSE ET AL.
  • Summary of Rucho vs Common Cause Dissent
  • Justice Kagan Dissenting Opinion in Rucho Case
  • Summary of Rucho vs Common Cause Dissent
  • Rucho vs Common Cause Documents all in one folder
• Texas is the 7th most Gerrymandered state in the US. (1)
• As a result of Gerrymandering based on the 2010 Census, the percentage of US House seats actually won by Republicans versus Democrats, exceeded the percentage of actual votes received by Republicans and Democrats in recent elections. (2).
  

The Process  

 

The Census Report was to be sent to the President of the US by 12/31/20, and then to the states by April 30, 2021. Historically, Texas Legislators have received the Census sometime in February. However, due to the delays caused by COVID-19, the delivery of the Census Report to Texas will be delayed until September, according to the US Census Bureau.

Based on the US Census Bureau’s estimates of a shift in population, Texas could receive three or more additional seats in the US House as a result of the 2020 census, increasing Texas’s representation in the US House from 36 to 39 seats.
 
Redistricting bills must be filed by the Texas legislators by March 12, 2021. Those bills which include the redistricting maps are likely to be completed long after that date due to the delay in receiving the Census data. The Governor must sign or veto the voting district plan that is passed by the legislators by June 20, 2021. 

According to attorneys for the Senate Special Committee on Redistricting,  because the Census will not be received by the Committee until after the Regular Session, there will be no opportunity for the Legislators to draw the maps.  Therefore, both the Congressional and the Texas maps, based on the 2020 Census, will be drawn by the Legislators during a Special Session, and not by the Legislative Redistricting Board (LRB).

If the 2020 the Census were to be received during the Regular Session and the maps be drawn but not approved by the Governor during that Session, the Texas Legislative Redistricting Board (LRB) would be required to assemble within 90 days of the 87th legislative Regular Session adjournment to draw the Texas maps. The LRB would then have 60 days afterward to submit a plan for the governor’s approval. The LRB, appointed by the governor, is comprised of:  Lieutenant Governor, Attorney General, Commissioner of the General Land Office, the Comptroller of Public Accounts, and the House Majority leader. Regarding the drawing of the Congressional maps, if the Congressional maps are not drawn and signed by Governor Abbott, he  is required to call a special session of the legislators to draw the US Congressional maps. 

The timing of the drawing of the maps and approval by Governor Abbott will create timing issues relating to the 2022 elections. Senator Joan Huffman has authored SB 1822 which relates to the postponement of certain dates relating to elections to be held in 2022.  
 
The only requirement for the Texas voting district lines is that they must be contiguous for both the Texas Senate and House districts. The Texas State House lines must also follow county boundaries whenever possible. There are no requirements regarding the shape of the Congressional voting districts. There is no deadline for completion of the drawing and adoption of the plan.

Transparency

Fair Maps Texas, (https://www.fairmapstexas.org)  a coalition of non-partisan non-profits spearheaded by League of Women Voters Texas, has urged Texas legislators to delay public input hearings until after the US Census data is available. Typically, if a bill related to redistricting gets scheduled for a hearing, the public can attend and testify. Very few bills have been scheduled for hearings in the last several legislative sessions.

Fair Maps wrote several letters demanding that lawmakers write a report justifying how their maps ensure equal political representation. Members of the Fair Maps TX Coalition are trying to get lawmakers to change the process of choosing boundaries in the first place, focusing on increased public input hearings. The coalition also wants to extend the time for finalizing the maps. The goal is to make sure that district boundary lines are drawn fairly. 
Resources:
www.commoncause.org
www.brennancenter.org
 
1. Azavea, a Philadelphia-based firm places Texas at number 5.  Brennan Center for Justice places it at number 6. Christopher Ingraham, a data specialist previously with the Brookings Institute and the Pew Research Center and now with the Washington Post’s Wonkblog section, places it at number 7.  Where Texas ranks in any study depends on the methodology of the study.

2. 2016 US Congressional Election

	Republicans	Democrats
Popular Vote	50.40%	49.50%
Seats Won	241 (55%)	194 (44%)

Note: Special thanks to David Jones, President of Clean Elections, and Tracy Westen, Member of the National Board of Directors of Common Cause, for reviewing the above and offering their comments.

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State Elected Officials:  Voting Records and Positions

This section contains information on public votes and positions taken by Texas Senators and Representatives from Dallas County in reference to census and redistricting bills before the 87th Legislative session in 2021.  This is helpful information for you as an advocate and voter in understanding the past actions of your elected officials.   There is also a link to the Texas League information on redistricting bills in the 87th Legislative session. 
 
Ashley Washington, a member of the League of Women Voters of Dallas, has researched and compiled this information for us from the public record.  You will know the decisions your elected officials have made for you in the past in reference to redistricting legislation.   The research will include bills voted on from the last redistricting session in 2010. 

Did you know that Dallas League icons, Linda Camin, Barbara Weinstein and Nancy Wilson, spearheaded the League's effort to pass legislation in 2007 that required votes by our legislators to be recorded and published online?  

This ended the Texas practice of taking voice votes only and makes it possible to know how individuals voted. 

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Additional Resources

The US Census

The first step in the redistricting process is the taking of the US Census.  For information about the US Census, please click here: https://www.census.gov/

To learn more about the census and its impact, please click the links below:

• The official government website of the United States Census 2020
• About the Census from LWV-US
• About the Census from LWV-Texas
• Dallas County's 2020 Census
• Dallas County Counts 2020 in partnership with the City of Dallas
  

 

Quicklink for this page is http://lwvdallas.org/redistricting