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All issues · Elections · No. 32

Redistricting and Gerrymandering

Who should draw the lines that decide which votes are competitive?

Every ten years, district boundaries are redrawn. Whoever controls that process can shape election outcomes for a decade without changing a single voter's mind. Both major parties draw favorable maps where they hold the power to do so.

Congressional and state legislative districts must be redrawn after each census to equalize population. Who does the drawing varies: in most states the legislature, in a growing number an independent or bipartisan commission, and in some cases courts when the political process deadlocks.

Two techniques do most of the work. Packing concentrates opposing voters into a few districts so they win those overwhelmingly and lose everywhere else. Cracking splits a bloc across many districts so it forms a majority in none. Both are measurable, and both are older than modern computing.

Mapping software has made the practice far more precise. Districts can now be drawn against detailed voter data to produce predictable outcomes across an entire decade, which is a change in degree large enough that many analysts treat it as a change in kind.

The legal landscape splits. The Supreme Court held in 2019 that partisan gerrymandering claims are not justiciable in federal court, leaving them to state courts and state constitutions. Racial gerrymandering claims remain reviewable under the Constitution and the Voting Rights Act, and the boundary between racial and partisan motive is heavily litigated because the two often correlate.

Mid-decade redistricting — redrawing maps between censuses — has become a live tactic in several states, prompting counter-redistricting elsewhere. Whether this is legitimate or an escalation is itself now contested.

POSITION 1 / 3

Independent commissions

Legislators choosing their own voters is a conflict of interest, and the process should be handed to someone with no stake in the outcome.

  • Commissions in several states have produced more competitive districts than legislatures did.
  • Safe seats reward primary-electorate appeals rather than general-election persuasion.
  • Public criteria and open hearings make the process reviewable by anyone.
  • Removing the incentive to gerrymander is more durable than litigating each map.

POSITION 2 / 3

Elected legislatures should draw

Redistricting is an inherently political judgment, and it belongs with officials the public can vote out.

  • The Constitution assigns election regulations to state legislatures.
  • Commission members are appointed and answer to no electorate.
  • Neutral criteria conflict: compactness, county lines, and competitiveness cannot all be maximized at once.
  • Unilateral reform disadvantages a state whose rivals have not reformed.

POSITION 3 / 3

Change the system itself

Single-member districts are what make line-drawing decisive; other structures reduce what is at stake.

  • Multi-member districts with proportional allocation make packing and cracking largely ineffective.
  • Nonpartisan primaries change which candidates can win regardless of district shape.
  • Statistical measures such as the efficiency gap give courts a workable standard.
  • Federal standards would end the arms race between states.

Terms you will hear

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Packing
Concentrating opposing voters into few districts so their votes are wasted on lopsided wins.
Cracking
Splitting a voting bloc across districts so it forms a majority in none.
Efficiency gap
A statistical measure of wasted votes, proposed as a test for partisan gerrymandering.
Majority-minority district
A district drawn so a racial or ethnic minority forms a majority; required in some circumstances, restricted in others.
Mid-decade redistricting
Redrawing maps between censuses rather than after one.
Rucho v. Common Cause
The 2019 decision holding partisan gerrymandering claims non-justiciable in federal court.

What people actually disagree about

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  1. If both parties do it, is unilateral reform in one state fair to its own voters?
  2. Can courts distinguish partisan from racial motive when the two track each other closely?
  3. Should competitiveness be a goal, or only equal population and contiguity?

Do something about it

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