Redistricting
The epidemic of gerrymandering poses a growing threat to our democracy. It's an open secret: more and more legislative districts reflect calculations by those in power about how they can best preserve that power, and fewer and fewer give meaningful representation to communities of voters. Incumbents carve the citizens of their state into districts for maximum personal and partisan advantage, and democracy suffers: neighborhoods are split, competing candidates are drawn out of contention, groups of voters are ‘cracked' or ‘packed' to manipulate their voting power. We like to think that voters choose their politicians-but in the redistricting process, politicians choose their voters.
Well-designed redistricting systems, in contrast, can help ensure that elected public servants actually serve their public. Moreover, they can inspire public confidence in both a process and an outcome recognized as fair.
Redistricting 101 | State-By-State Advocacy | Redistricting In The News
The Brennan Center has produced a variety of materials on redistricting including a 90-minute full training curriculum for advocates and analysis of reform proposals in states.
About the Brennan Center's Redistricting Work
Building on our analyses of successful and unsuccessful reform initiatives and our extensive study of redistricting practices nationwide, the Brennan Center offers top-flight legal and policy expertise to advocates and officials seeking to develop effective redistricting bills and initiatives. We facilitate consensus on policy goals and then translate those goals into language appropriate for legislation or ballot measures; we also review and analyze text drafted by others for potential constitutional and other legal concerns. Once legislation is introduced, Brennan Center attorneys accept invitations to deliver written and oral expert testimony, and offer strategic advice on building support for reform. The Brennan Center has also frequently filed friend-of-the-court briefs in redistricting litigation, especially those involving the use of redistricting for undue partisan gain or at the expense of minority voters.
The Brennan Center's publications and public advocacy further promote the values of meaningful redistricting reform: counting the population and redrawing the district lines in a way that is equitable, fair, and sensitive to diversity. The Brennan Center's publication include:
- A Citizen's Guide to Redistricting, a thorough but user-friendly review of the redistricting process that serves as a valuable primer for those new to the topic and a quick-reference guide for seasoned experts.
- The Real Y2K Problem, an accessible analysis of the technical and legal issues facing legislators and reform advocates in redistricting.
- Beyond the Color Line?, focusing on the ramifications of redistricting, and the litigation that often results, for race and representation.
Brennan Center attorneys have also authored numerous law review articles, magazine pieces, and opinion pieces detailing the promises and challenges of redistricting in the public interest.
United States v. Village of Port Chester
Brennan Center represented Fair Vote in providing remedy to a Section 2 challenge against the Village of Port Chester.
LULAC v. Perry (Sup. Ct. consolidated cases) Session v. Perry (E.D. Tex.)
These Supreme Court cases arose from the Texas Legislature’s notorious mid-decade “re-redistricting” of the state’s congressional districts.
This case arose from a partisan gerrymander of Pennsylvania’s 19 Congressional districts following the 2000 census.
By Jenny Shen and Nic Riley
On Tuesday, June 15, 2010, the Village of Port Chester, NY, elected its first Latino candidate to public office. With just over 10 percent of the vote, Luis Marino, a Peruvian-born custodial worker and long-time Port Chester resident, earned a seat on the Village’s six-member Board of Trustees.
Maryland ends prison-based gerrymandering
In April, Maryland took a bold step that corrects at least one democratic abuse of its prison population. Governor Martin O’Malley signed into law the No Representation Without Population Act. This Act counts individuals who are in prison in their home districts rather than the districts where they are currently incarcerated when redistricting the state.
A Bill to Shed Light on Redistricting
Rep. John Tanner (D-TN) and Rep. Michael Castle (R-DE) introduced the “Redistricting Transparency Act of 2010” this week. What is it, and why is it necessary? If passed, what would it fix?
Illustrations by Risko
New York Passes Landmark Legislation to End Prison-Based Gerrymandering
New York - Last night, the New York State Legislature passed a landmark piece of legislation to end prison-based gerrymandering. This bill comes on the heels of another important policy, passed and signed into law in June, intended to educate people with felony convictions about their right to vote in New York.
Advocates Commend Census Bureau for Enhancing States’ Access Prison Population Data in 2010
This week, the Census Bureau has agreed to produce a new data product that will assist state and local governments in avoiding prison-based gerrymandering, whereby districts that contain prisons are given extra representation in the legislature.
Coalition Urges New York to End Prison-Based Gerrymandering
Today the Brennan Center for Justice urges New York State Senate and Assembly leaders to end prison-based gerrymandering. In most of New York, people in prison are counted in the Census where they are incarcerated rather than in their home communities. This policy skews the demographic characteristics in both urban and rural locales throughout the state. The campaign being launched today will urge passage of legislation that would use the 2010 Census to count people who are in prison in their home districts rather than the districts where they are incarcerated. Sponsored by Senator Eric Schneiderman and Assemblyman Hakeem Jeffries, the legislation could affect the redistricting landscape in upcoming elections.
Testimony of Myrna Perez and Justin Levitt before the Michigan House Judiciary Committee
Myrna Perez and Justin Levitt testify on HB 5914, legislation that gives the primary state legislative redistricting authority known as the Legislative Service Bureau, the nonpartisan agency currently tasked with researching and drafting statutes.
Memorandum In Support of Senate Bill 6725
The Brennan Center for Justice writes in support of Senate Bill 6725, which requires the Department of Corrections to provide incarcerated persons’ place of residence prior to incarceration so that such individuals can be counted as residents of their home communities rather than as residents of their place of incarceration for purposes of state and local redistricting.
Testimony of Justin Levitt before the Illinois Senate Redistricting Committee
Justin Levitt provides an overview of the need for reform in Illinois and highlights some important components effective reform should incorporate.
Letter to Mayor Koch on New York Uprising Proposals
On April 28, 2010 the Brennan Center wrote a letter to Mayor Koch regarding New York Uprising’s proposal to promote non-partisan, independent redistricting in New York.
California’s Redistricting Process
This analyzes California’s current redistricting process that was modified significantly by a 2008 ballot initiative.
Analysis of Michigan’s HB 5914
An analysis of a proposed statute in Michigan that would give the primary state legislative redistricting authority to the Legislative Service Bureau. This legislation does not affect congressional districts.