Opinion

Editorial: Legislators - Stop using courts to stall. End gerrymandering, pass nonpartisan redistricting now

Monday, July 22, 2019 -- The way we now elect legislators and members of the U.S. House of Representatives is an affront to the will of the people. It must change. Regardless of what the courts do, it is time now to talk about, develop and pass laws that form a non-partisan system -- with a citizen panel, using objective criteria and not political data - to draw congressional and legislative election districts. It is time to stop allowing politicians to pick their voters. We cannot continue to deny representation to hundreds and thousands of North Carolina citizens. This should be on the ballot in 2020.

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Gerrymandering trial aims to challenge state voting districts
CBC Editorial: Monday, July 22, 2019; Editorial #8446
The following is the opinion of Capitol Broadcasting Company.
The first week of the state court trial over partisan gerrymandering is behind us.
So far it appears Republican state legislative leaders relied heavily, if not exclusively, on the work of GOP redistricting consultant Thomas Hofeller to develop plans that guaranteed the election of as many Republican legislators as possible, regardless of almost any other criteria.
There’s still at least a week more of testimony before the three judges will determine if the process violated the State Constitution. Regardless of how they might rule, the way we now elect legislators and members of the U.S. House of Representatives is an affront to the will of the people. It must change.

It is time now, regardless of what courts do, to talk about, develop and pass laws that form a non-partisan system -- with a citizen panel, using objective criteria and not political data – to draw congressional and legislative election districts. It is time to stop allowing politicians to pick their voters. We cannot continue to deny representation to hundreds and thousands of North Carolina citizens. This should be on the ballot in 2020.

State Rep. David Lewis has offered up the opinion that the U.S. Supreme Court determined that “redistricting is an issue to be worked on in the General Assembly, by elected legislators, not courts.” Lewis, who isn’t a lawyer or judge, is wrong.
In fact, Chief Justice John Roberts DID say it should be up to the courts, STATE COURTS. “Excessive partisanship in districting leads to results that reasonably seem unjust. But the fact that such gerrymandering is ‘incompatible with democratic principles’ does not mean that the solution lies with the federal judiciary. … Provisions in state statutes and state constitutions can provide standards and guidance for state courts to apply.” You can look it up right here.

So, the dispute is rightly before a state court.

And Lewis shouldn’t be so quick to decry the role of the federal or state courts. He well knows, or should know, that since the 1980s, Republicans skillfully used the courts to challenge and change a variety of legislative and congressional redistricting plans. Lewis has famously made no secret of what his goals are in drawing election districts.

“I acknowledge freely that this would be a political gerrymander which is not against the law. I propose that we draw the maps to give a partisan advantage to 10 Republicans and three Democrats because I do not believe it's possible to draw a map with 11 Republicans and two Democrats,” he said in 2016.

We agree with one more recent assessment Lewis offered. “If there are better ways to draw maps, let’s talk about it.”

Great. We take you at your word. And there is.

It’s is PAST TIME for Lewis – and the leaders in the state Senate – to take up and pass legislation to institute a non-partisan system to create legislative and congressional election districts.

The don’t have to look far for proposals. (There are five bills filed (HB 69; HB 140; HB 648; HB 827; and the best of the bunch -- SB 673). None are perfect but all are better than what we’ve got now. All would lead to fairer representation and avoid the heavy-handed partisan shenanigans that have plagued election map-drawing for the last 40 years. The content of these bills should look familiar. Most of them sponsored similar legislation in the House and Senate when the GOP was the minority party in the General Assembly.

Lewis and his fellow leaders should put their zeal and clout – which we’ve seen be overwhelming – behind passing a bill that will amend the State Constitution for a non-partisan citizen redistricting commission that will:

  • Be comprised of equal numbers of Democrats, Republicans and those who aren’t affiliated with any of the major parties. Appointments should be shared equally between the legislative and executive branch of state government – along with a significant number selected at random from qualified applicants who want to serve.
  • Exist independent of the legislature or executive branches of government with its own budget and staff (akin to the operation of the State Utilities Commission).
  • Require the commission’s meetings and materials be public and that public hearings are held throughout the state prior to adoption of any plans.
  • Allow for the appointment of an impartial “special master” if the commission is unable to adopt a plan.
  • Empower the commission’s plan to become law. There would be NO direct involvement of the General Assembly or executive branch of government.

This is not a heavy lift by any stretch. If Lewis and his fellow legislative leaders are serious about getting redistricting out of the courts, let the people vote on mandating non-partisan redistricting and enact the laws to do it.

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