‘It’s not red. It’s not blue. It’s just fair.’ Redistricting reform back in spotlight in Pa.
With the 2020 U.S. Census fast approaching, Fair Districts PA says now is the time to put a system in place that “changes the rules of the game” in redrawing voting districts, though not all legislators agree with the proposed changes.
Gerrymandering — the manipulation of electoral boundaries for political advantage — has been contested at local, state and national levels for years. Pennsylvania is ranked as one of the most gerrymandered states, and Fair Districts PA, a nonpartisan coalition, wants to rectify this problem.
In 2018, the Pennsylvania Supreme Court ruled that the 2011 congressional district map — drawn by Republicans and signed into law in 2011 by then Republican Gov. Tom Corbett — was in violation of the state constitution, so the court redrew the map and issued a new one.
With this change, Centre County was redrawn into the 15th and 12th districts, with the majority of the area falling into the 15th, but much of State College and the southeastern part of the county reside in the 12th District, which includes Clinton, Mifflin and Juniata counties.
Fair Districts calls that a “short-term fix” to a problem that will likely repeat itself — unless elected officials vote for legislation that would eliminate politicians from the redistricting process.
“As much as we would like to give people credit for bargaining in good faith ... people cheat,” Debbie Trudeau, Centre County Fair Districts co-leader, said. “We need to remove the incentives for any kind of twisting and distorting.”
A more than 200-year-old issue, gerrymandered maps are easier to draw due to advanced technology and data that lets politicians select who they want in or outside of their district. Research shows constituents support fair redistricting laws, and advocates say the system will stay the same unless elected officials support bills that reform redistricting laws, but some local representatives aren’t sure an independent commission is the best solution.
How does redistricting work?
Every 10 years after the Census is complete, Congressional districts — lines that define who represents a specific population in the U.S. House of Representatives — and state legislative districts — lines that determine who represents a group in the state House and Senate — are redrawn.
The U.S. Constitution gives states primary authority to regulate federal elections, including congressional redistricting, but Congress can supersede state laws. The Pennsylvania Constitution mandates that state legislative districts be drawn by a five-member commission that is responsible for drawing district maps. Four of its members are the majority and minority leaders of the House and Senate. Together, they pick a fifth individual to serve as chair, but if they cannot reach an agreement, the state Supreme Court appoints a chairperson.
The Legislature does not vote on the maps, and the governor does not have the authority to sign or veto them.
These are the rules Fair Districts wants to change.
What’s proposed: 2 Bills, 1 Commission
House Bills 22 and 23 aim to change the process by implementing built-in checks and balances. If passed, the bills would prohibit party leaders from having influence over election outcomes by creating an independent commission with no political ties as being responsible for drawing district maps.
Commission members would go through an application and selection process before being appointed to the board.
House Bill 23 does not require a constitutional amendment. If passed, HB 23 would create an independent citizens commission comprised of 11 registered voters, four Republicans, four Democrats and three unaffiliated or third-party voters. The individuals selected would be responsible for drawing federal congressional districts. The commission would hear public input before and after drawing maps, cast elimination votes in the event of a deadlock, and maps must meet certain guidelines before being made official.
House Bill 22 requires a constitutional amendment, meaning it must pass two consecutive sessions of the General Assembly and be approved by voters in May 2021. If enacted, HB22 would define how to draw state legislative districts by creating an independent commission with the same safeguards and fail-safes as HB23.
Both pieces of legislation were introduced in 2019. Both chambers would have to pass the bills in the summer. HB 23 would then be signed into law by Gov. Tom Wolf. In 2021, HB 22 would be introduced and passed a second time. Once the Census data is released, the commission would then draw federal congressional districts.
Similar legislation, Senate Bill 22, was introduced in 2018. The bill passed in the Senate but failed in the House.
Support among Pennsylvania voters
In September 2019, the Center for Opinion Research at Franklin and Marshall conducted a statewide survey of registered voters on the topic of government reform, specifically redistricting reform. According to the results, 67% of voters are in support of an independent commission to draw state and federal districts, including 66% of Democrats, 78% of Independents and 63% of Republicans.
Across the state, 21 boards of commissioners, including Centre County, have adopted resolutions in support of fair redistricting practices, in addition to 330 municipalities — 27 in Centre County.
On Election Day in November, over 400 Fair Districts volunteers talked to voters about gerrymandering and invited them to sign a petition in support of an independent redistricting commission. By the end of the day, the coalition garnered more than 12,000 signatures.
While data shows support among voters for fair redistricting laws, change cannot happen unless elected officials vote in favor of the legislation. With that, Fair Districts PA is challenging politicians to vote in a way that reflects their constituencies.
Senate Majority Leader Jake Corman, R-Benner Township, voted in favor of the 2018 bill, but said the House was not satisfied with how it was organized. Heading into the 2021 redistricting cycle, Corman said he would vote in favor of legislation that would prohibit gerrymandering but said compromise might be necessary for the House to pass the bills.
“We have until June of this year, so we’re just trying to work with the House to make something that they’re supportive of,” Corman said.
State Rep. Scott Conklin, D-Rush Township, and Rep. Rich Irvin, R-Spruce Creek, have supported independent redistricting bills at the state and federal levels, and while the bills haven’t seen any movement, both representatives said they will continue to promote fair redistricting laws.
“The reason this country is so divided isn’t because of the people, it’s because of the politicians,” Conklin said. “If we really want to have good government, we need to have fair redistricting. Politicians should not be able to pick the people they represent. The people should pick their politicians.”
What is a fair district?
The greatest pushback Fair Districts receives, Trudeau said, is about bias among commission members, but she and fellow Fair Districts member Liz Kisenwether think it is possible to put preference aside when drawing district maps.
“Of course, we all have our preference in the privacy of the voting booth, but I think we can all agree on the rules of the game and that those be fair,” Trudeau said.
The proposed commission, Kisenwether said, establishes a balance that doesn’t exist in the state’s current system. Kisenweather said Fair Districts tries to shift the focus away from political parties and focus on candidates and fairness instead.
“It’s not red. It’s not blue. It’s just fair,” Kisenwether said.
State Rep. Kerry Benninghoff, R-Bellefonte, is hesitant that commission members will be unbiased in their decisions and is unsure the district guidelines they propose are truly “fair.”
“Government always has room for improvement. I’m all for government refining (redistricting laws),” Benninghoff said. “An independent commission sounds good, but how do you choose that?”
The commission’s makeup, Benninghoff said, is rooted in political parties and beliefs.
“I think we’re fooling ourselves to put a group together and assume they will be unbiased,” he said. “Everybody has opinions. Everybody has bias ... to me, there’s so much focus on party affiliation.”
In the past, gerrymandering was a major problem, Benninghoff said. In recent years, he thinks the legislature has been cognizant of the issue. While there is room for improvement, Benninghoff said he won’t vote to pass any bill until he is convinced an unbiased commission can be formed and there is a consensus on what makes a district “fair.”
Not wanting to break up central Pennsylvania or vote for a potentially worse system, Benninghoff said he is considering multiple redistricting proposals before he votes on any proposed legislation.
“Let’s make sure we’re making something that’s better,” he said.
State Rep. Stephanie Borowicz, R-McElhattan, did not respond to requests for comment and has not publicly taken a stance on redistricting reform.
This story was originally published January 30, 2020 at 5:00 AM.
