A simple way to end gerrymandering — which Congress made illegal in 1967

Years back, a law professor told me that when she teaches a class on the drawing of legislative districts, she leaves the issue of multi-member districts for last because it solves all the problems too well and makes the rest of the material uninteresting.

I was reminded of that when I read Kim Soffen’s Upshot column about the way geography rather than gerrymandering disadvantages Democrats in Florida when it comes to the US House of Representatives.

Everything she writes is true. Given the concentration of the state’s Democratic Party voters in high-density, deeply blue areas around Miami, it is extremely “natural” to draw a map that has a heavy GOP tilt.

But even though every state in the union does it this way, it’s not a law of nature that you have to allocate Florida’s 27 House seats by dividing the state into 27 equal population slices. You could easily treat the state as one 27-member district whose members are elected proportionately. That’s how they do it in Germany, Denmark, the Netherlands, and many other countries that prefer not to be beset by highly politicized district boundary questions. A really big state like California or Texas you might want to split into two or three multi-member districts…

The point, however, is that how to create a fair system, in which the number of seats in a legislature that a party receives is proportional to the number of votes it receives, is a solved problem.

The trouble for the United States is a deeply misguided 1967 law that banned multi-member districts. The government’s concern was that a state like Georgia might say, “We’ll just elect all 14 of our House members at large,” and that way no African Americans would get elected. Of course this concern doesn’t apply to a proportional system, which, if anything, would have the opposite result — you could ensure that black and Latino members would get elected without needing to resort to funny-looking majority-minority district boundaries. So the problem of holding fair elections in Florida isn’t unsolvable, but it will take an act of Congress to fix — which is almost as bad.

Doing anything up to and beyond reason to keep the 2 useless parties in power gets you into quandaries like this. There are a few folks in Congress with the gumption to introduce legislation to correct this. Maybe – as we sneak up on the next census – there may be a for-real attempt to sort out democracy.

Who knows? Maybe even lose the silliness of the Electoral College designed to protect white men who also were major land owners/slave owners.

Nice piece of writing from @mattyglesias.

2 thoughts on “A simple way to end gerrymandering — which Congress made illegal in 1967

  1. Update says:

    ‘Putin-style democracy’: how Republicans gerrymander the map https://www.theguardian.com/us-news/2021/apr/11/putin-style-democracy-republicans-gerrymandering-electoral-map-democrats-census
    “Republicans believe they have a great chance to win control of the US House of Representatives in 2022, needing a swing of about six seats to depose Nancy Pelosi as speaker and derail Joe Biden’s agenda.
    To help themselves over the top, they are advancing voter suppression laws in almost every state, hoping to minimize Democratic turnout.
    But Republicans are also preparing another, arguably more powerful tool, which experts believe could let them take control of the House without winning a single vote beyond their 2020 tally, or for that matter blocking a single Democratic voter.
    That tool is redistricting – the redrawing of congressional boundaries, undertaken once every 10 years – and Republicans have unilateral control of it in a critical number of states.”

    • p/s says:

      “The threat of extreme gerrymandering is more acute today than it has ever been because of the combination of an abandonment of oversight by the courts and the Department of Justice, combined with new supercomputing powers,” said Josh Silver, director of Represent.us. The non-partisan group issued a report this month warning that dozens of states “have an extreme or high threat of having their election districts rigged for the next decade”.
      “Frankly,” Silver said, “what we’re seeing around gerrymandering by the authoritarian wing of the Republican party is part of the Putin-style managed democracy they are promoting – that combination of voter suppression and gerrymandering.”
      See https://represent.us/wp-content/uploads/2021/04/Gerrymandering-Threat-Index-RepresentUs.pdf

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