Voting Precincts
are
geographic areas within each county which eligible residents vote to elect their party representatives
known as a precinct committeeman. Everyone in Twin Falls County
Why Do
Redistricting?
Redistricting is the
redrawing of legislative districts. By federal law, redistricting must occur
following a census for two reasons. First, new districts must be drawn when a
state gains or loses congressional districts as a result of the apportionment of
congressional districts to the states. Second, even if the number of districts
does not change, governments must redraw districts so that the districts have
equal populations. These are the reasons why redistricting must occur. Some
governments may choose to conduct redistricting for political reasons. The most
infamous case in recent times was the 2003 re-redistricting in
Apportionment
Article 1, Section 2 of the United States constitution requires the federal government to conduct a census of its population every ten years for the purpose ofapportioning U.S. House of Representatives seats among the states. Each state is given a number of seats roughly equal to their population, with every state guaranteed at least one seat. Since the number of U.S. House seats is fixed at 435, a new apportionment results in some states gaining congressional seats and some states losing congressional seats. Since all states today have single-member congressional districts, changing the number of seats a state has forces a state to redraw their districts.
Balancing District Populations
When districts have unequal populations, this is known as malapportionment. For example, persons living in a district with 1,000 persons would have ten times more representation than a district with 10,000 persons.
In the 1964, the U.S. Supreme Court made two landmark rulings, Wesberry v. Sanders and Reynolds v. Sims, requiring congressional and state legislative districts to be redrawn in a timely manner following the census so that their populations would be roughly equal. Some states had failed to draw new districts for as many as sixty years, which had provided slow growing rural areas with more representation than fast growing urban areas. At the time of the so-called reapportionment revolution, balancing district populations was predicted to shift government policies towards those favored by urban interests and even to limit gerrymandering.
These rulings and many others effectively nullified state practices of apportioning their state legislative seats among their counties or towns; for example, providing every county one seat and apportioning the remainder among the larger population counties (ironically, a process similar to the apportionment of congressional seats to the states). Many states amended their constitutions to revise their redistricting processes, so that the federal courts would not nullify this section of their state constitution.
How Often Can a State Redistrict?
In 2003, the nation was captivated by a group of Democratic Texas state legislators who fled the state to prevent Republicans from gerrymandering the state's congressional districts. At stake was Democratic-favored redistricting plan adopted by a court for the 2002 congressional elections, adopted after the state legislature failed to enact a redistricting plan. Eventually, Democrats relented and returned toTexas
The Supreme Court ruled in LULAC v Perry that there is no federal prohibition on mid-decade redistricting. Some states have prohibitions on mid-decade redistricting written into their constitutions, statutes, or their state courts have ruled the practice is illegal.Texas is not one of these states, so the U.S. Supreme
Court let the Texas districts stand, at least
on these grounds (a Voting Rights challenge to the Texas
Article 1, Section 2 of the United States constitution requires the federal government to conduct a census of its population every ten years for the purpose ofapportioning U.S. House of Representatives seats among the states. Each state is given a number of seats roughly equal to their population, with every state guaranteed at least one seat. Since the number of U.S. House seats is fixed at 435, a new apportionment results in some states gaining congressional seats and some states losing congressional seats. Since all states today have single-member congressional districts, changing the number of seats a state has forces a state to redraw their districts.
Balancing District Populations
When districts have unequal populations, this is known as malapportionment. For example, persons living in a district with 1,000 persons would have ten times more representation than a district with 10,000 persons.
In the 1964, the U.S. Supreme Court made two landmark rulings, Wesberry v. Sanders and Reynolds v. Sims, requiring congressional and state legislative districts to be redrawn in a timely manner following the census so that their populations would be roughly equal. Some states had failed to draw new districts for as many as sixty years, which had provided slow growing rural areas with more representation than fast growing urban areas. At the time of the so-called reapportionment revolution, balancing district populations was predicted to shift government policies towards those favored by urban interests and even to limit gerrymandering.
These rulings and many others effectively nullified state practices of apportioning their state legislative seats among their counties or towns; for example, providing every county one seat and apportioning the remainder among the larger population counties (ironically, a process similar to the apportionment of congressional seats to the states). Many states amended their constitutions to revise their redistricting processes, so that the federal courts would not nullify this section of their state constitution.
How Often Can a State Redistrict?
In 2003, the nation was captivated by a group of Democratic Texas state legislators who fled the state to prevent Republicans from gerrymandering the state's congressional districts. At stake was Democratic-favored redistricting plan adopted by a court for the 2002 congressional elections, adopted after the state legislature failed to enact a redistricting plan. Eventually, Democrats relented and returned to
The Supreme Court ruled in LULAC v Perry that there is no federal prohibition on mid-decade redistricting. Some states have prohibitions on mid-decade redistricting written into their constitutions, statutes, or their state courts have ruled the practice is illegal.
How Do We Do
Redistricting?
Article
1, Section 4 of the
U.S. Constitution states, "The Times, Places and Manner of holding
Elections for Senators and Representatives, shall be prescribed in each State
by the Legislature thereof; but the Congress may at any time by Law make or
alter such Regulations, except as to the Place of Chusing Senators."
Effectively, this means that state legislatures are granted primary authority to regulate federal elections, including how their congressional district lines are to be drawn. However, Congress is the ultimate authority, and may supersede state laws. Congress has exercised this authority, for example, to require single-member districts and to enhance racial and ethnic minority groups' representation. The federal courts have interpreted the federal constitution to require equal population districts. Congress has not mandated a congressional redistricting procedure, despite many bills that have been introduced. States thus retain their authority to draw districts -- congressional, state legislative, and others -- within these federal guidelines.
States decide how they will redistrict. The state constitution and statutory requirements may be found here.
Effectively, this means that state legislatures are granted primary authority to regulate federal elections, including how their congressional district lines are to be drawn. However, Congress is the ultimate authority, and may supersede state laws. Congress has exercised this authority, for example, to require single-member districts and to enhance racial and ethnic minority groups' representation. The federal courts have interpreted the federal constitution to require equal population districts. Congress has not mandated a congressional redistricting procedure, despite many bills that have been introduced. States thus retain their authority to draw districts -- congressional, state legislative, and others -- within these federal guidelines.
States decide how they will redistrict. The state constitution and statutory requirements may be found here.
State
Redistricting Procedures
The procedures vary among the
states, and can even vary within the same state for congressional and state
legislative redistricting. States generally use one of two methods.
- States that use
the regular legislative process, the same for any bill.
- States that use
a commission somewhere in the process. These commissions come in three
flavors:
- The commission
as the sole redistricting authority
- The commission
in an advisory role to the legislature, offering redistricting plans that
the legislature may adopt through the legislative process.
- The commission
as a backup to the legislative process, if legislative gridlock occurs.
Commissions further generally
vary on their membership and voting rules.
- Partisan
commissions have an unequal number of partisan members who adopt a
redistricting plan on a majority vote.
- Bipartisan
commissions have an equal number of partisan members and either adopt a
redistricting plan on a majority vote or select a tie-breaking
commissioner by a majority vote.
- Nonpartisan
commissions in
If a state fails to draw a legal redistricting plan, the
federal or state courts will impose a redistricting plan that satisfies
constitutional requirements. Often, courts become involved when a state fails
to act, and a court must intervene to ensure a new redistricting plan with
equal population districts is implemented for the next election. Courts may
also become involved when a state adopts a map that is deficient in some other
way, such as failing to adhere to the Voting Rights Act or a state requirement.
Redistricting Requirements
The federal constitution and statutes impose requirements
that apply to all states: equal population districts, single-member
congressional districts, and some provisions of the Voting Rights Act.
Additional provisions of the Voting Rights Act apply to only certain
jurisdictions.
States may impose additional requirements beyond the federal requirements, such as drawing districts that respect existing political boundaries, physical boundaries, or communities of interest; districts that are compact; and districts that are politically fair. These criteria vary among the states. Links to state constitutional and statutory requirements are available on our State Resources pages.
We provide an overview of these requirements in the links below. Please understand that we cannot provide nuances to all the federal and state law regarding redistricting.
Federal Requirements
States may impose additional requirements beyond the federal requirements, such as drawing districts that respect existing political boundaries, physical boundaries, or communities of interest; districts that are compact; and districts that are politically fair. These criteria vary among the states. Links to state constitutional and statutory requirements are available on our State Resources pages.
We provide an overview of these requirements in the links below. Please understand that we cannot provide nuances to all the federal and state law regarding redistricting.
Federal Requirements
State Requirements
- Contiguity
- Compactness
- Respect
Existing Political Boundaries and Geographic Features
- Respect
Communities of Interest
- Political
Fairness and Political Competition
- Nesting
- Multi-member
districts
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