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Politics: Where to draw the line

Author: Chris Faraone
Publication: MetroWest Daily News

May 31, 2005 - A map of state Rep. Marty Walz's 8th Suffolk legislative district resembles Snoopy straddling the Charles River.

"I represent six neighborhoods in two cities in two separate counties," said Walz, whose district stretches from the elite Beacon Hill neighborhood to the student-immigrant sections of Cambridge.
Walz said her geographically and politically convoluted district was redrawn in retaliation against a political opponent of former House Speaker Thomas Finneran, who was in power during the 2001 redistricting of the Legislature.

That plan, which would have moved 19 percent of minority voters from Finneran's district, was thrown out by a three-judge federal panel that ruled it "sacrificed racial fairness to the voters on the altar of incumbency protection." Finneran, who retired last year, is under investigation for allegedly perjuring himself about his role in the redistricting plan.

Such evidence of the influence of power politics over the way the state's legislative districts are drawn has given new ammunition to lawmakers and others who want to change the way the districts are reconfigured every 10 years.

The Legislature is considering a constitutional change that would move the redistricting authority from a handful of lawmakers to a nonpartisan, independent commission.

Reformers say the plan would create fairer districts, give minorities better representation and avoid splitting constituencies, as was done in Walz's district. But there are opponents to the plan. Some lawmakers question the composition of the proposed commission. Others are unwilling to give up legislative authority over redistricting.

"How are we helping our credibility by just turning over the process," said Rep. Karen Spilka, D-Ashland.

The history of political mischief in the redistricting process is nearly as old as the country. In 1812, Massachusetts Gov. Elbridge Gerry famously meddled with the redrawing of an election district so severely it resembled a salamander.

His actions gave rise to the word "gerrymandering," a term used to describe such politically motivated actions.

National reform movements against gerrymandering began in the 1960s. A legal challenge resulted in the U.S. Supreme Court's 1962 ruling that representative districts must have equal population. The 1965 Voting Rights Act signed by President Lyndon Johnson sought to end the disenfranchising of black communities through redistricting.

Groups such as Common Cause and the Massachusetts League of Women Voters have been concerned about redistricting since the 1970s.

"Minority voters have been on the short end of the redistricting stick for years," said Pam Wilmot, executive director of Common Cause Massachusetts.

Wilmot said gerrymandering is a tool used by both parties. She cites the recent carving up of Texas districts to the detriment of Democrats, who in earlier years did the same to Republican legislators.

"We need to stop the tit for tat," Wilmot said. "It's wrong no matter who's doing it."

Common Cause was among a coalition of reformers that helped draft Senate Bill 12, a proposal that would transfer redistricting power from legislative committees to a nonpartisan independent commission.
The bill calls for district maps that "group communities of interest, as defined by similarities in social, cultural, ethnic and economic interest." The bill also states, "No district shall be drawn for the purpose of diluting the voting strength of a language or racial minority group, or augmenting or diluting the voting strength of a political party, or any individual."

The proposal was drafted to follow laws in seven other states with proven independent commissions. Wilmot claimed none of the independent commissions in those states have ever lost a redistricting lawsuit.

The bill must be passed in two succeeding years by the House and Senate meeting in a state constitutional convention. The amendment would then go to voters in 2008. Because district lines are redrawn every 10 years to reflect population changes recorded by the Census, the reformers' plan could take effect in the 2010 redistricting.

"It's time to take a better look at this issue now, when we're so far away from when it would take place," said state Sen. Richard Moore, D-Uxbridge, the bill's lead sponsor.

Fifty-eight representatives and senators signed on to Senate Bill 12. "It's out of hand," said state Sen. Steve Tolman, D-Boston, of the current redistricting process. "It's time to take the B.S. out of it and do it right."

In April, Tolman, Walz and more than a dozen other legislators joined citizens and voting-rights advocates to testify before the Joint House-Senate Committee on Election Laws. The 17-member bipartisan committee with state Sen. Edward Augustus Jr., D-Worcester, and state Rep. Anthony Petruccelli, D-Boston, as co-chairmen, listened to more than three hours of testimony challenging the way districts are now redrawn.

"Does the leadership run the redistricting in this building?" Rehoboth Democrat Philip Travis said. "You'd better believe it. If you don't think so, you're kidding yourself."

Although committee members conceded redistricting reform is needed, several challenged how Senate Bill 12 would change things. The prevailing gripe was the bill's plan for an independent nonpartisan commission.

"I'm a pessimist at heart," said committee member state Sen. Scott Brown, R-Wrentham. "I have yet to meet a group that doesn't have a hidden agenda."

Senate Bill 12 proposes an Independent Redistricting Commission (IRC) that would consist of five direct appointees. It would include:

  • One political scientist appointed by the governor.
  • One retired justice appointed by the chief justice of the Supreme Judicial Court.
  • One former chief of elections or member of a nonprofit voting rights advocacy group appointed by the secretary of state.
  • One person appointed by the Lawyers Committee for Civil Rights.
  • One person appointed by the League of Women Voters.

The five direct appointees would consider nominees made by the Senate president, Senate minority leader, House speaker and House minority leader for the four remaining commission seats.
Under the proposal, legislators would be barred from amending maps drawn by the IRC. The House and Senate would have the option of rejecting three redistricting plans, with the fourth one taking effect without a floor vote. The entire process would also be open for public observation and comment.
Some committee members decried the proposal as overly punitive to the Legislature. They said the measure usurps its authority to redraw district maps.

"This makes us look foolish and guilty when we aren't either," said state Rep. Steven Walsh, D-Lynn.
But Alex Keyssar, a social policy professor at Harvard University's Kennedy School of Government, said it is illogical for legislators to have a hand in the process.

"Election system reforms, like redistricting, are different than other types of reform because they directly involve and implicate the careers and futures of the people who are being asked to vote on the reforms," Keyssar said.

According to a Common Cause survey, Massachusetts residents agree. Sixty-seven percent of 229,425 people polled support shifting the redistricting authority from the Legislature to an appointed panel.
Still, the fate of the proposal remains uncertain. The election laws committee gave Senate Bill 12 a negative report, raising doubts it could get enough votes to pass a constitutional convention.

State Rep. Paul Frost, R-Auburn, who dissented on Senate Bill 12, said he was fearful an independent board would create more political strife by redrawing districts that would force incumbents to campaign against each other. He also questions claims the bill would encourage better representation for minorities.

"There's an illusion that an independent board will not split communities, and that's not the case." Frost said.

Wilmot said Common Cause is not surprised by the committee's decision.

"This bill is almost like a trial balloon," Wilmot said. "We understood that we were not going to come up with the perfect solution the first time around, particularly about who's going to be on the commission."
Should the constitutional convention route fail, Wilmot said Common Cause and reform allies would consider gathering signatures to get the fair districts amendment on the 2008 ballot.

"We're pretty much where we expected to be," she said. "Now it's time to build public support."
Reform advocates and experts predicted an uphill battle.

"My guess is you won't get this perfect the first time," said Harvard's Keyssar. "Trying to change such rules is sometimes like getting the foxes to change the rules of access to the chicken coops."

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