Alabama Sues Over Census Data Delay and Differential Privacy

The state of Alabama becomes the second state (after Ohio) to sue over delayed census redistricting data. The lawsuit also challenges the Census Bureau's use of differential privacy on census results, which uses an algorithm to change some of the actual reported data. Delayed Census Data The complaint filed in federal district court in Alabama on Wednesday, claims the Bureau's decision to delay data delivery until Sept. 30 and its decision to deliver the data to all 50 states simultaneously, was beyond its authority. The Bureau announced on Feb 12 that it would not meet its statutory deadline and would…
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Understanding the Iowa Model for Redistricting

Understanding the Iowa Model for Redistricting

The "Iowa Model" for redistricting is perhaps the least understood state procedure for redistricting. Iowa is often lauded as the nonpartisan ideal for redrawing boundaries, but in reality, nonpartisan staff draw maps that are advisory in nature and the legislature may direct staff to make changes. Ultimately the legislature can amend the map or simply draw its own. The process however is strictly nonpartisan in the sense that no political data is used in drawing maps and since the statute establishing the process was enacted in 1980, the state legislature has adopted maps drawn by staff. Below is the National…
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What Will an Updated Voting Rights Act Preclearance Formula Look Like?

What Will an Updated Voting Rights Act Preclearance Formula Look Like?

The U.S. Supreme Court effectively halted administrative preclearance for redistricting maps (as well as other voting changes) for states required to do so under section 5 of the Voting Rights Act (see Shelby County v. Holder). This ended the need for the Justice Dept. to preapprove redistricting maps in TX, Georgia, Alabama, several more states, and some local jurisdictions. While the court did not actually invalidate section 5, it did declare the formula that determines which states are covered under section 5 unconstitutional because it had not been updated for some time. With Democrats in control of Congress and the…
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Census Bureau Director’s Blog Post: “Anomalies” in Data are Not as Scary as they Sound

Census Bureau Director’s Blog Post: “Anomalies” in Data are Not as Scary as they Sound

Michael Thieme, Assistant Director for Decennial Census Programs discusses the back-office processing of census data "anomalies" and what that really means. The article, by Thieme's admission, is meant to address the confusion surrounding the term and explain that anomalies are "a signal that the quality checks on the census are working." He gives a detailed and informative look at just what anomalies really are and how the Census Bureau addresses them, including the various categories of anomalies. Thieme also assures readers that "we have not found any anomalies that are impossible to fix." Read the blog entry here.
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New York State Officials Sued Over Funding for Redistricting Commission

New York State Officials Sued Over Funding for Redistricting Commission

The controversy over funding of the New York Redistricting Commission has come to a head as two individuals sue the governor and other state officials over the impasse. One plaintiff is a former candidate for the state legislature and the other, a member of the commission itself. They challenge the decision to provide funding for the commission through a third-party organization as opposed to a direct appropriation, which they claim is required by the state constitutional provision establishing the commission. This is the latest in a months-long saga for the commission that began when funds were not appropriated to the…
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Idaho: Review of Litigation in the 2010 Redistricting Cycle

Idaho: Review of Litigation in the 2010 Redistricting Cycle

In 2012, the Idaho Supreme Court Invalidated the legislative map adopted by Idaho Commission on Redistricting on state constitutional grounds. Twin Falls County v. Idaho Comm’n on Redistricting, No. 39373, 2012, 271 P.3d 1202 (Idaho 2012). This case involves a state constitutional challenge to the legislative apportionment plan adopted by the Idaho Commission on Redistricting. Plaintiffs argued the plan adopted by the commission violated art. III, § 5, of the Idaho Constitution, which states that “a county may be divided in creating districts only to the extent it is reasonably determined by statute that counties must be divided to create senatorial…
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South Carolina: Review of Litigation in the 2010 Redistricting Cycle

South Carolina: Review of Litigation in the 2010 Redistricting Cycle

South Carolina was involved in one major challenge to its congressional and state legislative maps adopted after the 2010 census. A federal trial court declined to invalidate the maps despite the plaintiff's claims of racial gerrymandering and Voting Rights Act (VRA) violations. Interestingly, the trial court's decision came shortly before the Supreme Court's decision in Shelby County, which drastically changed how racial considerations are viewed by courts under Section 5 of the VRA. Backus v. South Carolina, No. 3:11-cv-3120 (D.S.C. Mar. 9, 2012), aff’d, No. 11-1404 (U.S. Oct. 1, 2012) (mem.) Registered voters in South Carolina challenged the General Assembly’s state and congressional redistricting plans…
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Watch: Census Bureau Briefs States On Redistricting Data Delivery Delay

Watch: Census Bureau Briefs States On Redistricting Data Delivery Delay

Watch this virtual briefing by the bureau last week on what exactly is taking so long with the redistricting data that states need to complete maps. Redistricting data will be delayed at least six months until Sep. 30. James Whitehorne, Chief of the Census Redistricting & Voting Rights Data Office at the Census Bureau, briefed state officials during this meeting hosted by the National Conference of State Legislatures. The meeting begins with a short update on the status of H.R. 1, a sweeping election reform bill currently moving through Congress that would impose dramatic structural changes to the congressional redistricting…
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Highlights of the John Lewis Voting Rights Advancement Act (H.R. 4)

Highlights of the John Lewis Voting Rights Advancement Act (H.R. 4)

During the 116th congress in 2019, the Voting Rights Advancement Act was introduced in the Senate by Senator Leahy. The bill is expected to be reintroduced in some form in the current 117th congress. Below are the highlights of the bill’s provisions as articulated by Sen. Leahy’s office. You can read a more in-depth explanation of the first two points here. creates a new coverage formula that applies to all states and hinges on a finding of repeated voting rights violations in the preceding 25 years. establishes a targeted process for reviewing voting changes in jurisdictions nationwide, focused on measures…
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PlanScore Announces Online Redistricting App for Measuring Partisan Bias

PlanScore Announces Online Redistricting App for Measuring Partisan Bias

As the push for more transparency and less partisanship in redistricting intensifies, PlanScore aims to be "a trusted, non-partisan resource for the redistricting efforts to come in the 2020 cycle." The nonprofit organization formed by top legal, academic, and technical experts in the field, will do this by offering an online diagnostic tool for redistricting maps. The Online App The online service will assist legislative staff and the general public by allowing any geographic file uploaded by site visitors to be checked for its partisan, demographic, racial, and geometric features. The analysis gives plan-wide scores for several statistical measures that…
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