Supreme Court Upholds Arizona Voting Laws Against Sec. 2 Voting Rights Challenge in Brnovich

The U.S. Supreme Court issued its opinion today overturning a lower court's decision striking down two Arizona voting laws under Section 2 of the Voting Rights Act of 1965. The two laws the court upheld restricted out-of precinct voting and certain ballot collection activities in Arizona. Many experts view this as a severe weakening of the Voting Rights Act's protections for minority voters. The Court did seem to distinguish its interpretation of Section 2 in this case, from how it is applied in minority vote dilution redistricting map cases. Read the opinion here. The two voting laws at issue require…
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Federal Court Rejects Alabama’s Census Lawsuit

An Alabama federal district court has rejected the State of Alabama's lawsuit requesting that the U.S. Census Bureau refrain from using the differential privacy method to modify individual census responses and move up the release of census data. Read the opinion here. The case in all likelihood will be appealed directly to the U.S. Supreme Court. The court writes: "On March 10, 2021, the State of Alabama, Congressman Robert Aderholt, and two Alabama voters (collectively, “Plaintiffs”) brought this suit against the U.S. Department of Commerce (“the Department”), the U.S. Bureau of the Census (“the Bureau”), and certain federal officials (collectively,…
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MALDEF Challenges Democratic Drawn Illinois State Legislative Map Citing Legislature’s Use of Census Survey Data

The Mexican American Legal Defense Fund has sued in federal court after the Illinois legislature passed and the governor enacted a state legislative district map drawn using 5 yr census survey data (ACS) in place of the actual population count from the 2020 census. Read the complaint here. The complaint contends that the General Assembly has yet to release the alleged populations of the individual representative and legislative districts in the enacted map. The map was drawn by the legislature using ACS data due to the late release of the traditional population data used for redistricting, which is not anticipated…
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Illinois Minority Leaders Challenge State Legislative Map Drawn with Census Survey Data

On June 4, Democratic Governor J.B. Pritzker signed a state legislative district map drawn and approved by the Democratic majority in the legislature. The Senate and House minority leaders have in turn sued to have the map overturned in federal court on account of the data that was used for balancing population between districts was census 'survey' estimate data (from the American Community Survey (ACS)), and not the hard count data historically used for redistricting. Read the complaint here. The controversy stems from the months-long delay in delivery of redistricting population data by the Census Bureau due to the Covid-19…
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Census Bureau Sets Key Parameters to Protect Privacy in 2020 Census Results

Census Bureau Sets Key Parameters to Protect Privacy in 2020 Census Results

The Census Bureau announced today the final framework for implementing its privacy algorithm (aka "disclosure avoidance or "differential privacy") on the 2020 census data. The specific settings (indicated below) determine the balance between accuracy and privacy in the data. In short, it determines how much statistical "noise" will be injected into the data. This decision comes after several notable criticisms of demonstration data that had been treated with the algorithm. Quick Info for Statistical Professionals: The latest set of demonstration data was set at an epsilon of 12.2. Today, the bureau's Data Stewardship Executive Policy Committee chose an epsilon of…
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Monthly Redistricting Update: May

Monthly Redistricting Update: May

2020 CENSUS Two Studies Find Major Issues with Soon to Be Released Census Data Due to Differential Privacy Election Data Services Report Gives Context to 2020 Apportionment Results IN THE STATES Connecticut Gov. Ned Lamont signs bill ending prison gerrymandering Wisconsin Supreme Court Rejects Bid to Fast-Track Future Redistricting Litigation 2020 California Citizens Redistricting Commission Hires Anthony Pane as Chief Counsel Michigan Independent Citizens Redistricting Commission Launches Online Public Comment Portal  
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Two Studies Find Major Issues with Soon to Be Released Census Data Due to Differential Privacy

Two Studies Find Major Issues with Soon to Be Released Census Data Due to Differential Privacy

A team of researchers at Harvard University and a separate team at the University of Minnesota have published reports offering a troubling assessment of the U.S. Census Bureau's use of differential privacy or disclosure avoidance system (DAS) to block would-be hackers from identifying the personal information of everyone who participated in the 2020 census. In short, both conclude that the soon-to-be-released census data will not be accurate enough for redistricting. Read both studies here: Harvard Study. University of Minnesota Study. These reports and others are responses solicited by the Census Bureau in its effort to promote transparency and obtain feedback…
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Connecticut Gov. Ned Lamont signs bill ending prison gerrymandering

Connecticut Gov. Ned Lamont signs bill ending prison gerrymandering

Press release from the Prison Policy Initiative.   Connecticut becomes the 11th state to end the practice of prison gerrymandering. May 27, 2021 For Immediate Release – Yesterday, Connecticut Governor Ned Lamont signed a bill ensuring that people in state prisons will hereafter be counted as residents of their home addresses when new legislative districts are drawn. The new law makes Connecticut the eleventh state to end the practice known as prison gerrymandering, after Illinois passed its own bill earlier this year. The national movement against prison gerrymandering began in 2001 when the founders of the Prison Policy Initiative discovered that the sheer size of…
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Wisconsin Supreme Court Rejects Bid to Fast-Track Future Redistricting Litigation

The Wisconsin state supreme court declined on Friday, to include all redistricting cases in its original jurisdiction. The decision was in response to a petition by the Wisconsin Institute for Law and Liberty to fast-track redistricting litigation in the state by having that court conduct a full trial and devise remedies at the outset as opposed to just conducting an appellate review of lower court decisions. Read the court decision here. The court declined any blanket rule for redistricting challenges and instead indicated that it would decide on whether original jurisdiction applies on a case-by-case basis. "as drafted, the procedures…
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2020 California Citizens Redistricting Commission Hires Anthony Pane as Chief Counsel

2020 California Citizens Redistricting Commission Hires Anthony Pane as Chief Counsel

SACRAMENTO, CA—This week, the 2020 California Citizens Redistricting Commission (Commission) announced the hiring of Anthony Pane as Chief Counsel. Mr. Pane joins the Commission from the California Department of Consumer Affairs (DCA), where he managed the day-to-day activities of attorneys and advised Board/Bureaus on Bagley-Keene requirements among other things. PRESS RELEASE : May 7, 2021 2020 California Citizens Redistricting CommissionHires Anthony Pane as Chief Counsel “The Commission is fortunate to have Mr. Pane join our team,” stated Chair Alicia Fernández. “He brings a wealth of experience working for state agencies and advising on Bagley-Keene Open Meeting Act adherence, the state…
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