Amendments to H.R. 1 Take Congressional Map-Drawing Out of the Hands of State Legislatures in 2021

By EditorMar 03, 2021

In mid-February, we reported about potential sweeping reforms of the congressional redistricting process in the states proposed by Congress. The bill (H.R. 1) would have been effective in 2030 but newly added amendments on Monday, make it a requirement for states this year. Yes. This year. The amended H.R.1 requires states to either create an agency to establish a commission or designate an existing one to carry out a detailed commissioner selection process. The procedural requirements are substantial and maps created by the commission must meet various rigorous statistical measures to avoid partisan gerrymandering. A vote is scheduled on the…

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Listen: Supreme Court Oral Argument in Brnovich Voting Rights Act (sec. 2) Case

By EditorMar 03, 2021

The Supreme Court heard oral arguments Tuesday in Brnovich v. Democratic National Committee, a lawsuit challenging Arizona's out-of-precinct policy on Election Day, which does not count provisional ballots cast in person that were cast outside of the voter’s designated precinct and its ballot-collection law, which permits only certain persons to handle another person’s completed early ballot. The lawsuit contends these laws violate Section 2 of the Voting Rights Act. While redistricting maps are often challenged for minority vote dilution under Section 2 of the Act, this case involves claims of vote denial as opposed to vote dilution and centers around…

LATEST, LAW, Redistricting, VIDEO, Voting Rights ActArizona, lawindepth, lpscotus, lpvra, national

Is Major Redistricting Reform From Congress On the Way? A Look at H.R. 1

By Michelle DavisFeb 17, 2021

Congress has made redistricting reform in 2021 a top priority. To that end H.R.1 (S.1) was introduced in the current congress and is poised to establish major election reforms should it pass. Nested within H.R. 1 is “subtitle E”, or the “Redistricting Reform Act of 2021.” The Brennan Center for Justice explains that the purpose of the Act is to combat racial injustice and partisan influence in the redrawing of congressional districts. Regardless of one’s policy position on the Act, all can agree that the legislation is a dramatic change from the redistricting status quo. Despite this fact, not many…

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The Census Bureau Sets a Target Date for Long-awaited Redistricting Data Delivery to the States

By EditorFeb 12, 2021

The U.S. Census Bureau announced today the target date for delivering redistricting data to the states; the final component needed to redraw congressional and legislative lines. The relevant excerpts from the bureau's official blog are below. The press release is here. James Whitehorne, Chief of the Redistricting and Voting Rights Data Office, U.S. Census Bureau: If this were a typical decade, we would be on the verge of delivering the first round of redistricting data from the 2020 Census. Our original plan was to deliver the data in state groupings starting Feb. 18, 2021 and finishing by March 31, 2021. …

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What’s New About Redistricting in 2020? – It’s Going To Start Late

By EditorFeb 11, 2021

Really late. The pre-Covid decades were very much predictable in terms of census data releases. The apportionment data, pursuant to statute, would be delivered to the President and Congress by Dec. 31, and redistricting was delivered to the states on a rolling basis throughout March. States with early primaries in that year would get their data first. By April 1 every state would have all of the data needed to begin the redistricting process. This decade, the census data timeline has been delayed and is riddled with uncertainty. The apportionment data was promised by the Census Bureau in January, then…

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Special Citizens Voting-Age Population Tabulation Canceled by Census Bureau

By EditorFeb 10, 2021

While the big news from the Census Bureau regarding the delayed apportionment and redistricting data has dominated the headlines as of late, the bureau also announced that it would be discontinuing its efforts to create a post-2020 “special tabulation” of the citizen voting-age population (CVAP). This special tab would have been a detailed estimate of the citizen voting-age population nationwide. Here is what you need to know about this development. A CVAP Special Tab is already Produced Annually by the Bureau. The special tab that was discontinued by the bureau recently is not the annual CVAP tab that it has…

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Census Bureau Announces Revised Data Release Schedule But Stops Short on Firm Date for Redistricting Data

By EditorJan 28, 2021

The target date for apportionment data is April 30 2021. Bureau officials say a date for the release of redistricting data for the states is forthcoming, but they are certain that date will not be before July 30. A Census Bureau official made these detailed remarks on Wed, Jan. 27 to a group of legislators and staff on a conference/video call organized by the National Conference of State Legislatures. In the past, processing and preparation of apportionment and redistricting data was accomplished in a parallel process. This decade, the Bureau made the decision to focus entirely on producing the apportionment…

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Apportionment Numbers Delayed Until March

By EditorJan 12, 2021

"Uncertainty over the timing of congressional apportionment increased Monday, as government lawyers told a federal judge the Census Bureau's new internal target date for finalizing state population counts is March 6." (Wash. Post) The remarks were made in a case management hearing for a lawsuit against the administration in the U.S. District Court for the Northern District of California. Read the Post article here.

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U.S. Supreme Court Decides Not to Decide Illegal Immigrant Apportionment Case

By EditorDec 18, 2020

The U.S. Supreme Court ruled this week that the White House request to the Census Bureau to modify the population count to exclude undocumented immigrants was not ripe. The per curiam opinion explained that it was premature to resolve the issue of whether the order was constitutional since there were no apportionment numbers available at the time of the oral argument and there was no certainty how the Bureau would implement the memorandum. The wording of the memorandum ordering the Census Bureau to modify the population count gave considerable latitude to officials regarding how and to what extent it would…

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Listen: Supreme Court Oral Argument in Trump Apportionment / Citizenship Case

By EditorDec 01, 2020

On Monday the U.S. Supreme Court heard oral argument in Trump v. New York. This case challenged an executive memo directing the Census Bureau to report official congressional apportionment data so that it excludes the count of non-citizens. For an in-depth analysis of the arguments, read SCOTUSBlog.com's report. Most expert observers say the court seemed preoccupied with the "ripeness" of the issue, or in layman's parlance - whether or not the administration has done anything yet that could possibly violate a statute or the constitution. Listen to the audio below. https://youtu.be/ePChyVCpI6A

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