Redistricting and the U.S. House of Representatives: Illuminating Electoral Bias with the Brookes Method by Tony L. Hill B.A., University of Minnesota, 1994 M.A., University of Minnesota, 2005 SUBMITTED TO THE DEPARTMENT OF POLITICAL SCIENCE IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY AT THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY AGHOVES MA55ACHUSETT-7S INSiTUYE OF TEC'HNOLOGY JUNE 2010 JUN 2 9 2010 Copyright 0 2010 by Tony L. Hill. All rights reserved. LIBRARIES The author hereby grants to MIT permission to reproduce and to distribute publicly paper and electronic copies of this thesis document in whole or in part. Signature of the Author: Department of Political Science March 31, 2010 Certified by: Stephen D. Ansolabehere Elting R. Morison Professor of Political Science Thesis Supervisor Accepted by: Roger D. Petersen Associate Professor of Political Science Chair, Graduate Program Committee ABSTRACT This dissertation analyzes the effects of Congressional redistricting in the United States using the Brookes Method, developed by R.H. Brookes, a New Zealand political scientist. The Brookes Method disaggregates electoral bias into five separate components. My analysis shows that the party winning control of the House benefits from the most prevalent component of bias but that Democrats persistently benefit from the next most prevalent component. This means that Republicans can never win the House as effectively as Democrats can. The Brookes Method also informs electoral bias pertaining to racial gerrymandering. Using the Brookes Method to evaluate three states with a history of using extremes in race-based redistricting (Georgia, Louisiana, and North Carolina), my analysis reveals that these states have disaffected Democrats in redistricting more sharply than has the country as a whole. Using the Brookes Method to evaluate the small number of states using independent commissions to carry out Congressional redistricting, I find that electoral bias in these states is different from that found in states with legislative redistricting, and surprisingly, is often higher in commission states. This suggests that commissions are in some cases not truly independent and/or are merely fomenting a different kind of partisanship. I propose a new formulation (the Hill Ratio) of a familiar compactness standard, the areaperimeter measure. Thousands of House districts across time are analyzed under the measure and trends in compactness are noted. My analysis finds that districts in the U.S. have gotten considerably less compact since the early 20th century, while districts in Canada are still more compact than U.S. districts were even in the 1920s. Some of the states noted for their noncompact districts in the 2000s also had the least compact districts in the early 20th century. Finally, compactness is used as a factor in voter knowledge. My analysis finds that voters in non-compact districts are less likely to possess basic knowledge about their representatives and districts than voters in compact districts, while knowledge about statewide and national officeholders and party control is largely unaffected by the compactness of the congressional district. This is true when analyzed both at the aggregate and the individual level. These two measures of districting are harmonious with proportional representation ideals. The Brookes Method is an explicit comparison of majoritarian seat outputs with a proportional ideal. Compactness, in the words of Polsby & Popper, "tends to inhibit gerrymandering. By inhibiting gerrymandering, in turn, one abets proportional representation ... by empirical tendency." TABLE OF CONTENTS The achieving offair and effective representationfor all citizens is concededly the basic aim of reapportionment. (Reynolds v. Sims, 1964, 377 US 533 at 565-66) 1. 2. 3. 4. 5. 6. 7. Introduction An Overview of the Brookes Method Partisanship and the Brookes Method Racial Redistricting and the Brookes Method The Use of Independent Boundary Commissions and the Brookes Method Redistricting and Compactness: A New Formulation of a Measure District Compactness and Voter Knowledge: Information Heuristics Through Favorable Partitioning Chapter 1 -- Introduction The U.S. Constitution mandates that the seats of the House of Representatives be reapportioned among the states following each decennial census. This is the main purpose of the census. Some scholars use the term reapportionmentexclusively to refer to this decennial reallocation of house seats and use redistrictingto refer to the process of changing district lines within the individual states. However, most scholars use the terms interchangeably. The decennial act has not involved Congress since the 1940 census, at which time the formula for reapportionment was permanently changed. Before then, Congress needed to pass a specific allocation for seats every 10 years. Sometimes they increased the size of the House at this time, and the process of changing the allocation from state to state was hard-fought and bitter. The formula for reapportionment has been changed many times in history. One particular change happened after the 1880 census. Alabama lost a seat under the new formula and protested that it should not lose seats even as the House was increasing. This led to the formulation of a rule that no state should lose seats when the House increases in size. This rule has been moot for almost 100 years, however, because from the time of and partly as a result of the 1910 census, the House has remained fixed at 435. Following the 1920 census, Congress couldn't agree on a formula for reapportionment, and as a result, no reapportionment was done from the 1920 census. Consequently, not very many states engaged in redistricting after the 1920 census. The size of the House became fixed at 435 by statute in 1929. The formula for reapportionment works ever so slightly to the advantage of small states. Rather than divide the total population of the states by 435, the first step in reapportionment is to set aside one seat for each state, as required by the Constitution. The next step might seem to be to divide the population of all states by the remaining seats (385), but this is not so. Rather, an iterative method called the method of equal proportions is used whereby for all 50 states, a priority score is calculated by dividing the population of each state by the square root of the product of the number of seats it has already been awarded times that number plus one. This obviously results in the most populous state being highest priority. It is then given a second seat and its priority score recalculated. Then the state with the new highest priority score (which might be the state that was just awarded another seat) is given an additional seat. The process continues through 385 iterations, whereupon all 435 seats have been awarded. This method does a fairly close job of allocating the seats the same as if the population of the 50 states had been divided by 435 and allocated proportionately to the states by population; however, it differs crucially in who gets the last several seats made available by the method. In the 2000 census, using the divide-by-435 method allocated only 433 seats due to rounding. The method of equal proportions allocated these last two seats to California and North Carolina. Just missing an extra seat after the 2000 census was Utah. In essence, even though there are 385 rounds of reapportionment with the method of equal proportions, only the last 10 rounds contain any critical decisions. The algorithm for apportioning the House has been unchanged since 1941 and has not been a significant source of controversy in that time. Hayes points out, "This absence of discord is perhaps the one bit of empirical evidence suggesting that algorithmic methods might really have something to offer political science" (Hayes 1996). With the House fixed at 435, there was no automatic change in the number of states that prompted a large number of seats to redistrict. Obviously, when the House was increasing in size at a time that most states were burgeoning in population, many states saw a change in their seat count and therefore had a tremendous incentive to redistrict. Since 1910, for most states, it has been a rarity for its seat count to change. Thus, most of the impetus to redistrict from 1910 until the Reapportionment Revolution, previously being a result of a need for the state to incorporate new House seats into its polity, was gone. Many states felt no desire to redistrict after 1910, and with no redistricting occurring in most places after the 1920 census, by the 1930 census, redistricting was a thing of the past that had not happened in the time that the vast majority of state legislators had been in office. Hanson notes that reapportionment frequently did not happen "or was determined by practices more common to horse trading than to political theory." (Hanson 1966, 38). Looking prospectively at the question of redistricting, most of the incumbent state legislators saw that equal redistricting would reduce the amount of representation their parts of the state had in Congress. This is because state legislative district lines, similar to congressional district lines, disproportionately favored rural areas over urban areas. This was not only because of population standards that had been fixed since the 19th century, but it also resulted from apportionment schemes in some states that were based on geography, such as the requirement in Tennessee that every county have at least one senator and one representative regardless of population. Since in most states a great many legislators then represented rural areas - if not a majority, then at least a sizeable bloc in the legislature and the direction of the times (indeed, the entire period since the Civil War) saw rural areas losing population relative to urban areas - it took no great amount of calculation for them to realize that redistricting was bad for their interests and could lead to a vast change in legislative (and congressional) control to urban voters. Malapportionment, according to Hanson, "was preferred to a boundary adjustment which would reduce the plurality of the incumbent, or even invite competition from the minority party in the district." (Hanson 1966, 38). As a result, many states ignored issues of malapportionment both on the state legislative level and for congressional districts. In this period, the U.S. Supreme Court rejected consideration of reapportionment cases on the grounds that they were patently political decisions that should be mounted by the appropriate elected branches of government. Some states got into the habit of decennial redistricting for both legislative and congressional districts. Minnesota is one example of a state that began regular redistricting in the early 20th century. However, there was no uniform standard for intrastate population deviation for districts even in the states that were fairly diligent about carrying out regular decennial redistricting, and population inequality was thus a feature even in states that engaged in regular redistricting. After World War II, as suburbs grew all over the United States and inner cities reached postwar peaks, the fundamental unfairness of the domination of the legislatures of most states by rural majorities pre-ordained by redistricting decisions made in the late 19th or early 20th centuries began to demand a hearing. Lawsuits started appearing in various courts around the country, but most courts followed the Colegrove precedent and declined to get involved in what the Supreme Court had ruled was a political question. The 1962 Supreme Court decisions in Baker v. Carr and its companions opened the floodgates to challenges to districting in what were supposed to be equal-population schemes all over the country. Left unanswered was whether these precedents required both houses of a bicameral legislature to observe population-strict districting or whether some parallel to the national bicameral legislature would be allowed. In the case of the national government, the Great Compromise was to choose the U.S. House of Representatives on the basis of population, while states would be equally represented in the U.S. Senate. The answer to this came in 1966 with the decision in the case of Reynolds v. Sims, in which the Supreme Court held that both houses of a bicameral legislature had to be chosen on the basis of strict population standards. This led some to question the necessity and even legitimacy of bicameral legislatures. Shortly after the decision, a constitutional amendment was put forward by Sen. Everett McKinley Dirksen (R-Ill.), the senate minority leader, which would have permitted states to use something other than strict population to apportion one of its two legislative chambers. The Dirksen Amendment failed, and efforts to pass it anew have attracted little support either among the general public or in Congress since then. It ought to make sense that the Dirksen Amendment would have no natural constituency after the 1972 elections, because the state senators whose previous districting had been based on principles other than population equality (guaranteed representation for counties, etc.) would have been replaced by senators elected under population equality standards by then, at the latest. Support for the Dirksen Amendment rested in large part upon its proponents being elected based on non-population equality; it is no surprise that post-1966 state senators elected under population equality standards are not eager to replace the system that elected them with one that would surely not favor their interests, either political or electoral. Since the 1970s, some of the same people who supported the Dirksen Amendment in the 1960s have called for states to institute unicameral legislatures, because there is no longer any difference between the representation standard for upper houses and lower houses in the 49 states that have bicameral legislatures, making one of the chambers, in the views of these advocates, redundant. In spite of this logic, there has been no large movement and not a single successful one to abolish bicameralism in those 49 states. (Nebraska abolished its lower house in 1935, decades before rep-by-pop became mandatory for both houses of state legislatures.) Unicameralism in the United States is a difficult fight to wage, because state legislators have a vested interest in seeing their offices retained. In most states, legislatures have much power to kill constitutional amendments not favorable to their interests, if not directly then through the power to set the ballot language or order or to couple the amendment with unpopular ones. Reapportionment discussion for the remainder of the decade of the 1960s was dominated by questions about malapportionment: Strictness of the standard for population equality and questions about its implementations. In the 1970s and 1980s, some states implemented districting schemes that relied upon extremes in population equality. Of course, the only way to get congressional districts for an entire state within a single-digit number of persons of each other was to haphazardly chop up districts at the block level. (In 1992, 19 of 43 states had an intrastate variance of 10 persons or fewer; the intrastate variance was over 1000 in only six states (Huckabee 2001, 4)). This had the effect of making some voters politically impotent within their own districts outside of the voting booth. Typically, political party groups are elected by enumeration units arrayed using political boundaries. These might include cities, towns, counties, or election precincts. When political parties assemble using districts formed using extreme methods of redistricting that produce minute differences in population, it often happens that no one is found to represent these corners of cities and counties from which most of the population is in a different district. When someone is found to represent this tiny area, they are often marginalized at political conventions. Typically convention delegates are seated by county, so if at a particular convention, two counties each send 100 delegates and a third county (of which only a small number of blocks is included) is allowed three delegates, those three delegates generally find themselves sitting off on their own, marginalized from the rest of the convention. For political precincting purposes, most states require that everyone in a particular precinct have exactly the same ballot. This means they have to be in the same legislative district, congressional district, city council ward, etc. When courts and other redistricters break up existing electoral precincts to allocate tiny areas to a different district, often these small groups of blocks have to form their own election precinct. An election precinct, like any other body, needs a sufficient population to function as a political unit. A precinct with 2000 residents is apt to form a quite functioning unit within a political party, having a sufficient number of residents and party activists to allow the recruitment of party officers, campaign volunteers, and the like. A precinct with 50 residents is likely to have no one within its borders who wants to volunteer for these things. This precinct is then apt to be ignored by the party or be assigned as a colony to some neighboring precinct, whose officers are likely to deal with the orphan precinct only when they are not occupied with the interests of their home precinct. This tiny precinct is likely to have trouble finding even election judges within its boundaries. Some such precincts might fall below the threshold of viability for having an in-person election, and the small number of voters in these precincts might be told they have to vote absentee or not at all. All of this suggests that taking liberties with political subdivision boundaries to produce extreme equalities in districting has such an effect on the voters shuffled across a subdivision boundary in order to accomplish it that is akin to disfranchising them. DISTRICT SIZE AND THE LACK OF THIRD PARTIES IN THE U.S. Partisanship, participation, and district partitioning are all tied to demographics. The United Kingdom and Canada both have viable third parties. Although these parties are not viable in the sense of being able to form the government, they elect a sufficient number of seats to have official party standing in the respective Houses of Commons, and these elections occur with a degree of predictability with regard to location that one can say that particular ridings (districts) in these countries are dominated by those third parties. The population of U.S. house districts is a significant cause of the lack of electoral competition for them. The U.K. has a population of some 61 million and 646 seats, or about 94,000 per seat. Canada has a population of about 33 million and 308 seats, or 107,000 per seat. The U.S. has 435 seats for a population of about 300 million, or about 690,000 per seat. This means that U.S. House seats are unfathomably large by British and Canadian standards, a factor around 7 times as great. Having to build a district out of nearly 700,000 people means that districts are necessarily heterogeneous on many dimensions; except in the very largest cities, having a 700,000 person district means that such a district cannot be overwhelmingly rich or poor, working class or white collar, educated or uneducated. Cobbling together these large districts means that a disaffected population group cannot easily dominate a congressional election. U.S. districts take in vast swaths of a large portion of the state, necessarily mixing relentlessly middle-class communities with whatever stratified districts lie in the adjacency. Whereas in Canada or Britain, a riding might be centered upon a community of 40-50,000 people, in the U.S. that same community is swallowed up with a dozen other similar or dissimilar communities. This means that in Britain or Canada, districts exist - created using perfectly natural boundaries with no need for gerrymandering - of entirely poor communities (which find salience in left of center parties) or entirely upper middle class communities (which do not burden left of center parties with the need to campaign). In Britain and Canada, regional parties exist and thrive. Thus, the Scottish National Party and the Bloc Qudbecois are able to grasp a foothold simply by virtue of their numbers. When Quebec has 75 seats in the House of Commons, a regional party capturing even a bare majority of them can produce a substantial caucus. (Indeed, the Bloc Quebdcois formed the Official Opposition in Canada in 1993.) Were a U.S. state with the equivalent population of Quebec or Scotland to elect a majority of members of a similar regional party, they would send only four or five members to the House. This small number of members would be marginalized by virtue of its innumeracy. Thus, no one even bothers to organize a Virginia Party or a Colorado Party. The small Canadian and British districts permit not only regions of the country to have their own parties, but also allow the New Democratic Party and the Liberal Democrats, respectively, to thrive in some very poor districts in inner cities and in some poorer rural districts and ridings where organized labor still has a firm hand. Third parties typically only have success when they are regionally based; the Dixiecrats of the post-War American South are a cogent example. The Reform Party and Bloc Quebecois were able to thrive by having nearly all of their support in particular regions of Canada. Illustratively, the Progressive Conservative Party received nearly as many votes in the 1993 Canadian general election as the Reform Party. But since the Conservative Party was a national party whose support was spread across 295 ridings, they came up victorious in only two ridings, while Reform won 52 seats. This is a classic example of dissonance between seats and votes. That such outcomes fail to materialize in the United States is mostly a function of so few voters casting their votes for third parties; nevertheless, if we were to look at presidential voting instead of house seats, we would find that several recent third-party presidential candidates (John Anderson in 1980; Ross Perot in 1992; Ralph Nader in 2000) took a substantial enough share of the vote that were their votes transposed to parliamentary elections in most of the world, they would have amassed a fair number of seats. However, none of these candidates won even a single electoral vote. In no small measure is this because they ran national campaigns; their vote was spread (although not evenly) across the whole country. The last third party candidate to actually win electoral votes was a politician whose appeal was calculatedly regionally based: George C. Wallace, who won 46 electoral votes in 1968. The size of the districts also affects the ability of challengers to appear. In a 94,000 population British riding, which might be won with 15 or 20,000 actual votes, and which is centered upon a single suburb or small city, many people can fathom putting together the electoral engine needed to win a party nomination or even capture the seat outright. Such a campaign could have its genesis in the ordinary day to day activity engaged in by many civic minded people. Putting together the same campaign in a district of 700,000 people is not merely the task multiplied by seven; no one has a social network stretching across a wide swath of the state, encompassing many disparate communities. In most cases, the only people who bother mounting such a campaign fall into two groups: First, those who already have a leg up on the party machinery in some way: state legislators or highly prominent local officials, who can make themselves known to the party leaders of the congressional district through their legislative activity or other political organizing. Second, those who are very wealthy and are willing to pay to advertise in order to bring their profiles up to that of the first group. Both of those groups consist of what are often called "rational actors" who are unwilling to mount quixotic campaigns, given the sheer expense of campaigning in an electorate of over 300,000 voters. The size of American districts, then, keeps candidates and parties from organizing what they see ex ante as hopeless causes; were the districts smaller and the cost of campaigning much less, the evaluation of a particular district as a hopeless cause would happen much less frequently. Duverger's Law says that a single-member plurality system is apt to have a two party system. The small size of the electoral districts allow British and Canadian third parties to exists as rumps in what are chiefly two-party systems, or what some have taken to calling two-and-a-half-party systems. The large size of U.S. congressional districts makes even the existence of third-party rumps unlikely. Those British and Canadian third parties are also benefitted by the existence of different two-party systems operating in different parts of the country. For example, in Quebec, competition federally has primarily been between the Bloc Quebecois and the Liberals during the recent period; provincially it is between the Parti Quebecois and the Quebec Liberal Party, which is not affiliated with the federal Liberal Party. In fact, its leader since 1998 was from 1993-1998 the leader of the national Progressive Conservative Party (Hill 2002, xx-xxi). In Manitoba, the Liberal Party usually wins more of the province's 14 federal seats than it does of the 57 provincial ridings. Although winning consecutive majorities in the provincial legislature, the New Democratic Party in recent years has not won more than four of the 14 federal seats (Hill 2002, xvii). Were it not for the electoral college, these kinds of patterns would be replicated all over the U.S., with different parties taking up the state and national election mantles in the various states. According to Stewart, the electoral college and the necessity it causes for having only two national candidates in the presidential election prevents different two-party systems from forming in the United States (Stewart, Analyzing Congress 2001, 244). Another way this manifests itself is in the harmonization of the political party structures to mount harmonized elections. In most of the U.S., state and national elections are held on the same day. The regular schedule mandates an orderliness for the political parties to organize in tandem for both elections, with the same delegates choosing the party's state and federal candidates. In Canada, elections for national and provincial offices are held separately, and the parties are organized in completely different fashion; it would not be unusual for a person to be a member of the Conservative Party at the federal level and a member of the Liberal Party at the provincial level. In most of the U.S., that is unheard of. This harmonization of the parties works against diversity of political organizing and the formation of third parties (Hill 2002, 9). ROLE OF CONGRESSIONAL BUREACRACY IN FOSTERING REELECTION Mayhew famously showed that the number of incumbents who win their seats by only a small margin was in 1972 about half what it had been in 1956 (Mayhew 1974, 305). This was over a period where the Democratic Party maintained absolute dominance of the House of Representatives. Campbell argues the persistence of the Democratic House majority "may be the most important single feature of American politics in the second half' of the 20th century (Campbell 1996, xviii). Fiorina has alleged that the actual constituency service performed by incumbents leads to their high re-election rates (Fiorina 1977). Born confirmed Fiorina's work by finding that House members first elected between 1966 and 1978 were better able to fend off challenges through their use of the advantages of office (Born 1979, 816). Incumbents are able to build up a huge "personal vote," which is defined as people voting for the incumbent specifically rather than merely voting for a party. Advantage of incumbency in the United States is quite large, estimated generally between seven and thirteen percentage points (Cover 1977, Payne 1980, Collie 1981, Krashinsky and Milne 1993, Ansolabehere, Snyder and Stewart 2000), but if nothing else, it can make the difference between a person winning or losing a very close contest (Erikson 1971, 404-405). King and Gelman argue that every other measure of incumbency advantage is flawed, but nevertheless show that their (allegedly) flawless measure yields approximately the same results as the flawed ones (King and Gelman 1991, 1158). Garand and Gross find that the advantage of incumbency began in the 1890s and not as recently as most scholars show (Garand and Gross 1984, 21). Ansolabehere and Gerber point out that over the period of large Democratic dominance of the House, Democrats tended to retire at lesser rates than Republicans (Ansolabehere and Gerber 1997, 162). Prior makes the point that the increase in incumbency advantage coincided with the development of television, and through the power of this new medium, incumbents became better able to distinguish themselves from challengers (Prior 2006). Incumbency advantage is much smaller in Britain and Canada, where candidates campaign less in their own person and more as agents for the national (or regional) party. This reinforces the tendency of partisans in countries without strong incumbency to retire at times when they perceive bad fortunes for their party and not take the chance that their personal electoral fortunes will help them prevail (Ansolabehere and Gerber 1997, 174). Other scholars maintain that the huge likelihood of an incumbent being reelected tends to dissuade quality challengers (i.e., persons with elective experience)- from running in the first place. According to Levitt and Wolfram, "Virtually all of the growth in the incumbency advantage since the 1960s appears to be attributable to a reduction in the relative quality of challengers." (Levitt and Wolfram 1997, 56). The advantage of incumbency is well documented in the U.S. It is theorized that some voters support candidates of the other party because of constituency service they performed that benefitted the communities of interest to these voters, even if the larger legislative stance of the candidates was antithetical to the voters' preferred choices. The constituency service theory has its critics. Levitt and Wolfram find that little of the incumbency advantage is attributable to incumbents' use of the benefits of office. (Levitt and Wolfram 1997, 57). Cox & Katz maintain that much advantage of incumbency stems not from the adroit use of campaign or official resources of Members but from their prudence in knowing when to retire from Congress. (Cox and Katz 2002, 6). Ansolabehere & Snyder state it this way: "Periodic redistricting - more than any other force in contemporary American politics - turns incumbents out of office and brings in new people." (Ansolabehere and Snyder 2008, 264) However, the constituency service theory has other flaws, because parliamentarians perform constituency service in other countries as well, even those where the advantage of incumbency is well below the U.S. level. Furthermore, it is well understood that constituency service is a basic function of an elected official, and that any elected official ought to be able to do it with competence. Thus, it is irrational for a voter to support someone for their helpfulness at constituency service when their political ideology and stance are adverse to the voter; to anyone for whom ideology and political issues are important, it would be more rational to support someone who shared them, even if that candidate initially might not be as proficient at performing constituent service. On the other hand, the types of constituency service that are most efficacious at generating constituency-level support are not of the casework variety, but those of marshalling federal largesse for the district. This is obviously a type of constituent service work that a member ought be expected to get better at with more experience, and whether a member is part of the congressional majority or minority is pivotal in the ability to get district projects funded. The question of whether voters explicitly consider this when choosing to reject an incumbent in favor of a challenger has not been specifically studied. More salient to the ability of incumbents to rack up votes is their ability to establish themselves as a brand. Nearly all members issue periodic newsletters, mailed at government expense under the franking privilege to all postal patrons in the district. These newsletters are helpfully color-coordinated to the member's own campaign literature. Even voters who discard these iMailings without reading them are apt to notice the name on them and take some sort of cue from the colors and logos. Then, on election day, voters are more familiar with the incumbent's name than they are with any challengers. The process has been likened to consumer purchases of everyday commodities like canned vegetables. Although most consumers are not connoisseurs of canned corn, they recognize brand names and logotypes from advertising and other media. Therefore, Green Giant or Libby capture a higher market share in spite of having a higher cost to consumers than other brands less familiar to them, even though the product may be indistinguishable. Simply by being an incumbent, even in one of the few remaining truly competitive house districts, the incumbent is able to establish himself or herself as a brand, and this translates to a share of the vote not readily available to the challenger. Some argue that this is not a good thing for democratic government. As Cox & Katz put it, "Whenever the resources of public office are used to insulate individual politicians from electoral risk, their accountability to their constituents is weakened. Whenever government resources are used to entrench a single party in government, its accountability to the public at large is weakened" (Cox and Katz 2002, 7). The question of whether incumbency is key is a controversial one. Baker alleges that the advent of computers made it possible for partisans to create "equipopulous districts for perpetual partisan advantage" (Baker, The Unfinished Reapportionment Revolution 1990, 23). However, Ansolabehere and Snyder point out that incumbency rates have increased for all kinds of offices since 1940, not merely those that are subject to periodic redistricting (Ansolabehere and Snyder 2008, 267). This, they declare, means that incumbency is a phenomenon all to itself and is not as closely tied to redistricting as those who place weight in huge redistricting effects believe. However, McDonald posits that a decline in district competitiveness occurred between 2000 and 2002 and that redistricting was apt to be a factor. (McDonald 2006, 100). Chapter 2 - An Overview of the Brookes Method The Brookes method of determining electoral bias is a standard in Westminster democracies besides the United States. First put forward by R.H. Brookes in a 1959 treatment of New Zealand (Brookes 1959), the Brookes method calculates the difference between the results of an election and what the outcome of that election would have been using a pure proportional representation system on the same votes. Brookes's definition of bias is the number of additional seats the second-place party would have received if it had the same proportion of the two-party vote as the leading party, assuming a uniform national swing (Rossiter, Johnston and Pattie 1997, 468). It has become a standard approach to electoral bias in New Zealand, Australia, and the United Kingdom (Gudgin and Taylor 1974, Gudgin and Taylor 1980, Johnston 1976, Johnston, Pattie and Dorling, et al. 2001). Two Brookes treatments of Canada are known (Siaroff 2003, Hill 2004). Only one brief treatment of the U.S. House has been published (Rossiter, Johnston and Pattie 1997). The Brookes method is generally compared favorably to the cube law approach. Kendall & Stewart published their law of cubic proportions in 1950 (Kendall and Stewart 1950), but it has been a source of controversy in political science. Taagapera called it "the only political science law that looks like a physics law," (Taagapera 1973) but Tufte dismissed it as "British political folklore" and demonstrated that it only worked in one of the six real-world instances he used to test it (Tufte 1973). March stated that its significance was not due to its mathematical or aesthetic qualities but because it had been successful in its explanations of British elections in the previous two decades (March 1957, 525). Gudgin and Taylor make the point that even if it does not qualify as a physics law, it can possess explanatory power that can be refined into something more useful (Gudgin and Taylor 1979, 79). Rossiter, Johnston, and Pattie criticize Gudgin & Taylor's approach of evaluating principally the national share of the vote of the main parties. They endorse the Brookes method because "it permits the components of bias to be estimated in a straightforward and readily interpretable fashion" (Rossiter, Johnston and Pattie 1997, 468). Brady and Grofman examined electoral bias in the period from 1850 to 1980 and found that the swing ratio was nearly a linear function of the percentage of seats that were competitive (Brady and Grofman 1991, 261). Rae notes that the cube law demonstrates the disproportionality in plurality elections as compared with majority or proportional models (Rae 1971, 27). Campbell argues that swing ratios do not work because they are grounded on a faulty premise, namely that the election system is neutral (Campbell 1996, 54). This will be explored further herein. Seats in legislative bodies do not always result from elections in proportion to the popular vote for the parties. In fact, they rarely result proportionally to the party vote. Political scientists often study this problem vis-a-vis the tendency of certain electoral systems and certain party systems to produce a substantially disproportionate result. Scholars have often looked with curiosity to the U.S. system for electing the U.S. House of Representatives. Although the U.S. uses the same electoral system as the U.K. and Canada and a number of West Indies republics (until rather recently Australia and New Zealand also used this system), the U.S. has often served as an exceptional case in several regards. First, the Democratic Party maintained a long dominance of the U.S. House of Representatives through a period when the presidency was quite competitive. Second, there have been no long-lived third parties in the United States. Third, most House contests are characterized by a lack of competition. Most scholars believe that competition is a good thing and that the political structure and processes should foster it. "The uncompetitiveness of individual congressional elections undermines the electoral process. ... If elections are uncompetitive, the electoral incentive for good representation is missing, at least in the short run" (Campbell 1996, 5). The tendency of single member plurality (SMP) voting in legislative elections is for the majority party to receive an exaggerated share of seats relative to its popular vote (Dixon 1982, 9). Backstrom, Robins & Eller term the pattern by which the majority seat share is elevated relative to its vote share the balloon effect. They argue that the balloon effect happens because a majority win by a party will have its greatest impact on marginal districts. They caution against using a purely proportional standard for evaluating statewide results for the reason that such an analysis deprives majorities of the extra seats they win through the balloon effect (Backstrom, Robins and Eller 1990, 162). Of course, one of the main reasons scholars use proportional standards for evaluating polity-wide voting is simply because the balloon effect is one of the outcomes of majoritarian electoral systems sought to be analyzed, and reformers see it as an excess to be minimized through reform. Ansolabehere and Snyder reject the idea that districting is a cause of manufactured majorities. They attribute the paucity of competitive seats for the U.S. House to incumbency rather than redistricting: Incumbents win by larger vote margins than they would ever receive in open seat races, and open seat races are as competitive as ever. When an incumbent runs, even if he or she represents a district that leans toward the opposite party, the advantages that come from the office itself present a formidable hurdle to any challenger. Incumbents win at very high rates for reasons other than districting, such as campaign spending, constituent service, and simple name recognition. (Ansolabehere and Snyder 2008, 271) Browning and King posit a model that terms anything (excluding winner-take-all) differing from a 1:1 relationship between seats and votes a "majoritarian" type (Browning and King 1987, 312). This formalizes the notion of Backstrom and others that a majority winner is apt to take a balloon effect in winning a higher proportion of seats than their proportion of votes. As O'Rourke notes, "geographical, winner-take-all districting virtually guarantees divergence between a party's overall proportion of the statewide vote and its proportion of legislative seats" (O'Rourke 1980, 55). The inputs of the Brookes method are mathematical and require minimal assessments on the part of the researcher. The actual inputs and equations are given in Appendix 2. In function, one has to choose a party to serve as the object party. In a Brookes analysis, positive numbers represent a bias in favor of this party and negative numbers represent a bias against this party. In the U.S. case, it is most useful to treat the Democratic Party as the object party because it was the majority party for most of our recent history, and because there was a time in which Democrats were routinely unopposed in large numbers of seats, primarily in the South. This was not true for the Republicans in the same time period. The Brookes method disaggregates the bias into five separate components. First, there is the Gerrymandering effect (G). This is an inapt name, because it truly measures maldistribution of a party's votes and not only those that are the result of intentional gerrymanders. Lately, practitioners of the Brookes method have taken to calling the G component Efficiency bias (Johnston 2006). The second component is Constituency Size Variation effect (CSV). This measure takes into account the aggregate difference between the average size of the electorate in seats where a party wins versus seats where it doesn't. This is very dependent on the actual vote in a district, not its population. In this sense, two districts with the same population as of the most recent census might augur very differently in the CSV measure. This is a real issue in the United States, where many inner-city seats have highly non-competitive elections captured by Democrats. Some scholars note a difference in analyzing elections where the voter rather than the district is the critical unit: According to Campbell, "Counting each district equally essentially counts individual voters quite unequally." (Campbell 1996, 84). In this chapter, the registered electorate is simply that. In most Westminster democracies, voter registration is not as voluntary as in the United States, and in practice the registered electorate is much larger. This is because of the traditional practice of election officials going door to door to register voters in advance of elections, something akin to a census. Only in recent years have these canvasses been replaced by a U.S.-style registration system. (Canada went to a permanent registry of voters in 2000.) Thus, in most of the countries where Brookes analyses have been conventional, the registered electorate is closer to what is usually called voting age population. Of course, using VAP in place of registered electorate would also pose problems for an analysis, because political scientists have demonstrated that there are many different conceptions of VAP which do not adequately cover who is actually eligible to vote, excluding, among others, prisoners, felons, institutionalized persons, and illegal aliens (McDonald and Popkin 2001). For our purposes, estimating the voting eligible population, as McDonald and Popkin propose, is even more problematical than using some of the fanciful statements of registered electorate, as discussed below. Furthermore, even using VAP or VEP in place of registered electorate does not totally assuage the problem of CSV, because constituencies are created on the basis of total population, not VAP, so even if VAP were known with certainty, there would still be CSV bias. Campbell makes the point that VAP or actual electorate is valid for a determinant of population for redistricting in the U.S. notwithstanding the extreme tendency to use actual population for the same; "What is politically important is whether one voter's vote is worth as much as another's, not how many bystanders are nearby." (Campbell 1996, 212). The third component is Abstentions (A). It looks at the effect of potential voters who do not participate and allocates a share of the seats on the basis of where the parties stand relative to these pools of voters. The fourth component is Third Party Votes (TPV) and is essentially the differential effect of third party votes upon the major party. That is, a disproportionate share of seats is assessed when third party votes occur in one or the other party's area of strength. It is assumed that the third party votes are disproportionately affecting the dominant party. (That is, if a large number of third party votes are cast in an otherwise Democratic area, that Democrats are being affected more than Republicans.) Of course, TPV is of little consequence in the United States where there are no viable third parties and where very few people cast votes for minor parties and candidates. Finally, the Third Party Wins effect (TPW) is the number of seats the object party wins minus the number of seats in which it leads the other major party, minus the number of seats the other major party wins minus the number of seats in which it leads the object party. Thus, the TPW bias might be zero even if more than one seat is captured by minor party candidates. That is because the bias is assigned based on which major party leads. So in the instance where two minor candidates won, one in a district where the Democrat leads, and one in a district where the Republican leads, the bias would be zero. In recent history, the only third party candidate to regularly win is Socialist Bernard Sanders of Vermont, now a senator. In function, he is a Democrat. He caucuses with the Democrats and there is often no Democrat running against him. His wins therefore translate to a bias against the Republicans, because they are otherwise leading in Vermont. Simplified, (n-n)-(n-(n+l))= 1 Thus, holding everything else equal, the Socialist win in Vermont translates to a bias in favor of the Democrats. Actually, this is no different from simply construing Sanders as a Democrat. Problems of using the Brookes method in the United States The lack of results for unopposed candidates. Five states, all in the South, by law, did not report any vote totals for unopposed candidates during the period covered. These states are Arkansas, Florida, Kentucky, Louisiana, and Oklahoma. This presents problems comparing votes in these states directly with other states. Other states report the number of votes for unopposed candidates, which are generally less than they would be if that person had an opponent. Of course, whether the votes are reported for such a candidate or not, they are generally not comparable to votes in contested races. The problem of unopposed and underopposed candidates generally. As a practical matter, in the other Westminster democracies, there are no unopposed candidates. In Canada and the United Kingdom, the major parties as a matter of principle contest every seat in the country, regardless of how poor their electoral fortunes may be for a particular seat. This means that every voter in the country sees the names of all major parties on the ballot. This is not the case in the United States. Some candidates simply lack opposition. In many other districts, a semi-official candidate runs under the banner of the losing party. Many political scientists lament this manifestation of the lack of true competition in most congressional districts. "The voter ... has not been offered a full and fair choice between the parties." (Campbell 1996, 47). These candidates have fulfilled some formal requirement for serving as the party candidate, such as winning the primary election or securing the party nomination at a convention (which might amount to nothing but a legal formality in some instances) but have no official connection to the party and receive little or no resources from the party in terms of money or organization. Such candidates generally do poorly in the election. The results in these races exaggerate the size of the winner's victory and reduce it as a meaningful estimator of partisanship in the electorate vis-i-vis more accurate measures of partisanship in the district, such as voting for president or for some state-level office such as secretary of state. This reveals a defect in using the Brookes method for evaluating elections to the U.S. House. This problem could be overcome by further reducing the scope of the analysis, using some measure of "serious" opposition. However, this would be a most laborious and information-intensive task which would thereby defeat the simplicity of the Brookes approach in simply digesting aggregate electoral returns. In yet other districts, the dominant party candidate is opposed only by strong (i.e., mildly competitive) minor party candidates (including independents) or only by noncompetitive minor party candidates. While these candidates are technically not "unopposed," the race lacks the dynamic that would be present if there were even a nominal major-party opponent. So these races are underopposed. In considering U.S. House races under these circumstances, three separate thresholds for analysis were considered: Excluding nothing (all 435 seats in every election regardless of whether results were reported); excluding only those wholly unopposed (which eliminates the problem of the states which don't report vote totals for unopposed candidates); or excluding any race in which either major party is unrepresented. The last was used in these analyses. Obviously, the first threshold has the effect of diluting the results by including in the denominator some districts which contribute nothing to the numerator. The second threshold eliminates only the most egregious cases from that statistical distortion. The third threshold extends somewhat in the direction of considering only seriously contested seats without employing the subjective analytic techniques which a manipulation would require while still utilizing the automatic data analysis that the Brookes method provides. Relationship to the personal vote. The advantage of incumbency in the United States is huge, generally estimated at 11 to 14 percentage points. Incumbent members of the U.S. House have many resources at their disposal to help them build personal bases of support in their districts, including their constituency offices, free franking privileges, and access to the media. Ansolabehere, Snyder, and Stewart estimate the personal vote to be approximately four percentage points in the time period analyzed herein (Ansolabehere, Snyder and Stewart 2000, 11). This personal support gives them the ability to transcend momentary electoral swings affecting their party generally or their presidential leader. Ansolabehere, Brady, and Fiorina point out that incumbents are able to adjust the amount of attention they pay to their districts based on their perceived level of electoral threat. (Ansolabehere, Brady and Fiorina 1992, 27) The personal vote and the corresponding advantage of incumbency are smaller in the other Westminster democracies and perhaps negligible in one or two. The Brookes method is best at measuring pure partisanship, exemplified by candidates who are complete ciphers in their districts and function only as agents of the party and its leader. However, there is probably not such a thing as pure partisanship even in the parliamentary democracies for which it was developed. With electoral results distributed normally, some districts inevitably fall so close to the pivot point that any factor can be alleged to have made the difference. Furthermore, the personal vote and the advantage of incumbency pertain to both Democrats and Republicans. Also, Ansolabehere, Snyder, and Stewart note that the personal vote is a small part of the total advantage of incumbency and an even smaller part of the growth in incumbency advantage in recent decades. They find that incumbents can expect to do 45 points worse in areas new to them through redistricting as compared with areas they previously had represented (Ansolabehere, Snyder and Stewart 2000, 111). Ansolabehere and Snyder demonstrate that redistricting lowers the personal vote of incumbents and leads to their defeat in greater numbers (Ansolabehere and Snyder 2008, 266). It is certainly a limitation of the Brookes method in studying the United States that it does not take into account incumbency specifically; certainly the most salient aspect of the Democratic hegemony from 1974 to 1994 is that the party and its incumbents were able to denationalize elections and invest as much of their capital as they could in building up incumbents as local brands rather than as agents of the party. The 1994 election, however, underscores the usefulness of the Brookes approach insofar as the Republican Party under Newt Gingrich did the maximum they could to nationalize the election on their terms. The sudden movement of the bias measures in 1994 underscores the realigning nature of this election rather than showing it as a blip on a panorama of continued Democratic dominance. Certainly the realignment could not have been predicted solely from the bias numbers seen for 1990 and 1992 reported in table 1. The New York multi-party system. New York has a unique system whereby candidates are allowed to run on more than one party ticket. This poses a problem for the Brookes analysis. For example, the Democratic candidate might also be the candidate of the Liberal Party, the Right-to-Life Party or even the Republican Party. This confounds a Brookes analysis which takes partisan voting as inputs. However, a vote for the candidate of one of the major parties under the aegis of some minor party can still be construed as a vote for the major-party candidate for our purposes. Thus, votes for major party candidates on smaller party tickets are combined with the major parties. This includes Republican votes being counted for Democratic incumbents when they carry both labels. When minor parties run candidates other than the major party candidates, these are included in Third Party Votes, as they would be in any other state. Chapter 3 - Partisanship and the Brookes Method It requires no special genius to recognize the political consequences of drawing a district line along one street rather than another. It is not only obvious, but absolutely unavoidable, that the location and shape of districts may well determine the political complexion of the area. District lines are rarely neutral phenomena. They can well determine what district will be predominantly Democratic or predominantly Republican, or make a close race likely. Redistricting may pit incumbents against one another or make very difficult the election of the most experienced legislator. The reality is that districting inevitably has and is intended to have substantial political consequences. (White, J., for the majority, Gaffney v. Cummings, 1973, 412 US 735 at 753) Introduction Redistricting first became a widespread and salient feature of the American political system in U.S. House elections in the 1960s following a series of court decisions beginning with Baker v. Carr(1962) holding that reapportionment meant not only allocation of the seats among the states, as specified in the Constitution, but also equal districting within the states. Political science has disagreed on the political salience of redistricting, with a large body of literature holding that redistricting is largely irrelevant to political outcomes. (Bicker 1971, Bullock 1975, Ferejohn 1977, O'Rourke 1980). Other scholars have found that redistricting holds important effects. (Mayhew 1971, Cain 1985). This chapter seeks to demonstrate that the Brookes method can be used to show that not only is redistricting not irrelevant to electoral outcomes, but that redistricting affects different forms of electoral bias in sometimes contradictory ways. Ideas about representative government being truly representative of the people antedate the U.S. Constitution. One of the seminal acts of the Continental Congress was the Northwest Ordinance of 1787, providing government for the vast acreage west of the original 13 colonies which was acceded to American dominion under the Treaty of Paris of 1783. The act provided that inhabitants, "shall always be entitled to ... proportionate representation of the people in the legislature ... " (I. Stat. 50-2 (1787): An Act to Provide for the Government of the Territory Northwest of the River Ohio, cited in (Baker, The Unfinished Reapportionment Revolution 1990, 12)) With regard to the process in the several states, the only thing we can say with certainly is that the states with only one seat have no decisions to make about districting. In every other state, some decision or series of decisions has to be made about how to establish the district boundaries. It would be less of an exaggeration to say no two states do it the same way than to delineate a typology for how redistricting is done. In general, however, we can divide states into two groups: those in which the legislature is the primary agent of redistricting and those in which some other entity is the primary agent of redistricting. Within the states with legislative redistricting, the next demarcation is political rather than structural: It is the division between states where a single party controls redistricting versus those where more than one party has control of redistricting. The degree of the second party's control exists on a continuum: It may be as little as enough votes in one chamber to prevent override of a governor's veto, or it may be that the two parties are equal in terms of each one controlling a chamber. North Carolina is the only state where the governor does not have a veto over actions of the legislature. In the states with non-legislative redistricting, it is quite true that no two states do it the same way. The various methods of districting in the states with independent redistricting are described at length in chapter 4. In any state, it often happens that the default redistricter is the courts. Only rarely does this happen by design; usually courts get involved because the designated redistricter fails to act in time. Courts in some states have been very aggressive at enforcing the demands of plaintiffs. It has happened that courts have issued injunctions against the use of existing districts as soon as the day after the official census results are released, providing the needed proof that disparity exists between districts. In any other type of case, court action would be discouraged as unripe. However, the recent history of obstruction by legislatures and the frequency with which courts have had to become involved at the very last minute before irremediable decisions about elections were imminent has led courts to become more aggressive players in redistricting at the outset. The tendency of this is to make courts more active players in redistricting decisions rather than to prod legislatures to do in a more timely fashion what the courts would have them do. In the contemporary United States, it should be assumed that the courts will act if no one else acts first. It is well known that courts are apt to be more aggressive in their redistricting than legislatures are. This is because legislators often have as their first aim in redistricting the protection of incumbents. By making "radical reapportionment" (as some scholars have termed it) the default in case nothing happens, legislators have incentive to get redistricting done on their own. As Ward described it, "radical reapportionment overrides a legislature's instinct for leaving the districts alone yet leaves unchecked the normal disposition of legislators to consult their own interests..." (Ward 1970). This was not always so. Before the reapportionment revolution, when states came to an impasse on redistricting, no changes were made to district lines. If the state gained seats as a result of the apportionment of seats in the U.S. House, the additional seats were elected at large by the entire electorate of the state. If the state lost seats through reapportionment, then all of the seats in the state were elected at large until the legislature could agree to a districting plan. This ended with revision of the law governing the election of the House of Representatives in 1967. (It could be argued the policy was already headed toward invalidation by courts before the law was changed.) Since 1968, all representatives have been required to be elected in single-member districts. Public Law 90-196, enacted December 14, 1967, governing election of Representatives in Congress reads in part, "In each State entitled ... to more than one Representative ... there shall be established by law a number of districts equal to the number of Representatives to which such State is so entitled, and Representatives shall be elected only from districts so established, no district to elect more than one Representative..." (United States Code, Title 2, Chapter 1, Section 2(c)). This renders the term "representative at large" obsolete, since the only states now allowed to elect members "at large" are those having but a single district. Before the 1967 change, Hawaii was still electing its two members at large, a practice New Mexico had only ceased as of the 1966 election. Thus, even though there have been 435 representatives in Congress since the election of 1912, there have been 435 districts only since the 1968 election. All but three states elect their House members through single-member plurality (SMP) election. This means that the person who receives the largest number of votes in the election wins. Campbell says, "Arguably the two most important features of the House electoral system, single-member districts and the plurality-rule for deciding election winners, are not even mentioned in the U.S. Constitution." (Campbell 1996, 18). Three states, all in the South - Georgia, Louisiana, and South Carolina - use singlemember majority (SMM) for elections. Under SMM, if a candidate wins a plurality of the vote but not a majority, they must face a runoff election with the second-leading votegetter in order to determine the SMM winner. Louisiana uses a completely different election system than the other 49 states (and even different from the other two states that use SMM). In Louisiana, all candidates compete in the same primary, regardless of party. Any candidate who wins a majority in the primary is automatically elected, and the winner runs unopposed in the general election. In essence, the general election (the same day the other 49 states elect their representatives) serves as the runoff election in Louisiana. Georgia has had two well known runoff elections for the U.S. Senate in the recent period. In 1992, incumbent Senator Wyche Fowler, a Democrat, won a plurality of the vote on election day but did not win a majority. He competed in the runoff against Republican Paul Coverdell, who won. Voter turnout was much lower in the runoff election than on general election day. In 2008, a similar matchup occurred when incumbent Senator Saxby Chambliss, a Republican, fell just short of a majority on general election day. He defeated Democrat Jim Martin handily in the runoff election. (President-Elect Barack Obama chose not to campaign for Martin on the grounds that if Martin lost, it would contribute to a perception of weakness by Obama out of proportion to the significance of the senate seat loss.) Some political scientists have argued that having a second election in which far fewer people vote is antithetical to democratic values. The alternative to a majoritarian system is proportional representation. The U.S. has no tradition of proportional representation, and it is only used in scattered places in the U.S., despite being the most common electoral system in Europe and parts of Asia. Incorporating a proportional system necessarily means moving away from single-member districts. As Dixon puts it, "the ideal of proportionate representation of parties does not dovetail well with an election system based on the use of geographic legislative districts and the plurality rule within each district." The two-party system, in turn, is dependent upon the existence of single-member districts (Dixon 1982, 9). Some scholars, concerned about the effects proportional representation is apt to have on the two-party system have moved to pre-empt any discussion of particular standards of fairness in redistricting, believing they lead inevitably to a proportional system. According to some scholars, a test for partisan gerrymandering is a covert argument for proportional representation (Schuck 1990, 240). Levinson says as much when he notes that by putting emphasis on the fairest popular modes of election, advocates are inexorably (and in most cases, unintentionally) pushing the courts toward proportional modes of representation (Levinson 1995, passim). He characterizes the reapportionment cases of the 1960s as "a radical intervention into long-established modes of apportioning legislative seats" (Levinson 1995, 259) and suggests that in the future, an activist court is apt to use the same type of activism to impose a proportional representation scheme on the country. If these scholars are correct, the U.S. has been on track to a legal standard prohibiting partisan gerrymandering for some time (but not yet arrived). Decades ago, Justice Stevens argued, "Political gerrymandering is one form of 'vote dilution' that is proscribed by the Equal Protection Clause." (Stevens, J., concurring, Karcher v. Daggett, 1983, 462 US 725). In Justice O'Connor's worldview, excesses in redistricting, including gerrymandering, are nothing more than perquisites of the majority party, one of the spoils upon gaining office (Backstrom, Robins and Eller 1990, 148). Backstrom, Robins & Eller caution, however, "Popular acquiescence in and support for laws of a democracy" are dependent upon "the faith on the part of the losers in this legislative election that they have a fair chance to be the victors in the next." (Ibid.) According to Baker, the 1964 reapportionment cases suggest "at least three interrelated components: political inequality of individual voters; majority rule rather than oligarchy; representative institutions that can reflect significant shifts in public opinion." (Baker, The Unfinished Reapportionment Revolution 1990, 11). Baker argues, "representative institutions should not be static, but rather should be responsive to shifts in public opinion." (Baker, The Unfinished Reapportionment Revolution 1990, 13). Niemi & Deegan argue that since seats in a legislature should change as vote totals change, "there is a need to incorporate the partisan division of the vote into the criteria for fair districting." (Niemi and Deegan 1978, 1304). As Niemi puts it, "It hardly seems fair or consistent with democratic principles to have a districting plan such that changes in seats are heavily insulated from changes in votes." (Niemi 1982, 35). Dixon argues that the most important function of the redistricting body is "to test and discard unfair plans and not for the purpose of manufacturing artificial majorities in the legislative assembly." (Dixon 1982, 11). Backstrom, Robins & Eller devise a test for doing exactly that. They assert a standard based on a previous election for evaluating redistricting plans. They note that persons involved in districting use exactly such a partisan baseline for doing their work; therefore, scholars and courts evaluating plans should do no less. Their process involves evaluating majority voting strength as the primary indicator of fairness; if a plan exceeds this index, it constitutes a partisan gerrymander (Backstrom, Robins and Eller 1990, 160). Schuck criticizes their method, claiming, "a base race, to be a useful construct, must be on in which the effects of issues, candidates' personalities, unusual party effort, and other contingent factors deemed irrelevant to the parties' 'true' strength are minimal." (Schuck 1990, 241). But this is exactly what Backstrom et al mean: They advocate use of election for secretary of state or agriculture commissioner or some other fairly inert office for which partisanship is key to the outcome. Where such a contest is lacking, Backstrom et al urge use of the next most candidate-neutral contest, or where no such contest is present, an index constructed from one or more other more prominent contests (Backstrom, Robins and Eller 1990, 160-61). Backstrom points out that the only truly national base race is the vote for president, which is inadvisable to be used because of the huge dynamics of the campaign, incumbency, and particular characteristics of the candidates involved. (Backstrom, The Practice and Effect of Redistricting 1982, 353). Backstrom et al were responding to a line of argument that called for the establishment of standards in electoral matters. "In the absence of any clear criterion as to what a fair result should be, it is not possible to use the results as a criterion of unfairness in the establishment of electoral districts." (Vickrey 1961, 106). Many scholars have attempted to establish a set of criteria for fair districting. Backstrom speculates that the reason the courts have over time been unwilling to engage in litigation over reapportionment is because of "the lack of a precise definition of partisan gerrymandering and the lack of recognized measures of it." (Backstrom, Problems of Implementing Redistricting 1982, 45). Thus, definitions of the problem and cogent solutions for it are important in a world where some people deny that a problem even exists. One of the most basic sets of criteria is advocated by Niemi: "Four criteria for fairness 1. Neutrality: A districting plan that treats all parties alike in allocating seats per given vote totals is said to be neutral. 2. Range of responsiveness: The range of responsiveness of a districting plan is defined as the percentage range of the total popular vote (for the entire state) over which seats change from one party to the other. In other words, the low end of the range is the minimum percentage of the total vote required to win at least one seat, while the upper end is the minimum percentage of the total vote required to win all seats. 3. Constant swing ratio: The swing ratio of a districting plan is defined as the rate at which a party gains seats per unit increment in votes. When this rate is identical for all vote percentage points over a specified range, the swing ratio is said to be constant over that range. 4. Competitiveness: The competitiveness of a districting plan is defined as the percentage of districts in which some normal or expected vote is within a fixed difference of 50 percent." (Niemi 1982, 36) As Niemi elaborated later, "The swing ratio is calculated for one party only, but in a strictly two-party system (or if only the two-party vote is used), it will be identical for each party" (Niemi 1990, 172). Stern advocates creating politically competitive districts as an ideal of redistricting. "Legislatures should be apportioned so as to minimize the extent to which any representative is able to rely solely on a single interest group for his support." (Stern 1974, 401). He notes in a footnote, "such a process exerts a moderating influence on the representative." Dixon put forth three observations about the redistricting process: 1. "Whether non-population factors are expressly taken into account or not, they influence all election outcomes in all sets of districts 2. "A large number sets of districts that observe equal population can be created, and they will have different and non-neutral electoral impacts 3. "Gross electoral inequalities can still be produced with equal population" (Dixon 1982, 7-8). The work of gerrymandering legislators is made easier by the tendency of voters to segregate themselves. This is in a sense the process described by Kevin Phillips in The Emerging Republican Majority (Phillips 1969). While not everyone in the suburbs is now Republican, and many suburban areas remain competitive politically, the converse is more true; most central cities in the U.S. are overwhelmingly Democratic to the point that the Republican Party essentially does not exist in them (Campbell 1996). This chapter will demonstrate that this fosters an asymmetry that moderates the impact of any growth in Republican vote. Campbell argues that SMP generates bias in favor of Democrats specifically because Democrats appeal to a lesser socioeconomic sphere than do Republicans, and because people of a lesser socioeconomic sphere not only cluster together in neighborhoods, but they also have less voter turnout than those of higher SES. Stated more broadly, "single-member district electoral systems apportioned by population are biased in favor of parties representing lower socioeconomic groups." (Campbell 1996, 41-42). Campbell further goes on to say, "any party whose adherents have characteristics associated with low turnout and are geographically concentrated by these characteristics will benefit from a districting system that reflects these geographic considerations." (Campbell 1996, 42). The basic goal of redistricting is to equalize population in districts. Until the 1960s, there was gross malapportionment of districts at all levels in the United States, and the most minimal goal of any redistricting program is to make the districts more equal. This need not be pushed to an extreme, as some courts have done. (Michigan judges, for example, districted all of the state's congressional districts within three persons in 1982.) Backstrom has pointed out the folly of using census data which are known prospectively to lack accuracy at the minute level to create districtings that supposedly are. The Supreme Court was already speaking in these terms at the outset of the reapportionment revolution: "It is a practical impossibility to arrange legislative districts so that each one has an identical number of residents, or citizens, or voters. Mathematical exactness or precision is hardly a workable constitutional requirement." (Reynolds v. Sims, 1964, 377 US 533 at 578). Some years later, Justice White made the point that some factions were knowingly engaging in malfeasance by enacting redistrictings that they knew were inaccurate: "Legislatures intent on minimizing the representation of selected political or racial groups are invited to ignore political boundaries and compact districts so long as they adhere to population equality among districts using standards which we know and they know are sometimes quite incorrect." (White, J., dissenting, Wells v. Rockefeller, 1969, 394 US 542 at 544-545). Some argue that redistricting is a political problem that ought to be left to the elected branches of government to sort out. Indeed, until it wrought the reapportionment revolution, this was the view maintained by the Supreme Court. But the notion that the political system will somehow be able to work redistricting out without outside help is challenged by many who have to deal with the excesses of legislators armed with the perk of being able to draw their own districts. "Those who would leave the problem to the give-and-take of the political process overlook the fact that the process itself often resembles a monopoly more than a free market, with little 'give' but a lot of 'take."' (Baker, The Unfinished Reapportionment Revolution 1990, 25). Rather than a monopoly, Issacharoff calls the actions of the two parties relative to redistricting "duopolistic gerrymandering," (Issacharoff 2002) in which both agree to protect each other's safe seats and minimize the existence of competitive seats. Ansolabehere and Snyder reject this argument, although they agree that politicians have tried and failed to do on a large scale what Issacharoff alleges (Ansolabehere and Snyder 2008, 268). Ansolabehere and Snyder posit that such a succession of duopolistic gerrymandering would have resulted in a bimodal ordering of safe legislative seats in each chamber for which it was implemented (Ansolabehere and Snyder 2008, 269). They tested the duopolistic gerrymandering hypothesis for all fifty states for the decade of the 1980s and found a bimodal distribution in only one chamber in one state: the New York state senate. "The distribution of the vote across legislative districts is clearly unimodal." (Ansolabehere and Snyder 2008, 270). They found the same pattern in the U.S. House, with the popular vote approximating a normal curve. (Ibid.) The Court in Bandemer decided that reapportionment is justiciable, but confined itself to "boundary manipulation that goes beyond usual and expected partisanship" (Baker, The Unfinished Reapportionment Revolution 1990, 21), where, as Justice White put it in his majority opinion, "the electoral system substantially disadvantages certain voters in their opportunity to influence the political process effectively..." (Davis v. Bandemer, 1986, 106 S.Ct. 2797 at 2811). Grofman characterizes the decision as prohibiting partisan gerrymandering which is intentional, severe, and "predictably nontransient in its effects." (Grofman, Toward a Coherent Theory of Gerrymandering: Bandemer and Thornburg 1990, 30). Data analysis Regional breakdown. Results for the Brookes analysis are computed regionally. For our purposes, the United States consists of four regions. The Midwest is least controversial in terms of its composition, and includes these twelve states: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin. The South consists of the eleven states of the Confederacy, plus Kentucky, Oklahoma, and West Virginia. The Northeast includes the New England and Middle Atlantic states, including Delaware and Maryland. All other states are included in the West. There is no perfect regional aggregation of states, but this grouping encompasses that used by many other scholars. These are somewhat similar to the U.S. census regions but not identical to them, because this analysis includes Maryland and Delaware in the Northeast while the Census Bureau includes them in the South. (United States Department of Commerce, Bureau of the Census 1992, A-4). Groupings that use more regions typically disaggregate the Pacific states from the Rocky Mountain states. Certainly there is reason to do so from a political analysis standpoint, with the mountain states being roundly more conservative than the coast states; however, the argument could then be made that the Great Plains states have more in common with the mountain states than they do with the Great Lakes states. The neat pattern made possible by the definition of four large regions then becomes muddied into a mere agglomeration of states into geopolitically similar categories. While having less history behind it than the other regions, "the West" is certainly salient as an ecopolitical area, much as the other regions call to mind specific contexts in which political history has been situated. The big picture in the bias analysis is one in which the Democrats typically suffer from bias against them on measure G, but often more than make up for it in bias toward them on measure CSV. The other components of bias, typically more prominent in countries with more than two parties, are usually negligible. The most obvious historical pattern is that the Democrats started with a system that was only nominally biased in their favor, (excluding the South, it was mostly biased against them) and with their landslide in the 1974 election, created a reservoir of advantage that they were able to sustain into the 1990s. This is the picture described in King & Gelman (King and Gelman 1991, 110). Even in 1990 and 1992, the Democratic advantage exceeded 35 seats. Despite the Republican victory in 1994, the Republicans have mostly held their own in House elections and have not accrued victories as disproportionate as the Democratic margins of the earlier period were. The confounding thing for the Republicans is that even though the bias toward them on measure G was at the end of their 12-year ascendency higher than what it was toward the Democrats at the peak of their hegemony in 1976, the CSV factor has not similarly changed direction. This factor seems to be a persistent bias in favor of Democrats no matter how the rest of the bias equation turns against them, which wanes a little in redistricting years. Thus, an asymmetry has emerged in which CSV, which used to undergird the Democrats' advantage on G, now counterbalances the Republican advantage on G. Furthermore, this appears to be a systemic bias stemming from persistent lower turnout (coupled with declining population) in strong Democratic areas. The result is an apparent governor in the electoral system in which the Republican advantage in House elections can never be as great as the Democratic advantage was in the previous period. Campbell argues, "District turnout disparities, in themselves, do not create partisan bias." (Campbell 1996, 101). However, this contradicts exactly what the CSV component of the Brookes model shows, namely that the disparity in turnout from one district to another is producing disparities. Campagna & Grofman make the suggestion, "there are some general effects of redistricting that act relatively similar[ly] across all states and give rise to a slightly higher level of swing immediately after redistricting has taken place." They point to a typically higher level of swing in 1982 than 1980, something borne out by this table (Campagna and Grofman 1990, 1254). But in general, these data prove their point wrong. If anything, it would be easier to believe that swing is reduced immediately after redistricting and that 1980, rather than 1982, was an anomalous year, being less connected in terms of its bias patterns to the preceding years. Table 1. National bias analysis, 1966-2008. Year Bias G CSV A TPV TPW 1966 1968 1970 1972 1974 1976 1978 1980 1982 6.86 10.91 11.72 6.11 44.50 56.45 48.30 13.22 35.98 -13.83 -13.74 -15.33 -13.01 25.89 34.84 20.10 -11.74 29.30 18.62 18.98 18.05 8.87 2.21 24.21 23.94 24.51 0.41 1.71 4.25 9.27 10.63 16.44 -3.66 4.05 1.74 6.30 0.36 1.42 -0.27 0.62 -0.04 1.06 0.20 -0.28 -0.02 0 0 0 -1 0 0 0 -1 0 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 *2006 *2008 14.63 21.01 21.82 45.31 37.95 -3.05 -9.05 2.90 -6.32 -6.66 -12.33 15.52 31.03 -0.80 7.60 2.88 23.11 21.57 -21.94 -33.08 -12.41 -29.75 -32.01 -38.52 -4.71 17.82 20.78 16.08 16.89 17.18 15.04 16.98 23.82 17.16 22.95 20.86 24.25 19.32 12.41 -5.51 -2.70 2.24 4.81 0.90 1.95 -1.23 -2.24 0.79 2.61 1.74 0.89 1.20 0.16 0.03 -0.20 -0.79 -0.56 -0.04 0.43 0.39 -0.31 0.88 0.20 0.02 -0.41 0 0 0 1 1 0 1 0 0 1 0 0 0 Regionally, this augurs most forcefully in the South. The South has swung in our time from being solid for the Democrats to being nearly as solid for the Republicans. The paradigm shift, in terms of the Brookes analysis, occurred in 1996. From then on, the system, which had heretofore been biased in favor of the Democrats in terms of contested seats, came to be biased in favor of Republicans. Furthermore, the G bias has grown to this time that the CSV bias does not compensate for even half of it. In 2004, more than half of the G bias in favor of the Republicans was coming from the South. (This analysis does not include unopposed seats and other seats in which one party does not run, so it clearly understates what the Democratic advantage in seats was for decades. Were every seat taken into account, the Democratic total bias in the South would be at least 25 in every election from 1964 until 1978, and the Republican total bias would be over 18 seats in 2004.) Insofar as redistricting was most lacking in the South before 1972, for the years considered here, there is little support for King & Gelman's contention that redistricting reduces electoral bias per se (King and Gelman 1991, 541). Indeed, with regard to the Brookes analysis, bias overall in the South got worse before it got better, and in terms of the G component, bias is higher in absolute numbers now than at any other time in this period, even taking into account the many seats removed from competitiveness at the beginning of the period by the absence of the Republican Party. Table 2. Electoral bias in the South, 1966-2008. Year 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 Bias 10.97 14.68 8.48 8.71 13.28 19.67 17.62 9.55 18.85 5.47 10.16 11.08 19.03 17.42 5.54 -10.35 -6.46 -10.60 -8.03 -12.54 -37.96 -24.12 G 4.42 11.97 1.84 5.06 5.89 15.06 9.86 3.60 13.42 0.53 8.37 5.67 14.11 9.60 -0.69 -17.20 -11.68 -14.92 -14.52 -20.38 -46.55 -25.48 CSV 7.56 2.49 1.31 1.97 3.83 6.93 5.37 5.46 -1.58 9.71 9.92 4.82 4.68 5.88 6.70 7.96 1.83 6.37 4.37 8.81 7.34 6.25 A -1.02 0.04 5.38 1.99 3.86 -2.65 2.37 0.96 7.09 -4.82 -8.18 0.52 0.22 1.55 -0.51 -1.23 3.31 -0.92 2.10 -0.88 1.15 -4.66 TPV 0.01 0.18 -0.04 -0.31 -0.30 0.33 0.02 -0.47 -0.08 0.04 0.05 0.07 0.02 0.38 0.05 0.12 0.08 -0.12 0.02 -0.08 0.10 -0.23 TPW 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -1 0 0 0 0 The Midwest is the region of the country that has historically favored Republicans. The party was born there, and quickly gave it a Northern foothold, which remained persistent into the New Deal era. In some ways, the Midwest best illustrates the ascent of the Democrats in 1974 and their rapid descent in 1994. The overall bias number was negative through 1972, as was the G component. This suddenly turned around in 1974, with the bias being a near mirror image of what it was in 1972. With the exception of 1980, the Democrats had a bias in their favor until the Republican landslide of 1994. The salience of this period of Democratic hegemony is well characterized by its mere presence in this region which had for so long been unwinnable by Democrats. It was here that the redistricting revolution first made waves by eliminating Republican bias in the Midwest at a time the South was still subject to Democratic bias. In a sense, this is why the Democrats were so effective at keeping a congressional majority even when the presidency was alternating between the two major parties. According to Cox & Katz, "the eradication of pro-Republican bias in the translation of Congressional votes into seats resulted in an abrupt decline in the Republicans' probability of attaining a majority of seats in the House of Representatives" and made recruitment more difficult for them and resulted in the incumbency advantage being improbably more significant for them than for Democrats (Cox and Katz 2002, 7). Table 3. Electoral bias in the Midwest, 1966-2008. Year 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 Bias -17.53 -16.52 -7.18 -8.39 8.34 5.59 6.56 -3.43 4.58 2.07 5.50 7.07 11.03 9.75 -4.49 -3.10 2.14 G -22.78 -18.82 -12.51 -11.95 4.42 2.33 -0.37 -10.37 8.59 1.88 3.84 3.64 6.95 7.68 -5.52 -6.57 0.49 CSV 4.59 1.92 3.84 0.31 -3.32 1.98 5.71 5.94 0.76 -0.53 0.36 3.00 2.82 2.33 1.20 3.79 3.13 A 0.68 0.40 1.65 3.14 7.36 1.18 1.16 0.91 -4.86 0.65 1.30 0.36 1.24 -0.51 -0.18 -0.71 -1.62 TPV -0.02 -0.02 -0.17 0.11 -0.11 0.09 0.05 0.08 0.09 0.07 0.00 0.07 0.02 0.25 0.01 0.40 0.14 TPW 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2000 2002 2004 2006 2008 -6.19 -9.39 -11.32 -4.93 6.81 -9.48 -11.18 -14.13 -8.67 4.91 3.51 3.37 3.85 3.52 2.95 -0.53 -1.66 -1.20 0.15 -0.87 0.30 0.08 0.16 0.08 -0.19 0 0 0 0 0 The Northeast has been a strong area for Democrats since the rise of Franklin D. Roosevelt, and they maintained their positive numbers on the bias scores during the Republican ascendancy. Nevertheless, this is due in large part to their persistent positive CSV score. In terms of G bias, the Democrats have occasionally seen an aggregate bias against them in the Northeast, even in good Democratic years. The abstention factor typically works to their advantage, almost as heavily as CSV bias, in some years. Table 4. Electoral bias in the Northeast, 1966-2008. Year 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 Bias 9.66 10.14 5.51 2.50 12.43 18.94 15.58 5.60 10.45 4.45 2.56 3.25 8.19 4.87 2.96 9.05 8.60 6.37 7.72 G 4.99 0.68 -1.52 -0.95 7.31 11.90 9.35 -1.48 11.35 -1.25 -2.20 -0.35 2.45 -0.26 -1.78 2.76 4.27 -1.04 1.67 CSV 2.99 7.53 4.32 1.79 1.52 5.15 7.06 6.08 -1.54 7.85 3.05 4.32 4.65 4.22 4.99 3.23 4.70 3.51 3.81 A 1.52 1.30 2.71 2.16 3.19 1.49 -0.94 1.91 0.68 -2.11 1.65 -0.47 0.41 0.05 -0.22 2.53 0.03 3.04 1.03 TPV 0.15 0.62 0.00 0.50 0.41 0.39 0.11 0.09 -0.04 -0.04 0.06 -0.25 -0.32 -0.13 -0.04 -0.47 -0.40 -0.14 0.21 TPW 0 0 0 -1 0 0 0 -1 0 0 0 0 1 1 0 1 0 1 1 2004 2006 2008 6.94 27.98 45.93 0.20 23.98 41.56 3.63 2.45 1.81 3.20 1.61 2.69 -0.09 -0.06 -0.14 0 0 0 The West is a politically amorphous region. It is dominated by California, which is by this time one of the most reliable Democratic states. It has not always been so, and were it not for California, the West would be the strongest Republican region. However, despite the West's Republican bias for several election cycles beginning in 1994, it has reverted beginning in 2000 to its pre-1994 pattern of mild Democratic bias. Also, the West was not as biased against the Democrats before the 1974 Watergate landslide as the Midwest, turning in positive numbers in the pre-1974 elections and only small biases against the Democrats on the G measure in those years. Despite the near elimination of G bias in California in 2002 and 2004 (see below), the Democrats suffer from persistent G bias in the West, highlighting that the situation is worse for them outside California. Table 5. Electoral bias in the West, 1966-2008. Year 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 Bias 3.46 2.21 4.84 3.24 10.45 12.06 8.47 1.51 2.04 2.58 2.45 0.51 7.32 6.69 -7.15 -4.67 G 1.29 -1.41 -1.29 -1.72 8.79 7.67 3.81 -1.77 -0.44 -1.80 -1.83 -5.65 -0.24 5.41 -12.17 -13.53 CSV 2.99 3.72 6.45 2.67 -0.30 7.65 4.94 5.83 1.16 3.91 3.89 5.61 6.37 2.53 3.68 10.08 A -0.79 -0.30 -0.16 2.05 2.01 -3.51 -0.25 -2.56 1.28 0.38 0.44 0.54 1.39 -0.95 1.47 -1.49 TPV -0.03 0.21 -0.16 0.24 -0.04 0.25 -0.02 0.01 0.04 0.08 -0.05 0.01 -0.20 -0.30 -0.12 0.26 TPW 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1998 2000 2002 2004 2006 2008 -1.94 3.84 2.45 4.39 8.81 20.29 -7.16 -3.95 -7.23 -1.06 2.66 13.24 6.60 7.52 7.55 6.24 5.41 5.20 -1.41 0.93 2.16 -0.68 0.93 1.59 0.03 -0.66 -0.04 -0.11 -0.20 0.26 0 0 0 0 0 0 An examination that focuses on the impact of redistricting on electoral bias is most salient in the CSV category. The elimination of disparities in population between districts is the main objective of redistricting. Indeed, when judges have been the ones to implement redistricting, they have been known to draw districts absurdly similar in population to avoid any charge that they did not fix disparities. However, the Brookes method as it is applied here looks at disparities not in population but in registered voters. This emulates the function of proportional representation of equalizing actual voters rather than population. Even so, one would expect the CSV bias to be smallest in redistricting years, when the districts newly reflect the population as it was 2 1/2 years earlier; and higher in the last year of a district map, when the census that created the lines is more than 10 1/2 years old. The pattern generally visible in the data is that the CSV bias is reduced with each redistricting and then grows over the life of that map. While it is not a perfect pattern, the paradigm of CSV bias favoring Democrats is overwhelmingly true. (Only five of 85 data points are negative.) This suggests, ceteris paribus, that Democrats' advantage in House elections ought to increase through the life of a redistricting map. However, this might be only be relevant in a statistical analysis and convey nothing meaningful politically, as it might mean only that districts which are already overwhelmingly uncompetitive on the Democratic side have become more so. Table 6. CSV bias nationally and by region, 1972-2008. USA MW NE 1.79 0.31 8.87 1972 1.52 -3.32 2.21 1974 5.15 1.98 24.21 1976 7.06 5.71 23.94 1978 6.08 5.94 24.51 1980 -1.54 0.76 0.41 1982 7.85 -0.53 20.78 1984 3.05 0.36 16.08 1986 4.32 3.00 16.89 1988 4.65 2.82 17.18 1990 4.22 2.33 15.04 1992 4.99 1.20 16.98 1994 3.23 3.79 23.82 1996 4.70 3.13 17.16 1998 3.51 3.51 22.95 2000 3.81 3.37 20.86 2002 3.20 3.85 24.25 2004 1.61 3.52 17.88 2006 2.69 2.95 17.10 2008 Horizontal lines reflect redistricting years. S W 1.97 3.83 6.93 5.37 5.46 -1.58 9.71 9.92 4.82 4.68 5.88 6.70 7.96 1.83 6.37 4.37 8.81 7.34 6.25 2.67 -0.30 7.65 4.94 5.83 1.16 3.91 3.89 5.61 6.37 2.53 3.68 10.08 6.60 7.52 7.55 6.24 5.41 5.20 A bivariate regression using the number of years since redistribution as the independent variable (year ending in 2= 0, ... , year ending in 0 = 8) and the CSV bias as the dependent variable, with the 15 elections from 1972 to 2004, inclusive, for the U.S. as a whole and each of the four regions (N=85) yields a coefficient of 0.51 (SE 0.25), with significance at the .95 level. While this is of only modest salience, it points in the direction in which a more casual analysis of the data also points. An object lesson can be taken by applying the Brookes method to California by itself. In 2002, redistricters in California created 53 safe districts. There is not a competitive House district left in the state. The efficacy of this redistricting as a bipartisan compromise shows in the Brookes analysis, because the G bias factor diminishes almost to zero, comprising -0.246 in 2002 and 0.558 in 2004. This is a drop from a G bias in favor of the Democrats of 1.79, or almost two seats, in 2000, under the previous map. However, as is often the case in redistricting chess moves, amelioration of this aspect of bias only makes another one worse. As the map is supposedly made more fair to Republicans in suburban areas by reducing the G bias, the CSV bias expands to take up the slack. Thus, the overall bias of the redistricting is approximately the same as before, and perhaps even more biased in favor of the Democrats. While neither party has to fight for its seats in California anymore, the Republicans are still fighting harder to achieve parity. Table 7. Bias analysis of U.S. House elections in California, 2000-2004. 2004 2002 2000 0.558388 1.79025 -0.24576 G 3.885317 5.310184 4.446103 CSV 0.333325'1.473966 1.021839 A -0.06005 0.019658 0.116509 TPV 0 0 0 TPW 5.948839 6.558045 6.142839 Bias * excludes races where either D or R not running The method also sheds light on the infamous Philip Burton gerrymander of 1982. This plan, one of the few non-racial gerrymanders to be classified as truly extreme by geographers and political scientists, cut up neighborhoods and ran district lines every which way in order to give the Democrats an advantage in House elections. Burton was not the least apologetic about using gerrymandering. He declared that the first priority for a legislator should be to "get yourself in a position [to] draw lines for [your own] district. Then, you draw them for all your friends before you draw anyone else's." (California Journal, August 1983, quoted in (Baker, The 'Totality of Circumstances' Approach 1990, 208). Owen & Grofman explained "aberrant features of the plan could almost always be traced to manipulations designed to achieve probably partisan advantage." (Owen and Grofman 1988, 19). However, a Brookes analysis shows that in terms of G, the 1982 election was much less biased in the direction of the Democrats than the 1980 was biased in the direction of the Republicans. Essentially, the redistricting reversed the direction (if not the magnitude) of the G bias in California and even cut the sizeable bias the Democrats had in CSV going into the election, which was more than enough to wipe out the G bias under the previous map. This is consistent with the assertion of Ostdiek (1995) and others that in order to properly dilute its opponents' districts, a party must reduce its own advantage in its safe seats. Desposato and Petrocik succinctly state the paradox of the partisan gerrymander this way: At the margin, ensuring electoral security and maximizing the party's number of seats are conflicting goals. But a balance is struck when the dominant party provides the 'assurance' of victory to the nth candidate of the largest possible majority for their party, while providing a 'guarantee' of victory to the smallest possible number from the other party by packing minority party supporters together in a minimum number of districts. (Desposato and Petrocik 2003, 18). This paradox and its implications are quite visible in this analysis. Table 8. Bias analysis of U.S. House elections in California, 1980 and 1982. 1982 1980 -5.35571 1.171245 G 5.503137 2.949975 CSV 0.342799 0.895863 A 0.243822 -0.00324 TPV 0 0 TPW 0.73405 5.013841 Bias *excludes races where either D or R not running Conclusion Perhaps the key finding in this analysis is illustrated in Chart 1. Even as the bias in G drifted deeper into the Republican zone between their victory in 1994 and the Democratic recapture of the House in 2006, the CSV bias has remained largely constant for the Democrats and has moderated the total bias against that party. As mentioned, CSV bias is less easily corrected than G bias. It would disappear under most forms of proportional representation, but it would also be greatly reduced under certain applications of multi-member districts. No state has used multi-member districts since 1966, when Hawaii was still electing its two members at large. But multi-member districts would not necessarily help Republicans in the larger scheme of things, because they would also reduce its more sizeable advantage in G bias. Thus, the current state of American politics can be described through a Brookes analysis as having an asymmetry in which the Democrats can more easily convert their votes into seats than the Republicans can. This meshes with the redistricting hypothesis in that this chapter finds that while redistricting has some impact on the CSV bias in favor of the Democrats, it does not eliminate it completely. That CSV tends to drop in redistricting years and then increase for the rest of the decade is consistent with the core ideal of redistricting: to equalize population. In many cases, the effects attributable to districting are small. As Ansolabehere and Snyder put it, "Political cartography today results from struggles among the legislators themselves over many different objectives and goals. The new lines have become increasingly twisted as parties and incumbents, constrained by the courts and the governors, fight for any little gain they can make. But the gains are just that - little." (Ansolabehere and Snyder 2008, 271). Nevertheless, Campbell argues that turnout disparities between districts - made more obvious through the Brookes analysis - ought to be addressed somehow: "It would be merely a constitutional nicety rather than a guarantee of popular sovereignty to insist that districts be equally populated, if the numbers of actual voters in districts varied widely, with very few casting ballots in some districts while huge numbers voted in other districts in one election after another." (Campbell 1996, 96). Presidential voting in House districts and party polarization Analyzing presidential voting in house districts gives us the ability to look beyond the effects of congressional incumbency and redistricting. Although there are incumbent presidents too, the visibility of the presidential contest makes the incumbency advantage less important. Although there are also state effects in presidential voting, there are no district effects because voters in the individual states are mobilized to vote by campaigns and targeted by media regardless of the congressional district they live in. Looking at presidential voting by house district therefore lets us see things about districts that would not be visible if only house contests, with their severe incumbency effects and the sharp self-elimination of challengers, were analyzed. When looking at presidential voting in house districts, we often see the kind of lopsided elections occasionally experienced in Canada and Britain and other parliamentary democracies. For example, in 1972, Republican Richard Nixon won 376 congressional districts and Democrat George McGovern won only 59. On that same day, by comparison, Democrats won 242 house seats while Republicans won only 192 (and one other seat went independent). From those House results, one wouldn't know that a presidential landslide was happening elsewhere on the ballot. Similarly, in 1984, Republican Ronald Reagan won 369 congressional districts and Democrat Walter Mondale won only 66. Meanwhile, House Democrats won 252 seats to 183 for House Republicans. In the American example, House contests have been marked with greater consistency from election to election and presidential contests with greater fluctuation. Presidential voting is therefore more similar than congressional voting to the parliamentary model in Britain and Canada. Conservatives won 211 of 282 seats in the Canadian election of 1984 but were reduced to only two in 1993 (and took 169 in the intervening election in 1988). Liberals won only 40 seats in that election in 1984, increased to a not much better 83 in 1988, and then boomed to 177 in 1993. These landslide elections where old governments are voted out as much as new governments are voted in are much more reminiscent of presidential elections where incumbents are defeated than they are of the rare U.S. House election in which the majority party changes hands. Therefore, looking at presidential voting in the context of House districts can give us clues about the effects of those districts (including the districting that created them) that is not available to those who only examine voting for Members of Congress. The degree of polarization in the country has also changed in the period being studied. Abramowitz et al note that the 1976 and 2004 presidential elections were decided by the same margin in the electorate but that 1976 was mostly about many close states whereas by 2004, the country was more polarized (Abramowitz, Alexander and Gunning, Don't Blame Redistricting for Uncompetitive Elections 2006, 88). Pildes & Niemi state the problem this way: "Democratic theory might accommodate either proportional representation or territorial districting," but they hasten to add while citing Polsby & Popper, "trying to force the kinds of concerns a proportional-representation system addresses into a territorial system eventually stretches the latter to a breaking point." (Pildes and Niemi 1994, 502). Polsby & Popper decry gerrymandered SMP systems as possessing "the worst aspects of both Madisonian democracy and proportional representation." (Polsby and Popper 1991, 306). They argue that gerrymandered majorities are less in need of forming coalitions and thus more ideologically polarized. (Polsby and Popper 1991, 307). Brookes analysis of U.S. presidential voting by Congressional district 1984 66 369 66 369 196889.1 219834.8 286299.5 280021.8 89410.43 60186.96 1988 135 300 135 300 193818.2 214375.9 306956.2 304670.8 113138 90294.88 1996 1992 257 279 178 156 257 279 178 156 192257.1 206536.8 193299.3 194270.6 328919 303466.6 315225.7 362380.6 64346.8 116606.7 54732.33 136306.8 42800.63 18041.65 48926.21 19536.99 -323.11 -27.7799 -232.353 -327.946 -77.9973 24.90803 12.51027 7.759074 2.197369 -4.78541 -2.63797 -9.59473 22.9687 52.88677 30.2127 0 0 -4.39835 0 3.259583 0 0 -18 0 0 2.947858 -181.667 -302.519 -70.4677 -320.195 -187.383 -1.62316 24.08191 0 0 -164.924 77.82472 8.242214 10.31116 -3.62386 0 92.75423 1968 159 229 191 243 133921.1 150796.4 191561.2 214641.5 34969.66 41304.53 22670.47 22540.58 G CsV A TPV TPW Total 1972 59 376 59 376 170097.6 174894 218452.5 231111.6 50064.12 60775.41 1976 219 216 219 216 170148.1 195935.6 238435.3 247094 68287.18 51158.35 1980 129 306 129 306 152711.7 194205 260864.1 263507.5 108152.4 69302.45 9425.612 14626.26' 2000 207 228 207 228 216952.8 247129.4 347199.6 402982.8 120896 148039.6 9350.768 7813.768 136.4404 -49.4948 32.643 20.81629 -7.44963 -6.48448 0.21582 1.679647 0 0 150.0229 -21.6567 2004 180 255 180 255 261497.2 289293.3 372889.6 414902.6 109229 123590.4 2613.497 2439.924 2008 242 193 242 193 286135.6 309584.9 380602.4 418728.2 90590.62 104952.9 3876.202 4190.394 31.9266 -97.2002 23.47866 20.68385 -1.52779 -3.63827 0.246967 0.03888 0 0 -75.0024 49.01105 Chart 1. Electoral bias and G and CSV components, for districts with both D and R candidates BLAS INHOUSE SEATS- TWOG-PARTY CONTETONLY 80.00(10.00 40.00 .. -I- 0.00 -20.00 -40.00 -60.00 Bias -G ""*** Appendix 1. Notes on methodology. There is no single source for the size of the registered electorate by Congressional district. Where such numbers were included in the Almanac of American Politics, they were used. For 1970, where none were available, they were copied from 1968. For 1972, the statewide electorate from Leip for other states except Iowa, Missouri, North Dakota, and Wisconsin was used and interpolated by proportion of the 1972 presidential vote allocated straight-line. For Iowa, Missouri, North Dakota, and Wisconsin, the electorate was fixed by dividing the presidential vote by .7 by comparison with other midwestern states. For 1974, the electorate was copied from 1972. For 1976, the statewide electorate for Georgia, Massachusetts, New Jersey, New Mexico, Ohio, Oregon, and West Virginia were taken from Leip. For other states, except North Dakota and Wisconsin, it was obtained from the Almanac of American Politics 1978. The electorate by district was established by allocating the proportion of presidential vote straight-line. For North Dakota and Wisconsin, the electorate was fixed by dividing the presidential vote by .72 by comparison with Illinois, Minnesota, and South Dakota. For 1978, the electorate was copied from 1980. For 1980, the electorate was apportioned straight-line from the Almanac of American Politics 1982 by proportion of presidential vote. For North Dakota and Wisconsin, the electorate was fixed by dividing the presidential vote by .72 by comparison with Minnesota and South Dakota. For 1982, the electorate was copied from 1980. For 1984, the electorate was calculated from statewide electorate figures from the Almanac of American Politics 1986 by apportioning the presidential vote by district straight-line, for all states except Alabama, North Dakota, and Wisconsin. For North Dakota and Wisconsin, the electorate was fixed by dividing the presidential vote by .715 by comparison with Minnesota and South Dakota. The numbers didn't make sense for Alabama, so a proportion of .7 was assumed. For 1986, the electorate was copied from 1984. For 1988, the electorate was calculated from statewide electorate figures from the Almanac of American Politics 1990 by apportioning the presidential vote by district straight-line, for all states except Wisconsin. For Wisconsin, the electorate was fixed by dividing the presidential vote by .71 by comparison with Illinois and Minnesota. For 1990, the electorate was copied from 1988. For 1992, the electorate by Congressional district was available for Maryland on the state's web site. For all other states except North Dakota and Wisconsin, the electorate was calculated from statewide electorate figures from the Almanac of American Politics 1994 by apportioning via straight-line the presidential vote by district. For North Dakota and Wisconsin, the electorate was fixed by dividing the presidential vote by .73 by comparison with Illinois, Minnesota, and South Dakota. For 1994, the electorate by Congressional district for Florida and Maryland was obtained from those states' web sites. For all other states, it was copied from 1992. In applying presidential election voting using congressional districts, most presidential election results by congressional district were taken from various editions of the Almanac of American Politics and Congressional Quarterly's Guide to U.S. Elections. Some recent results were obtained from online sources. The size of the registered electorate was taken from the Almanac of American Politics where available. The figures from 1976-1988, inclusive, were first obtained from Congressional Districts in the 1970s (Congressional Quarterly 1974) and Congressional Districts in the 1980s (Congressional Quarterly 1983), but these figures were deemed to be too inflated to be directly comparable with data from other sources for the years 1968 and 1972, and 1992 to 2008. Thus, data for 1976-1988, inclusive, as contained in the aggregate analysis, were interpolated from the years 1968, 1972, and 1992, using a quadrennial inflator of 8 percent. This was apportioned in proportion to the figures obtained from Congressional Districts in the 1970s and Congressional Districts in the 1980s. Figures for abstentions in this period were also deemed to be inflated, and so the aggregate was calculated from straight subtraction of the election results from the electorate as estimated above. These results at the congressional district level were not posted backward to the database, so the database continues to contain the suspect figures from Congressional Districts in the 1970s and Congressional Districts in the 1980s. Appendix 2. Equations of bias components x = number of seats won by object party (Democrats) y = number of seats won by other major party (Republicans) b = number of seats where object party leads other major party f= number of seats where other major party leads object party P = average number of combined votes for two major parties where object party leads other party Q = average number of combined votes for two major parties where other party leads object party R = average registered electorate in seats where object party leads S = average registered electorate in seats where other party leads C = average number of abstentions in seats where object party leads D = average number of abstentions in seats where other party leads U = average number of minor party votes in seats where object party leads V = average number of minor party votes in seats where other party leads G = gerrymander effect CSV = constituency size variations (malapportionment effect) A = abstentions effect TPV = third party votes effect TPW = third party wins effect G = {[f(Pb/Qf-1)] - [b(Q/Pb-1)1}} / 2 CSV = {[f(S/R-1)] - [b(R/S-1)]} / 2 A = TPV {f*[(R/(R-C))*[(C/R)-(D/S)}]-b*[(S/(S-D))*[(D/S)-(C/R)]I} / 2 = {*[(R/(R-U))* [(U/R)-(V/S)}]-b*[(S/(S-V))*[(V/S)-(U/R)]]} /2 TPW = (x-b)-(y-J) Source: Alan Siaroff, "Electoral Bias in Quebec Since 1936," paper presented at the 17th biennial conference of the Association for Canadian Studies in the United States (ACSUS), Portland, Ore., November 19-23, 2003, p. 17, adapted from Johnston, et. al., From Votes to Seats: The United Kingdom's ElectoralSystem in OperationSince 1945. Manchester, U.K.: Manchester University Press, 2001, pp. 229-230. Chapter 4 - Racial Redistricting and the Brookes Method Racial redistricting has evolved from a form of segregation derided by minorities and advocates for minorities within the larger population to a form of segregation praised by minorities and these advocates. A view expressed early in the reapportionment revolution held, "Racial gerrymandering is simply a particular kind of political gerrymandering" (Dixon 1971). Actions of minorities and their white sympathizers over the next decade suggested that they did not see the act of racial gerrymandering as Dixon did. However, when partitioning of states to segregate minorities was carried to excess in the 1990s, Dixon's words were vindicated and support for racial gerrymandering from courts, the general public, and even minorities themselves began to wane. Backstrom notes that a fair amount of demand for highly racially-conscious redistricting came from blacks themselves: "Black people wanted to be represented as blacks and not merely as people." (Backstrom 1982, 45). Polsby & Popper argue that many minority voters see themselves as members of a minority group first and as a member of a political party only secondarily (Polsby and Popper 1991, 337). Long before anyone started consciously packing black voters into particular congressional districts, scholars were aware that majority-minority districts were on their way through a more natural process. Jewell notes that because black residents tend to live together in certain residential areas, a districting plan is apt to create some blackmajority districts (Jewell 1969, 15). Campbell argues that the single-member plurality electoral system, "which permits the existence of cheap seats and the overrepresentation of its voters, significantly augments the representation of African-Americans." (Campbell 1996, 208). Pildes & Niemi argue that having safe districts created to benefit minorities might be essential to "avoid their submergence in a hostile majority" (Pildes and Niemi 1994, 526). In 1982, Congress renewed the Voting Rights Act. Contained in the act was a provision to use outcomes rather than merely the intent of election officials in evaluating electoral rules, including district boundaries. The act states explicitly that it creates no right to proportional representation on racial lines (Issacharoff 1995). Striving to increase minority representation in the House, states moved to redesign districts to give minorities greater opportunities to win seats. By the late 1980s, it was clear that doing this was tantamount to using the gerrymandering strategy of packing. This is because blacks are overwhelmingly a Democratic constituency and Hispanics are only somewhat less so. In the round of redistricting following the 1990 census, Republicans moved aggressively to create majority-minority districts and thereby pack Democrats. In three states - Georgia, Louisiana, and North Carolina - Republicans drew districts that formed tentacles reaching into black neighborhoods, linking disparate Atlanta Augusta communities over a large swath of the states into a single district. The Georgia district was based in east-central Georgia and had tentacles reaching into Augusta Savannah Sources of silhouette maps: Election Data Services, MarkMonmonier.com and Savannah and toward Atlanta. The Louisiana district ran from the Baton ret Rouge area along the Mississippi River and Monroe thence westerly along the Arkansas border, with tentacles reaching into black neighborhoods along the way and as far west as Shreveport. The state border was clearly recognizable in the silhouette of the district. The North Carolina district stretched from Gastonia to Durham, running along Interstate 85 for much of its length and in some places no wider than the freeway itself. The joke was that someone could drive down I85 with both doors open and kill most of the people in the district. It has also been likened to a large intestine unfurled, complete with vermiform appendix reaching to include part of Gastonia. Where previously black opportunity districts had been 55-60 percent black, the three districts in these instances were supermajority black - over 90 percent. As a result, Republicans were able to be more competitive in the non-minority districts of these states. This was Greensboro a factor in Republicans winning Winston-Salem Durham High Point control of Congress in 1994. Bullock describes the process of packing minorities into certain districts as "bleaching" Charlotte adjacent districts and thereby making them more Republican (Bullock 1995). Petrocik and Desposato minimize the impact of redistricting, calling it a "friendly" redistricting for Democrats (although they admit many Democrats had lost many black constituents) that happened to coincide with a rising tide for Republicans and an aggressive push by Republican leadership to recruit quality challengers (Petrocik and Desposato 1998, 630). The creation of these districts provoked a backlash, and the complaints of some voters who claimed their rights were compromised by this aggressive redistricting went to the Supreme Court in Shaw v. Reno. The Court urged North Carolina to come up with a greater justification for the highly irregular districts. According to Justice White, the central holding of Shaw is "race-conscious redistricting that 'segregates' by drawing oddly shaped lines is qualitatively different from race-conscious redistricting that affects groups in some other way." (Pildes and Niemi 1994, 499). Pildes & Niemi note, "at a certain point, the use of race can amount to value reductionism that creates the social impression that one legitimate value has come to dominate all others." (Pildes and Niemi 1994, 501). Upon remand, the trial court found the North Carolina districts to be justified. The case, by then renamed Shaw v. Hunt, went back to the Supreme Court, which ruled the new 12th district unconstitutional. North Carolina then redid its districting again. There were still two majority-black districts, but they were much less supermajority black than had been the case in the districting for the 1992 election. Arguing that North Carolina's egregious 12th district of 1992 resulted from racial gerrymandering being an afterthought once incumbent protection had been attended to, Polsby & Popper state, "The construction of nonugly districts might have been easier if the districtmakers were not trying to do so many things at once." (Polsby and Popper 1993, 653). Georgia successfully redrew its districts, but Louisiana and North Carolina were each sent back to the drawing board with Winston Salem their revised majority-minority districts. '-xoton Stat..vilm. Thus, in the decade of the 1990s, each of those states had three very different sets of Kannapolis Charlotte districts, with North Carolina finally coming up with a plan for the 12th that was not only not extreme in its racial gerrymandering, but also no longer extreme in its deviation from the compactness ideal too (at least by 1990s standards in the Deep South). Scholars disagree about the impact of these majority-minority districts on partisan bias. There can be no question that the largely unfettered zeal of the 1992 round of redistricting produced severe biases against Democrats. However, scholars who focus on the post-Shaw rounds of redistricting naturally find less empirical support for the idea that the creation of majority-minority districts packs Democrats. It has often been noted that minorities can usually be used as a proxy for Democrats in redistricting due to the high affinity with particular minorities for the Democratic Party. "The higher the percentage minority, the greater the probability of electing a Democrat to office." (Handley, Grofman and Arden 1998, 13). Bullock notes that challenger quality is tied to racial redistricting. "Some whitened southern districts attracted more formidable Republicans than would have emerged had the racial proportions remained unchanged" (Bullock 1995). Lublin and Voss conceive as the 1994 election as having eliminated the moderate Democrats who previously dominated the South and replacing them with either very conservative Republicans or with black Democrats (Lublin and Voss 2003, 234). They attribute this change to redistricting after 1990 that packed Democrats and particularly blacks into majority-minority districts. Bullock argues that due to the unpopularity of President Bill Clinton among southern whites, Republicans would have gained seats anyway in the South, "but affirmative action gerrymandering greatly contributed to these advances" (Bullock 1995). Abramowitz and his co-authors make the point that the change in the number of safe and competitive districts over the past 30 years has not been due to redistricting and demonstrate that these numbers changed little between 1990 and 1992 and between 2000 and 2002, which is where the change should have been noted if redistricting (which comes into place before the year ending in 2) were the cause (Abramowitz, Alexander and Gunning, Don't Blame Redistricting for Uncompetitive Elections 2006, 88). Rather, they blame the eradication of marginal districts on the tendency of Americans to selfsegregate into homogenous areas. However, in another article published by the same authors that year, they attribute the net entire change in party standings in the U.S. House elections in 2004 to the gerrymander in Texas (Abramowitz, Alexander and Gunning, Incumbency, Redistricting, and the Decline of Competition in U.S. House Elections 2006, 75). Contrary to this view, Bullock argues that the results of the first two elections after a remap ought to be considered jointly, because "the full impact of redistricting is not usually felt in the first election" (Bullock 1995). Although the United States has many minority groups, discussion on redistricting questions (and other issues involving race) has often dealt with the country as if it were a binary black-white polity. However, as of 2010, this is changing rapidly. More and more places which formerly had a Hispanic community too small to be given parity with blacks on questions of redistricting now have a Hispanic community of considerable size; and in a growing number of places, blacks are no longer the largest minority group in numeric terms. The question of how to deal with competing minority groups is a tricky one. Some of the most contentious districts, particularly the "earmuffs" district in Illinois and the New York City district that jumps the East River twice, were created not to favor blacks but to engender a Hispanic-majority district in the context of the Hispanic community living in neighborhoods highly proximate to blacks. In both of the aforementioned cases, the unusual shape of the district comes from the challenge of creating a Hispanic-majority district without breaking up adjacent black-majority districts. In the case of Chicago, this posed a particularly difficult geometry problem. As of 2000, Chicago had two large majority-Hispanic communities, one on the North Side and one on the South Side, which were separated by a nearly all-black area. The black West Side of Chicago needed to be contiguous with largest black area of Chicago, on the South Side, in order that a black-majority congressional district could exist. This means the two Hispanic communities could not be connected either directly or by way of downtown Chicago. The solution was to extend the district encompassing the Hispanic neighborhoods westward via a spaghetti string at some points only one block wide, to the western county line. This resulted in the Hispanic district surrounding the western end of the black district and also gave the district its unusual shape which nearly everyone who comments on it likens to a pair of earmuffs. Luis Gutierrez won the district. The goal of electing a Hispanic to the House of Representatives was achieved, but this came at the cost of making everyone aware of how blatantly redistricting was used to make it happen. As a result of the mere existence of such a district, the legitimacy of redistricting for the entire House of Representatives is called into question. By no means is race the only factor causing extreme compromises of compactness to happen in Illinois. The eight Downstate districts (11-12, 14-19) are all very noncompact, as is discussed in the chapter on compactness and voter knowledge. Race is a fairly small consideration in Downstate congressional redistricting since there is no opportunity to create a majority-minority district there. Rather, these compromises of compactness are caused by political gerrymandering, informed somewhat by the likelihood of minorities to also be Democrats. At the same time, racial segregation combined with a compactness standard serves to guarantee the existence of at least one majority-minority district, if the minority population is large enough (Barabas and Jerit 2004, 424). This is harmonious with a simulation of ward districting in Mobile, Alabama, which found that the most compact district solution was very similar to a scenario that assured one majority-black district out of three. In this instance, the majority-black district (90 percent black) was identical in the two scenarios (O'Loughlin and Taylor 1982, 329). Race is in many ways the national obsession in the United States, much the way language is in Canada and questions of national identity are in some European countries. Race is so important to redistricting that the very first census data made available are population breakdowns by racial categories. This is known as PL 94-171 data, after the law passed in 1974 that had no small role in putting race near the front of redistricting discussions. At the same time as race is at the forefront of redistricting, in some ways, questions about race are put off limits in redistricting discussions. Because the Voting Rights Act prohibits redistricting aimed at curtailing the electoral success of minorities, and because many states (covered by section 5 of the Voting Rights Act) are subject to having their redistricting plans (and other electoral measures) pre-cleared by the U.S. Department of Justice, discussion about race in redistricting is about how minorities can be advantaged through redistricting. In many places there are "minority-opportunity" districts. These typically have a large share of minority voters concentrated in them so that a minority candidate can have a chance of being elected. Supposedly, a minority group would fare better at electing a member if all members of the group were placed in a single district than if they were divided among multiple districts. If this were done in a partisan sense, it would probably be called packing, but minorities, by definition, constitute a minority in the country and special efforts are often taken to help them boost their chances of succeeding in the electoral sphere. In some states, this creation of minority-opportunity seats has gone further and has resulted in the creation of majorityminority districts. Obviously, some minority-opportunity districts will naturally be majority-minority districts in places where there is a large population of a single minority, such as Chicago or Los Angeles. Majority-minority districts have existed in some of the larger cities since the early 20th century. Controversially, in the 1990s, some states began creating majority-minority districts that reached across large distances in the state to take in widely separated minority communities in different metropolitan areas of the state. One of the main debates over majority-minority districting is whether the race of the representative makes a difference. Cameron et al speak of increasing the presence of blacks in Congress as descriptive representation, while enacting legislation of benefit to minorities is substantive representation (Cameron, Epstein and O'Halloran 1996, 794). Bullock argues that the process taking place in the South is bad for blacks. "The replacement of moderate white Democrats with conservative Republicans, even with the addition of a few African American legislative seats, bodes ill for the ability of African American legislators to find the allies they need to achieve their policy goals." (Bullock 1995). Anecdotal evidence has been mixed on the question, and this is not a recent phenomenon. Jewell reported that two black legislators in Ohio did not believe that redistricting benefited the black population. One thought his legislative effectiveness was diminished "because he was perceived as a representative of a single district and a single interest rather than as a representative of the whole county." (Jewell 1969, 17). Another black Indiana legislator interviewed by Jewell thought that districting hindered his ability to represent black interests effectively (Jewell 1969, 17). This very debate about the merits of whether minority representatives should only try to represent their own group has reached the level of the Supreme Court. As Justice O'Connor put it in her majority opinion in Shaw, "When a district obviously is created solely to effectuate the perceived common interests of one racial group, elected officials are more likely to believe that their primary obligation is to represent only the members of that group, rather than their constituency as a whole." (Shaw v. Reno, 1993, 509 US 630, 648). Pildes & Niemi argue that the primary reason for the odd shape of North Carolina 12 (the controversial 1-85 district of the 1990s) is not race but rather partisan political considerations. They argue that once the justice department ordered a second majorityminority district in the state, the legislature could have created a compact black-majority district. That they chose to craft a bizarre district was an exercise of their political judgment (Pildes and Niemi 1994, 517). They further argue that VRA gives politicians a false excuse to use to justify extremes in redistricting, or "Machiavellian lengths to protect their seats and pursue their partisan agendas," which Pildes & Niemi characterize as "self-interest masquerading as race consciousness." (Pildes and Niemi 1994, 518). However, in the same article, they claim that black-dominated districts are apt to exist solely to enhance the representation of minorities (Pildes and Niemi 1994, 526). Lublin argues that rather than majority-minority districts, blacks would fare better with minority-opportunity districts where they would constitute the swing vote rather than be packed into a single district (Lublin 1997, 121). Cameron, Epstein & O'Halloran argue that the creation of majority-minority districts "dilute[s} minority representation in surrounding areas which may then elect representatives unsympathetic to minority concerns." (Cameron, Epstein and O'Halloran 1996, 794). They posit that a trade-off between substantive and descriptive representation is necessary and conclude that majority-minority districts do not necessarily maximize legislative outcomes benefitting minorities. (Cameron, Epstein and O'Halloran 1996, 808). They advise that in the South, blacks would do best if districts were created with "slightly less than a majority of black voters." (Cameron, Epstein and O'Halloran 1996, 809). They also accuse the courts and justice department for using a rule of thumb for majority-minority districts - 65 percent - that has the effect of diluting minority strength. (Cameron, Epstein and O'Halloran 1996, 809-810). In the non-southern states, they advocate "distributing black voters equally among all districts." (Cameron, Epstein and O'Halloran 1996, 809). Bullock points out, "the impact of redistricting is apparent when the number of black voters removed from a district exceeds the GOP victory margin. ... All districts held by Democrats in 1991 in which redistricting reduced the black percentage by more than 10 points" fell to Republicans in either 1992 or 1994 (Bullock 1995). According to Cain et al, "Political geography and the [Voting Rights Act] give the Democrats a big edge in safe seats over the Republicans. No plan, no matter who draws it, can change that." (Cain, MacDonald and Hui 2006, 4). Obviously they are correct about the Democratic edge in safe seats, but what about the much more important question of who has the edge in total seats, or at least marginal seats? Using the Brookes analysis produces some interesting results in looking at the impact of majority-minority districts. For purposes of analysis, these states are classified as having created majority-minority districts in the 1990s: Florida, Georgia, Illinois, Louisiana, Maryland, North Carolina, New York, and Texas. An analysis for the decade following the 1992 redistricting that incorporated the entire country proved inconclusive. Results from some of the majority-minority states in which racial packing was confined to small areas of the state (e.g., New York, Florida, Illinois) tended to water the results for the majority-minority states. A more thorough analysis would break down these states into areas with majority-minority districts and areas without (e.g., disaggregate the New York metropolitan area from Upstate; disaggregate the Chicago area from Downstate). A more concentrated study was made by considering only three medium- sized states that had engaged most aggressively in racial packing in the 1990s: Georgia, Louisiana, and North Carolina. Even though these states created only two or three racially packed districts each, these districts had impacts over most of the congressional districts of these states. Whereas the drawing of the earmuffs district had little impact outside the Chicago city limits (indeed, it appeared to make no difference at all even in the suburban district it bordered on its shoestring portion), the creation of the gerrymandered 4th district in Louisiana had an impact on all of the districts outside the New Orleans area. The Brookes method lets us look at the partisan impact of majorityminority districts in the states where we would expect them to have the greatest impact. Although this can be construed as a biased way of looking at majority-minority districts, it can also be seen as putting these three states under the magnifying glass. For each of the five elections beginning with 1992, the magnitude of the bias on a per-district basis is greater in the three states considered than in the non-majorityminority states (that is, the states not listed above as using majority-majority districts from 1992 through 2000). The magnitude of the bias is also greater on a per-district basis in the sum of the three states than in the other states that used majority-minority districts in the period. In the decade, the three states of Georgia, Louisiana, and North Carolina had a combined 30 House seats. For 1992, the combined bias in the three states was 8.06 seats in favor of the Democrats. For the middle group of states (majorityminority districts other than the three considered separately), which had a total of 112 seats, the total bias was 20.59 seats in favor of Democrats. The rest of the states had a total of 293 seats and had a total bias of 53.98 seats toward Democrats. Expressed on a per-seat basis, this means bias in the three states was +0.26 per seat, in the middle group was +0.18 per seat, and in the rest was +0.18 per seat. This means bias in the three states was 1.46 times what it was in the non-majority-minority states and also 1.46 times what it was in the other majority-minority states. In 1994, with the Republican capture of Congress, total bias in the three states turned against Democrats, with a total bias of 6.04 in favor of Republicans, or -0.2 per seat. Meanwhile, the other majority-minority states turned in total bias of 6.81 seats in favor of Democrats, or +0.06 per seat. The rest of the states had a total bias of 24.69 seats against the Democrats, or -0.08 per seat. The ratio of the three states to the nonmajority-minority states is 2.39. The ratio of the three states to the other majorityminority seats (in terms of absolute value of magnitude only, since the signs are different) is 3.31. The patterns are similar in the final three elections of the decade. In each case, the bias against the Democrats on a per-seat basis is higher in the three states than in the states that weren't using packing tactics to create majority-minority districts. For all years except 1992, a huge portion of the total bias in the country against Democrats in House elections comes from just these three states. In absolute value, the bias against Democrats in the three states was at least a fifth of a seat each and was an average of 0.28 for the four years. The average absolute value also remains 0.28 if 1992 is included. From this limited Brookes analysis focusing on the three states most associated with using racial packing to create majority-minority districts in the 1990s, the conclusion is that the level of racial packing conducted in the three states led to electoral bias against Democrats. This continued to be true even after the states were forced to moderate their racial gerrymandering by the Supreme Court and lower courts over the course of the decade. Brookes analysis of Congressional voting in opposed races, by MM type x y b f P Q R S C D U V G CsV A TPV 1992 MM 1992 MID 1992 NON 1994 MM 1994 MID 1994 NON 1996 MM 1996 MID 1996 NON 1998 MM 1998 MID 1998 NON 2000 MM 2000 MID 2000 NON 57 139 10 57 144 10 59 143 19 66 173 12 59 134 11 148 53 20 148 55 20 152 55 19 158 52 18 119 46 11 19 66 173 12 60 134 11 57 140 10 57 144 10 59 144 11 46 120 18 52 159 19 55 153 20 55 149 20 53 149 190826 197391 219679 113279 142609 166276 195362 167017 200880 159619 130541 163861 216346 176624 213840 231292 229752 230477 148650 171705 176893 198396 208161 218035 168460 159601 174008 216360 236660 233013 425348 422612 428548 426017 420894 426380 423868 417532 425361 425633 420882 427312 426196 422612 427312 432857 433037 420552 430446 432527 419873 427827 430981 419182 426615 430981 419761 426615 429744 419065 230068 228989 198203 304253 282752 258152 225520 260295 219707 262993 296771 266811 206266 251924 13669 201565 203285 183619 281796 260822 242223 229431 222820 196228 258155 271380 248387 210255 193084 17262 2011 16084 9588 3 7367 3802 4111 5851 5157 3632 11696 4585 8025 8618 10171 627 12031 9851 0 8886 4530 5031 10083 7225 2153 7908 6195 9833 12840 11008 5.171601 0.41888 2.421384 0.050075 11.58118 0.866398 7.564621 0.57494 45.99821 -10.2379 -2.38829 -1.15143 0.458373 0.935051 8.250929 3.742168 9.449877 -0.12053 0.000108 -0.18411 -10.4077 0.478746 11.91956 -0.55369 -25.0406 -2.43026 13.71844 -0.76352 -10.8163 -9.31108 -13.8119 0.141636 0.478746 -1.93688 0.672384 10.82471 13.37241 0.053609 0.517035 -0.59044 -10.001 -10.4911 0.141636 0.156057 -0.14022 16.33088 -0.06216 -0.56122 0 0 1 Total Per seat 8.06194 0.268731 20.58714 0.183814 53.97717 0.184222 Ratio 1.458733 2.387852 5.402845 49.40146 4.516354 Abs ratio 1.461976 3.308477 20.86332 14.801 6.912001 TPW x NUM SEATS WON BY PARTY A y NUM SEATS WON BY PARTY B b NUM OF SEATS WHERE A LEADS B 0 -34.0975 -8.23165 -1.99499 0.246043 10.67386 -0.01433 -0.27465 -0.03019 -1 1 0 0 0 -6.03726 6.812534 -0.20124 0.060826 -24.6933 -0.08428 -8.03013 -0.26767 1.436931 0.01283 -14.516 -0.04954 f NUM OF SEATS WHERE B LEADS A P AVG NO OF MPVOTES WHERE A LEADS B Q AVG NO OF MPVOTES WHERE B LEADS A R AVG REG ELEC IN SEATS WHERE A>B S AVG REG ELEC IN SEATS WHERE B>A C AVG NO OF ABSTENTIONS WHERE A>B D AVG NO OF ABSTENTIONS WHERE B>A U AVG NO MINOR PARTY VOTES WHERE A>B V AVG NO MINOR PARTY VOTES WHERE B>A 0 1 -9.94866 2.509402 -0.33162 0.022405 0 -1.96685 -0.00671 0 -17.6041 -2.41017 -1.3847 -0.35964 0 0 -10.0617 5.43457 -0.33539 0.048523 -21.7586 -0.07426 Chapter 5 - The Brookes Method and the use of independent redistricting bodies Politicians, if left to their own devices, do not act benignly in the public's interest. (Ansolabehere and Snyder 2008, 271). Redistricters ought to go for as much partisan advantage as they can (while staying within federal guidelines, if applicable) because courts are apt to use compromises in formulating a plan anyway. (Babcock 1998, 121-22). Introduction Redistricting has been a mandatory part of the political process in the United States since a series of court decisions beginning with Baker v. Carr(1962) holding that reapportionment meant not only allocation of the seats among the states, as specified in the Constitution, but also equal districting within the states. This has come to mean that every unit in the United States that uses districts has fallen under a higher degree of scrutiny than was previously the case. From the Progressive Era of the early 20th century until the Baker era, there was little redistricting at all; some states had used the same political maps since the 19th century. Most states made no changes to their Congressional districts in the 1920s and then got out of whatever redistricting habit they had. (The same pattern holds in most state legislative redistricting as well.) Only a few states performed redistricting decennially, as has now become standard, and even compulsory. Political science has disagreed on the political salience of redistricting, with a large body of literature holding that redistricting is largely irrelevant to political outcomes. (Bicker 1971, Bullock 1975,-Ferejohn 1977, O'Rourke 1980, Saffel 1982). Other scholars have found that redistricting holds important effects. (Mayhew 1971, Cain 1985). The first sessions of redistricting after Baker were contentious. The implementation of Baker in the 1960s was done as a matter of urgency; most of this was reflected in districts used for the 1966 election, although a few states redrew their districts in time for the 1964 election. Redistricting for 1972 was also contentious given the air of upheaval prevailing in the national spirit at the time, and redistricting for 1982 represented a large shift of Congressional voting power from the Snowbelt to the Sunbelt. Almost from the time of the post-Baker redistricting, a sense was felt in certain quarters that politicians ought not be drawing their own district boundaries, and that the matter should be instead left to a disinterested (if not truly non-partisan) panel. In the 1970s, several states set up independent redistricting commissions, and a movement to establish them was put forward in many others. In the 1980s, other states joined the movement. Although it never spread in the manner of wildfire, by the 1990s, nine states - Arizona, Connecticut, Hawaii, Idaho, Indiana, Iowa, Montana, New Jersey, and Washington - had implemented some form of taking boundary making decisions out of the hands of elected politicians and making an independent body responsible for line drawing. (In the case of Iowa, the responsibility devolved to a committee of bureaucrats, which, although technically subservient to the legislature, had achieved practical control over the state's Congressional district boundaries.) Montana was reduced to a single Congressional district for the 1992 election, and so it is excluded from this analysis. Karch et al found that the imperative to establish independent redistricting bodies typically came from the good-government movement and was often dependent on their ability to launch initiatives, bypassing the legislature. In other states, voter desire for a commission was fueled by the excesses of partisanship in redistricting. (Karch, McConnaughy and Theriault 2007). Some scholars dredge up dark images of redistricting: "Changing only the lines on a map and not a single vote, the People's voice can be dramatically altered. Those who draw those lines can become master ventriloquists of the People's voice." (Polsby and Popper 1991, 351). The case for independent redistricting bodies usually centers on the inadvisability of elected politicians drawing their own districts. Kang alleges, "the political motivations of self-interested elected officials, those in charge of redistricting, are the problem. ... Self-dealing incumbents can and do substitute their political interests as the overriding priority for redistricting in place of any broader sense of the public good" (Kang 2006, 682-683). The public is aware of the propensity for redistricting mischief. Ansolabehere and Snyder state it bleakly: "redistricting is widely viewed not as a corrective but as a malignancy of American politics." (Ansolabehere and Snyder 2008, 265). Polsby & Popper allege, "Gerrymandering violates the American constitutional tradition by conceding to legislatures a power of self-selection." (Polsby and Popper 1991, 304). This attitude was present at the start of the reapportionment revolution. "Whenever the drawing up of the boundaries is left even slightly to the discretion of an interested body, considerable latitude is left for the exercise of the art." (Vickrey 1961, 105). In what was surely one of the most erroneous statements of the decade, Vickrey speculated about the response to his proposed solution to gerrymandering: "Politicians are going to be reluctant in most cases to desist from discreet gerrymandering, but it is just barely possible that presentation of a scheme [to produce more equitable districts] would develop sufficient support for its inherent fairness to overcome this reluctance." (Vickrey 1961, 108-109). We can safely say that not only did politicians not desist "discreet gerrymandering," but they took off onto frolics of the most egregious and blatant kinds of gerrymandering the world has ever known. Stem makes this observation about the practice of gerrymandering: "The goal of gerrymandering is to create a districting plan that facilitates the retention of seats by incumbents or allows the political group in power to enlarge the number of seats it holds." (Stem 1974, 404). He notes that incumbent-protection gerrymanders are the kind most likely to occur when the redistricting process is not controlled by a single party or faction (Stem 1974, 404). "In almost every case ... gerrymandering creates safe districts. This tactic diminishes effective representation by decreasing the number of politically competitive districts and by reducing the effectiveness of the franchise through a reduction in the number of voters whose vote can affect the outcome." (Stem 1974, 405). The question addressed here is whether these independent boundary commissions do redistricting differently from the politicians that proponents of commissions argue are supposedly too close to the process to make such decisions in a neutral and effective manner. Researchers have commented that non-legislative actors in redistricting are given to avoid partisan political considerations and be more concerned with more neutral principles including contiguity, compactness, and the ability of representatives to be responsive to a district (Carson and Crespin 2004, 457). Morrill argues, "a non-partisan commission is not and really cannot be politically neutral in effect, and in the attempt to be 'mathematical' may well produce results which ignore the needs and interests of people." (Morrill 1982, 367). McDonald argues that there are partisan and bipartisan commissions and that partisan commissions act in predictable partisan ways, while bipartisan commissions broker compromises in redistricting (McDonald 2004). The partisanship chapter demonstrated that the Brookes method can be used to show that not only is redistricting not irrelevant to electoral outcomes, but that redistricting affects different forms of electoral bias in sometimes contradictory ways. This chapter will use the same method to show the different impacts that commissions have on electoral bias and district compactness in redistricting vis-i-vis state legislatures. Data analysis This analysis looks at each House race in 1996, 2000, and 2004 from states with more than one House member (excluding thereby Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming) in which there was at least a Democrat and a Republican on the ballot. For 1996, 25 contests are excluded. For 2000, the number of excluded contests rises to 67. For 2004, 70 contests are excluded. The higher number of excluded cases reflects a conscious decision by both the Democratic and Republican parties to no longer bother with losing House races in an expanded number of states, including Massachusetts, California, Illinois, and North Carolina. In 1996, only five of the 18 contests excluded because of underopposition were outside the South, but by 2000 this figure had risen to 21 (of 60, meaning that underopposition had risen in the South too). An examination that focuses on the impact of redistricting on electoral bias is most salient in the CSV category. The elimination of disparities in population between districts is the main objective of redistricting. Indeed, when judges have been the ones to implement redistricting, they have been known to draw districts as equal in population as 2-20 people to avoid any charge that they did not fix disparities. However, the Brookes method as it is applied here looks at disparities not in population but in registered voters. This emulates the function of proportional representation of equalizing actual voters rather than population. Even so, one would expect the CSV bias to be smallest in redistricting years, when the districts newly reflect the population as it was 2 1/2 years earlier; and higher in the last year of a district map, when the census that created the lines is more than 10 1/2 years old. (Jacobson & Kernell note that one confounding factor in redistricting years is that when plans are late in being assembled, challengers are more disadvantaged than incumbents because of the shortened window for parties and challengers to decide where to focus their efforts (Jacobson and Kernell 1983, 101)). The Brookes analysis of commission vs. legislative redistricting of Congressional districts is a curious one. One would approach the question expecting that commissions would foment less bias than legislatures in creating districts (being supposedly disinterested persons) but the result is that on a per-district basis, commission-carved districts created more bias than legislative-created districts in all three of the years under review, and commission districts also created more bias on a raw numbers basis in two of the three elections. This is a truly curious finding, because the N of non-commission districts is a factor of 6-7 of commission districts in these three years. In 1996, the sum of 53 commission districts was a bias of -5.492 against the Democrats, while the sum of 357 non-commission districts was a bias of -1.664 against the Democrats. In 2000, 52 commission districts produced an aggregate of -3.09 seats against the Democrats, and 316 non-commission districts produced an aggregate of 1.633 seats against the Democrats. In 2004, 48 commission districts summed to a bias of -3.015 against the Democrats, and 317 non-commission districts produced a total of - 8.233 seats against the Democrats. Some of these non-commission biases are a negligible number of seats. The biases in 1996 and 2000 amount to only 0.5 percent of non-commission seats, while the aggregate bias from commission seats in those years were 10.4 and 5.9 percent, respectively. In 2004, while the raw magnitude of the bias was higher for non-commission seats, expressed as a percentage, it is still considerably less, accounting for 2.6 percent of non-commission seats as opposed to the bias from commission seats that year of 6.3 percent. Part of the answer may be deduced from looking at the breakdowns by bias component. As is typical for Brookes analyses of the U.S. House of Representatives, the G bias is large in favor of the party that won control of the House in the election (the Republicans, in each of these cases), while the CSV bias is large in favor of the Democrats. This pattern is preserved in each of these three elections for the legislativecreated seats. For the commission seats, however, the G bias in each of these three elections maintains its pattern of going in the direction of the (Republican) winner of the elections, but the CSV bias is not as strong to help the Democrats compensate. This suggests the possibility that commissions are doing something to mitigate CSV bias; for example, perhaps they are not packing inner city Democrats as aggressively as their legislative counterparts do. The small number of states having commissions removes a great deal of energy from this assertion; it happens that the states with commissions tend to be more suburban dominated (e.g., Arizona, Connecticut, New Jersey) and the states with inner cities large enough to have districts to themselves (e.g., New York, California, Illinois) are still using legislative redistricting. The notion that commissions reduce CSV bias is worth further study, insofar as was noted in the partisanship chapter that CSV bias is less easily mitigated than G bias. The late redistricting scholar Robert G. Dixon recommended a particular use of the commission method of districting. He recommended instituting a bipartisan commission model with a tie-breaker device because it "allows combining the population equality principle with political realities and a better informed public scrutiny." (Dixon 1982, 10). He argued that the role of the commission should be to produce fair or same treatment of all parties, or "neutrality in this special sense." As he put it, "The vice to be avoided is differential advantage, one party over another, in the cause of manufacturing a congressional delegation majority out of a reasonably predictable statewide minority of the popular vote." (Dixon 1982, 11). However, his prescription for type of commission might have been too specific for it to have any traction since he commented, "a straitjacketed commission may be worse than no commission at all." (Dixon 1982, 18). Commissions and Compactness Compactness is described in detail in the subsequent chapter. Relating compactness to the theme of the work of independent electoral boundary commissions, the average Hill ratio of seven states using commissions as of 2006 is 1.793. (Hawaii is excluded from this, because its archipelagic nature makes any measure of compactness useless.) The average of states having more than one district and not using commissions is 2.027. This suggests that commissions are more cautious about creating non-compact districts than are legislatures. However, a note of caution can be added by analyzing the same groups of states from 1960, before the reapportionment revolution. The seven states currently using commissions had an average Hill ratio of 1.427 while the rest of the states had an average of 1.56 1. This can be viewed one of two ways (at least). One is that these states have a history of fashioning districts more compact than average; the other is that the commissions have exerted a moderating effect in these states. (Looked at mathematically, the commission states are 26 percent less compact than in 1960, whereas the non-commission states are 30 percent less compact, which does not constitute a severe moderating effect.) In any case, the fact stands naked that in this age of extremes in redistricting, commissions are producing more compact electoral districts than state legislatures. Conclusion If the key finding of the earlier chapter that G bias goes to the winner whereas CSV bias is persistently in favor of the Democrats is correct, then it appears that something is happening in commission states that reduces the natural advantage that Democrats have from CSV while at the same time allowing the kind of large G bias that has traditionally favored the winner of the election. Part of the answer could lie in the approach that commissions take to their work. If they are, in fact, acting "disinterested," they may be unwittingly be bending over backward to accommodate political parties that do not deserve as large a share as the commission is handing them. To contrast a recent example, for 2002, the California legislature created 53 safe seats, 35 for Democrats and 18 for Republicans. This was the best deal Republicans could get under the political situation at that time in California. Presumably an independent commission charged with the same task would swing closer to a 50-50 distribution of safe seats. By doing so, the mere existence of the commission would fundamentally alter the distribution of political spoils within the state, of which the partisan bias of a Congressional seat is certainly one. Commissions are also creating more compact districts than legislatures are. This is no doubt another manifestation of them being or wanting to appear to be disinterested. By being less willing to fashion non-compact districts (which might seem to be a political perquisite), they are producing districts that are more likely to meet judicial standards of objective measures of this particular district ideal. The movement toward independent redistricting commissions seems to have stalled. That makes this a good time in history to take a closer look at the partisan impact commissions are having. The cursory examination of three recent elections herein seems to suggest that commissions do not reduce electoral bias vis-A-vis the electoral bias that the legislatures they replace in the redistricting process would themselves create. Chapter 6 - Redistricting and compactness in the United States and Canada Introduction Compactness is the degree to which the spatial area of an object is related to its center. Compactness is a criterion frequently considered by courts, perhaps because of its simplicity: Any layperson can appreciate that a square or circle is more compact than an elongated or sinuous shape. Ideals of compactness can be tied to the ideal of proportional representation, which is the benchmark used in the Brookes method. "By purely mechanical operation," Polsby & Popper demonstrate, "a compactness requirement tends to inhibit gerrymandering. By inhibiting gerrymandering, in turn, one abets proportional representation, not by fiat, but by empirical tendency." Schwartzberg alleges that the heart of compactness is nothing other than a plain and simple notion of fairness (Schwartzberg 1966, 444). He notes that a legislative committee early in the reapportionment revolution defined compactness as the absence of any attempt: 1. To divide (a territorial unit) into election districts in an unnatural and unfair way with the purpose of giving one political party an electoral majority in a large number of districts while concentrating the voting strength of the opposition in as few districts as possible. 2. To divide (an area) into political units in an unnatural and unfair way with the purpose of giving special advantages to one group. (U.S. House of Representatives 1965, 2). This corresponds closely to what most people mean by gerrymandering,but it bears no relationship to the mathematical measures for compactness that scientists have devised in the past 200 years. At the beginning of the reapportionment revolution, Hacker defined gerrymandering as "the art of political cartography." (Hacker 1964, 54). But this is obviously an inadequate definition. Backstrom, Robins & Eller state that gerrymandering has come to be known as "the excessive manipulation of the shape of legislative districts." (Backstrom, Robins and Eller 1978, 1122). Like a lot of questions in the area of redistricting, there is no consensus as to what constitutes excessive manipulation. Much has centered on the idea of compactness, but even this much is not clearly agreed upon by scholars and certainly not by activists in the field of redistricting. According to Polsby & Popper, "The diagnostic mark of the gerrymander is the non-compact district." (Polsby and Popper 1991, 302). Pildes & Niemi view the Shaw court as maintaining, "oddly shaped race-conscious districts compromise the values of political integrity and legitimacy." (Pildes and Niemi 1994, 502). On the eve of the reapportionment revolution, Reock advised that a notion of compactness is central to equal districting. "Without some requirement of compactness, the boundaries of a district may twist and wind their way across the map in fantastic fashion in order to absorb scattered pockets of partisan support." (Reock 1961, 71). Compactness is centrally about shape. As Taylor wrote fairly early in the reapportionment revolution, "Politicians, political commentators, and political scientists have become fascinated by the shapes of electoral districts." (Taylor 1973, 947). Baker makes the point that ideals in compactness will never be ideal for everyone: "A district pattern of symmetrical squares, although conceivable, well can operate to submerge a significant element of the electorate," although he doesn't say how voters are submerged by square districts. "Furthermore, a benign gerrymander," he continues, "in the sense of some asymmetrical districts, may well be required to assure representation of submerged elements within a larger area. Shape requirements focus on form rather than the substance of effective political representation." (Dixon 1982, 16) Dixon is correct about this last point, of which there can be no doubt, but this is attributable in great part to the fact that focusing on form can be made wholly objective while focusing on substance requires at least some subjectivity and most likely a great deal of subjectivity. The role of compactness as a criterion for fairness has been debated since the start of the reapportionment revolution. According to Sickels, "Dragons, bacon strips, dumbbells, and other strained shapes are not always reliable signs that partisan (or racial or ethnic or factional) interests are being served, while the most regularly drawn district may turn out to have been skillfully constructed with an intent to aid one party." (Sickels 1966) However, Morrill takes a nearly opposite view, arguing, "except in isolated instances, it is quite difficult to gerrymander compactly." (Morrill 1981, 21). As Polsby & Popper put it, "An ugly map implies that a human ambition of some kind, with politically strategic ulterior motives, has been hard at work." (Polsby and Popper 1993, 652). Grofman argues, "violations of natural communites of interest, ill-compact shapes, or excessive crossings of local jurisdictional boundaries can be seen as prima facie indicators of gerrymandering." (Grofman, Toward a Coherent Theory of Gerrymandering: Bandemer and Thornburg 1990, 40) In an earlier article, Grofman posited 12 markers of gerrymandering, of which the aforementioned constitute three. (Grofman 1985, 117-18). Morrill defines nine characteristics of "poor quality districting," of which eight constitute gerrymandering (Morrill 1990, 213). However, Dixon argues against the promulgation of a lengthy set of criteria for redistricting: "Districting method is more important than districting standards." (Dixon 1982, 18). Dixon alleges that population exactness and preserving municipal boundaries are at loggerheads: "The extent to which population subdivision boundaries may be honored is ... an inverse corollary of the degree of population stringency required." (Dixon 1982, 17). However, Backstrom, Robins & Eller agree with the minority viewpoint of Justices Powell and Stevens in Bandemer that excessive division of local boundaries is evidence of gerrymandering, stating, "the needless splitting of subdivision lines is usually done to achieve partisan advantage." (Backstrom, Robins and Eller 1990, 153). Baker predicted in 1990 - with fairly good prescience - "dramatically contorted districts will likely be prominent in most gerrymandering suits." (Baker, The 'Totality of Circumstances' Approach 1990, 205). According to Morrill, "Compactness is not an end in itself, but rather an operational aid in avoiding discriminatory gerrymandering against parties or territories. Compactness is inherently preferable to irregularity, simply because compact territories tend to have easier communication and greater internal cohesion .... It is easier for the representatives and the represented to develop a mutual identity with the district." (Morrill 1990, 214). Reock declines to prescribe a standard for compactness, insofar as some districts must inevitably lack compactness due to the existence of panhandles, indented coastlines, and islands (Reock 1961, 73-74). Even so, he says that these exceptions should be rare rather than common, and "the mathematical degree of compactness may be used to test the reasonableness of any districting act." He says that districts falling in the bottom quarter by his measure (which involves circumscribing a circle around the district) bear close examination and those rating least compact of all "should be considered suspect until proven valid." (Reock 1961, 74). According to Stern, a compactness standard is "no more likely to result in reduced effectiveness of representation than any other objective standard for drawing district lines. Such a standard is more administratively workable than the alternatives and also promotes competitive elections by facilitating transportation and media access within the district." (Stem 1974, 415). Compactness is also an element in VRA litigation, because one of the prongs of liability requires proof that a reasonably compact minority district could have been created. (Pildes and Niemi 1994, 528). The earliest known measure of compactness was proposed in 1822 by German geographer Karl Ritter for evaluating the shape of grains of sand. German mathematician Christian Heinrich von Nagel posited a measure of compactness using only the perimeter and area of the objects as inputs. This has been adopted by scholars in such diverse fields as geography, mineral engineering, and psychology. Cox wrote one of the earliest treatments of the problem in English. (E. Cox 1927). Schwartzberg introduced Nagel's index of compactness to political science by proposing that it be used for purposes of evaluating electoral districts. He stated that the value of a compactness measure is to "restrict the latitude for manipulation of district boundaries toward [gerrymandering] and reduce the number and magnitude of abuses." (Schwartzberg 1966, 448). Polsby & Popper colorfully praised this measure by noting, "The Schwartzberg criterion measures a gerrymanderer's self-indulgence as surely as a breathalyser measures a drunkard's." (Polsby and Popper 1991, 349). Scholars have often debated the merits of various measures of compactness. Other methods of determining compactness that have been developed include the ratio of the area to the area of the smallest circumscribing circle (Ehrenberg 1892); the ratio of the area to the largest inscribing circle; the diameter of the largest inscribing circle divided by the diameter of the smallest circumscribing circle (Haggett, Cliff and Frey 1966); the diameter of a circle of equal area divided by the diameter of the circumscribing circle (Schumm 1956); the area of intersection of the object and circle of equal area divided by the area of union of the object and a circle of equal area (Lee and Sallee 1970); the ratio of the longest axis to the shortest axis; the variance in the length of radials extending outward from the object's center (Boyce and Clark 1964); the dispersion of unit of area around the center (Blair and Biss 1967). None commands a consensus of users. Some measures which take into account only the widest points of a district fail to account for variation in the intervening points. Such a measure is demonstrated in Figure 1, where the measure is based on the longest line that can be constructed inside the district, line AB. Line XY is the longest line that can be formed perpendicular to AB. However, this measure does not take into account the line forms other than those; the lines forming the perimeter of the district may be as straight as AY or they may be indented and meandering, so long as they don't affect the two lines constructed or allow them to be exceeded in magnitude. A Y Figure I Source of Figures 1-3: Polsby & Popper Another group of measures construct a box around the district and then analyze the district with regard to the size of the box. However, Figure 2 shows three hypothetical shapes that would all be evaluated the same using the boxlike method, because they fit the same box. Obviously, these three hypothetical examples are not equally compact. Therefore, the boxlike measure is not a workable one. Figure 2 Another group of measures operates by circumscribing a circle around the district and then inscribing another circle inside the district such that it crosses no line of the district's perimeter. The ratio of these two circles is examined. If the ratio is the same (i.e., the district is a circle), the ratio is 1:1. As the district becomes less circular, the ratio increases. The circle method would properly detect the non-compactness of the three hypothetical districts of Figure 2. Since the districts fit the same box, they would also fit the same circle. But the circle inscribed within them would be tiny compared to the circumscribing circle, and the district would be revealed to be non-compact. The challenge for the circle method is shown in Figure 3. These three districts are very compact except for the projection extending upward from them. Although the projections are equal in size and thus in their actual impact on the compactness of the district, the differing angles of the projection impact the size of the circumscribing circle. The circumscribing circle measure is thus impacted disproportionately by this minor deviation from compactness. Obviously, then, it misses something when it comes to evaluating the compactness of an electoral district. Figure 3 Perimeter and area measures thus emerge as the most sensitive measure of compactness. A measure which takes into account the total perimeter of the district and the total area of the district is affected by everything that affects the shape of the district. The perimeter-area method also has the advantage of being easily computable using only the perimeter and area of the district, two things which in the 21st century are easily generated from mapping software as soon as the district is proposed or created. Thus, the perimeter-area method is not only the most efficacious, it is the most easily computed. Most perimeter-area measures compare the district to a circle. These perimeterarea ratios were not necessarily devised with political science objectives in mind; most were devised for use in the natural sciences, for evaluating the shapes of rocks and grains of sand or insect bodies. Circle-based measures have the disadvantage of finding no analogue in the real world of electoral districts. There are no districts based on circles (although it is a useful measure for rocks and grains of sand and the shapes of lakes), and it would be impossible to create a set of circular districts, because having one circular district would necessarily mean that the ones adjacent to it could not be circular. This chapter proposes using the square as the ideal for district compactness, because while no real-world districts are shaped like circles, some are nearly squares. Using the circle as an ideal means that no district will ever attain a perfect score, but with the square as a measure, some districts come very close. It is much more useful to know how square a district is as opposed to how round it is. For example, the nearly perfect square of the 5th congressional district of Texas from 1932 into the 1960s gets a Cox ratio of 0.783; an Attneave and Arnoult ratio of 0.466; and a Nagel ratio of 1.13 (these are all circle-based measures). None of these measures immediately communicates to the user that this is a square district. The formula for the Hill Ratio is P/4 A perfectly square district would have a Hill Ratio of 1, and as districts became less compact, their ratios increase proportionately. The Texas district mentioned above has a Hill Ratio of 1.001, which does more to tell the user it is almost a square than ratios of 0.466, 1.13 or 0.783 do. Other examples of Hill Ratios are shown in the appendix. Another method conceived of for measuring entire districting plans, rather than individual districts, is the total perimeter length in the plan. Obviously, as districts become more complicated in their shape, the total length of perimeter increases. This method has the obvious disadvantage that it can only be used for evaluating plans in their totality and not of evaluating individual districts. Also, it is disproportionately affected by line lengths in large districts; a plan might be rated less compact because one or two rural districts make use of a complicated boundary whereas a plan that is really less compact makes a straight line between those rural districts while many irregularities are constructed using the much shorter lines separating urban districts. The area-perimeter method overcomes weaknesses in the other methods. For example, those based on the ratio of the largest and smallest lines that can be constructed inside the district have the disadvantage that they are unaffected by changes to the district not involving those two lines. Similarly, the districts based on the size of circles that circumscribe the district or can be inscribed in it are greatly affected by the creation of tiny angles that extend into the inner core of the district or extend outward from the perimeter. These tiny angles might be close to meaningless in the construction of the district but greatly move its place in the measure. The Blair & Biss and Boyce-Clark measures are affected by the size of the district and not merely its shape and so cannot be used to compare districts of unlike size. Polsby & Popper say of the area-perimeter measure, "it is so sensitive to any deviation that it is impossible to comfortably gerrymander" (Polsby and Popper 1991, 350). Also, the area-perimeter method has simplicity as a sizeable advantage. It uses only the area and perimeter of the districts. These measurements are available as soon as a districting scheme is proposed and geographic data (e.g., map boundary files) are made available in digital form, or they can be easily calculated by digitizing a paper map or by aggregating existing units (towns, census tracts, precincts, etc.) into the desired district form. Political scientists are often called upon to pass judgment on redistricting proposals or even to create those proposals themselves. Compactness, in general terms, is readily distinguishable to the human eye. The scientist's role is to add quantification in order to establish that what is believed to be compact or non-compact is really so. While various scientists can argue for one or other measure of compactness to be most reliable, 100 none can dispute the speed at which compactness ratios can be produced from a large number of districts by the area-perimeter method. Thus, the area-perimeter method by its ability to contribute to a speedy analysis of a pending districting scheme more than makes up for any deficiencies alleged against it. According to MacEachren, "compactness can probably be considered the single most important aspect of geographic shapes." (MacEachren 1985, 65). Pounds declared compactness second only to size in significance when it comes to evaluating countries. He notes that compactness affects ease of travel, communication, and the homogeneity of the population (Pounds 1972, 54-55). As noted above, over the decades since redistricting plans came to be evaluated by courts, political scientists and geographers have proposed multiple measures of compactness. Some of the most readily accessible take into account only the area and perimeter of the district. These measures relate the object to a circle, maintaining that a circle is the most compact figure. Therefore, an object that has the same area as a circle whose circumference is the same as the object's perimeter (i.e., it is a circle) would receive a perfect score on such a measure, whereas a polygon that has more than a circle of equal perimeter would receive a lower score. (Some of these measures are inverted, so that a lower score is higher, or vice versa.) One such measure is the Nagel ratio, which is two times pi times the district's perimeter divided by the square root of the district's area divided by pi. Simply stated, it is the ratio of the circle formed from the district's perimeter to the circle formed from the district's area. The area-perimeter measures can be divided into two groups: Those that are consistent with Cox and those that are consistent with the square root of Cox (Attneave and Arnoult 1956). All of the Cox-consistent area-perimeter measures work the same in terms of how they rank the same set of districts, and all of the square root based measures do the same among themselves. Many of the variants employ an inverted form whereby a low ratio means greater compactness. The chief failing of the existing measures of the area-perimeter ratio is that they are based on circles. There is no electoral district in the world based on a circle. Therefore, all districts will fail to meet the ideal represented by the circle. Harris notes that circles are the most compact geometric figure, but it would not be possible to redistrict an entire political unit using only circles. "If one or several districts were formed into circles, the remaining districts would be odd-shaped ... A few circular districts would mean a sacrifice of compactness in other districts." (Harris 1964, 220). Meanwhile, actual square districts exist but are underrecognized for their innate compactness due to the use of pi to create existing compactness measures. The arbitrariness of the circle ideal is reflected in the scales used for the area-perimeter measure. The example of the nearly square 5th district of Texas from the 1930s into the 1960s given above illustrates this. The Hill ratio is the district's perimeter divided by four, divided by the square root of the district's area. Simply stated, it is the ratio of the square formed from the district's perimeter to the square formed from the district's area. Since squares and circles based on the same measures are definitively proportional, the Hill ratio can be expressed as the Nagel ratio times 0.886227. The 5th district of Texas mentioned above has a Hill ratio of 1.001. A scale that incorporates 1 as a perfect square and larger numbers being proportionately less compact is much more useful to a consumer than a 102 scale that is purely relative, especially if the scale is inverted so that a higher number indicates greater compactness. In testing the Hill ratio against other measures of compactness, the author digitized congressional district maps from the period before 1992 by aggregating counties. Counties were the principal building blocks of congressional districts until the 1960s when states, facing the necessity of adhering to strict standards for malapportionment, began to use other areas as atomic units, including precincts and even blocks. For 1962 and earlier, it is possible to reproduce most districts digitally merely by aggregating counties (or in the case of New England, towns). For this purpose, the maps of the post-1960 redistricting and the pre-existing redistricting contained in a volume issued by Congressional Quarterly were used. (Congressional Quarterly 1962). For the mid-i 960s redistricting necessitated by Baker and its progeny and for the 1970s and 1980s, many map sources are available. For the period after 1990, complete digital district maps of the country are available. The most compact district in the U.S. as of 2009 is the state of Wyoming. Compared to a circle, its Nagel ratio is 1.137. Compared to a square, its Hill ratio is 1.008. It is much more useful to know how square Wyoming is as opposed to how round it is. The most uncompact 103 district in U.S. congressional history, the 29th district of Texas created for the 1992 election, has a Hill ratio of 10.498. It has been described as Pegasus the flying horse dragging a dead lion. The degree to which Texas legislators used city blocks as atomic units of the district is obvious even in the silhouette. This is a far cry from the early 20th century when counties were the atomic unit of congressional districts not only in Texas but in most of the country. The reapportionment revolution dictated that a smaller atomic unit be used - initially it was the municipality and then the election precinct - but as gerrymanderers have gotten more bold, the city block is now the basic unit. One can only speculate if individual parcels of property will soon become the atomic unit, with politicians choosing not only which neighborhoods and blocks they will represent, but also which households. Morrill says that districts with Nagel ratios of 2 or greater ought to be considered suspect, and justification for them should be demanded (Morrill 1981, 22). He makes the point that extremes in non-compactness should be ipso facto suspect because gerrymandering is the main reason someone would go to the trouble of fashioning an extreme district (Morrill 1987, 249). Pildes & Niemi note that an extremely uncompact district calls attention to itself and invites stricter scrutiny of itself (Pildes and Niemi 1994, 575). Indeed, such a district attracts stricter scrutiny not only for itself but for the entire plan. A Nagel ratio of 2 corresponds to a Hill ratio of 1.77. As of the 2006 election, 192 Congressional districts have Hill ratios of 1.77 or less, and 244 exceed this threshold. In other words, more districts fail Morrill's suspect test than pass it. Schwartzberg's standard of Hill 1.48 (Nagel 1.67) would cause even fewer districts to pass scrutiny. 104 Dixon argues, "A rule of compactness and contiguity, if used merely to force an explanation for odd-shaped districts, can have much merit." (Dixon 1968, 460). Niemi et al state that a compactness measure should only be used to compare districts, and that there should be no particular score that constitutes an unacceptable level of noncompactness. (Niemi, Grofman, et al. 1990, 1176). Pildes & Niemi allege that majority-minority districts would disproportionately suffer from any rule that mandated a particular compactness measure (Pildes and Niemi 1994, 567). However, their noting of this tendency suffers from a failure to test these districts against any objective compactness standard; their evaluation stemmed from only looking at current outliers. It was not always the case that so many states ignored notions of compact districts. The author has determined compactness ratios for a set of 1899 districts in existence back to 1922 (some of which were created in the 19th century). For the 1990s and 2000s, digital boundary files are available for the whole country. For the earlier periods, digitized congressional district boundaries were created by aggregating counties into districts. This was non-problematical in most instances because counties were in fact the units of aggregation for congressional districts until the reapportionment revolution. In a fairly small number of instances, the digitized districts are somewhat different from the real districts in terms of those districts that were essentially groups of counties with a piece of an urban county attached to them. In these cases, the size of the urban component is small relative to the total area of the district, and this variation in the composition of the district makes little or no difference in the total area and perimeter of the district. For some states, the deviations these variations would have made were 105 unacceptably large, and so for some states in some periods, only a partial set of digitized districts exist. A table of these districts is included as an appendix to this chapter. In an inversion of the usual pattern of data availability, the gap in the data is not in the early part of the 20th century but the mid-I 960s to the 1980s. This is because when the Supreme Court mandated an equipopulation standard, states began fragmenting counties as units of aggregation for congressional districts. From then until the 1990s, when systematic, nationwide digital boundary files became available, the ability of the author's method to generate digital boundary files is small. As a result, the dataset contains a more complete set of districts from the 1930s than from the 1980s. As of the 1960 election, the average Hill ratio of all districts for which data are available was 1.526. As of 1982, it was up to 1.676; then to 2.146 in 1992, and since then the average has declined slightly to 2.103. However, the decline from the 1990s to the 2000s was largely due to a reduction of the excesses of 1990s racial and partisan gerrymandering in four states: North Carolina, Georgia, Louisiana, and Texas. If these states and Maryland are excluded, the change from 1992 to 2006 is negligible. The trend is for less compactness with each redistricting cycle, rather than more. Carson et al argue, "redistricting plans, for the most part, create districts that are more extreme relative to previously drawn seats." (Carson, Crespin and Finocchaiaro, et al. 2007, 884). Pildes & Niemi state, "there is no denying that the present congressional districts are less compact than those they replaced." (Pildes and Niemi 1994, 573). They identify three factors in causing the sharp increase in non-compactness of congressional districts: 1) Post-Daggett decisions to strictly equalize congressional district populations intrastate; 106 2) New computer technologies that let actors be more sophisticated with their district manipulation; 3) Post-Gingles decisions to create more districts favorable to minorities, or as they also suggest, to use creation of majority-minority districts as an excuse to ignore traditional geographic principles in redistricting (Pildes and Niemi 1994, 574-575). There is considerable variation among states in the compactness ratio. The eight districts of Minnesota have an average compactness ratio of 1.594. The eight districts of Maryland have an alarming average of 4.659. (Even excluding three complicated districts in eastern Maryland for which redistricters should possibly be given some latitude, the average is still above 3.) Necessarily, the districts including the Eastern Shore of Maryland and Cape Cod will always be uncompact, but this does not justify making all of the other districts in Maryland and Massachusetts equally irregular. The relative inequalities in compactness between states is also not a function of the composite units of the states with low compactness averages being relatively square. After the Northwest Ordinance, Congress mandated that the new states Ohio and west would be surveyed using a regular square measure, a notable improvement over the metes-and-bounds system that was used to establish everything from neighborhoods to counties in the thirteen original colonies. The averages of square-based Indiana (1.774) and Oklahoma (1.779) are practically indistinguishable from that of metes-and-boundsbased Connecticut (1.781) and haphazard Kentucky (1.759). The aggressiveness of redistricters in various states is aptly reflected in the compactness ratios. Oddly enough, many states that were outliers as early as 1922 (North Carolina, Maryland, California) 107 continue to pursue extremes in redistricting today. Nevertheless, not everyone believes that states reaching new extremes in non-compactness means automatically that democratic virtue is being compromised. "The contours of district maps today more closely represent the average voter's preferences than they did fifty years ago." (Ansolabehere and Snyder 2008, 272). This may simply be a veiled way of saying that modem districts are partitions of partisanship. Canada has not yet seen the proliferation of partisan and racial redistricting that the United States has experienced. The national average Hill ratio for all ridings except those classified as "excluded" (The territories, Labrador, the Sable Island portion of Halifax riding, and discontiguous portions of two Quebec ridings) was 1.399 in 1997 and 1.400 in 2004. This is lower than the national average for the United States has been in the entire period studied herein, 1922 to 2006. At its low point before the reapportionment revolution began, the U.S. national average was 1.526. In the current 2004 remap of Canada, New Brunswick has the highest ratio, 1.547. Quebec is second at 1.501. Thus, the two Canadian provinces with the least compact federal ridings are approximately on a par with the U.S. state with the fifth most compact congressional districts. Newfoundland and Labrador (although Labrador riding is excluded from this analysis) has the most compact ridings in Canada, with a ratio of 1.238. Disaggregating the ridings further shows that the 18 ridings of Montreal Island have an average ratio of 1.315; the 23 ridings of the city of Toronto have an average of 1.260, illustrating that urban ridings in Canada tend to be more compact than rural ridings. The averages for Winnipeg (1.400), Calgary (1.236), Edmonton (1.347), and the 108 British Columbia Lower Mainland (Greater Vancouver, 1.222) confirm this. The nine principally rural ridings of northern Ontario, by contrast, have an average ratio of 1.552. One spot in Canada where redistricting has been contentious in the last two rounds is New Brunswick. As stated, the province has the least compact federal ridings in Canada, on average. The province's ratio increased from 1997 to 2004 by 0.126, the largest increase in Canada. Another province where redistricting was controversial in 1997 and 2004 is Saskatchewan, but the change in this time is negligible, and in fact the province's ridings overall are more compact than either of its provincial neighbors, Manitoba and Alberta, where federal redistricting has been reasonably non-controversial. The issue in New Brunswick prior to the 2004 remap was that districters attempted to pack all of the Canadian Indian reserves in the province into the Miramichi riding. In Saskatchewan, the issue before the 1997 remap was that districters had done a textbook job of diluting the urban voters of the province's two major cities, Regina and Saskatoon, by putting them each into four urban-rural fringe districts that ran from the inner cities of each Source: Mondopoliticocom from Elections Canada base map out for a considerable distance (as far as 120 miles) into agrarian territory. (Indeed, the remap practically quartered the two cities and their surrounding countryside. 109 This act illustrates that it is possible to gerrymander compactly.) Community-ofinterests theory in redistricting holds that Regina and Saskatoon should each have as many districts to themselves as would fit, and that at most one district would be extended beyond the municipal or metropolitan boundary. The small change in averages from 1997 to 2004 (0.001 nationally) suggests that redistricting is not viewed by Canadian politicians as nearly as great a political opportunity as is the case in the United States. Canadians are increasingly paying attention to both intraprovincial and interprovincial malapportionment. In Ontario, the federal riding of Kenora has about half of the population of the largest riding in that province. Canadian provinces are protected from losing seats in the House of Commons by virtue of the 1982 constitution that provides that no province can ever have fewer House seats than it had at the time the constitution was promulgated. Because of this, in reapportionment years, provinces that are increasing in population gain seats, but provinces that lose population do not lose seats. Although these compactness data only cover two maps and one round of redistricting, the low ratios point to no past tradition of gerrymandering in Canada. 110 The same cannot be said for the United States, where a district created under the leadership of Gov. Elbridge Gerry of Massachusetts led to such notoriety that the entire practice of manipulating districts has been named for him. Most have never seen an accurate representation of the district. A cartoon image of the district drawn in the likeness of a salamander is familiar to many students of redistricting. However, an examination of the map Map by author reveals that much of the salamanderlike shape of the district came not from gerrymandering but from natural land forms, such as the state boundary and the coastline. The southern border of the panhandle is the Merrimack River, and the northern border is the line three miles north of the Merrimack fixed as the boundary when New Hampshire was created as a separate colony (Stein 2008, 137). Using a major river as a boundary was certainly a defensible decision for the time. The district is essentially a backward seven, and would be largely unremarkable if fomented on a modern election map. Although extreme for its time, the gerrymander district has a lower Hill ratio than 32 congressional districts currently in use in the United States, in more than half a dozen states. (Elbridge Gerry's famous salamander was not the first reapportionment controversy in American history. The very first presidential veto in 1792 was over a reapportionment bill. (Hayes 1996)). In summary, compactness has declined precipitously in most of the United States over the period of time in which redistricting has been a regular happening. The same has not happened in Canada, with the Canadian average being below what the U.S. average was even in 1922. Canadian districts are also more uniform in their compactness ratios from sea to sea than American districts. American redistricters continue to create non-compact districts, often to extremes, apparently subject only to the limits that courts will accept. The tendency to aggressively seek to increase vote share through redistricting has not come to Canada except in rare instances. The clash over compactness is part of a larger issue. Geography has to always play an important part in redistricting, and compactness is one of the most fundamental and (depending on the measure one uses) objective criteria for geographical standards in districting. Pildes & Niemi argue that interest can never completely trump geography in districting decisions, lest the process be "reduced to a single-dimensional process in which interest appears to dominate overwhelmingly." (Pildes and Niemi 1994, 504-505). While electoral districting will probably never be based solely on geographic considerations alone, attempts to quash the compactness standard demonstrate what is apt to happen when politicians decide to leave geographic factors completely out of the redistricting process. 112 National Compactness Average 2.400 2.200 2.000 1.800 1.600 1.400 1.200 1.000 1922 1932 1960 1962 1972 1982 1992 2006 113 -- USA --- Canada COMPACTNESS OF CONGRESSIONAL DISTRICTS 1922-2006 Change Change Change CD CD CD CD CD CD CD CD 1992- 1960- 1922- State Alabama Arizona Arkansas California Colorado Connecticut 1922 1.676 1932 1960 1.694 1.414 1.648 1.569 1.765 1.378 1962 1972 1.630 1982 1.545 1.758 1.735 2006 2.221 1.743 1.775 2.288 1.756 1.781 2006 0.085 -0.136 0.007 0.601 -0.154 0.124 2006 0.527 0.328 0.127 0.720 -0.010 0.403 2006 0.544 1.414 1.604 1.501 1992 2.136 1.878 1.768 1.687 1.910 1.657 Florida 1.711 1.549 1.596 2.596 2.419 -0.177 0.870 0.708 Georgia 1.504 1.517 2.349 1.779 -0.570 0.262 0.275 1.500 1.564 1.403 1.776 2.011 1.711 2.195 -0.065 0.184 0.147 0.793 0.695 1.817 1.396 1.442 1.890 3.636 1.774 1.497 1.495 1.759 2.102 -0.043 0.102 0.053 -0.131 -1.533 0.336 0.215 0.251 -0.006 0.427 0.390 0.161 0.194 0.043 2.164 2.212 2.110 4.659 -0.055 2.447 0.260 2.561 0.126 2.660 2.488 1.530 2.213 1.651 -0.276 0.121 -0.077 0.226 0.144 Idaho Illinois 1.877 1.605 Indiana Iowa Kansas Kentucky Louisiana 1.384 1.336 1.301 1.716 Maine Maryland 1.984 1.999 Massachusetts Michigan 1.507 Minnesota 1.442 Mississippi 1.615 Missouri 1.467 1.516 1.449 1.299 1.250 1.643 1.524 1.717 1.366 1.438 1.282 1.244 1.766 1.676 1.288 1.279 1.811 1.850 2.099 1.958 2.038 2.290 1.425 2:240 1.310 1.424 1.545 1.594 0.049 0.284 0.152 1.598 1.668 1.580 2.015 1.896 -0.119 0.228 0.281 1.512 1.498 1.655 1.440 1.616 1.748 0.133 0.250 0.282 1.384 1.506 0.086 0.144 0.876 0.764 1.425 1.392 2.200 1.459 1.236 1.754 2.340 1.373 Montana 1.453 1.464 0.011 Nevada 1.549 1.797 0.247 New Hampshire New Jersey 1.991 2.255 1.959 2.322 -0.032 0.067 Nebraska 1.320 1.352 1.378 1.557 1.446 1.412 New York 1.323 1.528 1.505 North Carolina 1.807 1.848 1.828 North Dakota 1.351 Ohio 1.293 1.355 1.862 Oklahoma Oregon 1.477 1.423 1.640 1.424 1.930 1.775 1.822 1.979 1.654 1.971 1.292 New Mexico South Dakota 1.825 1.628 1.535 1.797 1.531 1.481 -0.050 2.407 2.010 -0.397 0.482 0.687 3.814 2.721 -1.092 0.873 0.914 1.927 0.065 0.572 0.634 1.779 1.774 -0.150 -0.001 0.140 0.350 0.303 0.351 2.390 1.949 0.568 -0.030 0.995 2.406 1.904 -0.502 0.408 2.202 2.215 0.013 0.773 3.490 2.143 -1.348 0.680 1.172 1.413 Pennsylvania Rhode Island South Carolina -0.101 0.683 1.395 1.373 1.283 1.581 1.496 1.605 1.250 1.288 1.399 1.442 1.675 Tennessee 0.581 1.561 1.463 1.493 1.491 -0.002 0.075 Virginia 1.871 1.898 1.811 2.407 2.219 -0.188 0.408 0.347 Washington West Virginia Wisconsin 1.432 1.998 1.429 1.464 2.016 1.464 2.036 1.377 2.180 2.035 2.018 1.787 2.352 1.649 1.721 2.303 1.726 -0.066 -0.049 0.076 0.258 0.267 0.348 0.289 0.305 0.297 Grand 1.535 1.527 1.526 1.551 1.575 1.676 2.146 2.103 0.577 0.568 Texas 1.462 0.323 1.760 1.415 Utah _ Source: Tony L. Hill, Redistricting and Compactness in Canada and the United States, presented at CPSA 2009 tlh@alum.mit.edu Average Compactness by Province and Region of Canada diff notes -0.076 excl Labrador Province Newf 1997 1.314 2004 1.238 PEI 1.247 1.266 0.019 NS 1.317 1.438 0.121 excl Sable Island NB 1.421 1.547 0.126 Que 1.499 1.501 1.327 1.315 -0.012 1.335 1.333 -0.002 Montreal Isl Ont 0.002 excl Iles-de-la-Madeleine, non-contig parts of Manic N. Ontario 1.400 1.552 0.152 Rest of Ont. 1.286 1.313 0.027 Toronto 1.315 1.260 -0.055 Subn Toronto 1.251 1.231 -0.020 1.415 1.367 -0.048 1.418 1.400 -0.018 Sask 1.258 1.264 0.006 Alta 1.357 1.385 0.028 1.214 1.236 0.022 1.330 1.347 0.017 1.501 1.447 -0.054, 1.285 1.222 -0.063 1.399 1.400 Man Winnipeg Calgary Edmonton BC Lower Main Natl 0.001 excl excluded Source: Redistricting and Compactness in Canada and the United States by Tony L. Hill, tlh@alum.mit.edu INVENTORY OF DISTRICT COMPACTNESS DATABASE P 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 50 52 54 56 58 60 62 64 66 68 70 72 74 76 78 80 82 84 86 88 90 State PpPPPPPPPPPPPPPPPPPPPP xxxxxxxxxxxxxxxxxxlxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Alabama Arizona I I XXXXXXXXXXXXXXXXXXXXXXXXXX I ....-o"'XXXXXXXXX) XXXXXXXI'0 .. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxlxxxxxxxxxxxxxxxxxxx Arkansas PPPPPPPPPPPPPPPPPPPPPP jPVPVPVPVPVPV California IPPPPPPPPPPPPPPPPP I lxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Colorado xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Connecticut jXXXXXXXXXXXXXXPPPP XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX I Florida xxxxxxxxxxxxxxxxxxxxxxxlxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Georgia IAAAAAAAXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Idaho IPPPPPPPPPPPPPPP pppppppppppppppppppppppppppppppppppppppppp Illinois Indiana FxxxxxxxxxxxxxxxxxxxR7 ]fPPPPPPPPPP xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxXXXXXXXXXXXXXXXX)XXXXXxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxXXXXXXXXXXXXXXXXAAA Iowa ppppppppppp xxxxxxxxxxxxxxxxxxxxxXXXXXXXXXXXXXXXX)XXXXXxxxxxxxxxxxxxxxxxxxxxxxpppp Kansas XXXXXXXXXXXXXXXXXXXXXXXIAAXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXX Kentucky I xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Louisiana Maine lxxxxxxxxxxxxxxxxxxxxxxxlxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvVVVVVV)PPPPPPPPPpppppp Maryland I I I Massachusetts -XXXXXXXXXXXXXXXXXXXX, XXXXXXXXXXX4 XXXXXXXX, 1 1 PPPPPPPPPPPPPPPPPPP PVPVPVPVPVPVPVPVPVPVPVP PPPPPPPPPPPPP Michigan VVVVVVVVVVVVVVVVVVVVV AA PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP Minnesota XXXXXXXXXXXXXX xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Mississippi 1PPPPPPPPPPP PPPPPPPPPPPPPPPPPPPPPPPP JAA PPPPPPPPPPPPPPPPPPPP jPPPPPPPPPPPPPPP Missouri Montana JAAAAAA XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxlxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Nebraska AAAAAAA 115 jjjj 1111,!, 111111!1111111 411112 1AAAAAA 11,41 Nevada New Hampshire I I i I PPPPPPPPFHFFFFFPPPPPPPIPPPPPPFFFHFFFPPPPPPPFFFFVFPPPPPPPPPPP New Jersey I AAAAAAAAAAAAAAAAAAAAAA NAAAAA XXXXXXXXXXXXXXXXXX)XXXXXXXXXXX) New Mexico jPPPPPPPPPPPPPPP PVPVPVPVPVPVPVPVPVPVPVPVPVPVPVPVPVPVP New York xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxlxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx North Carolina IXXXXXX", , , "","XPPPPPPFFIFF I I XX XXXXXXTXXXXXXXXXXXXXXXXI North Dakota pppppppppppppppppppppppppppppppppppppppplpp IPPPPPPPPPPPPP Ohio xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxlxxxxxxxxxxxxxxxxxxxxxx Oklahoma xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Oregon PPPPPPPPPP Pennsylvania PPPPPPPPPPPPP PPPPPPPPPPP, Rhode Island I I I I I I I 1PPPPPPPPPPP PPPPPPPPPP X = complete P = partial V = varied PV = partial and varied A = all reps at large objel le sdai Ile = V P91JBA pue leiped = Ad P,91JeA = A lei:ped = d 9191dwoo = X 06 88 98 V9 Z9 09 9L 9L VL ZL OL 99 99 V9 Z9 09 99 99 V9 Z9 09 9V 9V tV Zt OV 9C 9C VC ZC OC 9Z 9Z VZ ZZ OZ 81, 91, ti, ZI, d IdddddddddddddddddddddddddddddddddddI dddddddddddddddddddddd xxxxxxxxxxxxxxxxxxxxxx kxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxx dddddd ddddddddddddddddddddddddddddddddddddddddddddddddddd xxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxx 'XXXXXXXXXXXXXXXXXXXXxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx ddddddddddd XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX xxxxxxxxxxxxxxxxxi I ddddddddd7dd dddd I rvvvvvvvvvxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx:xxxxxxxxxxxxxxxxxxxxxxxI ldddddddddxxxxxxxxxxxxxxl xxxxxxxxxxxxxxxxxxxxxxxxxxxXXXXXXXXXXXXXXXXXX<XXXxxxxxxxxxxxxxxxxxxxxxx Glels uisuooslm eiu!bJIA IS9M U016ulqsem MOM win SeXGJL qqssquuqjL ejoNeC] qjnoS euilojeo LjjnoS 3SVE3ViVG SS3NiOVdNOO IMUSIG =10 MAOiNEIANI Chapter 7 - District Compactness and Voter Knowledge: Information Heuristics Through Favorable Partitioning Having developed a workable and meaningful measure for compactness, the question arises as to the utility of compact districts. Scholars have often argued that compactness has no real impact on electoral districts. Polsby & Popper note that the harm gerrymandering causes "is easier to characterize than to prove" (Polsby and Popper 1991, 304). Backstrom, Robins & Eller claim, "It is, in truth, hard to develop a powerful case for the intrinsic value of having compact districts..." They argue that the only one who benefits from compactness is the representative herself, and then only if she lives at the center of the district (Backstrom, Robins and Eller 1990, 152). They concede, however, that compactness has "a symbolic virtue" insofar as the esthetic value of compact districts serves as a cue to the public. "Crooked districts," they argue, "lead the public, often correctly, to suspect crookedness by someone manipulating the districting process in order to gain unfair advantage." (Ibid.) Fenno relates a telling anecdote from Rep. Gary Ackerman (D-N.Y.). "I don't know half the time whether I'm in or out of the district. Neither do my constituents. They argue among themselves." Ackerman and his constituency aides have been known to argue the question too: "'Are we in the district now?' 'I think so.' 'No, I don't think so.' 'This must be the dividing line. I don't know, but it must be along here somewhere. It's crazy."' (Fenno 2000, 169, Yoshinaka and Murphy 2009, 451). If the Member of Congress and staff members based in the district and charged with dealing with constituent matters don't know where the district lines are, how can voters be expected to 118 do any better? It is tautologous that districts with clearly defined boundaries have clearly defined boundaries; these can be obvious to everyone involved. Past research on this question has not been particularly detailed with regard to the issue of district compactness. Niemi, Powell & Bicknell analyzed 1978 NES data with regard to the number of representatives overlapping in a community (i.e., metropolitan area) and found that voters who lived in communities with only one congressional district were more likely to know information about the incumbents and candidates than those from communities with more districts (Niemi, Powell and Bicknell 1986, 192). They found that congruence between the district and media market made it much more likely that voters would know about challengers in the congressional election, but the difference was much more scant when it came to knowing who the incumbent was (Niemi, Powell and Bicknell 1986, 196). Kramer analyzed a particular New York state assembly district that leaped from Staten Island to Lower Manhattan and found a large friends-and-neighbors effect in terms of voters from one island or the other siding with political candidates from the same island (Kramer 1990). If this is true in a state district (much smaller than a congressional district), the expectation would be that it is even more true in a large U.S. House district. Stem argues that a successful representative must be integrated fully with his or her districts. "To represent fully the concerns of his constituency, a representative must not be merely an agent whose opinions match those of some ideological majority in his district, he must be attuned to a diversity of interests." (Stem 1974, 400). On the other hand, rather than merely serving the district access problems of the Member, compact districts facilitate greater voter knowledge of the district. A poor district functions only 119 as an electoral district. A good district that is formed compactly from regular boundaries has purposes other than as an electoral district. A well-formed district is apt to function as an economic area, tourism region, or as a quadrant of a particular state. A compact district, such as the current 6th congressional district of Michigan, can be described as "the southwest corner of Michigan"; or "the Kalamazoo * and Benton Harbor area." There is no significant quarrel with this designation. People in the district get most of their information from media in those cities. A non-compact district, however, such as the current 4th district of Massachusetts (or nearly any of that state's others) can only be described as "the 4th district." The people of the 4th really have nothing in common except that they live in the district. It does not conform to any c Zfeconomic or transportation function. The district awkwardly overlaps disparate media markets. The district 00 includes two I I prominent Boston suburbs, Brookline and Newton, and then snakes westward, then southward, and then eastward to take in the disparate communities of Taunton and New Bedford. The district includes a minority of the city of Fall River. This is not a unified district by any measure. A large share of the residents of Brookline and Newton have 120 never been to New Bedford and perhaps have only a vague idea where it is. The daily concerns of these largely white-collar suburbs of Boston have little in common with the maritime New Bedford and old-era industrial cities of Taunton and Fall River. People in the 4th do not read the same newspapers. The newspaper editor in New Bedford, of course, focuses largely on the 4th because that is where nearly the entire newspaper readership resides. The media in Boston have many other districts to cover - some of which lie entirely within the Boston area - and cannot devote much coverage to the 4th. The newspaper editor in Fall River must contend with allocating most congressional coverage to the 3rd district, which includes much more of the Fall River area than does the 4th. The 3rd district is only slightly easier to comprehend than the 4th. It reaches upward from Fall River to contain Massachusetts's 3rd largest city, Worcester, although it does not include all of Worcester's suburbs. Some of them are included in the 2nd district, a congressional district dominated by Springfield, the second largest city in Massachusetts, although the 2nd does not totally dominate Springfield; a good share of metro Springfield is in the 1st congressional district. 121 In Illinois, the eight Downstate districts (11-12, 14-19) are all very non-compact. Race is a fairly small consideration in Downstate congressional redistricting since there is no opportunity to create a majority-minority district there. Rather, these compromises of compactness are caused by political gerrymandering. Downstate Illinois is a fairly Republican area; only the 12th district, including the heavily Democratic East St. Louis area, contains a compact Democratic area. Essentially, the Democratic legislature devised several districts with long tentacles reaching into Democratic areas of small and medium-sized cities (Springfield, Decatur, Bloomington, even Parma and Sterling) in order to advantage Democrats running in the 11th and 17th districts. This has been a successful strategy for them, as the party has been able to hold the 17th and won the 11th when it opened up in 2006. (The Democrats also won the 14th district in a special election in 2008 after Speaker Dennis Hastert retired.) These districts are much more suspicious-looking than those in use at the time it was routinely alleged that Illinois politics was controlled by machines, Chicago by the Democrats and the state government by the Republicans. Interestingly, Kaiser simulated a redistricting of Illinois early in the reapportionment revolution that not only produced districts that were much, much more compact than the present ones, but they were also more compact than the actual Downstate districts in use at the time. (Kaiser 1966, 210). 122 The case of the 17th is an interesting one. The Republican candidate in 2006 was a television news anchor from the Quad Cities, Andrea Zinga. Television news anchors have a long history of being able to win local and district-level elections. Although she lost to Democrat Phil Hare decisively (57-43%), Zinga surely would have had a better chance of winning had the boundaries of the district more closely corresponded to television market boundaries, as is often the case when districts are shaped using natural boundaries or those resulting from natural human transportation and communication patterns. As it was, the 17th contained only part of the Illinois side of the Quad Cities television market and then swept southward along the Mississippi River to take in Quincy and some territory stretching into Springfield and Decatur. Of course, ideals in redistricting should not favor the election of a television news anchor or any other person, but politicians of all stripes understand that campaign costs and efforts are reduced when the district is compact and can be reached through a minimum of media buys (Campbell, Alford and Henry 1984); in a district like the 17th, parties and candidates aiming to reach the entire district can only make inefficient use of broadcast media and newspapers: They only desire to reach a small percentage of viewers in each of many markets, because most of the viewers in those markets live in other congressional districts. The issue of multiple states in a media market is also a challenging one. Snyder and Str6mberg report, "newspapers exhibit an in-state bias, covering representatives from their home state more heavily than out-of-state representatives," even when their market area overlaps into an adjoining state (Snyder and Strdmberg 2010, 11). The 46th district of California presents another illustration of the role of compactness in the conception of a district and the decisions that follow from this 123 conception. The 46th contains most of its population in some coastal suburbs in northern Orange County. In an effort to create a safe Republican district as a part of the bipartisan gerrymander of California after the 2000 census, the district also includes the Palos Verdes Peninsula, at the southwest corner of Los Angeles County. In order to form a E Torrance S . mC desEE es 47 RaW est-Aa P Es Ver Rea 1 W/ Source: State of California contiguous district, the 46th has a spaghetti strip running along the heavily Democratic city of Long Beach and the Los Angeles section known as San Pedro, also a heavily Democratic center. (A small functional part of Long Beach near California State University is included in the 46th.) The spaghetti strip includes some harbor islands, which are heavily industrial. (In the earlier version of this district created after the 1980 census, the spaghetti strip through Long Beach and San Pedro was so narrow that it was said to be contiguous only at low tide (Butler and Cain 1992, 61)). This district has no center as that term is used by ordinary people. There is no / I' X way to drive continuously across the district. The Orange County residents have little contact with the voters of the 124 Palos Verdes Peninsula, and vice versa. The ordinary driving distance between Huntington Beach, in the Orange County portion of the district, where Congressman Dana Rohrabacher maintains his district office, and Rancho Palos Verdes is 32 miles. According to Google Maps, this is a 47 minute trip under favorable traffic conditions. Nearly all of this trip takes place outside the borders of the district. Source: Google MTaps If the incumbent congressman and any challengers are strategic about what they do, they spend most of their time in Orange County and hold a few events on the Palos Verdes Peninsula. They have little or no incentive to do anything with the spaghetti strip running across Long Beach and San Pedro. (The district also includes Santa Catalina Island with a population of about 4000 and unpopulated San Clemente Island.) In terms of media coverage, the distrct is at the center only for the residents of the Orange County portion, and even so, the main media serving the district (the Orange County Register and Los Angeles television stations) have many other districts to cover. For the Palos Verdes portion of the district the main newspaper is the South Bay Daily Breeze. However, most of the residents of the South Bay area live in the much more compact 35th and 36th districts. So from the perspective of the Daily Breeze (and similar media), the 35th and 36th districts are their main market and the 46th is a periphery. The 125 Long Beach Press-Telegram (and other media in the country's largest suburb) have little incentive to do much with the 46th district. The vast majority of the population of Long Beach is in the 37th district and few people to the east or west pay much attention to the Long Beach paper. In a large media market, it is difficult for a new MC to get covered by the press when they are so accustomed to quoting and interviewing the more senior members of the local delegation. "It does not appear that newspapers are mainly interested in providing necessary information to help voters," Snyder and Strdmberg allege, noting that newspapers are more likely to run articles about retiring members than those who are new and relatively unknown (Snyder and Str6mberg 2010, 11). Voters in the spaghetti strip are at a tremendous disadvantage when it comes to learning about their Congressman and their district. Voters in the Palos Verdes Peninsula, essentially a panhandle of the district, also face a disadvantage. And even the voters in the Orange County portion of the district are at a disadvantage relative to the position they would be in if their district included only Orange County territory; by sharing part of what should be an Orange County district with people in a non-compact area, they are losing the focus of the Congressman, campaigns and media that would be enhanced in a compact district. When Congressman Rohrabacher holds a town hall meeting, it behooves him to concentrate on Orange County. Holding a town meeting in downtown Long Beach, even if one could be held in the block or two along the ocean that is in the spaghetti strip and part of the 46th, would likely be unsuccessful. The Long Beach media would not do much to publicize it, and the small population of the spaghetti strip would mean that there is no great pool of voters from which attendance at the meeting can be drawn. Even holding such an event in the eastern part of Long Beach 126 where the district is more than two blocks wide would not do much to engage the citizens of the spaghetti strip. The district is not much better descriptively than the Massachusetts 4th; it can be weakly described as a district "on the harbor," which might be true but doesn't convey the essence of the represented territory as neatly as the appellation "Northeastern Minnesota" does for that state's 8th congressional district. In essence, the incumbent and contenders are forced to consciously choose to spend time in a particular area of the district. In a district that is both compact and small, this is not a choice that has to be made; merely being anywhere in the district is proximate to all other points in the district. A congressman representing, for instance, Milwaukee and a few suburbs need not consciously spend time in each neighborhood of the district; it will suffice for most to know that the congressman is present in the city. The same is not true for a member from a panhandled district like California 46. In essence, the extreme deviation from a compactness standard forces the politician to make a conscious choice to spend a certain amount of time in or effort on a particular part of the district. This is similar to the choices that have always confronted those who represent rural districts, who have to make constant decisions about how much in resources to allocate to particular communities within their districts. In this sense, then, redistricting with non-compactness complicates the lives of the politicians who serve them (or run to) relative to the effort that would be necessary were the districts more compact. Obviously, adding a few more square miles of Orange County to California 46 would eliminate the expense of resources involved in representational tasks for covering the elongated and unwieldy district in its present form. 127 In a world heavily dependent on information, when district boundaries impose restrictions on voter abilities to learn about politicians and on politicians' abilities to communicate with voters, democracy suffers. Voters are hampered in learning about politicians, and, it is assumed, politicians in learning about them. In a polity or media construction that consists of two large portions from two districts and a small section from a third district, the district contributing a small portion is apt to be marginalized. If the polity in question is a school district, government teachers are apt to invite representatives from the two main districts to speak at the school and participate in forums. The school district is likely to keep in close contact with those representatives and keep an eye on what legislative activities occupy them. The legislators from the third district are apt to recoil in horror at their exclusion from the activities of this school district, much as they strive to keep up with its activities and policies. These legislators are apt to be caught off-guard while campaigning or doing constituent service in the relatively small portion of their district that overlaps with this school territory. Geography is working against them. People who make decisions and are aware of the overlapping geography are likely to place a premium on inclusion of the politicians with the large overlap and minimize those who have only a small overlap; they might even assume they're bothering those legislators by attempting to make them aware of the activities of their polity. Politicians, of course, blanch at the notion of being excluded from anything. The example of the school district overlapping with several legislative districts resonates with real-world examples of media markets and congressional districts, including those mentioned above. Many congressional districts overlap neatly with 128 media markets, and for politicians who serve these districts (or have ambitions to), dealing with the media may be smooth sailing; they are apt to find that media in their districts are eager to hear from them and even seek them out. For politicians who have to deal with getting coverage in many media markets where the overlap with the territory is very small, dealing with the media can be nothing but an exercise in frustration. Politicians might tire of sending out press releases that go unreleased, and their press secretaries no doubt tire of making cold calls to newsrooms where the feeling is that this congressman has too few constituents in the newspaper's coverage area to warrant the amount of coverage the congressman feels he deserves. Since news coverage is an important aspect of voter information, these decisions that politicians and editors make are critical in the process of voters obtaining information. These media market-district overlaps are also crucial in congressional campaigns. A campaign can be made much more expensive when a party or candidate has to buy advertising time in a peripheral media market in order to reach a particular district. On the state level, this has many ramifications across the U.S. - New Jersey, for example, is situated in two of the five largest media markets, New York and Philadelphia. It is extremely expensive and very inefficient for New Jersey parties and - candidates to pay to advertise on the radio and television stations of these cities. It is inefficient because the New York Source for TV market maps: Dishuser.org from U.S. Census Bureau base maps media market includes many more people in New York and Connecticut and even a few in Pennsylvania that the advertiser has to pay for when using the station (advertising rates take into 129 account the entire audience, not merely the ones the advertiser wants to reach); the Philadelphia market is mostly in Pennsylvania and also includes viewers in Delaware and Maryland. By contrast, when advertising in the media markets in California, advertisers pay for only viewers in California due to the remoteness of California from other states. Campaigns seeking to reach New Hampshire - not only a pivotal state in general elections but the location of the first and most prominent presidential primary - must pay for the expensive Boston media market. In his first bid for the U.S. Senate from West Virginia in 1982, Jay -Rockefeller - spent a considerable sum of money on the costly Washington media market, which he needed to reach only two small counties in the West Virginia eastern panhandle. Examples abound. Chicago and Cincinnati are needed to reach all of Indiana; reaching sparsely populated western Wisconsin requires paying for Minneapolis-St. Paul. Indeed, the only states that are coverable from a single media market that includes no significant population in adjoining states are Utah and Hawaii. Stewart and Reynolds point out that Paducah, KY Cape Girardeau, MO-' Harrisburg Mt. Vernon, I linois the television news boss in Bangor, Maine - **"/ faces no decisions to make about which senate race to cover (the market is entirely within Maine), but the counterpart in WO Paducah, Kentucky has to consider multiple 130 senate races in the local coverage area, which includes parts of not only that state but also Indiana, Illinois, Missouri, and Tennessee. (Stewart and Reynolds 1990, 500). As a result, Maine voters hear only about their own state, whereas a Kentucky voter in the Paducah market hears about several states and doesn't get as much about the home state fed directly. (Ibid.) Stewart & Reynolds conclude that incumbents benefit from a fragmentary structure of television markets, because challengers are more dependent on television advertising and less likely to start with name recognition. Incumbents also get more free coverage by television (i.e., news coverage) than challengers (Stewart and Reynolds 1990, 512). At the congressional district level, relatively few districts are contained within a single media market or can be reached without incurring the expense of vast unrelated consumers. Some overlap a string of media markets that mostly expand into adjoining states. One object case is the 17th district of Illinois, stretching from the Davenport-Rock Island-Moline media market (which includes a fair chunk of Iowa) on the north end, through the Quincy-Hannibal media market (which is about half in Missouri), to the periphery of the St. Louis media market (a major market, the overwhelming majority of whose population is outside the district), then reaching through the Springfield area with a narrow tentacle and ending in part of Decatur. Even with the relatively inexpensive medium of radio, this district is a chore to cover. Not only are campaigns paying for listeners they don't want to reach, those listeners are fatigued by hearing constant advertising for campaigns they don't vote in. It complicates the matter of learning about one's own congressman and district when one hears so much unrelated and confusing input. Data from the Cooperative Congressional Election Study (CCES) for 2008 can illuminate the impact of compactness on voter knowledge. CCES (hereafter CCES 2008) is a large-n Internet survey which includes close to 34,000 voters in its common content (Ansolabehere 2009). The survey asks several general knowledge questions of voters pertaining to the race, partisanship, and identity of their representatives. The theses articulated here are (1) compactness will impact voter knowledge at the congressional district level; (2) compactness will make little or no difference on voter knowledge at the statewide level; (3) extremes in redistricting disproportionately affect Democrats. The first two theses require little explanation. If the compactness thesis is correct, voters in non-compact districts are disadvantaged in learning about their representatives and districts more than those in compact districts, but the ability to learn about senators, governors, and the composition of Congress as a whole and of state legislatures is largely unaffected. The third thesis closely relates to the earlier chapters in this dissertation which elaborated on extremes of redistricting primarily being used for purposes of racial gerrymandering, which most heavily impact black voters, who are disproportionately a Democratic electorate, and also disadvantage white Democratic voters in the states that pack black Democratic votes; and that partisan gerrymandering, in the 21st century, has been most acerbic in Texas, where the Republican state government has successfully packed Democrats, employing in the process some of the least compact districts ever devised. The bipartisan gerrymander in California in 2002, for the perverse reason that because it created twice as many safe Democratic districts as safe Republican districts, and used extremes in non-compactness to accomplish this end, did ipso facto affect Democrats more than Republicans. The impact of these two gerrymanders, just by 132 themselves, is quite significant; California and Texas, the two largest states, have between them almost 20 percent of all congressional districts, and more than 20 percent if the states having only one or two districts are excluded. Thus, in the main, non-compact districts affect Democrats more than Republicans. McDonald points out, "bias and responsiveness in national congressional elections can be accomplished by controlling the redistricting process in key states with large, heterogeneous populations" (McDonald 2006, 3-4). CCES 2008 asked respondents to give the race of their House member (CCES 2008, question 319). Overall, 82.5 percent gave the correct answer. However, this was not uniform across the country. Those who got the question correct were more likely to live in a compact district. The average Hill ratio of the district of respondents who answered correctly is 2.04; for those who answered incorrectly, it is 2.15. This difference is statistically significant at the p<.0001 level. The 99.99 percent confidence level for those answering correctly (n=26973) is 2.02 to 2.06 and for those answering incorrectly (n=5758) is 2.12 to 2.19. The survey also asked respondents for the party of their member (CCES 2008, question 309d). Those who answered correctly have an average Hill ratio of 2.05 (n=22805; 99.9% CI 2.03-2.06) while those who answered incorrectly have an average Hill ratio of 2.08 (n=9718; 99.9% CI 2.069-2.121). This is statistically significant at the p<.001 level. In a bivariate regression operationalizing knowledge of member's party as the dependent variable and compactness as the sole independent variable, the coefficient is -0.768 (p=0.03265). Party identification is apt to have some role in this process. 133 Snyder and Str6mberg find that respondents whose party currently occupies their seat are better at identifying the candidates (Snyder and Str6mberg 2010, 17). A third useful item from CCES about the district does not pertain to an information-related question directly, but tells about voters' use of that information. Respondents were asked if they had contributed money for various electoral contests, including the U.S. House race in their own districts (CCES 2008, question cc4l6a_4). Among respondents who contributed money (at any level) in 2008, the average Hill ratio of those who contributed to the contest in their own U.S. House district (N=1008; 99.9% CI 1.919-2.04) is 1.979 and for those who didn't is 2.077 (n=8636; 99.9% CI 2.056-2.1). This is statistically significant at the p<.001 level. There is no statistical significance to the difference between means of the Hill ratios of those who did or did not contribute to House candidates in other districts or those who gave to presidential candidates. These results suggest that lack of compactness affects the information voters have about their own districts. As discussed above, media messages are apt to be more fragmented when voters are in a non-compact district, especially if the voters themselves are situated in the part of the district responsible for giving the district its non-compact shape (i.e., a tentacle or panhandle of the district). Voters are also less likely to be graced by the presence of the congressman in a non-compact district. It is more difficult for campaigns to recruit volunteers to deal with voters in tentacles and appendages of the district, and as a result, there is apt to be less campaigning dealing specifically with the congressional district contest in these areas of the district (contributing to an overall effect for the district as a whole) than in compact districts. Advantages that Members build up as individuals - which is key to the incumbency effect, according to Fiorina and 134 others (Fiorina 1977, Ansolabehere, Brady and Fiorina 1992) - then become diluted in a non-compact district when many members of the polity are unable to ascribe particular things that incumbents do or particular benefits that incumbents have delivered to the district to that particular officeholder. This gels nicely with the finding of Snyder and Str6mberg: Voters whose districts overlap closely with media markets (their term is "congruence") have the opportunity to read many more articles about their member than other voters (Snyder and Str6mberg 2010, 11). They argue that this affects information that voters have. The difference between being low on congruence and high on congruence is quite large in terms of voter information, "about as large as the effect of changing a respondent's education from grade school to some college" (Snyder and Str6mberg 2010, 16). Using ANES data, they find that voters are more likely to know a candidate's name the more closely their district overlaps with a newspaper market area (Snyder and Str6mberg 2010, 17). The second hypothesis is that compactness will make little or no difference in voter information for offices other than the U.S. House district. Respondents were asked which party controls the U.S. House of Representatives (CCES 2008, question cc308a). The correct answer was the Democratic Party. Overall, 22,212 respondents (68.1 percent) gave the correct answer. Only 9 percent of respondents said Republicans, but 405 said neither party controlled the House, and 21.6 percent weren't sure. All of these can be construed as the wrong answer and are operationalized that way for purposes of this analysis. The average Hill ratio of those who gave the correct answer is 2.075 (95% CI 2.04-2.1). The average Hill ratio of those who have one of the various wrong answers is 2.058 (95% CI 2.04-2.07). This difference lacks significance at the p<.05 level. A 135 parallel question asked which party controls the U.S. Senate (CCES 2008, question cc308b). In the total survey, 65.9 percent gave the correct answer and said the Democratic Party controls the Senate; 8.8 percent said the Republicans do, 5.1 percent said neither, and 20.3 percent weren't sure. The average Hill ratio of those with the correct answer is 2.063 (95% CI 2.05-2.07). The average Hill ratio of those with a wrong answer is 2.058 (95% CI 2.04-2.07). This difference lacks significance at the p<.05 level. Respondents were also asked questions about their knowledge of state level politics. Survey respondents were most familiar with the partisanship of their state governor, on average, of all political offices referenced in the survey (CCES 2008, question cc309a). In total, 81.8 percent got this question correct. The average Hill ratio of those with the correct answer is 2.044 (95% CI 2.06-2.07). The average Hill ratio of those who answered incorrectly is 2.065 (95% CI 2.03-2.06). This difference lacks significance at the p<.05 level. Respondents were much more challenged when it came to the political control of their state legislative chambers. Only 48 percent knew which party controlled their state's upper chamber (CCES 2008, question cc308c) and only 46.5 percent knew which party controlled their state's lower chamber (CCES 2008, question cc308d). (CCES operationalizes Nebraska's unicameral senate as a lower chamber.) Relatively few of these gave an actual wrong answer; the bulk of respondents who didn't know the correct answer admitted that they didn't know. The average Hill ratio of those who gave a correct answer for control of their state's upper chambers is 2.082 (95% CI 2.068-2.095). For those who answered that the wrong party controls the upper chamber, it is 2.053 (95% CI 2.033-2.072). This difference lacks statistical significance at the p<.05 level. The average Hill ratio of those who gave a correct answer for party control 136 of their state's lower house is 2.086 (99.9% CI 2.063-2.11). For those who gave an incorrect answer, it is 2.04 (99.9% CI 2.022-2.058). This difference is statistically significant at the p<.001 level. This result is confounding because not only does it represent a statistically significant difference but also because the result suggests that voters in non-compact districts are more likely to know the correct answer. Partisanship is part of the answer. In states where the Republican Party controls the lower chamber, the difference is statistically significant at the p<.05 level, but the difference is highly significant in states where the Democratic Party controls the lower chamber. In terms of the upper chamber, it is nearly the opposite. In states where the Democratic Party controls the upper chamber, the difference is statistically significant at the p<.05 level, if barely. In states where the Republican Party controls the upper chamber, the difference is statistically significant at the p<.O1 level. In general, however, knowledge of which party controls the upper and lower house of the legislature is low, and there is wild fluctuation from state to state. This is therefore not a very good measure of voter knowledge at all, let alone a good one to use to evaluate the impact of congressional redistricting. In the case of U.S. Senators, the results are mixed. For the senior senator (CCES 2009, question cc309b), the average Hill ratio of those getting the correct answer is 2.064 (95% CI 2.054-2.074) while for those who gave the wrong answer, it is 2.052 (95% CI 2.036-2.069). This is not statistically significant at the p<.05 level. For the junior senator (CCES 2009, question cc309c), the average Hill ratio of those with the correct answer is 2.049 (99.9% CI 2.036-2.0649) and for those who gave the wrong answer, it is 2.095 (99.9% CI 2.065-2.125). This is statistically significant at the p<.001 level. This is another result that confounds the theory. 137 However, when analyzed on a state by state basis, knowledge of the senior senator relative to the junior senator is greatest in these states: North Carolina, Delaware, Kentucky, Arizona, Georgia, Louisiana, Utah, South Carolina. Some of these states are notable for their excesses in non-compactness. Many of them had new senators going into the 2008 election who were little-known in the state. At the other end, knowledge of the junior senator relative to the senior senator is greatest in these states: New Hampshire, Illinois, New York, Colorado, Mississippi. Two of those five had presidential candidates running in the 2008 election cycle who were obviously better known than the senior senator. Indeed, the top three senators in terms of home-state voter knowledge of partisanship were the junior senators from Illinois and New York and the senior senator from Arizona. Of course, three of those top five states are known for their excesses in non-compactness and their aggressive use of majority-minority districting. These factors contributed to distorting the significance of knowledge of the junior senator vis-i-vis compactness. Overall, the senior senator is only slightly better known than the junior senator, with a 3.3 percentage point difference. This suggests that the normal state of affairs is for knowledge of the senior senator to be slightly higher than the junior senator. By excluding Illinois, New York, Arizona, New Hampshire, and North Carolina from the dataset, the difference between the Hill ratios for those who know and don't know can be brought down below the level of statistical significance at the p<.05 level. For those who answered correctly, the Hill ratio is 2.042 (95% CI 2.03-2.0524) and for those who answered incorrectly, it is 2.07 (95% CI 2.0521-2.089). Of course, there is some ad hoc calculation involved in this, but it illustrates the point that overall, significance is low when comparing knowledge of senatorial party relative to 138 compactness and that an unusual situation occurred in 2008 that produced two presidential candidates who were both junior senators, one of whom was already one of the best known figures in the country and the other of whom became one of the best known figures in the country as a result of the presidential campaign. The third hypothesis is that Democrats are more greatly affected by discompactness than Republicans. Using 3-point party identification (CCES 2008, question cc307), the average Hill ratio of Democrats is 2.09 (99.9% CI 2.0626-2.115), of Republicans is 2.03(99.9% CI 2-2.0622), and of independents is 2.04 (95% CI 2.02-2.06). This is statistically significant at the p<.001 level. This means that Democrats tend to systematically live in less compact districts than do Republicans or independents. Thus, if the effects argued in this chapter are real, then they would tend to have greater impact on Democrats than either Republicans or independents. Mechanistically, this would also extend to the parties and campaigns themselves, making campaigning more difficult for Democrats than for Republicans. Using 7-point party identification (CCES 2008, question cc307a), we find a significant difference between strong Democrats and strong Republicans at the p<.O1 level and between not very strong Democrats and strong Republicans at the p<.05 level. The average Hill ratio of strong Democrats is 2.085 (99.9% CI 2.062-2.11) and of strong Republicans is 2.025 (99.9% CI 2-2.052). The average Hill ratio of not very strong Democrats is 2.09 (95% CI 2.06-2.13). This shows that the most staunch Democrats are apt to live in discompact districts while the most staunch Republicans are more likely to live in compact districts. Indeed, the next most dedicated group of Democrats live in even less compact districts than the strong 139 Democrats. Meanwhile, the independents and the weak partisans are much more similar in their compactness averages to Republicans than they are to Democrats. In order to get around the confounding nature of the results for some offices trending differently from what the theory predicts, the author developed a different method for evaluating the impact of compactness on voter knowledge. The zip code of each respondent was among the pieces of information collected in CCES 2008. Of the 32,800 respondents, 361 had a faulty zip code that did not match the state the respondent claimed. These were excluded from this analysis. No effort was made to determine if the state-matching zip codes were correct for the congressional district the respondent claimed to live in. From these zip codes, latitude and longitude were coded from thr Boutell zip code database representing a centroid point in the zip code. An additional 211 zip codes were not codable, mostly because the zip code was newly created. This left 32,228 respondents for this analysis, although the 67 coded responses from the District of Columbia were not used in the analyses that follow. The average latitude and longitude of all respondents in each congressional district was computed to determine a centroid point for each congressional district. (The term "centroid point" is used in this analysis to indicate that the point created herein does not necessarily correspond to the geographic center of the district or to the population center created using a different method.) Using an algorithm, the distance between each respondent's zip code and the centroid point for each congressional district in the same state was computed. Of course, some respondents are closer to the centroid point of congressional districts in other states than to other points in their own state and even their own district. However, there was no point in computing these distances because proximity to 140 congressional districts in other states is not information used by redistricters in creating congressional districts. The minimum distance to a congressional district centroid point within the state was computed, and respondents were coded whether this corresponded to their own district or not. Overall, 22,839, or 70.9 percent, of the respondents' zip code centroid points are closer to their own congressional district centroid points than to others in the same state. The significance of this measure is that the analysis of compactness ratios and voter knowledge above does not take into consideration that individual respondents may not reside in the panhandled parts of the districts; thus, from their standpoint, the district is seemingly a compact unit even though others at the periphery of the district may see things differently. If all districts were square, everyone would be closer to the center of their own district than to the center of any other district. Thus, the fact that individual respondents are closer to the centers of other districts than to the center of their own district means that they live in a panhandle, projection, extrusion, or some other kind of sinuosity, rather than in the center of the district. Computing the actual population centers of each of the 435 congressional districts is beyond the scope of this analysis (and not particularly useful since the finest level geography available in the CCES dataset is the zip code anyway), and using the zip code geography to generate a centroid point will suffice for this analysis. A chi-square analysis yielding odds ratios was computed for each of the voter information measures of CCES 2008. In each instance, the two groups of the chi-square are own-district closest (OC) and own-district not closest (NOC). The condition tested 141 for is knowledge of the voter information item (knows information = condition present; does not know information = condition absent). The key voter information items hypothesized to be linked to compactness are found to be significant in this analysis. First, knowledge of one's own member was had by 16,247 persons whose own district centroid point is closest to them and lacking in 6,328, or 71.97 percent who knew this. Among those whose own district centroid point is not the closest to them, 6,141 knew the member and 3,189 did not, meaning 65.82 percent did. By a factor of 1.0934, those in central parts of districts (as defined by the centroid of one's own district being closer than any other in-state district) have greater awareness of their own member's partisanship. This corresponds to an odds ratio of 1.333, with a Pearson chi-square of 119.25. This is significant at p<.0001. Second, the race of one's own member was given correctly by 19,186 in the OC group as opposed to 3,535 who gave an incorrect answer (84.44 percent correct). This compares to only 77.93 percent in the NOC group who got the answer right (7,317 correct; 2,072 incorrect). That is a factor of 1.0835 for those in the central part of the district, a rate very similar to the rate by which the knowledge of the OC group exceeded the NOC group on the partisanship of the member. This generates an odds ratio of 1.5369 and a chi-square of 195.36, also significant at p<.0001. Also corresponding to the hypothesis, voter information about other offices senior senator, junior senator, control of the U.S. Senate, control of the U.S. House, governor - is not related to whether one is closer to the center of one's own district than to the center of other districts in the same state. The relative factors (also known as risk ratios) and odds ratios are very close to one for each of the other offices, and the Pearson 142 chi-square coefficients are all less than one, with the p values all being too high to achieve significance. A complete table of these chi-square and odds ratio statistics comprise Table 2 at the end of this chapter. The only part of this data analysis that continues to confound is knowledge of party control of the lower house of the state legislature. While the pattern of by OC or NOC of knowledge of party control of the upper house of the state legislature is similar to the other statewide level knowledge items above, the chi-square coefficient pertaining to the lower house is 12.98, with a p value of a highly significant 0.000315. No explanation for these deviating results is obvious. While it is tempting to consider that perhaps states that gerrymander their congressional districts also gerrymander their state legislative districts, this does not explain why the result is significant for the lower house and not the upper house. Nor is it a satisfactory hypothesis for the information gap; the thesis for this chapter contends that non-compactness impacts the knowledge of voters of their own representatives, but it would not prevent them from knowing the partisanship of the leadership of their state's legislative chambers. A more likely explanation is that since overall, knowledge of control of state legislative chambers is low (when "don't know" responses are considered, less than half of CCES respondents are able to correctly identify the party that controls either house of their state legislature; this is considerably less than for the houses of Congress), eccentricities in the data and the patterns of information in particular states are apt to have a greater impact on this information than on other information which is more widely held. The finding that information about larger political offices tend not to be affected by compactness aligns well with research by Snyder and Str6mberg. They posit that their 143 key variable, congruence, while highly influencing the amount of coverage a newspaper gives a member should not influence the amount of coverage the newspaper gives to other topics, such as the majority party or U.S. senators. (This is not entirely correct, since some media markets overlap state lines, and there are apt to be state effects on coverage of senators much as the paper shows there are for house members. The newspapers and other media in the Boston media market assuredly give more coverage to Massachusetts senators than they do to those from New Hampshire.) They find that congruence is not correlated with political knowledge that is not tied to specific congressional districts (Snyder and Str6mberg 2010, 20). This ties in with the larger theories about redistricting and competitiveness posited by Campbell and others. One scholar noted, "Compared to gerrymandered districts, compact districts more effectively preserve political homogeneity, because they frustrate attempts to construct safe districts for incumbents or isolate opposition votes in certain districts." (Stem 1974, 414-415). The circulation areas of newspapers (which reflect age-old communication and transportation patterns) are key to how voters and MCs perceive each other. Snyder and StrSmberg characterize newspapers as "key provider[s] of information about congressmen." (Snyder and Str6mberg 2010, 23). Snyder and Str6mberg find overall that congruence affects voter information and even participation in many ways. Furthermore, they argue that this influences congressional voting behavior as congruence gives them greater incentive to align themselves with the interests of their district. (Snyder and Str6mberg 2010, 44). The impact of these findings on the compactness and voter knowledge thesis is that as compactness decreases, congruence is apt to decrease too and this therefore constitutes additional evidence that non-compact districting has a negative impact on voter information. Some scholars have noted the increasing tendency of voters to assort themselves geographically in particular ways and allege that compactness exacerbates such a sorting process. Erikson calls these "accidental gerrymanders" (Erikson 1972, 1237). Chen and Rodden put it this way: "Since the realignment of the party system, Democrats have tended to live in dense, homogenous neighborhoods that aggregate into landslide Democratic districts, while Republicans live in more sparsely populated neighborhoods that aggregate into geographically larger and more politically heterogeneous districts." (Chen and Rodden 2009, 27). However, they fail to find that the partisan bias they observe in recent elections in Florida are the result of intentional partisan gerrymandering. (Chen and Rodden 2009, 28) Instead, they caution against the assumption that electoral bias results from partisan gerrymandering. In this instance, they demonstrate that electoral bias results merely from the ordinary mobility of the electorate. Furthermore, they concede, "the best hope for Democrats to obtain a seat share that approximates their vote share in Florida would be to strategically draw long, narrow districts shaped like pie slices emanating from downtown Miami and Tampa into the suburban and rural periphery." This is contrary to the evaluation of Campbell, who contends, "So long as district boundaries are drawn with respect for established communities, with concern for geographic compactness and contiguity, and without regard to normal turnout levels in the proposed districts, the single-member-district electoral system should favor the party with low-turnout characteristics that tend to be also concentrated geographically." (Campbell 1996, 42). But Campbell argues that if, 145 inter alia, "districts were not drawn in such a way that there were no aggregate socioeconomic differences among districts, then the single-member-district system would not generate electoral bias based on turnout differences." (Campbell 1996, 42-43). Of course, the solution Chen & Rodden propose is an absurd one and one that can't be done in concert with establishing majority-minority districts under the aegis of the Voting Rights Act. It also can't be done in the context of most states having statutory or constitutional provisions mandating compact, contiguous districts. Furthermore, this idea contradicts the trend of courts considering districting plans under "communities of interest" theory dating back to the 1980s and probably earlier. The "pie-shaped" congressional districts of Minnesota in use in the 1970s (all but one outstate district reached into the Minneapolis-St. Paul area) were thrown out by the court in favor of a "four-four" plan that gave four cCity of fackson o Hinds County ... districts to the miles I% Jackson / 15% 2ek* 10 Miles Minneapolis-St. Paul area and four to outstate Concentrations of black population 1%Percent of citys b, Minnesota. (Schwab population. by district 1988, 46). Chen and Source: Monmonier 2001, 29, compiled from Parker 1990, 155-156. Rodden advocate an even more egregious plan that would extend districts like this not only into the metropolitan areas but right into the inner city. Doing so would probably not only reduce minority representation, it might even result in no representatives coming from the inner city at all. Consider, for example, the textbook case of racial gerrymandering to exclude minorities, 146 the redistricting of Hinds County, Mississippi in 1973 that divided Jackson's population, including its sizeable black population, among all five districts. (Monmonier 2001, 29). Similarly, Archer and Shelley explore redistricting scenarios using pie-shaped districts and conclude that inner-city issues would suffer under the implementation of such a scheme (Archer and Shelley 1986, 80). The solution, then, if there is one in the context of an SMP electoral system, is for Democrats not to segregate themselves in the core of urban areas. Thus, Chen and Rodden are implicitly calling for the SMP electoral system to be replaced by a system of proportional representation. Rather, the thesis of Chen and Rodden is harmonious with this dissertation and with other work cited herein; many scholars have noted the tendency for winners to take a larger share of seats than their vote share would seem to call for. Chen and Rodden over-demonize compactness as an ideal rather than focus on the advantages compactness brings to representation. Instead, they miss the larger picture (argued particularly in the compactness chapter) that Democrats accrued larger seat counts than presidential voting suggested they ought to have been getting in the 1966 to 1992 period. If the 2000 election showed that Republicans had an unfair bias in Florida, as Chen and Rodden allege, then that must mean Democrats had an unfair bias for a much longer period of time in many other places and in the U.S. as a whole. Chen and Rodden are not the first to allege that compactness can work against Democrats. In a highly polemical article, two legal advocates for Democrats in redistricting cases declare that compactness is not a neutral criterion for districting but rather one that systematically advances Republican interests due to the tendency of Democrats to cluster in urban areas (Lowenstein and Steinberg 1985, 23-24). Polsby and 147 Popper respond that the authors don't cite evidence that shows the ratio of Democrats to Republicans in Democratic districts is higher than the ratio of Republicans to Democrats in Republican districts (Polsby and Popper 1991, 334-335); Grofman characterizes their data as "sketchy to the point of nonexistence." (Grofinan 1985, 92). Tongue firmly in cheek, Shapiro points out, "proving that a government policy favors Republicans is no longer the knock-out blow it once was" - and with fairly good prescience, that a Supreme Court that attacks gerrymandering will strike down both Democratic and Republican gerrymanders and the public will not have much idea whose side was favored in the total score (Shapiro 1985, 237-238). Ultimately, what keeps gerrymandering from getting out of control is the tendency of the system to punish greed. Gerrymandering is a zero-sum game. The only way partisans can make their opponent's districts weaker is by making their own districts weaker. Legislators simply don't want to cede their "surplus votes" to make an adjacent district easier for the party to win. Polsby & Popper add that the most intricate gerrymanders are based on assumptions as to the partisanship of certain marginal districts, for which miscalculation will cause the gerrymander to backfire on the gerrymanderer. "A few unintentional marginal losses can eviscerate a gerrymander, because to be effective, a gerrymander must produce wins, not just in a majority of marginal districts, but in a supermajority of those districts." (Polsby and Popper 1991, 335). They further argue that in the context of a hypothesized gerrymander fomented by the process of compactness that Lowenstein & Steinberg deride, there is no reason to believe Republicans could carry a supermajority of the marginal districts and that such a mapping "may even redound to the Democratic Party's advantage where their core 148 districts were more irrefragably partisan than were the strongholds of the opposition." (Ibid.) No one denies that Democratic core districts are now more partisan than they were when that article was written. Moreover, even if those who question the neutrality of compactness and naturalboundary districts were correct, it would not be a legitimate reason to abandon the compactness ideal. If a party can only achieve a majority through gerrymandering, then perhaps that party ought not exist. Polsby & Popper point out that no such partisan argument saved the malapportioned districts of the pre-Baker era from the equipopulation standard. (Polsby and Popper 1991, 335-336). Shapiro adds that the problem of compactness favoring Republicans, if any, is not a function of districting but the distribution of Democratic and Republican voters. He contends that the only thing that can prevent such a scenario is "an affirmative gerrymander in favor of the Democratic Party." (Shapiro 1985, 238). He cites work by Grofman (Grofrnan 1985) that even after courts determine that gerrymandering is justiciable, the natural distribution of voters through residential clustering will continue to exist (Shapiro 1985, 240). He then argues himself, Neither party chose to represent whom they did because of their geographic stacking or dispersion or with an eye to how their choice would affect their electoral fortunes if the world were suddenly to come ungerrymandered. If geography favors the Republicans in an ungerrymandered world, that is a purely fortuitous result, unforeseeable by either party when it chose its ideologies and clienteles. Such stacking ought to be treated as extraneous to the goal of constraining the self-serving actions of legislatures. (Shapiro 1985, 240). 149 Compact districts are more functional than merely being "the 4th district of Massachusetts"; a compact district is part of and integrated with a community, a polity, a media market. In a functional district, people live and work there, attend school there, raise their children there, interact with others and share opinions and information there. They do not only vote there. Justice Powell wrote in Karcher, "A legislator cannot represent his constituents properly - nor can voters from a fragmented district exercise the ballot intelligently - when a voting district is nothing more than an artificial unit divorced from, and indeed often in conflict with, the various communities established in the State." (Powell, J., dissenting, Karcher v. Daggett, 1983, 462 US 725 at 787). A question to be answered in the future is whether the public at large cares about compactness in redistricting. Cain, among others, has argued that public knowledge of redistricting is so low that there is unlikely to be any wide knowledge of compactness effects. (Pildes and Niemi 1994, 538). (However, Pildes & Niemi themselves note that post-Shaw, courts are apt to reject Cain's argument. (Ibid.)) In the end, compactness produces not only procedural fairness but substantive fairness as well, when the end result is to produce districts that are more fair and functional for a greater number of voters. Schattschneider wrote nearly seven decades ago, "These are the forces engaged in a war of extermination for supremacy in Congress, the no man's land of American politics. It is a war of extermination because it is real, no mere game played for exercise." (Schattschneider 1942, 207). 150 Table 1. Compactness ratios (Hill) of voter congressional districts by voter knowledge, PID, and campaign contributions Knowledge item Party of House member Race of House member Party of senior senator Party of junior senator Party of governor Party of U.S. Senate Party of U.S. House Party of upper chamber Party of lower chamber No N (Yes) N (No) 2.095 2.154 22805 2.039 26973 24794 24083 26673 21405 22166 15445 15068 9718 5758 7789 8498 5948 11326 10565 16744 17324 1.979 2.077 1008 8636 ** 2.135 2.071 2.062 2.041 602 9402 NS 8308 1336 NS Yes 2.048 2.041 2.064 2.049 2.065 2.063 2.063 2.082 2.086 2.052 2.095 2.044 2.058 2.058 2.049 NS NS NS NS ** Participation item Gave to House candidate in own district Gave to House candidate in other district Gave to presidential cand 3 point PID Dem Rep Ind Other Not Sure 7 point PID Strong Dem Not very strong Dem Lean Dem Independent Lean Rep Not very strong Rep Strong Rep not sure *p<.05 **p<.01 ***p<.001 N Diff Dem ** 2.089 2.033 9864 7752 ** 2.042 6786 * 2.047 904 2.018 971 2.085 2.093 2.046 2.043 2.031 2.049 2.025 2.042 NS NS N 7174 Diff SD 2660 NS NS NS 2857 2600 2625 2333 Diff Rep NS NS NS Diff NVSD NS NS NS NS NS NS NS 5399 546 ****p<.0001 Source: Cooperative Congressional Election Study, 2008 151 Diff LID NS NS Diff Ind NS NS NS NS NS NS NS NS NS NS NS NS Dif LR Diff NVSR Diff SR * NS ** * NS NS NS NS NS -- NS NS -- NS NS NS NS NS NS NS NS NS * TABLE 2. Chi-square analysis of proximity of repondents to the centroid of their own district Knows information__________ Party of own member Own dist closer (OC) Own dist not closer (NOC) Race of own member Own dist closer (OC) Own dist not closer (NOC) Yes No Rate Factor Odds OR xA2 16247 6328 72.0% 1.093 2.568 1.833 119.25 <.0001 6141 3189 65.8% 19186 3535 84.4% 1.537 195.36 <.0001 7317 2072 77.9% 0.972 0.81 0.3681 Own dist not closer (NOC) 0.990 0.12 0.7290 0.973 0.93 0.3349 0.984 0.38 0.5376 1.008 0.09 0.7642 1.926 ___ Party of governor____ Own dist closer (OC) p __ ____ _ _ 3.531 4147 81.7% 7682 1673 82.1% 17213 5412 76.1% 7124 2218 76.3% ____ _____ _____ 18502 5.427 1.084 4.462 0.995 4.592 Party of senior U.S. senator Own dist closer (OC) Own dist not closer (NOC) 3.212 Party of junior U.S. senator Own dist closer (OC) Own dist not closer (NOC) 3.181 0.998 ________ ____ 16703 73.8% 5917 0.993 2.823 2.901 6947 2395 74.4% 14819 7724 65.7% 6160 3160 66.1% 15387 7216 68.1% 6338 2996 67.9% Party control of state upper house 10626 Own dist closer (OC) 4524 Own dist not closer (NOC) 3261 1316 76.5% 77.5% 0.988 3.258 3.438 0.948 2.07 0.1502 Party control of state lower house 10340 Own dist closer (OC) 2829 78.5% 0.971 3.655 0.865 12.98 0.0003 Party control of U.S. Senate Own dist closer (OC) Own dist not closer (NOC) Party control of U.S. House Own dist closer (OC) Own dist not closer (NOC) Own dist not closer (NOC) 0.995 1.919 1.949 ____ 4450 1053 80.9% 1.003 2.132 2.116 4.226 BIBLIOGRAPHY Abramowitz, Alan I., Brad Alexander, and Matthew Gunning. 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PoliticalGeography28 (2009): 451-462. Young, H. Peyton. "Measuring the Compactness of Legislative Districts." Legislative Studies Quarterly 13 (1988): 105-115. NEIGHBORING CONGRESSIONAL DISTRICTS IN TEXAS 1932-1964 Compactness 12th 5th Cox 0.779 0.783 A&A Nagel Hill 0.470 1.133 1.004 0.466 1.130 1.001 TWO CURRENT TEXAS DISTRICTS Measure Cox A&A Nagel Hill Ranking 19th District 12th District 0.155 0.919 2.539 2.250 1581/1899 0.444 0.745 1.500 1.329 329/1899 FIVE CURRENT HOUSTON-AREA DISTRICTS Measure Cox A&A Nagel Hill Ranking CD 18 CD 7 0.111 0.175 0.943 0.908 2.996 2.392 2.655 2.120 1503/1899 1736/1899 CD 29 CD 9 0.116 0.145 0.940 0.924 2.938 2.623 2.604 2.324 1626/1899 1726/1899 18 CD 22 0.102 0.948 3.133 2.776 1763/1899 I Arizona CD 4 (Hill 1.16) MOST COMPACT DISTRICTS IN UNITED STATES AND CANADA Langley ridinq, B.C. (Hill 1.03) Ohio CD 3 (Hill 1.91) MEDIAN COMPACT DISTRICTS IN UNITED STATES AND CANADA Mount Royal riding, Que. (Hill 1.36) Florida CD 4 (Hill 5.40) LEAST COMPACT DISTRICTS IN UNITED STATES AND CANADA Okanagan-Coquihalla riding, B.C. (Hill 2.09) THEBETTMANN ARCHIVE GERRYMANDER, a fictional creature based on the shape of an electoral district of Massachusetts, as set up for political reasons. Measure Cox A&A Nagel Hill Ranking Gerry 0.084 0.957 3.444 3.052 1807/1899