LEAGUE OF WOMEN VOTERS® OF PENNSYLVANIA 226 Forster Street, Harrisburg, PA 17102-3220 717.234.1576 Making Democracy Work® Grassroots leadership since 1920 November 18, 2011 League of Women Voters of Pennsylvania Testimony on Preliminary Legislative Reapportionment Plans for The Pennsylvania House and Senate Before the 2011 Legislative Apportionment Commission The League of Women Voters of Pennsylvania appreciates this opportunity to submit testimony regarding the Preliminary Legislative Reapportionment Plans adopted by the Commission on October 31, 2011. The Pennsylvania League has been following the redistricting issue for decades. In 2008 we were actively involved in drafting legislation we believed would put an end to the highly secretive process by which legislative and congressional districts are redrawn and result in maps that put the interests of the voters first. When our proposed amendment to the PA Constitution failed, despite having a bipartisan list of 95 House cosponsors, we sought to bring about reforms through legislation. A reform proposal was passed unanimously out of the House State Government Committee but was never permitted to go to the floor for a vote. Determined to press on for a fair and transparent process, we met with Senate Majority Leader Dominic Pileggi early this year with suggestions for transparency and public input. These included creation of a website where citizens could access information as the process unfolded and a series of public hearings in various regions of the state prior to drafting a preliminary plan. We commend the Commission for creating the website which contains a wealth of information. It also provides a way for interested persons to be alerted when new information is posted. The maps allowing citizens to view overlays which compare maps of current and proposed districts are particularly helpful. We also commend the Commission for holding three public hearing and posting videos and testimony on the website. Unfortunately, we cannot say that increased transparency and public accessibility has resulted in a better product. Based on news reports and our preliminary analysis, it appears some districts have been redrawn for the sole purpose of protecting the reelection prospects of incumbent legislators or successors from their respective parties. If adopted, the redrawn Senate 1 District 15 would become the new poster-child for partisan gerrymandering. In Delaware County, the tiny borough of Swarthmore would be split between two House Districts as would Haverford Township. In all three cases, the splits have no apparent justification other than to create safer districts for incumbents. We are sure these hearings will reveal more examples. Partisan Gerrymandering may be good for politicians but it is not good for voters especially when it dilutes the voting strength of cohesive communities. Furthermore, such splits clearly violate Article II, Section 16 of the PA Constitution which says: “Unless absolutely necessary, no county, city, incorporated town, borough, township or ward shall be divided in forming either a senatorial or representative district.” The Commission has offered no justification for the above described splits. Instead, the burden of proof has been placed on those who plan to file exceptions, to show that alternatives are possible. This is clearly undemocratic. The sophisticated software needed to draw alternative maps is not readily available to most citizens. To make the process more transparent the League requests the Commission do the following: 1. Post on the website all alternative plans that were considered but rejected, all alternative plans submitted to the Commission explanations for why divisions of counties and municipalities were absolutely necessary, all communications to the Commission or individual Commission members concerning redistricting, and all comments and testimony on and exceptions to the Preliminary Plan. 2. Hold additional hearings on the Preliminary Plans, at a minimum, in Allegheny County and the Southeastern PA region. In addition to prohibiting the dividing of boroughs, townships, wards, etc. unless “absolutely necessary, Article II, Section 16 of the Pennsylvania Constitution also states that senatorial and representative districts “shall be composed of compact and contiguous territory as nearly equal in population as possible.” Unfortunately, there are no parameters in state law by which to judge adherence to these criteria. If there were, the PA Supreme Court which hears appeals to redistricting plans would have some basis on which to rule their constitutionality. Earlier this year the League submitted a “Proposal for Fairness and Transparency for Redistricting in 2011 which is appended to this testimony. It included recommendations for such parameters. One criterion, compactness or shape, is often used to show whether a district has been created fairly or has been gerrymandered. The League recognizes that shape alone does not 2 mean a district was unfairly gerrymandered. Other considerations should take precedence over compactness. These include population equality, adherence to the Voting Rights Act, and keeping communities of interest including counties, municipalities and wards, etc. intact. However, a district which has a low score on a compactness measure does indicate a need for further examination to determine if there are alternatives that would meet the demands of other criteria. Numerous methods or “metrics” are available to measure compactness. Azavea, the Philadelphia based geospacial software development company, www.Azavea.com , has a history of measuring the compactness of redistricting plans. They have kindly provided the League with a spreadsheet analysis of the Preliminary Legislative Redistricting plan which includes compactness scores using four commonly used metrics. The file has four spreadsheets – current and proposed Senate data and current and proposed House data. Azavea also calculated the average compactness of all districts statewide using each metric. The data is summarized in a table attached to this testimony. They show that there is not much difference in the average compactness scores of the current and proposed House and Senate maps. On a scale of 0 to1, with zero being least compact, the average scores range from 0.7 to 0.2 depending on the metric used. On the other hand, the scores of individual districts are more revealing. Azavea identified the least and most compact Senate and House districts. Two of the metrics score proposed Senate District 15, currently held by Senator Piccola (R-Dauphin, York), as the least compact of all the proposed Senate Districts. All four metrics show a significant drop in compactness from the current map. In another example, all four metrics score proposed Philadelphia House District 202, currently held by Rep. Mark Cohen (D-Philadelphia), the least compact of all House districts with scores ranging from near zero to 0.4. In this case all four compactness measure fell slightly from that of the current map. The proposed map splits tiny Swarthmore Borough between HD 161 currently represented by Rep. Joseph Hackett (R-Delaware) and HD159, currently represented by Rep. Thaddeus Kirkland (D-Delaware). Under all but one of the metrics used, the compactness scores for both these districts would fall below that of the current map. Furthermore visually it appears the map-makers went out of their way to extend the boundaries of HD 159 from Chester through a piece of Nether Providence to capture part of Swarthmore. If the boundary needed to be expanded because of population growth, could it not have captured more of Upper Chichester which shares a boundary with Chester and is already partly in HD 159? Similarly, under the proposed map, Haverford would be split between HD 163, currently represented by Rep. Nicholas Micozzie (R-Delaware) and HD 166, currently represented by Rep. Greg Vitali (D-Delaware). The compactness scores for both districts would 3 fall below their current levels. The total population of Haverford is 61,908, only slightly below the 62573, the ideal size for a House District. Why did Haverford need to be split? These are just a few examples of changes we believe merit explanation by the Commission. This concludes our testimony. Thank you again for this opportunity to testify. APPENDIX I COMPACTNESS SCORES FOR SELECTED CURRENT AND PROPOSED SENATE AND HOUSE DISTRICTS __________________COMPACTNESS METHOD_____________________________ District Reock Area/Convex Hull Polsby-Popper Schwartzberg SD 15 Current .312 .72 .28 .53 Proposed .27 .48 .09 .294 HD 202 Current .17 .37 .07 .29 .116 .37 .057 .239 .22 .48 .127 .39 .247 .427 .06 .256 .37 .76 .34 .58 .298 .666 .226 .47 .37 .79 .28 .53 .286 .62 .18 .42 .40 .73 .38 .62 .36 .726 .26 .50 Proposed HD 161 Current Proposed HD 159 Current Proposed HD 166 Current Proposed HD 163 Current Proposed Range is 0 to 1 with a score of 0 being the least compact and a score of 1 being the most compact 4 APPENDIX I continued COMPOSITE AVERAGE AND MAXIMUM AND MINIMUN SCORE FOR SENATE AND HOUSE DISTRICTS Chamber Reock Area/Convex Hull Polsby-Popper Schwartzberg Minimum .17 (SD 3) .34 (SD 3) .09 (SD 3) .292 (SD 3) Maximum .54 (SD 4) .914 (SD 30) .56 (SD30) .75 (SD 30) Average .35 .668 .232 .471 Min .17 (SD 3) .34 (SD3) .09 (SD15) .294 (SD 15) Max .58 (SD 4) .901 (SD 49) .593 (SD49) .77 (SD 49) Avg .374 .678 .242 .481 Min .144 (HD 27) .377 (HD170 .071 (HD 202) .271 (SD 19) Max .614.((HD 78) .958 (HD 68) .678 (HD 68) .824 (SD 68) Avg .38 .698 .279 .516 Min .116 (HD 202) .37 (HD 202) .057 (HD 202) .239 (HD 202) Max .613 (HD 90) .948 (HD 28) .715 (HD 28) .846 (HD 28) Avg .374 .694 .268 .507 Senate Current Senate Proposed House Current House Proposed Range is 0 to 1 with a score of 0 being the least compact and a score of 1 being the most compact 5 APPENDIX II A PROPOSAL FOR FAIRNESS AND TRANSPARENCY FOR REDISTRICTING IN 2011 1. In designing districts no access to or use should be made of the following information: (a) Party affiliation data of any political subdivision; (b) Voting histories of any political subdivision; (c) The location of residences of any incumbent official, candidate, or other person; 2. Any data that is to be used in drafting a redistricting plan, the preliminary and any revised plan, notice of commission meetings and public hearings, transcripts of testimony presented at public meetings, and any written testimony is to be posted on the Internet and otherwise made available to the public within 48 hours of it being received. 3. All Commission and legislative committee meetings dealing with redistricting are to be publicly advertised widely and open to the public. 4. All communications concerning any redistricting plan are to be in writing and made part of the public record. 5. Prior to the drafting of a Preliminary Plan, public hearings shall be held in five different regions of the Commonwealth to solicit public input on their expectations relevant to redistricting. 6. Upon publication of the Preliminary Plan, a second series of public hearings shall be held in five different regions of the Commonwealth. 7. Any Revised Plan is to be accompanied by an explanation for the revisions. 8. Apply the standards set forth in Article II, section 16 of the PA Constitution regarding legislative districts to Congressional districts as well. If there are conflicts in meeting these standards, require that the following criteria be applied listed in rank order: First - All districts shall have a population as nearly equal as practicable to the ideal population for the districts, as determined by dividing the number of districts to be established into the population of this Commonwealth reported in the Federal decennial census. No district shall have a population that deviates more than .75% from the ideal population for that district nor shall the district with the highest population deviate more than 1.5% from the district with the smallest population. Second –Unless absolutely necessary no county, city, incorporated town, borough, township or ward shall be divided in forming a congressional, senatorial or representative district. No such entity shall be divided more than once until all other entities of the same or larger population have been divided at least once. 6 Third - All districts shall be composed of geographically contiguous territory. Districts having sections that meet only at the points of adjoining corners shall not be considered contiguous. Fourth - Districts shall be reasonably geographically compact in form with a compactness measurement of not less than 15% of the total ideal measurement for the district but the above criteria shall take precedence over compactness. The ideal compactness measurement for any district shall be a ratio of one to one of the dispersion of population about the population center of the district to the dispersion of population about the geographic center of the district. Any plan which deviates from any of these criteria shall be accompanied with a specific explanation defining why the deviation is necessary and alternate plans that were considered that would have avoided the deviation. 7