Franklin Kury is a former member of the Pennsylvania State Senate, serving 1973-1980. Just last year he published a book about Pennsylvania’s bout of gerrymandering after the 2010 census, documented as one of the worst in the nation.
The League of Women Voters challenge to the maps yielded a win for voters. In 2018 the state Supreme Court handed down what has turned out to be a landmark ruling:
“For the first time, those seeking a new Congressional districting plan went to the state courts and relied solely on state law.”SCOTUS relied on this ruling as they looked at gerrymandering in their decision handed down at the end of June 2019. SCOTUS decided it would not decide gerrymander cases through the judiciary at the federal level because it is inherently political. They cited the PA decision to show that state courts can decide these things, effectively handing the fight back to the states.
Gerrymandered states wonder what exactly that means. If the judiciary at the federal level can’t make the call on what is a gerrymander, why can the state courts decide these things? This is the source of the disagreement between the assent and dissent on the latest SCOTUS decision concerning gerrymandering.
Kury’s book came out before the latest SCOTUS decision, so is merely speculative on how the court would weigh in. Meanwhile, he describes the problem Pennsylvania continues to have with gerrymanders in the electoral districts for state legislative offices. According to the PA constitution, “municipalities and counties should not be divided more than is required by population plus one.”
By that criterion, Pennsylvania’s Butler County should have three state house members, but has seven. It also has three senators, when it should have only one based upon population. Montgomery County should have 13 state house members but it has 18 and twice as many senators -- 6 v. 3. The list goes on. And that doesn’t even touch the problem of cities, chopped to bits, pieces of which are roped in with their rural surrounds.
Pennsylvania’s legislative electoral maps effectively shut out all but one party in power. That party, the Republicans, have such a firm hold on their caucus they don’t even primary their candidates. They hold private local meetings wherein they choose who will go on the ballot. There is only one candidate per office when it comes time to primary. And of course the general has that same single candidate once again.
The minority challenger party can have a raft of candidates to choose from, but because they are not using ranked-choice voting, sometimes a less desirable candidate comes up higher on the list than anyone wants. And since Republican ballots are single candidates, Dems with more than one candidate per office will suffer the count. Don’t even mention Independents or third-party voters: they can’t vote in primaries unless they register with one of the major parties.
Kury’s book explains where the term ‘gerrymandering’ comes from and moves quickly to discussing RedMAP and the Republican attempt to take back the House of Representatives, which they calculated might be done by focusing on ‘cheaper’ state races and controlling redistricting. By ‘cheaper’ they meant less expensive purchases of advertisements, events, and media influencers than trying to put in national candidates the same way. They were right about that.
What is riveting about gerrymandering is that it is so clearly unfair. Pennsylvania is a state that used to take its fairness and integrity seriously. Once awakened to partisan gerrymandering, it is difficult not to see it everywhere. Even states who have tried to fix the problem by instituting an independent citizens redistricting commission have been accused of gerrymandering because of their mapping choices. Kury writes up a few of the more famous instances of independent commissions, which it turns out, come in many different sizes and with a wide range of decision-making authority.
Best of all, Kury’s book lists resources that will help any individual struggling with redistricting issues in their own state to find what happened elsewhere. He discusses redistricting software and some of the issues that arise when one tries to map districts from scratch. That’s the thing with gerrymandering: one wants to see how others dealt with it to see if their solutions will work. For Pennsylvania, the struggle to claw back voters rights continues.
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