David Daley wants us to feel good about ordinary citizen attempts to push back on states and national political parties for constraining our voting rights, documented in so many states across our Union.
But in doing so he also shows us how the fight in many states has become more and more bitterly partisan, particularly when savvy grassroots organizing leads to galvanizing wins…and then to resurgent attempts by a weakened party apparatus to find legal grounds to reject the changes sought, reneging on promises made.
A win in this climate is not really a win. It is a way station on a mountain path, a peak not yet crested. Perhaps that is the lesson of this endeavor: we never arrive but must fight for our democracy every. single. day.
Daley has an entertaining style that distracts little from technical, tactical battles being fought in each state. New Voter ID requirements, hurdles to ballot initiatives, restrictions on voter registration or absentee balloting, egregious gerrymandering: these are the things voters around America are worked up about, and fighting against.
Each state has different objective conditions, but in each it appears that the popular resistance is fighting a statewide battle while legislators seeking to preserve their position are receiving instructions and money from their national party. The fight is unequal in funding and reach but also unequal in ingenuity and persistence. It is heartening to see that better funding is not always the sign of a winning hand.
The gerrymandering battle fought in deep-Red Utah resulted in a win for the ballot initiative in 2018 but in 2020 the legislature forced Better Boundaries, Utah’s anti-gerrymandering group, to accept a compromise solution that allows incumbent information to be used when creating maps, and instituting the requirement that legislators do not have to accept proposed maps. This shows the weakness of ballot initiatives. They are easier to pass…and easier to repeal.
In Michigan the redistricting reform petition led by a youthful reformer profiled in the recently released documentary Slay the Dragon got onto the ballot in 2018 and passed with some 61% of the vote. Since then however, the Republican-dominated legislature first tried to defund the commission and then filed in federal court declaring the commission unconstitutional. A call went out early 2020, nonetheless, to all eligible voters in Michigan to apply to become a part of the new redistricting commission. As of this writing in April, over 6,000 citizens have responded to the call to establish a 13-member commission. Applications close in July.
Daley shows us that “when voters are given a choice, fairness wins…more than a three-quarters of the congressional seats that changed hands in 2018 were drawn by either commissions or courts. Fairer districts led not only to more competitive races, but also to election results that were responsive to a shift in public opinion.”
Missouri voters initiated a constitutional amendment mandating fair maps and the state legislature immediately proposed an amendment to disarm the citizens’ initiative. New commission requirements adopted in Ohio continue to give a role to legislators, and to require a role for judiciary if commissioners cannot agree.
At the risk of sounding despairing, I will note that I am a member of the rebellion…in Pennsylvania…to end partisan gerrymandering. We were in the last four months of an accelerating squeeze on the state legislature to pass legislation that will allow us to create an independent redistricting commission based on the California model: eleven commissioners randomly-selected from a vetted pool of regular PA citizenry. The corona virus stopped us cold.
Daley mentions Pennsylvania among his descriptions of states fighting back against legislative overreach, describing the astounding win handed to anti-gerrymandering forces by the State Supreme Court in 2018 who ruled that the 2010 congressional maps and the remedial map were badly skewed to protect ruling party interests in the state. A special master from out-of-state drew new maps used in the 2018 election for congressional districts, leveling the playing field a little. The fix was temporary and left state legislators free to do it all again in 2021.
The fight for fairer state legislative district maps continues in Pennsylvania and that is where we left it in early March when corona came calling. At least now we have time to look around at the changes elsewhere and see where we stand. Zachary Roth of the Brennan Center thinks states are winning the fight against gerrymandering, and I want it to be true. It is a never-ending battle, and we need all those who value liberty to stand with us and demand protection for our rights.
The end of Daley’s book leaves all of us reformers across the country in the same unsettled place. Daley interviews conservative, former Republican writers and pundits and comes to the conclusion that the party is so changed and susceptible to authoritarianism that it may not survive its own evolution. Our democracy probably won’t survive their evolution, either.
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