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Gerrymandering in the United States
U.S. congressional districts covering Travis County, Texas (outlined in red) in 2002, left, and 2004, right. In 2003, the majority of Republicans in the Texas legislature redistricted the state, diluting the voting power of the heavily Democratic county by parcelling its residents out to more Republican districts.
Shaw v. Reno was a United States Supreme Court case involving the redistricting and racial gerrymandering of North Carolina's 12th congressional district (pictured).
The United States, among the first with an elected representative government, eventually named the practice. Incidents precedes the 1789 election of the First U.S. Congress. In 1788, Patrick Henry and his Anti-Federalist allies were in control of the Virginia House of Delegates. They drew the boundaries of Virginia's 5th congressional district in an unsuccessful attempt to keep James Madison out of the U.S. House of Representatives.[70]
The practice of gerrymandering the borders of new states continued past the Civil War and into the late 19th century. The Republican Party used its control of Congress to secure the admission of more states in territories friendly to their party—the admission of Dakota Territory as two states instead of one being a notable example. By the rules for representation in the Electoral College, each new state carried at least three electoral votes regardless of its population.[71]
All redistricting in the United States has been contentious because it has been controlled by political parties vying for power. As a consequence of the decennial census required by the United States Constitution, districts for members of the House of Representatives typically need to be redrawn. In many states, state legislatures have redrawn boundaries for state legislative districts at the same time.
State legislatures have used gerrymandering along racial lines both to decrease and increase minority representation in state governments and congressional delegations. In the state of Ohio, a conversation between Republican officials was recorded that demonstrated that redistricting was being done to aid their political candidates. Furthermore, the discussions assessed race of voters as a factor in redistricting, because African-Americans had backed Democratic candidates. Republicans apparently removed approximately 13,000 African American voters from the district of Jim Raussen, a Republican candidate for the House of Representatives, in an attempt to tip the scales in what was once a competitive district for Democratic candidates.[72]
With the Civil Rights Movement and passage of the Voting Rights Act of 1965, federal enforcement and protections of suffrage for all citizens were enacted. Gerrymandering for the purpose of reducing the political influence of a racial or ethnic minority group was prohibited. After the Voting Rights Act of 1965 was passed, some states created "majority-minority" districts to enhance minority voting strength. This practice, also called "affirmative gerrymandering", was supposed to redress historic discrimination and ensure that ethnic minorities would gain some seats and representation in government. Since the 1990s, however, gerrymandering based solely on racial data has been ruled unconstitutional by the United States Supreme Court under the Fourteenth Amendment, first in Shaw v. Reno (1993) and subsequently in Miller v. Johnson (1995).
In some states, bipartisan gerrymandering is the norm. State legislators from both parties sometimes agree to draw congressional district boundaries in a way that ensures the re-election of most or all incumbent representatives from both parties.
Rather than allowing more political influence, some states have shifted redistricting authority from politicians and given it to non-partisan redistricting commissions. The states of Washington,[73] Arizona,[74] and California[75] have created standing committees for redistricting following the 2010 census. Rhode Island[76] and New Jersey[77] have developed ad hoc committees, but developed the past two decennial reapportionments tied to new census data. Florida's amendments 5 and 6, meanwhile, established rules for the creation of districts but did not mandate an independent commission.[78]
International election observers from the Organization for Security and Co-operation in Europe Office for Democratic Institutions and Human Rights, who were invited to observe and report on the 2004 national elections, expressed criticism of the U.S. congressional redistricting process and made a recommendation that the procedures be reviewed to ensure genuine competitiveness of Congressional election contests.[79]
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