Another Look At Gerrymandering

This week, the Supreme Court will hear oral arguments in an important gerrymandering case on appeal from Wisconsin. Regular readers are undoubtedly tired of my posts about gerrymandering, but this seems an apt time to share remarks I recently made to the Washington Township Democratic Club, summarizing the issues.

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I’ve always believed that gerrymandering is a frontal assault on democracy, but a recent electoral analysis from the Cook Report really brought home the extent of that assault: one out of twenty Americans currently lives in a competitive Congressional District.

Think about that for a minute.

How did we get to a place where—as Common Cause puts it—legislators are choosing their voters rather than the other way around? And what can we do about it?

Let me address three aspects of our current situation: first, a brief recap of the effects of partisan redistricting;  second, an even briefer reference to the academic literature on the subject; and finally, the possibility that an upcoming Supreme Court case will provide a legal remedy.

First, a recap:

As we all know, whichever party holds a majority in the statehouse in the year following the census wins the privilege of drawing maps that will control the political agenda for the state for the ensuing ten years.

1) the goal is to draw as many “safe” seats as possible–more for the party in charge, of course, but also for the minority party, because in order to retain control, the winners need to cram as many of the losers into as few districts as possible, and those districts are also safe. This process is sometimes called “cracking” and “packing.” We have engaged in this effort since the time of Vice-President Gerry, for whom the process is named –and he signed the Declaration of Independence!– but computers have made the process far, far more efficient.

2) Neighborhoods, cities, towns, townships–even precincts–are evaluated solely on the basis of voting history, and then broken up to meet the political needs of mapmakers. Numbers are what drive the results–not compactness of districts, not communities of interest, and certainly not democratic competitiveness. (I will point out that the numbers used for these calculations are previous votes—if we could get a significant number of people who haven’t previously voted to the polls, there would be far fewer safe seats.)

Some of the results of this partisan process are obvious:

1) The interests of cities, neighborhoods, etc., are less likely to be represented.

2) Safe districts create sloppy legislators: if you are guaranteed victory every election, it is hard to be motivated and interested, easy to become lazy and arrogant.

3) Party preoccupation with gerrymandering consumes an enormous amount of money and energy that could arguably be better directed.

4) Safe seats allow politicians to scuttle popular measures without fear of retribution: Milo Smith, for example, occupies a safe seat in Bartholomew County, and felt perfectly free to single-handedly kill redistricting reform last year.

5) Lack of competitiveness also makes it very difficult to trace campaign donations, since unopposed candidates send their unneeded money to those running in competitive districts. So when the folks with “Family Friendly Libraries” send a check to Rep. Censor, who is unopposed, he then sends it to Sen. MeToo, who is in a hot race; but Sen. MeToo’s campaign report shows only a contribution from Rep. Censor.

These are just a few of the more obvious effects of gerrymandering, and they are all worrisome. But there are two other consequences that deserve special attention, because they undermine the very foundations of democracy.

First, the lack of competitiveness breeds voter apathy and reduced political participation. Why get involved when the result is foreordained? Why donate to a sure loser? For that matter, unless you are trying to buy political influence for some reason, why donate to a sure winner? Why volunteer or vote?

It isn’t only voters who lack incentives for participation: it is very difficult to recruit credible candidates to run on the ticket of the “sure loser” party. As a result, in many of these races, even when there are competing candidates on the general election ballot, the reality is usually a “choice” between a heavily favored incumbent and a marginal candidate who offers no new ideas, no energy, and no genuine challenge. And in increasing numbers of statehouse districts, the incumbent or his chosen successor is unopposed even by a token candidate. Of the 100 seats in the Indiana House last November, all of which were on the ballot, 32 candidates ran unopposed.

We hear a lot about voter apathy, as if it were a moral deficiency of the voters. Allow me to suggest that it may be a highly rational response to noncompetitive politics. Watch those same “apathetic” folks at a local zoning hearing when a liquor store wants to go in down the street! Rational people save their efforts for places where those efforts count, and thanks to the increasing lack of competitiveness, those places often do not include the voting booth.

Second, and even more pernicious, gerrymandering has contributed to the polarization of American politics, and our current gridlock. When a district is safe for one party, the only way to oppose an incumbent is in the primary–and that almost always means that the challenge will come from the “flank” or extreme. When the primary is effectively the general election, the battle takes place among the party faithful, who also tend to be the most ideological of voters. So Republican incumbents will be challenged by the Right and Democratic incumbents will be attacked from the Left. Even where those challenges fail, they leave a powerful incentive for the incumbent to toe the line– to placate the most rigid elements of the party. Instead of the system working as intended, with both parties nominating folks they think will be most likely to attract support from a broad constituency, we get nominees who have been chosen by the most extreme voters on each side of the philosophical divide. Then we wonder why they can’t compromise and get the people’s business accomplished!

Until and unless we eliminate gerrymandering, whoever we send to Washington will by stymied by the intransigence and gridlock that is an inevitable consequence of the current system. And–perhaps even worse– reduced voter participation has significant implications for the legitimacy of government action. Is a Representative truly representative when he/she is elected by 10% or 20% of the voters in the district?

Eliminating gerrymandering won’t magically make all districts competitive. (Big Sort) But when I was doing research for an academic article on redistricting, I was stunned by the number of scholars who simply dismissed the role of redistricting in the creation of safe districts—they attributed the well-documented incumbency advantages to things like better fundraising and weak opponents. I hate to be snarky, but that’s what you get from people whose understanding of politics is entirely abstract, and divorced from real-world experience. Of course incumbents raise more money and have weak opponents—it’s because they have safe seats. File under “duh.” (Reading those articles reminded me of Lee Hamilton’s remark—I think it was in the wake of Citizens United –to the effect that the Supreme Court could do with fewer Harvard Law graduates and more Justices who had once been county sheriffs….)

Interestingly, I found one of the best and most complete reviews of recent scholarly literature on the effects of partisan redistricting in an amicus brief filed by Thomas Mann and Norman Orenstein in the case of Harris v. Arizona Redistricting Commission. Mann is a Democrat and Orenstein is—or at least was—a Republican; they are both political scientists and they’ve written extensively about redistricting. In the brief, they cited to studies that tied redistricting to the advantages of incumbency, and they also made an interesting point that I’d not previously considered: the reliance by House candidates upon maps drawn by state-level politicians operates to reinforce what they described as “partisan rigidity.” (If you want to see how that works, I recommend Ratfucked, a recent and very informative book that documents the Republicans’ nationwide gerrymander in 2010.)

Mann and Orenstein also cited to a really interesting article in which researchers investigated whether representatives elected from districts drawn by independent commissions are less partisan. This matters, because redistricting reform is unlikely to change state-level party dominance. We all know that even if Indiana reforms its redistricting practices, Republicans will continue to control the state, albeit probably not with today’s Super-Majority. This will still be a Red State. Would the Republicans elected from non-gerrymandered districts suddenly become less partisan? Surprisingly, the answer is yes. Here’s the conclusion of the scholars who researched that question.

“Contrary to the initial expectations of the authors, the evidence reviewed here suggests that politically independent redistricting seems to reduce partisanship in the voting behavior of congressional delegations from affected states in statistically significant ways.”

Changing redistricting practices through the political system is a pretty daunting task, as we’ve seen here in Indiana. So let me just conclude by addressing the prospects for a court-imposed solution.

As most of you know, the Court has refused to allow racially discriminatory redistricting. But it has declined to intervene in the handful of cases it has heard alleging partisan redistricting, for a couple of reasons.

In fact, the Court only narrowly held that claims of partisan gerrymandering are justiciable under the 14th Amendment’s Equal Protection Clause—four Justices would have ruled that gerrymandering is a “political question” and the Court shouldn’t even hear such challenges. Even the five Justices who agreed that the Court could properly intervene concluded that a discrepancy between the percentage of votes garnered by a political party and the number of seats that party ultimately won was insufficient to demonstrate both partisan purpose and effect.

The problem the Court identified was lack of a reliable standard or formula for determining when a district had been intentionally gerrymandered. The Court has held that plaintiffs must prove both discriminatory intent and discriminatory effect, and that “unconstitutional discrimination occurs only when an electoral system is arranged in a manner that will consistently degrade a voter’s or a group of voters’ influence on the political process as a whole.”  Proving that requires a test that the Court can apply, and as of the last challenge heard by the Court, no such test had been developed.

Until now.

In “Partisan Gerrymandering and the Efficiency Gap,” two political science professors from the University of Chicago proposed a standard they call the “efficiency gap,” using the concept of “wasted votes.”  The efficiency gap is the difference between the parties’ respective wasted votes in an election, divided by the total number of votes cast. “Wasted” votes are ballots that don’t contribute to victory for candidates; they may be lost votes cast for candidates who are defeated, or surplus votes cast for winning candidates in excess of what they needed to win. When a party gerrymanders a state, it tries to maximize the wasted votes for the opposing party while minimizing its own, and that produces an efficiency gap. In a state with perfect partisan symmetry and no gerrymandering, both parties would have the same number of wasted votes. As a matter of simple arithmetic, the efficiency gap is equal to a party’s undeserved seat share.

in Gill v.Whitford, Democrats are relying on the efficiency gap test to demonstrate gerrymandering in Wisconsin. The state has appealed from a judgment by a three-judge federal panel that applied the test, ruled that the maps were an unconstitutional gerrymander, and ordered the Wisconsin Legislature to redraw them.

If the Supreme Court agrees with that three-judge panel, we may finally have a tool to force State Legislatures to reform their redistricting practices. We shouldn’t kid ourselves that it will be easy; elected officials aren’t going to cheerfully relinquish the tools that have given them power. It will take civic pressure, political will and probably additional litigation.

But eventually, we might live in a country where more than one in twenty Americans has an actual legislative choice at the ballot box.

Thank you.

 

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The Three “I”s

Let’s deconstruct the issue of economic growth.

If there is one thing all politicians support, at every level of government, it is growing the economy. Unfortunately, few of those political figures recognize the economic effects of their other policy preoccupations. Here in Indiana, that disconnect was on vivid display during then-Governor Mike Pence’s effort to privilege religious discrimination against LGBTQ citizens; it was equally obvious in North Carolina in the wake of the so-called “bathroom bill.”

It’s somewhat less obvious–but no less consequential–in Trump’s efforts to slash the budget and to drastically reduce immigration. A recent report from the Brookings Institution considered what it would take to achieve 3% growth in GDP, if that level of expansion is even possible: “There are three I’s that can do this: immigration, infrastructure, and investment.”

Infrastructure is the most obvious: not only does America desperately need to improve our deteriorating roads and bridges, not only do we need massive improvements to rail and public transportation, but cities and states across the country need the jobs a comprehensive infrastructure program would generate. As the Brookings Report notes,

Infrastructure jobs are disproportionately middle-class (defined as wages between the 25% and 75% percentiles, so this is the real middle-class and not the upper-middle class; there is no Dream Hoarding going on here).

Investment is harder to discuss, because far too many lawmakers fail to distinguish between investment and  routine expense. Conceptually, however, most of us understand that we must invest in order to grow–it’s the difference between payments on your home mortgage and the amount you spent at that fancy restaurant. Trump’s budget may not reflect that understanding, but many lawmakers do recognize the difference. Unfortunately, many self-identified “fiscal hawks” do not.

We need to increase our nation’s investment in research, development, and people. The federal government’s investment as a share of total research and development has fallen to multi-generational lows. Increasing the federal government’s investment will not bust the budget. Currently, the federal government’s entire investment in R&D (as measured by the OECD) is equal to only about one-tenth of our nation’s defense budget. Investments like these have proven track records of increasing economic growth.

When it comes to the importance of immigration to economic growth, however, American xenophobia is far more influential than economic reality.

Comprehensive immigration reform, such as the bipartisan legislation which passed the Senate in 2013 (Schumer-Rubio), would increase our nation’s work force, bring economic activity out of the shadows and into the mainstream, increase our nation’s economic and physical security, and boost our GDP. One estimate sees an increase in $1.5 trillion in GDP cumulatively over the next decade, as compared to the status quo. That same study contrasts with the deportation-only policy that appears to be favored by some in the Trump Administration, which would reduce economic output by over $2 trillion.  Even scholars from the CATO Institute argue that immigration reform could be used to boost GDP, with an earlier estimate of an increase of over 1.25% of GDP.

As another Brookings report notes,

President Trump claims that legal immigration levels should be cut in half and that greater priority should be placed on those with high skills. Both of these claims fly in the face of census statistics that show that current immigration levels are increasingly vital to the growth of much of America, and that recent arrivals are more highly skilled than ever before. Current immigration is especially important for areas that are losing domestic migrants to other parts of the country including nearly half of the nation’s 100 largest metropolitan areas.

Well, that’s what happens when you elect a man who has no idea how the economy works, and for whom facts are meaningless…

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GOP R.I.P.

There is more than one way for a political party to die.

If you ask people of my vintage–the party volunteers, candidates, office holders and party functionaries who populated the Indiana Statehouse and the Hudnut Administration’s sixteen years in City Hall–the GOP we worked for and supported is long gone. We don’t recognize the party that bears the name.

The death of a political party via this sort of transformation into something much darker and different is less visible than the sort of death experienced by the Whigs, but it is no less real.

For the last two decades, at least, I’ve been predicting a split between the GOP’s “business wing”–those we used to call Country Club Republicans–and its far-Right fringe. (Helpful hint: don’t ever bet money on predictions I make; I’m notoriously wrong about nearly all of them.) It seemed inevitable that members of the sober business community, fixated on fiscal prudence and economic issues, would be increasingly unwilling to partner with and vote for the religious fanatics, flat-earthers and white nationalists who had become the party’s base.

If the divorce I saw as likely back in 2000 (the year I “came out” as a Democrat) is ever going to occur, it will be precipitated by Donald Trump–an unstable and self-engrossed con man no rational businessperson would hire for any responsible position.

I may still be proven wrong, but I’m no longer prophesying in the wilderness. Others have begun predicting the fracturing of what’s left of the GOP.

On August 8th–before Trump’s horrifying reaction to Charlottesville–the Guardian devoted an article to the defection of GOP conservatives from the party that had embraced (or at least tolerated) Trump. The article began with the highly visible unhappiness of Senator Jeff Flake.

Jeff Flake of Arizona, among 17 conservative politicians, activists, officials and pundits interviewed over two months, revealed that while the president has given rightwing fringe groups a seat at the table, his alliance with his own party remains highly precarious.

The article proceeds to quote a number of prominent Republicans who shared their disdain for Trump and his enablers. Eliot Cohen, a former state department counsellor to Condoleezza Rice, said:

“This fundamentally boils down to character, and his character is rotten. He’s a narcissist who happens to have taken control of the Republican party. Trump has taken conservatives back to a different era, before William F Buckley drove out the Birchers, the bigots and the antisemites. We’re now back in a different world.

British conservative historian Niall Ferguson agreed:

The Republicans have surprised me in one respect and that was the poor discipline of the party. If you think of this in British terms, essentially we are now in a quasi-monarchy, kind of what Alexander Hamilton vaguely had in mind. But it’s a monarchy in the sense that the White House is a court and Trump is like one of those people who becomes king who’s not terribly well-suited to the role. And so there’s rampant factionalism and infighting and erratic decisions by the king, and Paul Ryan’s the prime minister who’s trying to manage affairs in the estates general. But the problem is that from a British vantage point, the party discipline’s very weak.

The article goes on to quote a significant number of prominent conservatives, some still supportive and others noting that Trump’s erratic and uninformed behavior is inflicting substantial damage on the party, and widening, not healing, the rifts that have been growing for some time. Two of the most critical were Charlie Sykes, a talk-radio conservative, and Michael Steele, former Chair of the national GOP.

Sykes pointed to the obvious danger of “going along”: you end up accepting  “someone who mocks the disabled and insults women because he gets you a social policy win.”

For his part, Steele says out loud what so many long-time Republicans say quietly:

This is my 40th year as a Republican and it is the first time I can honestly say I don’t recognise this party and some of the people who are leading it.

And this was before Charlottesville.

The GOP I once belonged to is already dead. The question for conservatives now is: what will become of its distasteful, immoral, unAmerican remains?

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Brave New World

Okay, I am now officially worried. Really worried.

A few days ago, The Guardian reported on a recent conference of internet hackers, held in Las Vegas. (Yes, even hackers evidently have conferences….)

Using “psychographic” profiles of individual voters generated from publicly stated interests really does work, according to new research presented at the Def Con hacking conference in Las Vegas, Nevada.

The controversial practice allows groups to hone their messages to match the personality types of their targets during political campaigning, and is being used by firms including Cambridge Analytica and AggregateIQ to better target voters with political advertising with so-called “dark ads”.

Most of us don’t consider ourselves targets for “dark ads” aka propaganda. We like to believe that we are different–that we’re thoughtful consumers of information, people who can “smell a rat” or otherwise detect spin and disinformation. We shake our heads over reports like the one about the gullible 28-year-old who shot up a Washington Pizza Parlor because stories on social media and conservative websites had convinced him that Hillary Clinton was operating a Satanic child sex ring out of its (nonexistent) basement.

News flash: we are all more gullible than we like to believe. Confirmation bias is built in to human DNA.

Psychographic profiling classifies people into personality types using data from social networks such as Facebook. Sumner’s research focused on replicating some of the key findings of psychographic research by crafting adverts specifically targeted at certain personality types. Using publicly available data to ensure that the adverts were seen by the right people at the right time, Sumner tested how effective such targeting can be.

The referenced study used information that Facebook already generates about those who use its platform, and created two groups: one composed of “high-authoritarian” conservatives, and a “low-authoritarian” group of liberals.

Knowing the psychographic profiles of the two groups is more useful than simply being able to accurately guess what positions they already hold; it can also be used to craft messages to specifically target those groups, to more effectively shift their opinions. Sumner created four such adverts, two aimed at increasing support for internet surveillance and two aimed at decreasing it, each targeted to a low or high authoritarian group.

For example, the highly authoritarian group’s anti-surveillance advert used the slogan “They fought for your freedom. Don’t give it away!”, over an image of the D-Day landings, while the low authoritarian group’s pro-surveillance message was “Crime doesn’t stop where the internet starts: say YES to state surveillance”.

Sure enough, the targeted adverts did significantly better. The high-authoritarian group was significantly more likely to share a promoted post aimed at them than a similar one aimed at their opposites, while the low authoritarian group ranked the advert aimed at them as considerably more persuasive than the advert that wasn’t.

Think about the implications of this. Political campaigns can now target different messages to different groups far more efficiently and effectively than they could when the only mechanisms available were direct mail campaigns or placement of television ads. As the article noted, this technology allows politicians to appeal to the worst side of voters in an almost undiscoverable manner.

The importance of motivating and turning out your base is a “given” in electoral politics, and these new tools are undoubtedly already in use–further eroding the democratic ideal in which votes are cast after citizens weigh information provided through public policy debates conducted by honorable candidates using verifiable facts.

Thanks to gerrymandering, most of us don’t have genuine choices for Congress or our state legislatures on election day. Now, thanks to technology, we won’t be able to tell the difference between facts and “alternative facts.”

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Trump and White Christian Nationalism

The past few days, in addition to the spectacle of two immature, ignorant and nuclear- armed heads of state throwing verbal poo at each other, the media has been filled with images of torch-wielding White Nationalists in Charlottesville, Virginia.

A “Unite The Right” rally organized by white nationalist Richard Spencer descended into chaos and violence Saturday in Charlottesville, as thousands of “alt right” activists, Nazis, KKK members, other assorted white supremacists, and armed militia groups fought with anti-fascist groups and other counter-protesters.

Thanks to Trump, the haters now feel confident “coming out.”

Donald Trump’s election was the culmination of years of seething White Christian Nationalist resentment, constantly fed by a conservative media harping on “those” people– immigrants, the LGBTQ community, blacks, feminists– and brought to a boiling point by Obama’s Presidency.

Evangelicals’ embrace of Donald Trump may seem incomprehensible to traditional Christians and certainly to the rest of us, but we shouldn’t confuse genuine evangelical Christianity with the White Christian Nationalism that has increasingly replaced it. As ThinkProgress explains:

Where did this cross-toting, flag-waving, and sometimes confusion-inducing form of Trumpian Christian nationalism come from, and why does it appear to resonate with throngs of Americans? And how in the world did Trump, hardly a paragon of conservative Christian virtue, end up as its champion?…

[T]he Christian nationalist scaffolding currently propping up Trump is … relatively new. It shares many theological ideas with the broader spectrum of evangelicalism, but adds a different brand of intensity and emphasis (especially domestically). Its origins are also more recent, beginning with the rise of the Religious Right in the 1970s, when leaders such as Jerry Falwell, Sr. and Pat Robertson characterized America as a “Christian nation” and urged their supporters to elect conservative Christian leaders who shared their rabid opposition to abortion, LGBTQ equality, and euthanasia, among other things.

The article traces the history of “dominionism,” a theology that has been described as a “strange fundamentalist postmodernism that denies that there is any such thing as objective reality.” That history–and the convoluted doctrine that allows some Christian Nationalists to insist that Trump was “chosen by God”– is well worth reading. In most cases, however, this “Christian” embrace of the president has more to do with his willingness to pander to them and promote their causes than with doctrine.

It also has a lot to do with the fact that Trump’s rhetoric makes their bigotry seem acceptable; he constantly demeans the “others” they hate, and steadfastly refuses to call them out.(CNN reported that Trump condemned hate “on many sides” in response to the violent white nationalist protests and terror attack in Charlottesville; the President did not even mention white nationalists and the alt-right movement in his remarks, and later called for a “study” of the “situation.”)

Analyses of data from the 2016 election have made it increasingly clear that the great majority of Trump voters–whether they self-identified as Christian Nationalists or not–were motivated by racism and traits associated with racism.  A commentary in the Journal of Social and Political Psychology reports that a majority of Trump voters displayed one or more (usually more) of the following social-psychological traits:

  • authoritarianism and social dominance orientation (authoritarianism is characterized by deference to authority, aggression toward outgroups, a rigidly hierarchical view of the world, and resistance to new experiences);
  • prejudice (racial prejudice as well as prejudice against immigrants and outgroups in general);
  • lack of intergroup contact (Trump’s white supporters report far less contact with minorities than other Americans); and
  • relative–not real–deprivation (Trump supporters feel deprived relative to what they erroneously perceive other ‘less deserving’ groups possess).

The horrendous spectacle in Charlottesville is only the beginning. We can see clearly now just what it is that motivates “Trump’s Troops,” and it isn’t Truth, Justice and the American Way.

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