Speaking of Inequality…

There is enormous focus these days on economic inequality, and for good reason. The gap between the top 1% and other Americans is growing, the middle class that built the country and ensured social stability is shrinking, and the likely consequences of those phenomena aren’t pretty.

In the United States, our Constitution guarantees us only equality before the law. Critics may quote Anatole France for the proposition that “In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread,” but there is much to be said for a system that protects individual liberties against encroachments by the state. In such system, however, efforts to ameliorate material deprivations are statutory, not constitutional, and as we continue to be reminded, statutory entitlements are vulnerable to efforts to punish poor people for their misfortune.

Most public discourse around “equality” tends to focus on these issues of legal and economic equality and the relationship—or conflict—between the two. We rarely focus on  a third kind of equality—democratic equality—despite the fact that it has a major influence on whether the country achieves the others.

Democratic equality simply means the equal right of each citizen to participate in the democratic process. It probably won’t come as a surprise to find that we aren’t doing terribly well on that front, either.

The influence of money in politics has grown exponentially since the Supreme Court’s ill-considered decision in Citizens United. (Actually, the problem started earlier, with the case of Buckley v. Valeo, when the Court first conflated money with speech) The result has been that those with money are able to “speak” much more loudly and effectively than the rest of us. When democracy becomes “pay to play,” there is no equality of participation.

It isn’t just money. In Indiana—which is unfortunately not an outlier— the legislature has used its power to make it more difficult to vote.

We have one of the strictest Voter ID laws in the nation—in order to cast a ballot, you must not only have a government-issued picture ID, that ID must have an expiration date. (This conveniently excludes the picture IDs issued by state universities.) Middle-class folks assume that it’s simple enough to obtain such identification, but for poorer people—particularly older black citizens who were born at home and lack a birth certificate—getting the necessary documentation can be both onerous and costly. (Despite pious rhetoric about deterring “voter fraud,” fraudulent in-person voting is virtually nonexistent.)

The Indiana legislature has also declined to enact other measures that encourage or facilitate voting by working-class Americans: keeping the polls open past six, establishing convenient voting centers, expanding early and absentee voting.

It’s bad enough that lawmakers see fit to erect barriers to voting rather than making it easier. But as I have previously posted, the most serious denial of democratic equality comes through partisan gerrymandering that produces an abundance of “safe” seats and eliminates voter choice.

Increasingly, especially at the state level, our legislators choose their voters—the voters don’t choose their representatives. So even when disadvantaged folks make it past the obstacles and manage to cast their ballots, they often find they are given no meaningful choice. A growing number of elections are uncontested.

As a result of democratic inequality, the people who would benefit most from the election of candidates willing to work for legal and/or economic equality have less access, less influence and less voice than their more privileged neighbors.

The system is broken.

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Voter Apathy?

Today, I’m participating in an event on partisan redistricting hosted by the League of Women Voters and Common Cause. Following are the remarks I will share:

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Indiana had the lowest turnout rate in the nation in the last midterm elections. There are a number of reasons for that depressing statistic.

First of all, although Hoosiers are rarely in the vanguard of anything, we do remain on the cutting edge when it comes to voter suppression tactics—to begin with, we were among the very first states to pass a so-called “voter ID” law, and ours remains one of the nation’s strictest. For example, it isn’t enough to have a government issued picture ID; it must also have an expiration date.(Unlike, for example, student IDs.)

The legal challenge to that law was unsuccessful largely because its actual operation was speculative at that point; since the Seventh Circuit rejected that challenge, it has become clear even to Judge Posner, who voted to uphold the law, that its sole purpose was to discourage voting by poor and minority voters who might be expected to vote for Democrats. Voter ID laws were a “remedy” for a non-existent problem—in-person voter fraud.

But the lawmakers in what Harrison Ullmann used to call the World’s Worst Legislature haven’t rested on their laurels: this last session, lawmakers voted down an effort to keep the polls open until 8:00—Indiana’s polls close at 6:00, much earlier than most states. This makes it much more difficult for non-professional working people to vote. Lawmakers have also left in place the ability of a single member of a county election board to prevent the establishment of a voting center. Here in Marion County, the Republican member of the election board has persistently blocked efforts to do so. Wouldn’t want to make voting more convenient!

Laws making voting more onerous are only one reason among many for low voter turnout and disappointing citizen engagement. I am going to suggest three others that combine to depress interest in government and the electoral process: gerrrymandering, widespread distrust of government, and low levels of civic literacy. Today, our focus is on gerrymandering.

Every ten years, the Indiana General Assembly engages in what individual legislators will call redistricting, and what the rest of us will call gerrymandering, after former Vice-President Elbridge Gerry. It will be an intensely partisan endeavor—and that’s true no matter which party is in charge—and it will be viewed by most Hoosiers as highly technical and profoundly boring.

That redistricting, however, will have a much greater effect on how Indiana is governed for the ensuing decade than most, if not all, of the votes cast in the elections that will follow. Whichever party wins a majority in the November elections preceding redistricting wins the privilege of drawing the new maps—and those maps will have an outsized influence over the political agenda for the state.

The goal, of course, 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, which makes those districts safe as well. While we have engaged in this effort since Vice-President Gerry’s time (and he signed the Declaration of Independence!), the advent of computers has made the process far, far more efficient—and arguably, far more damaging.

Neighborhoods, cities, towns, townships–even precincts–are evaluated solely on the basis of their 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.

Let’s tick off some of the more obvious results of this process:

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

2) Safe districts enable sloppy legislation and dubious ethics: if you are guaranteed victory every election, it is hard to be motivated and interested, easy to become lazy and arrogant. (Eric Turner was a recent example. There are many others.)

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: at the federal level, campaign finance reform is just one example.

5) Lack of competitiveness also makes it impossible 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; there are plenty of others. Two of those other consequences that may be less obvious deserve special attention and concern.

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, when those efforts are pointless? Not only do voters lack incentives for participation: it becomes increasingly difficult to recruit credible candidates to run on the ticket of the “sure loser” party. The result is that in many of these races, voters are left with a choice between the anointed and the annoying–marginal candidates who offer no new ideas, no energy, and no genuine challenge of any sort. Such contests simply exacerbate voter apathy.

You may think I am exaggerating–after all, how many “safe” districts can there be? Well, let me tell you–our legislators may not be the swiftest when it comes to a lot of issues, but they have self-perpetuation down to a science. In 2014, there were 25 state Senate districts up for election. In 11 of them, there was only one major party candidate running. A total of 2 Democrats and 9 Republicans were guaranteed election barring unforeseen circumstances.

Two major party candidates faced off in the general election in only 14 of the 25 districts up for election that year. And that’s not an anomaly.

As a friend of mine has aptly put it, “Almost half of our representatives and senators did not have to conduct a pesky campaign that required a defense of past service or a dialogue over local issues.”

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 the local zoning hearing when a liquor store is applying for permission to locate down the street! I would suggest that people save their efforts for places where those efforts count, and thanks to the increasing lack of competitiveness, those places may NOT include the voting booth.

Second, gerrymandering has contributed to the polarization of politics, and the gridlock it causes. How? Because when a safe district effectively disenfranchises voters in one party, the only way to oppose an incumbent is in the primary–and that generally means that the challenge will come from the “flank” or extreme. In competitive districts, nominees know that they have to run to the middle in order to win a general election. When the primary is, in effect, the general election, the battle takes place among the base voters, the party faithful– who also tend to be the most ideological. So Republican incumbents will be challenged from 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 and ideological elements of each party. Instead of the system working as intended, with both parties nominating folks they think will be most likely to win among the broader constituency, we get nominees who represent the most extreme voters on each side of the philosophical divide. Then we wonder why the winners can’t compromise and get the people’s business accomplished!

There are significant policy implications of a victory for the Republicans or Democrats: to the extent that the parties represent different philosophies—and these days, they unquestionably do– a victory in November means getting the “edge” for ten years in imposing one of those philosophies on Indiana government, and effectively disenfranchising not only those who vote for the other party, but also the more moderate voters in their own ranks.

Perhaps the worst consequence of all this is that reduced participation in the political process, and the well-founded belief that large numbers of citizens have been rendered voiceless and politically impotent, has significant implications for the legitimacy of government.

Is a Representative truly representative when he/she is elected by 10% or 20% of the eligible voters in the district?

Of course, there are reasons other than partisan redistricting for the growth of safe seats. In “The Big Sort,” Bill Bishop detailed the increasing tendency of Americans to live in areas where others share their values. We can’t eliminate such residential “self-sorting,” a phenomenon that has given us bright blue cities in very red states, but we can and should eliminate the intentional gerrymandering that exacerbates it. If we don’t, it really won’t matter who wins election, because the winner will encounter the intransigence and gridlock that is such a vivid consequence of the current system, especially at the federal level. That gridlock just adds to the pervasive cynicism about government, a cynicism that further reduces participation.

It is really time for the citizens of Indiana to rise up and demand changes to this system. The other speakers at this forum are far more expert than I am in the politics and laws governing redistricting, but I would suggest a few obvious elements that a fairer system should include:

1) areas of common economic interest and existing government boundaries should be respected to the greatest possible extent;

2) districts should be compact and rational in shape;

3) oddly-shaped districts clearly drawn for partisan advantage should be subject to the same standards courts now apply to districts that have been intentionally drawn to dilute the votes of racial minorities.

If political operatives can draw maps to create political advantage, they can also draw maps that are consistent with the premises of democracy.

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No Wonder Nobody Votes

As if we didn’t know.

The Washington Post recently ran an article documenting what virtually every sentient American knows: thanks to gerrymandering and residential “sorting,” elections at every level are increasingly uncompetitive–when they are contested at all.

Here’s the lede

Fewer state legislative elections were hotly contested between Democrats and Republicans in 2014 than at any time in the last 40 years, according to a new study that offered more evidence of a historically polarized electorate.

The analysis of election results from last year found less than 5 percent of the U.S. population lives in a state House or state Senate district where the two leading candidates finished within 5 percentage points of each other.

At the same time, the number of races that don’t even draw competition is on the rise. Nearly a third of voters lived in state Senate districts in which only one candidate ran, while more than 40 percent lived in state House districts with only one option. Those numbers are far higher than four decades ago, when less than a quarter of residents lived in one-candidate districts.

The question, of course, is: what do we do about it?

There are no “good guys” here–both parties aggressively seek advantage, and when in a position to call the shots, both can be counted on to draw a map as favorable as computing power can devise.

It’s common–even fashionable–to berate citizens who don’t vote. But let’s be fair: why take time out of your day to visit a polling place if there are no contests?

It won’t solve the whole problem, but the first step to re-engaging voters must be to remove redistricting from the partisan political process. Here in Indiana, Common Cause and the League of Women Voters are devoting themselves to getting that done. (They are holding a forum at the Indiana Historical Society on June 6th, devoted to the issue.)

It’s an uphill battle, but it’s one we all need to join.

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Have Americans Gerrymandered Ourselves?

On Tuesday, I attended the “Pancakes and Politics” breakfast hosted by the Indianapolis Chamber of Commerce. It was a lively and informative panel. One exchange that really struck me was a brief discussion of redistricting.

Everyone on the panel–Republican, Democrat and Statehouse reporter Ed Feigenbaum (who was officially neither)–agreed that noncompetitive elections are bad for democracy, that they pull parties to the extremes, encourage lazy legislators and reduce electoral participation.

The question was, what can be done about it?

The Democrat on the panel endorsed nonpartisan redistricting; the Republican on the panel (I should be better about names!) disagreed. He pointed out that Americans have been “sorting” ourselves into Red and Blue enclaves–voting with our feet to live in places where our neighbors agree with us about values and priorities. True enough–anyone who’s read Bill Bishop’s book The Big Sort would recognize the accuracy of his observation.

His second argument against nonpartisan redistricting was less persuasive. Basically, he pooh-poohed the notion that we can really take partisan politics out of the process. The success of nonpartisan processes in Iowa and elsewhere suggest otherwise.

The truth–as is so often the case–is likely somewhere in the middle: eliminating partisan gamesmanship and gerrymandering will not solve the problem of underrepresentation of people living in overwhelmingly blue cities in red and purple states. But it would be measurably fairer than the current system, in which representatives choose their voters rather than the other way around, and that fairness would ameliorate at least some of the cynicism and apathy that depresses voter turnout. And it would increase the numbers of competitive districts–perhaps not as much as advocates hope, but certainly more than the panelist conceded.

Common Cause, which has made redistricting reform a high priority, has announced a contest that highlights one of the reasons that challenges to highly gerrymandered districts have failed: the Supreme Court has consistently declined to get involved unless the districts can be shown to have been drawn to disenfranchise minorities. The Court has said that partisan districts (districts drawn to unfairly benefit a political party) are “justiciable”–that is, that such challenges will be heard by the courts–but they have routinely declined to overturn political decision-making unless racially discriminatory motives can be demonstrated.

Common Cause has invited lawyers and political scientists to propose a new definition of partisan gerrymandering that might allow citizens to win such challenges, promising money prizes, publication of the winning paper and a trip to Washington, D.C.

It will be interesting to see what that contest produces.

Hope springs eternal…..

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