What I’ve Learned About Redistricting – The Hard Way!The .

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What I’ve Learned aboutRedistricting – The Hard Way!NCSL NationalN til RedistrictingR di t i ti SeminarS iGaylord Center, National Harbor, MDJan ar 24,January24 2011Thomas B. Hofeller, Redistricting CoordinatorRepublican National Committee

Basic Laws of Redistricting Whether done with colored maps onthe floor,f or high-speedg pcomputers,p, it ALWAYS brings out the worst ine er one!everyone! AndA d it’it’s never ddone on titime!!

On Politics & Coalition Building Just like 19th Century British foreign policy– No ppermanent allies– No permanent enemies– Only permanent interests SelfS lf iinteresttt binds,bi d honorhddoesn’t.’t

On the Nature off the Process NNothingthi iis ever exactlytl theth wayyou expect.yp So expect the unexpected.

Gettingg ReadyyYou don’t want to findyourselvesllikelik this!hi

Polish Air Force in WWII

Gettingg Readyy Knowledge is power. Know your state! You can learn many lessons froml decade’slastd d ’ process.

Special Information you needb fbeforeline-drawingldbbegins: Try to find out what eachl i l t ’ objectiveslegislator’sbj tiare. WhereWhere’ss Waldo? Identifyy specialpinterest ggroupspthat are important stakeholders.

Gettingg to Know the State Print out detailed maps in advance andSTUDY Create a district outline mapsp and studyythe deviations IdentifIdentify the shifts of territorterritory &population for a “least-changes” plan. Study regional population shifts.

Another Basic Law off RedistrictinggBlessed are theywhose districts arein the corners !

Gettingg to Know the State Identify the instances of fracturing &packing contained in the presentplan. Draw a “Good Government” plan. Draw more practice plans.

Gettingg to Know the State Identify areas of future residentialdevelopment Find out what objectives are possible. Decide what types of plans you, orothers, may wish to put out in publicto make specific points.

Check Out Your Computerp Practice importing and exporting files. Print out ALL the reports & check them.yp of maps.p Print out all types Devise standard types of maps you willbe giving people. Practice producing bills. Practice “saving” and “restoring” plans.

ComputerpPerils You can never back up too often. Make sure your security is real Make sure of the security of yourprintouts and plots. Remember recent email disasters !!!

ComputerpPerils Make sure your computer is in aPRIVATE location.location Don’t walk awayy from it and leaveyour work exposed. Save and log off if you’re going to beawayy for long.g

ComputerpPerils Pay your technical people well. Don’t “can” the staff until you’resure redistricting is really over.over Keep the system,system documents,documents andother material intact.

Legalg Perils NEVER travel without counsel. “Loose Lips, Sink Ships.” RememberRb ---- A jjourney ttog HELL starts with but alegalsingle misstatement OR astupid email!

Redistrictingg Miranda Warningg You have the right to anattorney. If you cannot afford one .youone youare in deep trouble! Anything you say may be usedagainst you in a court of lawlaw.

Legalg Perils Remember, the court record is alreadyopen. Treat every statement and document as ifit was going to appear on the FRONTPAGE of your local newspaper. “Emails are the tool of the devil.” Usepersonal contact or a safe phone!

Legalg PerilsYOU MIGHT WANT TO PUTTHIS ON TOP OF YOURMONITOR SCREEN

Legalg Perils Don’t get caught in “criteria hell”. Make sure you know what is actuallyrequired by your constitution andstatutes. Make sure you can live by your owncriteria BEFORE you state thempublically. Draw sample plans with them beforefinalizing the rules.

Legalg Perils Party control of the Justice Departmentand its Civil RightsgDivision is animportant factor -- it’s changed. You must keep up on Voting Rights LawLaw.– North Austin and §5– Strickland and §2§ How you seek §5 preclearance isimportant!– Three-judge panel in DC vs. DOJ

When Actuallyy Drawingg Plans Don’t start until you have a general idea ofyour objectives and how the plan will be puttogether.p, Remember that deviations ARE important,even when “roughing” out a plan, don’t paintyourself into a corner. Establish deviation checkpoints. Save your work often.often You dondon’tt have time todo it over again!

When Actuallyy Drawingg Plans Aim for absolute equality oncongressionalgdistricts.– The rule is “as equal as practicable”. The plus or minus 5% rule for legislativedistricts is NOT a safe haven!– Read the latest case law.– Larios vs. Cox

When Actuallyy Drawingg Plans Don’t get “cute”. Don’t let your own personaland political feelings interfere DonDon’tt create stupidirregularities in boundaries.

Who Drew This District !

Political Admonitions LLegislatorsilandd membersboff CCongress getREALLY nervous during the process Most members assume the plan shouldoriginate from their own districtdistrict. Expect some irrational choices. Don’t play on the freeway.

Political Admonitions Remember that “bad news, unlikefine wine, does not age well.” If bad news has to be given to amember,, let the attorneysy oroutside experts deliver it – ifpossible.possible

Political Admonitions “Trust but verify” Remember that members are usuallyunable to distinguish betweentheoretical and real plans. Don’tenlighten the innocent! Don’t revealmore than necessary.

Anothernothe Basicasic Lawaw of Redistrictingedist icting Don’t bringg out the mapspuntil the END of a meeting. Once they see maps, all otherforms of communicationWILL ceasecease.

These are Some# of the Things I’veLLearnedd aboutb t RedistrictingR di t i ti – TheThHard Way!#That I can tell about

Major Issues This Cycle

Majorj Issues This Cycley Computer hardware andSoftware has “matured” – noexcitingiti breakthroughs.b kthh People, legal and databaseissues remain as difficult asever.

Major Issues This Cycle1. Uncertainty of jurisprudence2 §§ 2 and 5 of the VRA2.3. Just what is a minority district?4. How to deal with citizen VAP5 Larios (legislative deviations)5.6. Decline of pollingpolling--place voting7. Prison “census adjustment”8 Will the public really participate?8.9. Partisan ambivalence about reform

Thank You

Legal Perils Don’t get caught in “criteria hell”. Make sure you know what is actuallyMake sure you know what is actually required by your constitution and statutes. Make sure you can live by your own criteria BEFORE you state themcriteria BEFORE you state them publically. Draw sample

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