Tag Archives: Florida

Voting Rights Act — A Glimmer of Hope

On Thursday, the United Supreme Court issued its opinion in Allen v. Milligan,  a case in which Alabama voters challenged the state’s new congressional district lines under Section 2 of the Voting Rights Act.  As people may remember, due to COVID and the resulting delay in the 2020 census, Alabama completed its redistricting process shortly before filing began.  Although the voters quickly filed their case, and the three-judge panel quickly heard the challenge and issued its decision, a 5-4 majority decided that any change caused by any new lines issued by the judges would be too close to the start of the election process (but that the legislation changing the lines was not) for the judge-drawn lines to be used in the 2022 election.  So the 2022 election was held under the new lines drawn by the legislature while the U.S. Supreme Court decided whether those lines were valid.  In its ruling this week, five justices (with Justice Kavanaugh switching sides and Justice Jackson replacing Justice Breyer) upheld the trial court ruling.

To start with the legal considerations, Section 2 of the Voting Rights Act bars any voting practice or procedure that causes a protected group to “have less opportunity than other” groups “to elect representatives of their choice.”  While Section 2 also contains language disavowing an express requirement of proportionality, previous cases have found that Section 2 applies to redistricting and that it requires those bodies charged with redistricting to consider whether the maps give sufficiently large racial and ethnic groups a fair shot at electing a proportionate number of members.  Basically, this is done by drawing either “minority influence” districts (in which minorities are a large enough percentage of the voters that they can form a majority by aligning with like-minded non-minority voters) and “minority majority” districts. (in which the minority group is over 50% of the likely voters).

The current language in Section 2 was adopted in the early 1980s.  The first major case applying Section 2 to redistricting devised a three-part test.  First, the voters needed to show that minority voters are sufficiently concentrated that there is a reasonable map which would give them an additional minority influence or minority majority district.  In equal protection cases, the Supreme Court has made clear that maps that grossly violate traditional considerations to force geographically dispersed minority enclaves into the same district are forbidden.  Second, the voters must show that the minority group is politically cohesive.  In other words, that a significant majority sees itself as one group and tend to support the same type of candidate.  (For example, it might be harder to show that Asian voters are a group but easier to show that Vietnamese voters are a group.)  Third, the voters must show that the majority group (almost always white voters) will oppose the candidate supported by the minority group.   In other words, the last two parts require showing that racialized voting is still common in the jurisdiction. Continue Reading...

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Georgia Runoff

The last election of 2022 will conclude on Tuesday with the runoff election for U.S. Senator in Georgia.    While there are still some races that will go to recounts, all of the statewide and congressional races seem to be outside the margin at which a recount could make a difference.  (There are three races with margins between 500 and 600 votes — Arizona Attorney General, California Thirteenth District, and Colorado Third District.  In the Minnestoa Senate recount in 2008, the net swing from the original results to the recount results was 450 votes with an additional 87 votes gained in the election contest.  The closest of the three races going to recount is 511.   While other recounts have resulted in bigger swings, they were in races with bigger margins and Minnesota remains the largest swing that changed the results of a race.

The significance of the Senate race is not quite as big as it was in 2021 due to the Republicans apparently taking the House (but the Republican’s inability to reach a consensus on the next Speaker will be the subject of a future post) and the fact that the Democrats already have 50 seats.  But the result still matters for five key reasons.

First, the additional seat will alter the composition of committees.  With a 50-50 Senate, the committees are evenly divided.  While the rules currently allow a bill or nomination to proceed to the Senate floor on a tie vote, a 51-49 Senate would result in the Democrats having a majority on the committees. Continue Reading...

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The Midterms — Preview (Part 1)

We are into the home stretch of the campaign.  This election comes down to those who want to protect women’s rights, LGBQT rights, our democracy, the middle class, and the safety of our streets on one side against those who want to undermine the concept of free and fair elections and impose an authoritarian theocracy on the other side.  The midterm elections are more like parliamentary elections in other countries.  There is no national race and winning is about the results of multiple state and local races.

As in 2020, there is expected to be a large number of votes by mail.  Some states have changed their laws to allow counting of mail-in ballots to start earlier, but some still require the process of verifying and counting mail-in ballots to begin on election day.  So there will be some states in which the Republican candidate will take an early lead based on the in-person votes, but the Democrat candidate will close that gap (and potentially take the lead) as the mail-in votes are counted.  On the other hand, in states that announce mail-in and early voting results first, the opposite will occur.

These previews will go in the order of poll closing times.  In states that are in two time zones, some states will release results as polls close.  Others will hold off on releasing results until all polls close.  If I know that a state holds off until all polls close, I will put the state in the time when the last polls close.  Otherwise, I will put the state in when the majority of the polls close.  I will list the time by Central Standard Time as that is my time zone.  For ease of conversion, CST is UTC +8 (i.e. it is 8 p.m. UTC when it is noon CST), Atlantic ST +2 (2 p.m AtST for noon CST), Eastern ST +1 (1 p.m. EST for noon CST),  Mountain ST -1 (MST 11:00 a.m. for noon CST), Pacific ST -2 (PST 10 a.m. for noon CST), Alaska ST -3 (9 a.m. AkSt for noon CST) and Hawaiian ST -4 (8:00 a.m. HST for noon CST). Continue Reading...

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The Fall Campaign

Traditionally, Labor Day Weekend was seen as the start of the Fall campaign (at least by the media).  If that was ever true, it no longer is.  With cable and websites like Facebook and Youtube, there are a lot of relatively inexpensive way to get advertisements out during July and August.  If a campaign waits unti September to begin its ad campaign, the other side has already defined the race.

But, by this point in the cycle, we are down to the last handful of primaries, and the national committees and big PACS are already looking to decide where they are going to be spending the big bucks in late September and early October.  (As the change in the mechanism for advertising has obliterated Labor Day as the start of the fall campaign, the change in voting habits (with a significant percentage casting early votes or mail-in ballots) has also altered when the big final push begins.  While, in a close race, last minute news and ads can make a difference, it is just as important to get as many votes locked in as early as possible so that the last-minute spending can be focused on a tiny number of votes.

But that is the inside baseball stuff of campaigns.  The purpose of this post is to set the stage for the next eight weeks.  For the past two years, Democrats have had the frustration of a very narrow margin in the House of Representatives and a dead-even Senate.  Because Nancy Pelosi may be one of the all-time great Speakers, Democrats have been mostly able to pass things in the House.  The Senate, however, has been very, very difficult.  The filibuster rules has limited the Democrats to passing anything significant via the reconciliation process.  Even the reconciliation process requires keeping the entire Democratic caucus together which has proven difficult as a single member can insist on changes to any proposal.  And the  lack of a majority has also prevented any changes to the filibuster rule (again due to the ability a single Democrat to veto any proposed change). Continue Reading...

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Redistricting — Florida

Florida is the last of the states with the happy task of creating a new congressional district.  In states in which legislatures draft the new lines, one of the motivating factors in the new lines is legislators thinking about their future plans.   If your state house or state senate district (in other words, your base) is the core of a congressional district, you have a decent shot of winning that district if you choose to run.  And the best time to run is when the congressional seat is open.  While the decision of the incumbent to retire (or run for higher office) is one way that the seat can become open, a new seat is automatically an open seat.

Of course, new/open is not the number of the district.  It’s the geography of a district.  If an incumbent is seeking another term, they are most likely to file in the district that has their old district as the core even if the district has a new number.  (unlike Texas which has just tended to give the “new” districts the new number leading to numbers leapfrogging all over the map, Florida has tended to have the districts flow somewhat logically from the northwest to the southeast.)  If you are a member with influence wanting to run for Congress, you want:  1) no incumbent members of Congress residing in your district (although it is possible to run for a district that you do not live in); 2) no incumbent member of Congress who represented the majority of the district; 3) to have the entirety of your current legislative district in the congressional district; and 4) to have the district favor your party as strongly as possible.  In theory, under the Florida Constitution, the new lines are not supposed to be drawn to unfairly favor either party or to protect incumbents.  And while courts can intervene if the legislature goes too far, the odds that any partisan legislature will strictly obey those constitutional provisions are slim approaching none.

These types of concerns influence redistricting in every state.  Unfortunately, to address those personal concerns of those drawing the lines would require knowing the local politics of every state.  Instead, these articles assume that the main concern is the battle between maximizing partisan advantage (in those states with legislatures in charge) versus trying to draw proportional and competitive lines (in those states with commissions in charge).    With the current map (drawn after the courts struck down the previous map as too partisan), the state is actually roughly proportional.  The Republicans have a 16-10 advantage (with one Democratic seat vacant), but the map is theoretically 14-13. Continue Reading...

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Redistricting 2021 — The Numbers

On Monday, four days ahead of its latest target date and almost four months behind the statutory date, the Census Bureau released the national and state-level results from the Census including the apportionment numbers that determine how many representatives each get.  As can be expected, there are multiple different tables summarizing the data in different ways for us number geeks.

The bottom line table shows the apportionment population (both those living in the state and those residing overseas — like military personnel — who call that state home), the number of representatives that each state is getting, and the change in representation.   We will get back to the change in a minute, but the big level number is that the apportionment population is slightly over 331 million.  As such, the average size (mean) of each congressional district is just under 761 thousand.  Alaska, Vermont, and Wyoming have fewer people than the average congressional district.  While the apportionment formula does not work for calculating the population needed for the first representative, even Wyoming has enough population to be entitled to three-quarters of a representative.

If, D.C. and Puerto Rico were states, Puerto Rico would be just ahead of Utah (which has four representatives) and just behind Connecticut (which has five representatives) and D.C. would be between Vermont and Alaska.  Given that Puerto Rico is only slightly larger than Utah (which was not close to getting a fifth representative and far enough behind Connecticut, Puerto Rico would be due for four representatives.  If  both were states, the five states that would lose a representative would have been Oregon, Colorado, and Montana (all of which gained a seat), California (which lost a seat), and Minnesota (which barely avoided losing a seat).  The chart of priority values that allows us to consider the impact of adding Puerto Rico and D.C. also shows that Minnesota barely held onto its last seat and New York barely lost its seat.  Apparently, given the formula, Minnesota would have lost that seat if it had 24 fewer people, and New York would have kept its seat if it had 89 more people.  (The disparity in numbers is caused by the fact that the two states have different number of seats. Continue Reading...

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2022 Elections — A First Glance

The 2020 elections left both the House and the Senate closely divided.  And two years is a long time in politics.  But experience has taught politicians two, somewhat contradictory, things that will impact what can get done during the next two years.

The first, especially for the House of Representatives, is that the President’s party typically loses seats.  But the reason for this normal rule is that a new President has typically helped members of his party to flip seats.  As such, this might be less true for 2022 than in the past.  In 2020, the Democrats only won three new seats, and two were the results of North Carolina having to fix its extreme gerrymander.  And only a handful of Democratic incumbents won close races.  And the rule is less consistent for the Senate, in large part because the Senators up for election are not the ones who ran with the President in the most recent election but the ones who ran with the prior president six years earlier.  In other words, the President’s party tends to be more vulnerable in the Senate in the midterms of the second term than in the midterms of the first term.  But the likelihood that the President’s party will lose seats is an incentive to do as much as possible during the first two years.

The second is that one cause of the swing may be overreach — that voters are trying to check a President who is going further than the voters actually wanted.  This theory assumes that there are enough swing voters who really want centrist policies and that they switch sides frequently to keep either party from passing more “extreme” policies.  Polls do not really support this theory and there is an argument that, at least part of the mid-term problem, could be the failure to follow through on all of the promises leading to less enthusiasm with the base.  But this theory is a reason for taking things slowly and focusing on immediate necessities first and putting the “wish list” on hold until after the mid-terms. Continue Reading...

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Election Night Preview — Part 7 (Referendums)

The first six posts in this series have focused mostly on federal elections with a handful of Governor’s races.  Of course, there are also state legislative races, some local (mostly county) races, and referendums.

While I am sure that somebody has a complete list of every local bond issue or city charter issue, this post will focus on the state-wide issues.  More specifically, this post will focus primarily on the changes that will make structural changes to the political system.  It’s not that votes on legalization of marijuana or changes to the criminal justice system are unimportant, it’s just that many of these referendums are the results of the failure of the elected politicians to address these issues.  and it’s the structural changes that may (or may not) make legislatures more responsive to these types of issues.

Several states are considering changes to the structure of elections  In Massachusetts, voters will have the option of following in Maine’s footsteps by adopting ranked-choice voting for most state and federal elections (except for President). Continue Reading...

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Election Night Preview — Part 1 (6 PM to 8 PM EST)

Election Night in the U.S. is always different from how things play out in most other countries.  The U.S. is one of a handful of countries that have more than two time zones.  And, in most of those other countries, all areas within the same time zone close at the same time.  Voting hours in these countries are set by federal law.  In the U.S., however, voting hours are set by state law.   And that creates a weird sequence of poll closing times.

In addition, poll closing times are, in some sense, tentative.  While you need to be in line to vote by the time that polls close, anybody in line to vote gets to vote.  For states that close in the early evening, long lines at closing time are nor unusual as there is not much of a window to vote after getting home from work resulting in many people attempting to vote after work still being in line when the polls cloase.  And there is always the possibility of an emergency order permitting certain precincts to stay open late to compensate for problems earlier in the day.  Even after polls close, many jurisdictions use a centralized counting location.   That means that there is a lag time between the polls closing and the ballots getting to the counting location.  In my county, the closest precincts are still only getting to the county seat about thirty minutes after polls close and the far edges of the county are getting there around an hour after the polls close.  As a result, it typically takes ninety minutes for my small (eighteen precinct) county to report all of the results.  Large urban counties can take three to four hours to report all of their election night results.  This delay in reporting (which is pretty much the same in most states) is one thing that traditionally makes it difficult to project result.  If the three largest counties in a state have only reported 10% of the vote while the rest of the state is 80% in, there is still a large number of votes that can change who wins a close race.

The other issue that will impact this election is the number of mail-in votes.  As we have previously discussed, every state has different rules for counting mail-in votes.  In most states, early in-person votes will be released around the same time (if not before) the election day votes, but mail-in votes will be reportedly differently in different states.  As such, with each state, the big questions will be:  1) is the reported vote just the early vote or also the election day vote; 2) if we have full early vote and partial election day vote, how much does the election day vote differ from the early vote; and 3) how much of the mail-in vote has been counted and how much may remain to be counted or still be “in the mail”?  The early count from a state may appear to be lopsided, but — without knowing the answers to these questions — it will be more difficult to determine if we have enough of the vote counted to know who is going to win.  In states that are used to large mail-in vote totals, it is not unusual to not know the winner of the closest race for a day or two after the election as we finally get enough mail-in votes counted. Continue Reading...

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Delegate Math 2020 — March 17

After the sprint of twenty-four contests in fifteen days, this week’s four primaries represents a slowing of the pace.  After the March 17 contests, there will be only seven contests over the next three weeks concluding with the Wisconsin primary before there is a three-week break between Wisconsin and the Mid-Atlantic primary on April 28.  (EDIT:  Now six contests, with Georgia’s primary being postponed until May.)

In the last two weeks, in the states that vote by mail, we have seen the early results showing significant number of votes for candidates that are no longer in the race.  As counting has continued, however, the later arriving ballots have swung away from the candidates who have suspended their campaigns and toward Senator Sanders and Vice-President Biden.  There will have been some early voting in the states that are voting on March 17.  As such, the initial release of numbers will probably include some votes for these candidates, but that number should decline over the evening as election day returns are added in.

With the narrowing of the field, delegate math is now a state-by-state struggle.  And this state-by-state battle is different for the Democratic primaries than it is on the Republican side.  The media likes to focus on who wins a state.  And, in the general election (and in many states on the Republican side), the winner-take-all rule makes winning a state very important.  On the Democratic side, the proportional allocation of delegates means that it matters more whether somebody wins a state by a large margin than who wins the state.  As we have seen over the past seven days, a narrow in by Vice-President Biden is currently netting him around seven delegates in a large state, but his big win in Mississippi (less than half the size of Washington) is netting him over thirty delegates. Continue Reading...

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