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by Nolan McCarty, Keith T. Poole and Howard Rosenthal

Oct. 9 (Bloomberg) — What if we told you that the gerrymandering of congressional districts has nothing to do with political polarization in Washington? Gerrymandering didn’t have anything to do with the shutdown, or the battles over the debt ceiling, or Obamacare. In fact, the accepted view that politically based redistricting led to our state of intransigence isn’t just incorrect; it’s silly.

The real reason for our increasingly divided political system is much simpler: The right wing of the Republican Party has embraced a fundamentalist version of free-market capitalism and succeeded in winning elections. (The Democrats have moved to the left, but less so.)

The Republican shift is the result of several factors. The realignment of Southern white voters into the Republican Party, the branch of conservative activism created by Barry Goldwater’s 1964 presidential campaign and the party’s increasingly firm stance on issues such as income inequality and immigration, can all be important to Republicans’ rightward shift.

The “blame it on the gerrymanders” argument mistakenly assumes that because redistricting created more comfortable seats for each party, polarization became inevitable. Our research, however, casts serious doubt on that idea.

The most important element affecting polarization in the House of Representatives is the divergent approaches that Democrats and Republicans take to representing districts that are otherwise similar in terms of demographics and presidential voting. Even in moderate districts, Democratic representatives are still very liberal and Republican representatives are very conservative. This reflects a widening ideological gap, not different lines on a map.

Consider, for example, the rise of the mastermind of the shutdown, Senator Ted Cruz. The Texas Republican won his seat, as does every member of the Senate, in a statewide race, without any benefit from gerrymandering. The same is true for other Tea Party stalwarts in the Senate such as Rand Paul of Kentucky and Mike Lee of Utah.

The analysts who are wedded to the view that gerrymandering is at the root of the congressional impasse argue that rancor spread to the Senate from the House. Yet it could also be argued that the force-feeding has run in the other direction, that it was Cruz who stimulated adamancy among Tea Party conservatives in the House, leading to the standoff.

As for the shifting ideology of the House, political scientists have demonstrated that whenever a congressional seat switches parties, the voting record of the new member is very different from that of the departing member, increasing polarization. In other words, it is becoming more common to observe a very liberal Democrat replaced by a very conservative Republican (and vice versa).

Such a shift happened in Minnesota. In 2010, one of the liberal giants in the House, Jim Oberstar, was defeated by former Navy pilot Chip Cravaack. As a congressman, Cravaack compiled a reliably conservative voting record and even supported Michele Bachmann’s bid for a House leadership position. But in 2012, Cravaack was defeated by Rick Nolan, a liberal Democrat. So in the course of four years, Minnesota’s 8th District swung from liberal to conservative back to liberal. Gerrymandering can’t explain this pattern of turnover.

The number of politically safe seats in the House isn’t fully explained by gerrymandering, either. Other, longer-term trends play a role, too.

The regional realignments that gave Democrats control of the Northeast and Republicans control of the South in the 1960s and 1970s have had a large impact on the ideological makeup of Congress, as have the increasing interest gaps between urban and rural voters.

There is another distinction. Many districts are safe for one party or the other because of how Americans have sorted themselves geographically — choosing to live closer to people who are politically or culturally like-minded. In Florida, for example, Palm Beach County will be reliably Democratic and the Panhandle will consistently vote for Republicans. These geographic shifts mean that state legislatures, which approve congressional district lines, can tweak but not fundamentally alter the ideological makeup of Congress.

Congress also has a handful of representatives from one-district states such as Vermont and Wyoming that can’t be subject to gerrymandering. Yet they are just as partisan as their colleagues from gerrymandered districts in other states.

The gerrymandering myth doesn’t do a good job of accounting for recent political history, either. After the reapportionment based on the 2000 census, Republicans maintained control of the House in 2002 and 2004. But Democrats won control of the House in 2006 and extended their margin in 2008. Republicans won back the majority in 2010. (Reapportionment after the 2010 census only took effect in 2012.)

So the 2000 reapportionment not only failed to give Republicans firm control of the House, it also gave Democrats opportunity to pass a series of bills that Republicans continue to battle, including the Affordable Care Act, the Dodd-Frank financial regulations, the stimulus package and credit-card reform.

Ideologies are rigid and evolve slowly. Political polarization can be attributed to a number of factors, but evidence shows gerrymandering just isn’t one of them.

(Nolan McCarty is the Susan Dod Brown Professor of Politics and Public Affairs at Princeton University. Keith T. Poole is the Philip H. Alston Jr. Distinguished Professor at the University of Georgia. Howard Rosenthal is a professor of politics at New York University.)

Photo: North Charleston via Flickr

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The Arizona 2020 election "audit" under way

Screenshot from azaudit.org

As ongoing threats by Trump loyalists to subvert elections have dominated the political news, other Republicans in two key states—Florida and Arizona—are taking what could be important steps to provide voters with unprecedented evidence of who won their most close and controversial elections.

In both battleground states, in differing contexts, Republicans are lifting the curtain on the data sets and procedures that accompany key stages of vetting voters, certifying their ballots, and counting votes. Whether 2020’s election-denying partisans will pay attention to the factual baselines is another matter. But the election records and explanations of their use offer a forward-looking road map for confronting the falsehoods that undermine election results, administrators, and technologies.

In Republican-run Florida, the state is finalizing rules to recount votes by incorporating digital images of every paper ballot. The images, together with the paper ballots, create a searchable library to quickly tally votes and identify sloppily marked ballots. Questionable ballots could then be retrieved and examined in public by counting boards to resolve the voter’s intent.

“The technology is so promising that it would provide the hard evidence to individuals who want to find the truth,” said Ion Sancho, former supervisor of elections in Leon County, where Tallahassee is located, who was among those on a January 4 conference call workshop led by the Division of Elections seeking comments on the draft rule and procedures manual revisions.

Under the new recount process, a voter’s paper ballot would be immediately rescanned by an independent second counting system—separate from what each county uses to tally votes. The first digital file produced in that tabulation process, an image of every side of every ballot card, would then be analyzed by software that identifies sloppy ink marks as it counts votes. Several Florida counties pioneered this image-based analysis, a version of which is used by the state of Maryland to double-check its results before certifying its election winners.

“The fact that it has overcome opposition from the supervisors of elections is telling because the number one problem with the [elected county] supervisors is [acquiring and learning to use] new technology; it’s more work to do,” Sancho said. “The new technology doesn’t cost much in this case. Everyone has scanners in their offices already because every voter registration form by law must be scanned and sent to the Division of Elections.”

The appeal of using ballot images, apart from the administrative efficiencies of a searchable library of ballots and votes, is that the images allow non-technical people to “see” voters’ intent, which builds trust in the process and results, said Larry Moore, the founder and former CEO of the Clear Ballot Group, whose federally certified technology would be used in Florida recounts.

But Florida’s likely incorporation of ballot images into its recount procedures, while a step forward for transparency, is unfolding in a fraught context. In 2021, its GOP-majority state legislature passed election laws that are seen as winnowing voters and rolling back voting options. In other words, it may be offering more transparency at the finish line but is also limiting participation upstream.

The new recount rule is expected to be in place by this spring, months before Florida’s 2022 primaries and midterm elections. Among the issues to be worked out are when campaign and political party officials and the public would observe the new process, because the election administrators do not want partisans to intentionally disrupt the rescanning process. These concerns were raised by participants and observers on the teleconference.

The Arizona Template


In Arizona, Maricopa County issued a report on January 5, “Correcting the Record: Maricopa County’s In-Depth Analysis of the Senate Inquiry.” The report is its most substantive refutation of virtually all of the stolen election accusations put forth by Trump loyalists who spent months investigating the state's presidential election.

Beyond the references to the dozens of stolen election accusations put forth by pro-Trump contractors hired by the Arizona Senate’s Republicans, the report offered an unprecedented road map to understanding how elections are run by explaining the procedures and data sets involved at key stages.

The report explained how Maricopa County, the nation’s second biggest election jurisdiction (after Los Angeles County) with 2.6 million registered voters, verified that its voters and ballots were legal. It also explained key cybersecurity features, such as the correct—and incorrect—way to read computer logs that prove that its central vote-counting system was never compromised online, as Trump supporters had claimed in Arizona (and Michigan).

“I’ve never seen a single report putting all of this in one place,” said John Brakey, an Arizona-based election transparency activist, who has sued Maricopa County in the past and routinely files public records requests of election data. “Usually, it takes years to understand all this.”

Taken together, Florida’s expansion of recounts to include using digital ballot images, and Maricopa County’s compilation of the data and procedures to vet voters, ballots, and vote counts, reveal that there is more evidence than ever available to confirm and legitimize election participants and results.

For example, Maricopa County’s investigation found that of the 2,089,563 ballots cast in its 2020 general election, one batch of 50 ballots was counted twice, and that there were “37 instances where a voter may have unlawfully cast multiple ballots”—most likely a spouse’s ballot after the voter had died. Neither lapse affected any election result.

“We found fewer than 100 potentially questionable ballots cast out of 2.1 million,” the report said. “This is the very definition of exceptionally rare.”

When Maricopa County explained how it had accounted for all but 37 out of 2.1 million voters, it noted that the same data sets used to account for virtually every voter were also used by the political parties to get out the vote. Thus, the report’s discussion of these data sets—voter rolls and the list of people who voted—offered a template to debunk voter fraud allegations. This accusation has been a pillar of Trump’s false claims and is a longtime cliché among the far right.

It is significant that this methodology, indeed the full report, was produced under Maricopa County Recorder Stephen Richer, a conservative Republican who has repeatedly said that he had voted for Trump, and was fully endorsed by Maricopa County’s Board of Supervisors, which has a GOP majority and held a special hearing on January 5 to review the findings.

In other words, the report is not just a rebuttal for the Arizona Senate Republican conspiracy-laced post-2020 review. It is a road map for anyone who wants to know how modern elections are run and how to debunk disinformation, including conspiracy theories involving alleged hacking in cyberspace.

“There is not a single accurate claim contained in [Arizona Senate cybersecurity subcontractor] CyFIR’s analysis of Maricopa County’s tabulation equipment and EMS [election management system],” the reportsaid, referring to accusations that counts were altered. “This includes the allegation that county staff intentionally deleted election files and logs, which is not true.”

When you add to Maricopa County’s template the introduction of a second independent scan of every paper ballot in future Florida recounts, what emerges are concrete steps for verifying results coming from Republicans who understand how elections work and can be held accountable.

Of course, these evidence trails only matter if voters or political parties want to know the truth, as opposed to following an ex-president whose political revival is based on lying about elections. However, more moderate Republicans seem to be recognizing that Trump’s stolen election rhetoric is likely to erode their base’s turnout in 2022, as Trump keeps saying that their votes don’t matter.

“You’ve got Republican buy-in,” said Florida’s Sancho, speaking of his GOP-ruled state’s embrace of more transparent and detailed recounts. “And Republicans, more than anyone else, should be concerned about whether their votes were counted as cast and as the voter intended.”

Steven Rosenfeld is the editor and chief correspondent of Voting Booth, a project of the Independent Media Institute. He has reported for National Public Radio, Marketplace, and Christian Science Monitor Radio, as well as a wide range of progressive publications including Salon, AlterNet, The American Prospect, and many others.

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Photo by Tom Williams via Reuters

The search is on for a new director of the federal Bureau of Prisons after Michael Carvajal announced on January 5 that he’s retiring from his appointed post and will leave when the Department of Justice finds his replacement.

The Biden Administration needs to replace Carvajal with a person who knows prisons inside and out: someone who’s been incarcerated before.

When President Joe Biden announced his first round of cabinet picks just weeks after being elected in 2020, then Vice President-elect Kamala Harris said: “When Joe asked me to be his running mate, he told me about his commitment to making sure we selected a cabinet that looks like America – that reflects the very best of our nation.

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