Redistricting Law — The Foundation

Before plunging into the deep end of redistricting law, you can attend this session and learn the fundamentals of the legal framework that governs the line-drawing process in a session helpful for attorneys and non-attorneys alike.

Speaker:
Peter Wattson, Senate Counsel, Minnesota

The U.S. Department of Justice and the 2010 Redistricting Cycle

As the federal agency charged with enforcement of the 1965 Voting Rights Act, the Department of Justice plays a key role in line-drawing through both section 5 preclearance in 16 states and in all other states through litigation that might arise under section 2 of the Act.  In this session, the U.S. Assistant Attorney General for Civil Rights will discuss the priorities of the Department in the 2010 redistricting cycle.

Speaker:
Tom Perez, Assistant Attorney General, Civil Rights Division, U.S. Department of Justice, Washington, D.C.

 A Closer Look at Key Decisions since 2000

The Supreme Court may not have been as active in the 2000s as in the 1990s, but federal courts did issue several major opinions during the past few years that are important to review before the next round of redistricting.  The session will cover, in-depth, major decisions issued in the past ten years on the Voting Rights Act and one person--one vote. The rules have changed for 2010.

Speakers:
Ben Ginsberg, Attorney, Patton Boggs LLP, Washington, D.C.
Dale Ho, Assistant Counsel, NAACP Legal Defense and Educational Fund, New York
Nina Perales, Southwest Regional Counsel, MALDEF, Texas
Nate Persily, Professor, Columbia University School of Law, New York
Hans von Spakovsky, Senior Legal Fellow/Manager, Civil Justice Reform Initiative, The Heritage Foundation, Washington, D.C.

2010 Census Is Underway

Census is day is less than two weeks after this session on April 1st.  Census forms will have been delivered, and legislators should be working hard to promote a strong response.  This session will examine a range of issues having to do with the census data, process and redistricting.

Speakers:
Steve Jost, U.S. Census Bureau, Washington, D.C.
Cathy McCully, Chief, Redistricting Data Office, U.S. Census Bureau, Washington, D.C.

Traditional Redistricting Principles—Communities of Interest

Courts have said that states must consider traditional redistricting principles when drawing plans including taking into consideration "communities of interest."  How does a state determine a community of interest and what does the concept really mean?

Speakers:
Clark Bensen, Polidata, Virginia
Doug Johnson, National Demographics Corporation, California

Partisan Gerrymandering and the Courts

In April of 2004, the U.S. Supreme Court upheld a Congressional plan from Pennsylvania that plaintiffs alleged was an unconstitutional partisan gerrymander in a sharply divided 5-4 decision.  Most legal scholars believe that the court left the door barely cracked for a future challenge.  What can legislatures glean from the expanded body of Supreme Court jurisprudence on the topic of gerrymandering?  Is there a line that cannot be crossed?

Speakers:
Jessie Ring Amunson, Associate, Jenner and Block LLP, Washington, D.C.
Mark Braden, Attorney, Baker Hostetler LLP, Washington, D.C.
Michael DeSanctis, Managing Partner, Jenner and Block, LLP, Washington, D.C.

Adjusting Census Data Before Redistricting

A couple of states alter the census data to exclude specific populations before beginning the redistricting process.  Some would like to see states reallocate incarcerated persons and there are others who would like redistricting data to only include U.S. citizens.  What are the legal and data questions that lurk behind these proposals?

Speakers:
Mary Galligan, former Redistricting Staff, Legislative Research Department, Kansas
David Hanna, Texas Legislative Council, Texas
Brenda Wright, Director of Democracy Program, Demos, New York

Open Records Laws and the Redistricting Process

Open records laws vary considerably from state to state.  This session will look at the redistricting process and the sometimes proprietary data that legislatures develop to complete the task.  What data and communication are discoverable in litigation, and what must be shared upon request?

Moderator:
Jeff Wice, Majority Counsel, Senate, New York

Speakers:
Jeff Archer, Chief Legislative Counsel, Texas Legislative Council, Texas
Bob Heath, Attorney, Bickerstaff Heath Delgado Acosta, LLP, Texas

Competitiveness Criteria

One popular theory about redistricting is that it contributes to noncompetitive elections that undermine the foundation of our democracy.  This session will discuss efforts by some states to establish electoral competitiveness as a criteria.  How can a legislature measure what makes a district competitive when drafting plans?  The session will also explore the emerging trend in American demographics of geographic clusters of like-minded people.

Speaker:

Bill Bishop, author, The Big Sort, Texas
Tom Brunell, professor, University of Texas at Dallas, Texas
Michael McDonald, Associate Professor, George Mason University, Virginia

Gerrymandering - The Movie

In the next couple of months, documentary filmmaker, Jeff Reichert, plans to release a new film titled, Gerrymandering - The Movie.  The movie's website describes it as a "documentary film that will examine the conspiracy of partisan redistricting - a legislative technique that allow politicians to manipulate electoral boundaries and influence elections for decades at a time.... Gerrymandering will trace the history of this political weapon from the signing of the Constitution through to today's high-stakes, computer aided mapping battles." We will preview the film and have a short follow-up discussion. 

Sunday, March 28, 2010

Compact Legislative Districts

Why is it important from a legal standpoint to worry about compact districts?  States are expected to consider the geographic shapes of legislative districts.  There are various ways to assess and evaluate compactness.  What are the different compactness measures and will they stand up in a lawsuit?

Speakers:
Kim Brace, Election Data Services, Virginia
Tom Hofeller, Republican National Committee, Washington, D.C.

The Process and Challenges of Complying with Section 5 of the Voting Rights Act

This session is especially targeted for attendees from the 16 states that must gain preclearance for new district maps from the Department of Justice or from the U.S. District Court in Washington, D.C. How does the preclearance process actually work and what do line drawers need to know about the process when considering and adopting plans?

Speakers:
Kristen Clarke, NAACP Legal Defense and Educational Fund, Washington, D.C.
Gerry Hebert, Executive Director and Director of Litigation, Campaign Legal Center, Washington, D.C.
Glenn Koepp, Secretary of the Senate, Louisiana
John Tanner, Attorney, Alabama
Ramiro Canales, Attorney, RedistrictingLaw.com, Texas
Robert Berman, Deputy Chief, Civil Rights Division, Department of Justice, Washington, D.C.