Independent redistricting commissions for U.S. states and cities

Editor's introduction: Over the past 36 years attorney Steve Bickerstaff, adjunct professor at the University Of Texas School Of Law, has represented more than 100 jurisdictions on redistricting matters, including during the redistricting process, or before the U.S. Department of Justice, or in state or federal courts. These jurisdictions include the State of Texas (in three different decades) and various local governments (cities, counties, school districts, community colleges and special districts) in Texas and elsewhere. The electoral systems of these jurisdictions have included wholly at-large, wholly single-member, and hybrid or mixed (partially at-large) election structures.

He is author of Lines in the Sand (2007), a book about the controversial 2003 congressional redistricting in Texas; co-author of International Election Principles (2009); and author of 25 law journal articles dealing primarily with election law and telecommunications regulation.

Bickerstaff wrote the initial draft for the nonpartisan Citizens Independent Redistricting Commission. The Commission is an integral part of Proposition 3, which was put on the ballot through a petition drive conducted by Austinites for Geographic Representation. Bickerstaff’s draft was based on the Voters First Act, which through initiative and referendum established a system of independent redistricting in the State of California.

It is important that Austin voters have a thorough understanding of the Citizens Independent Redistricting Commission before casting ballots in the November 6 election. To that end, The Austin Bulldog is publishing Bickerstaff’s scholarly study of the strengths and weaknesses of various systems used for redistricting throughout the nation.

  Much has been written about the use of redistricting commissions for redrawing state legislative and congressional district lines. Twenty- two states now have some form of commission. However, the nature, jurisdiction and importance of these commissions vary greatly. By contrast, virtually nothing has been written about the use of redistricting commissions at the local level of government. This is particularly surprising because virtually all large and middle-size U.S. cities use at least some election districts that must be redrawn every 10 years, and because most of these cities are home-rule jurisdictions that generally have broad legal authority to adopt their own process for drawing local election district boundaries.[1] A purpose of this article is to provide government officials, public interest activists, and attorneys with a means for assessing the value of a municipal redistricting commission and for designing such commission to take self-interest and bias out of a process in which they have no legitimate role.[2]  

Proposition 3 Advocates Falsely Accuse RECA

Group alleges ‘rumor’ of $100,000 pledge by Real Estate
Council to defeat Proposition 3, but RECA says not so

by Ken Martin
© The Austin Bulldog 2012
Posted Wednesday, September 12, 2012 10:25pm

An e-mail received early this morning from Austinites for Geographic Representation (AGR), that was titled "A Very Stinky Rumor" turned out to be stinky indeed—as in false.

Or so says the Real Estate Council of Austin.

The AGR e-mail stated, "Rumors are flying that large real estate investors at the Real Estate Council of Austin (RECA) just pledged $100,000 to stop Prop 3—the people's plan for geographic representation—by running a confusion game with Prop 4."

Monday's lunchtime debate drew about 40 people to hear arguments for not just Propositions 3 and 4 on the November 6 ballot, but reasons why voters should once again turn thumbs down to both plans for geographic representation in City Council elections.

The program was hosted by the Central Texas Democratic Forum, emceed by attorney Chuck Herring of Herring & Irwin LLP.

Until this debate, virtually all discussions about how council members should be elected have focused on the problems with the current all-at-large system and advocated for one of two proposed plans for change.

If you're concerned with how your local city government officials get elected—and how any change in the election system might affect your interests—you will have numerous opportunities to hear a thorough airing of the issues.

Two propositions on the city’s November 6 ballot offer choices for getting away from the all-at-large system we've had since 1953, when the council had five places and the elected council members chose the mayor from among their ranks. The council was expanded to seven places beginning with the 1969 election but it wasn’t until 1971 that citizens could directly elect their mayor.

Today, there are some who advocate keeping the election system we’ve got. However, the two major factions striving for change both advocate a new system of electing council members.

How to change is where they differ.