Skip to content
Search

Latest Stories

Top Stories

National solutions to gerrymandering are legal, and necessary

Opinion

Alexander Hamilton portrait

The Framers, including Alexander Hamilton, argued that the federal government must play a role in regulation elections, writes Richie.

Rob Richie is president and CEO of FairVote, a nonpartisan organization seeking better elections.

Earlier this week, the Senate failed to bring the Freedom to Vote Act to the floor, the third time this year a major voting reform bill has been blocked.

As members of Congress continue their efforts to pass the Freedom to Vote Act and the John Lewis Voting Rights Advancement Act in the coming weeks, some opponents aren't just rejecting the bills on their merits. Instead, they're making a historically inaccurate and dangerous "federalism argument" — that elections must be left entirely to the states.

Senate Minority Leader Mitch McConnell said last month that elections are "not something the federal government has been historically involved in" and called the Freedom to Vote Act"an assault on the fundamental idea that states, not the federal government, should decide how to run their own elections."

You don't need to look far to disprove this hide-the-ball argument. Article 1, Section 4 of the Constitution states: "Congress may at any time by Law make or alter such [election] Regulations." In "Federalist 59," Alexander Hamilton warned of the dangers of vesting voting and election laws entirely in the states, writing that "an exclusive power of regulating elections for the national government, in the hands of the State legislatures, would leave the existence of the Union entirely at their mercy."

Beyond the text of the Constitution and guidance of the Framers, the federalism argument is disproved by 200-plus years of federal election regulations. That history includes bipartisan bills that McConnell voted for, like the 2009 Military and Overseas Voter Empowerment Act, the 2006 reauthorization of the Voting Rights Act (which would effectively be revived by the John Lewis Voting Rights Advancement Act) and the 2002 Help America Vote Act that McConnell took a lead role in crafting.

In particular, there is a long history of federal law on House elections and district lines, one of the areas covered in both the Freedom to Vote Act and John Lewis Voting Rights Advancement Act. Hamilton specifically writes about this in "Federalist 59," stating that "the national government would run a much greater risk from a power in the State legislatures over the elections of its House of Representatives."

It's no surprise, then, that Congress has always regulated the number of members in the House of Representatives. It has set criteria for the way voters elect their U.S. representatives since at least 1842. A series of laws passed in the late 19th century and early 20th century established norms for congressional redistricting relating to contiguity, compactness, and relative population. A 1967 federal law is the reason every American is now represented by only a single member of the U.S. House. The Voting Rights Act of 1965 (re-authorized in 1982 and 2006) also sets rules around congressional redistricting.

As our Framers anticipated and as our leaders have acted upon since our nation's founding, there are times when federal election rules are needed for all Americans, typically drawing from election laws in our state "laboratories of democracy."

Now is certainly one of those times when federal action is necessary. State legislatures are incentivized to gerrymander their congressional districts in increasingly outlandish ways. Politicians choose their voters, representation is distorted, and nearly all districts are lopsided for one party. Without a national solution, individual state reforms can equate to disarming unilaterally, and too often state reforms are falling short.

Claiming that Congress should sit on its hands is wrong. If our elected leaders have good-faith reasons to vote against the Freedom to Vote Act and even the John Lewis Voting Rights Advancement Act, they should make those objections heard.

Indeed, not only do this year's bills deserve an up-or-down vote, Congress should also look to the future, with the Fair Representation Act as the most comprehensive path to make House elections fairer. This bill would replace our current tiny congressional districts with larger multimember congressional districts elected through proportional ranked-choice voting. In addition to giving voice to those in the minority and the full spectrum of voters, this approach would make it much harder to gerrymander congressional districts.

Regardless, it's time for McConnell and others to give up the false "states' rights" argument designed to avoid accountability. There is no question as to whether Congress has a role to play in regulating district lines and elections. Given the breakdown of state voting norms, it's time for Congress to do the job our Framers intended.


Read More

Capitol building with American flag behind it

Political Polarization and Extremism

Getty Images

Both Parties Have Forgotten How to Lose: It’s Time for Guardrails

On November 3 Americans vote in the midterm elections, and the most important question may be whether the losers accept the result. A Pew survey this summer found that just 55 percent of Americans are confident the midterms will be run fairly and accurately, down from 64 percent in 2022. The partisan detail is more revealing. Since 2024, Republican confidence has risen and Democratic confidence has fallen from 77 percent to 58 percent. Trust in the referee now depends on who holds power.

Democracy rests on a kind of sportsmanship agreement. The theologian Reinhold Niebuhr put it well: man’s capacity for justice makes democracy possible, but his inclination to injustice makes it necessary. B. R. Ambedkar, the chief architect of India’s constitution, called democracy a method of bringing revolutionary change without bloodshed. Both understood that the system works only if the losing side agrees to try again next time instead of burning down the field. Americans in both parties are forgetting how to do that.

Keep ReadingShow less
Benjamin Franklin's portrait on the one hundred-dollar bill alongside the US flag

Benjamin Franklin's portrait on the one hundred-dollar bill alongside the US flag

Getty Images

The Power of the Mega-Rich Perverts the Democratic Process

A recent NewYork Times article reported that a total of $11.6 billion will be spent on advertising in the current midterm elections, with $1 billion being spent in its last 2 weeks. Republican super PACs have invested $1.6 billion, twice the amount of Democratic super PACs. Elon Musk has contributed $420 million.

While money has always spoken in American elections, and the force of money's voice became even louder after the Supreme Court's decision in Citizens United, the experience of the current election season shows clearly why the unregulated flow of money from the mega-rich into election campaigns is perverting our democratic process.

Keep ReadingShow less
Business meeting, blurred background and people in office for teamwork, collaboration and planning

Another recruitment drive won’t fix a nonprofit board. A practical guide to sharing real decision-making power with diverse members: acknowledge, affirm, act.

Jacob Wackerhausen/Getty Images

Before Recruiting Diverse Board Members, Examine Who Holds Power

Nonprofit leaders keep asking me where they will find the next generation of diverse board talent. My question is what those leaders will be allowed to change once they arrive. In this piece, I outline concrete steps boards can take to ensure diverse members have real opportunities to shape organizational decision-making and to translate good intentions into meaningful progress.

In my board service and consulting work, I hear the concern from executives and grassroots activists alike. They worry about recruiting successors, sustaining funding, and governing organizations whose work increasingly depends on partnerships beyond their own walls. I share those concerns. I also wonder whether another recruitment initiative will solve what troubles them.

Keep ReadingShow less