Skip to content
Search

Latest Stories

Top Stories

Partisan gerrymander landmark: N.C. court says state districts violate state constitution

North Carolina legislative map

The current map of state House districts in North Carolina, won by 65 Republicans and 55 Democrats last fall.

North Carolina's state legislative district lines are so contorted to favor Republicans that they violate the state constitution, a panel of three state judges ruled unanimously on Tuesday.

The ruling is a breakthrough victory for crusaders against partisan gerrymandering. They chose North Carolina first this summer when they turned to the state courts for sympathy, after the U.S. Supreme Court declared that federal courts have no authority to referee the limits of partisan power grabs in the drawing of electoral boundaries.


But the Supreme Court decision was clear in saying state courts could consider such gerrymandering claims based on the constitutions of their own states, some of which have provisions that are more expansive than the federal document.

The North Carolina constitution, for example, has a "free elections" clause that the judges cited in their ruling, saying it was breeched (as were the document's protections for the free speech, equal protection and freedom of assembly for the state's Democratic voters) when the GOP-majority legislature drew maps to assure they'd dominate elections for the state House and state Senate at least through the end of the decade.

"Extreme partisan gerrymandering does not fairly and truthfully ascertain the will of the people," the judges wrote. "Voters are not freely choosing their representatives. Rather, representatives are choosing their voters. It is not the will of the people that is fairly ascertained through extreme partisan gerrymandering. Rather, it is the will of the map drawers that prevails."

Sign up for The Fulcrum newsletter

The decision may well bring to an end one of the longest-running battles in the country over partisans excesses in electoral mapmaking. The majority leader of the state Senate, Republican Phil Berger, said he had no plans to lead an appeal. "We intend to respect the court's decision and finally put this divisive battle behind us," he said in a statement. "Nearly a decade of relentless litigation has strained the legitimacy of this state's institutions, and the relationship between its leaders, to the breaking point. It's time to move on."

The judges (two Democrats and one Republican) gave the legislators two weeks to come up with new maps to be used in the 2020 elections and said they could not take into account any data about election results. They also ordered that the maps be drawn entirely in public, with the computer displays visible to all.

The tight deadline is because candidates have already declared and the first round of primaries is supposed to be in February.

The ruling did not cover the congressional boundaries, which are also drawn to favor the GOP, and so next week's special election to fill one of the House seats will not be disrupted.

In a decision running 357 pages, after a two-week trial in July, the judges said Republican state legislators had employed "surgical precision" to dilute Democratic voters' strength.

All decade, Republicans were consistently able to win more than 60 percent of seats in both of the state's legislative chambers despite only winning about half of the total statewide vote. The GOP majorities were veto-proof until after last year's election.

Read More

"Vote Here" sign
Grace Cary/Getty Images

The path forward for electoral reform

The National Association of Nonpartisan Reformers hosted its post-election gathering Dec. 2-4 in San Diego. More than 120 leaders from across the country convened to reflect on the November elections, where reform campaigns achieved mixed results with multiple state losses, and to chart a path forward for nonpartisan electoral reforms. As the Bridge Alliance Education Fund is a founding member of NANR and I currently serve on the board, I attended the gathering in hopes of getting some insight on how we can best serve the collective needs of the electoral reform community in the coming year.

Keep ReadingShow less
Peopel waiting in line near a sign that reads "Vote Here: Polling Place"

People wait to vote in the 2024 election at city hall in Anchorage, Alaska.

Hasan Akbas/Anadolu via Getty Images

How Alaska is making government work again

At the end of a bitter and closely divided election season, there’s a genuine bright spot for democracy from our 49th state: Alaskans decided to keep the state’s system of open primaries and ranked choice voting because it is working.

This is good news not only for Alaska, but for all of us ready for a government that works together to get things done for voters.

Keep ReadingShow less
people voting
Getty Images

How to reform the political system to fight polarization and extremism

On Dec. 19, at 6 p.m., Elections Reform Now will present a webinar on “How to Reform the Political System to Combat Polarization and Extremism.”

In 2021, a group of the leading academics in the United States formed a task force to study the polarization of the American electorate and arrive at solutions to the dysfunction of our electoral system. They have now written a book, "Electoral Reform in the United States: Proposals for Combating Polarization and Extremism," published just this month.

Keep ReadingShow less
a hand holding a red button that says i vote
Parker Johnson/Unsplash

Yes, elections have consequences – primary elections to be specific

Can you imagine a Republican winning in an electoral district in which Democrats make up 41 percent of the registered electorate? Seems farfetched in much of the country. As farfetched as a Democrat winning in a R+10 district.

It might be in most places in the U.S. – but not in California.

Republican Rep. David Valadao won re-election in California's 22nd congressional district, where registered Republicans make up just shy of 28 percent of the voting population. But how did he do it?

Keep ReadingShow less