Skip to content
Search

Latest Stories

Follow Us:
Top Stories

To test the fairness of 21st century districts, try an 18th century method

Opinion

Anti-gerrymandering rally at Supreme Court
The Washington Post/Getty Images

Eguia is an economics professor at Michigan State University and volunteered for the 2018 Voters Not Politicians ballot initiative that produced the state's new independent redistricting commission.


When the census results are released, states will use the figures to draw new boundaries for House districts and state legislatures. This process has been controversial since the very early days of the nation — and continues to be today.

Throughout history, electoral maps have often been drawn to give the party in power continued political advantage, diluting the power of some people's votes.

Today, advanced math and computer algorithms analyze potential boundaries, making it easier to spot these unfairnesses. But there is a simpler way to combat this partisan gerrymandering — and it's based on a system used early in American history.

In the beginning, there weren't formal electoral districts. Instead, representation was based on counties and towns. For instance, Pennsylvania decided in 1776 that each county, and the city of Philadelphia, would be assigned state assembly seats "in proportion to the number of taxable inhabitants."

The Constitution declared in 1788 that seats in the House would be allocated to the states based on population. But it gave no guidance about how to fill those seats. Some states chose to draw district maps, with each district getting one representative. Others chose to grant the entire delegation to the party with the most votes statewide.

In the first half of the 1800s, states gradually shifted to drawing single-member districts. The ideal was for each lawmaker to represent an equal number of people.

New census data, available every 10 years, was useful for doing this, but many states didn't adjust the lines for population changes. As a result, newly developed regions with rapid growth found themselves with less representation than more established population centers with slower growth.

It wasn't until 1964 that the Supreme Court ruled all states had to draw congressional and legislative districts to guarantee each included an equal number of people at the time of the latest census.

At that point, the controversy shifted from the population deviations of districts to their shapes.

An unfair map can favor one party by spreading its supporters across many districts and concentrating opponents in a few. The 2018 North Carolina congressional elections, for example, saw Republican candidates win 50 percent of the votes statewide. But the GOP had drawn the districts, so the party won 10 of the 13 seats. In the three districts Democrats won, they scored landslide victories. In the other 10 districts, Republicans won, but with smaller margins.

Maps aren't necessarily unfair just because they deliver lopsided results. Sometimes supporters of one party are already concentrated, as in cities. It's possible for fair maps to deliver large Democratic wins in Philadelphia, Atlanta, Detroit or Milwaukee while the party gets only half the statewide votes in Pennsylvania, Georgia, Michigan or Wisconsin.

A better way to analyze a redistricting map for fairness is to compare it with other potential maps.

Making this comparison doesn't require knowing how individuals voted. Rather, it involves looking at the smallest units of vote tabulation — precincts, sometimes called wards. They usually have between a few hundred and a couple thousand voters; larger districts are made from groups of precincts.

Computers can really help, creating many alternate maps by assembling precincts in different combinations. Then past votes from the precincts are totaled to see which party would probably win. Such alternate results can shed light on the fairness of the map that gets adopted.

For instance, Republican candidates got fewer votes statewide than Democrats in the 2012 congressional contests in Pennsylvania, but the GOP won 13 of the 18 seats. Researchers created 500 alternative maps, which had Republicans winning eight, nine or 10 most times but never more than 11. Seeing that evidence, the state Supreme Court ruled the map violated the state Constitution's standards for free and equal elections. It ordered a new map, under which the state sent nine members of each party to the House in both 2018 and 2020.

A simpler way to evaluate districts is to imagine assigning seats as Pennsylvania did in 1776: The party winning the vote in each county or large town got seats in proportion to the location's population.

Comparing county results with a potential district's results will reveal any major difference between the imaginary and real results — and signal an unfair partisan advantage.

Take North Carolina, with 100 counties. Two years ago Republican House candidates got more votes in 72 of them, with 51 percent of the state's population. Under the 1776 Pennsylvania system, the GOP would deserve 51 percent of the 13 seats — six or seven after rounding. But any more than eight would be an unfair and artificial partisan advantage.

The map used in 2018, when the GOP took 10 seats, was also thrown out by the state courts as an unconstitutional partisan gerrymander. The map used this fall will send two new Democrats to the Capitol.

To be clear, I'm not proposing actually returning to the 18th century Pennsylvania methods. I'm proposing its potential outcomes be used to evaluate maps of electoral districts drawn with equal populations. If the results are similar, then the map is likely relatively fair.

This measure of partisan advantage is much simpler to compute than making up myriad alternative maps.

Evidence for that comes from taking the results in 41 states for the four congressional elections before 2020, then comparing them to what would have happened if seats were assigned to counties and major cities.

The result: The actual House maps created a 17-seat advantage for the GOP. The states with the most unfair advantages relative to their total delegation size were North Carolina, Utah, Michigan and Ohio in favor of Republicans and Maryland favoring Democrats.

Auspiciously, court rulings and citizen ballot initiatives in the past five years have led to redistricting reform in four of these states. Continued civic engagement can help to induce mapmakers to draw redistricting maps that guarantee fairer representation — starting next year.

A version of this article originnally appeared in The Conversation.


The Conversation


Read More

A person signing a piece of paper with other people around them.

Javon Jackson, center, was able to register to vote following passage of a 2019 Nevada law that restored voting rights to formerly incarcerated individuals.

The Nation Is Missing Millions of Voters Due to Lack of Rights for Former Felons

If you gathered every American with a prison record into one contiguous territory and admitted it to the union, you would create the 12th-largest state. It would be home to at least 7 million to 8 million people and hold a dozen votes in the Electoral College.

In a close presidential race, this hypothetical state of the formerly incarcerated could decide who wins the White House.

Keep ReadingShow less
People standing at voting booths.

The proposed SAVE Act and MEGA Act would require proof of citizenship to register to vote, risking the disenfranchisement of millions of eligible Americans.

Getty Images, EvgeniyShkolenko

The SAVE Act is a Solution in Search of A Problem

The federal government seems to be barreling toward a federal election power grab. Trump's State of the Union address called for the Senate to push through the SAVE Act, which has already passed the House, in the name of so-called "election integrity." And the SAVE Act isn’t the only such bill. Like the SAVE Act, the Make Elections Great Again (MEGA) Act—introduced in the House—would require voters to provide a document outlined in the Act that allegedly proves their U.S. citizenship. We’ve been down this road before in Texas, and spoiler alert: it was unworkable.

Both the SAVE and MEGA Acts would disenfranchise millions of eligible U.S. citizens without making our federal elections more secure. They seek to roll out a faulty federal voter registration system, despite the existing separate registration and voting process for state and local elections. And these Acts target a minuscule “problem”—but would unleash mass voter purges and confusion.

Keep ReadingShow less
Stickers with the words "I Voted Today."

Virginia is on its way to be the 19th jurisdiction to adopt the National Popular Vote Interstate Compact, bringing the U.S. closer to electing presidents by the national popular vote.

Getty Images, EyeWolf

Virginia On The Path to Join the National Popular Vote Interstate Compact

NPVIC is an agreement among U.S. states and the District of Columbia to award all their electoral votes to the presidential ticket that wins the overall popular vote in all 50 states and the District of Columbia. It is considered a pragmatic, voluntary state-based initiative because it aims to ensure the winner of the national popular vote wins the presidency without requiring a constitutional amendment, operating instead within the existing Electoral College framework by utilizing states' constitutional authority to appoint electors. If enough states join the NPVIC to reach a total of 270 electoral votes, the United States will effectively shift from a winner-take-all (WTA) regime to a national popular vote system for electing the President.

With Virginia's adoption, the National Popular Vote Interstate Compact will be adopted by eighteen states and the District of Columbia, collectively holding 222 electoral votes. The compact requires 270 electoral votes (a majority of the 538 total) to take effect. It currently needs forty-eight more electoral votes to become active.

Keep ReadingShow less
With the focus on the voting posters, the people in the background of the photo sign up to vote.

Should the U.S. nationalize elections? A constitutional analysis of federalism, the Elections Clause, and the risks of centralized control over voting systems.

Getty Images, SDI Productions

Why Nationalizing Elections Threatens America’s Federalist Design

The Federalism Question: Why Nationalizing Elections Deserves Skepticism

The renewed push to nationalize American elections, presented as a necessary reform to ensure uniformity and fairness, deserves the same skepticism our founders directed toward concentrated federal power. The proposal, though well-intentioned, misunderstands both the constitutional architecture of our republic and the practical wisdom in decentralized governance.

The Constitutional Framework Matters

The Constitution grants states explicit authority over the "Times, Places and Manner" of holding elections, with Congress retaining only the power to "make or alter such Regulations." This was not an oversight by the framers; it was intentional design. The Tenth Amendment reinforces this principle: powers not delegated to the federal government remain with the states and the people. Advocates for nationalization often cite the Elections Clause as justification, but constitutional permission is not constitutional wisdom.

Keep ReadingShow less