Abuse of Power

“This is a bit of my reformer hat on, but if we have to go another decade with maps that are ultimately found to be unconstitutional two or three cycles later on, it's dreadful. It just completely sinks a lot of us who are doing the work's morale and hopefulness. And I think increasingly in North Carolina, because we are the most litigated state in the country, I believe, over gerrymandered maps. A lot of the big U.S. Supreme Court cases have come out of North Carolina over the years. And sure, there are a lot of people here who don't know anything about what we were talking about or they may have a vague understanding about it. I wish more did. … But I think a lot of people, it contributes to this feeling of, ‘This stinks and democracy doesn't work,’ and, ‘What do you mean the lines that get drawn are rigged?’ or, you know, when they see that literally the legislative or congressional seats are preordained. … So this is another moment, and I don't know whether I am hopeful or not, because it's an uphill struggle as litigation always is. But you know what we saw last decade in North Carolina? I don't know if we're the only state in America that can say this, and I don't say it with pride. But every single legislative and congressional election in the aughts was ultimately run under districts and maps that were found to be unconstitutional. Every single one of them. From 2012 to 2020. And you know, you just can't sustain that.” — Bob Phillips, Executive Director of Common Cause North Carolina

"Announcing a new map late in the evening, just hours before a vote, with no opportunity or possibility even for in-depth analysis or discussion, is disrespectful," said Catherine Turcer, executive director of Common Cause Ohio, after the first vote. "In 2018, Ohio voters overwhelmingly approved transparent and bipartisan mapmaking with meaningful opportunities for public input," Turcer added. "Ohio voters deserve better."

Paul Ryan, vice president of policy and litigation at Common Cause, filed the initial 2018 complaint against Cambridge and Trump. He also blamed the GOP. “It’s more of the same, with the FEC’s Republican commissioners dragging their feet, allowing the statute of limitations to expire, and hobbling or blocking investigations entirely,” Ryan said. “The result is no enforcement of the law.”

“I think it’s really easy to think, ‘We’ve had this experience. This means this doesn’t work,’” said Catherine Turcer, who works for the good government group Common Cause. But “it could be that the courts step in”. Or “it could be the reform works well in stopping bad actors who act badly”.

Nextdoor in Ohio, reformers are closely monitoring what happens in Michigan. Catherine Turcer, the executive director of the Ohio chapter of Common Cause, a government watchdog group, has been working for decades to get Ohio to adopt a new process for redistricting. Just as they did in Michigan, Republican lawmakers carved up the state in 2011 to give themselves a majority in the state legislature and a 12-4 advantage in the state’s delegation. Over the last few decades, Ohioans repeatedly voted down redistricting reform proposals, including a 2012 effort to create an independent redistricting commission. But in 2015, Turcer and other reformers in the state achieved a breakthrough. Voters approved a constitutional amendment that gave redistricting power for state legislative districts to a seven-person panel of elected officials from both parties. It required the panel to make its decisions in public and set out several criteria the panel must follow, including one that says districts can’t “unduly favor or disfavor a party or incumbents”. “I look back and I felt like pigs were flying around the statehouse,” Turcer said. But this is the first year that the new rules have been in effect and Turcer watched with horror last month as Republicans ignored the new guardrails and drew severely gerrymandered maps anyway. Overriding Democratic objections, the panel adopted a plan that would give Republicans a veto-proof supermajority in the state legislature. Even though Republicans have consistently received around 54% of the statewide vote over the last decade, Republicans said they should be entitled to as many as 81% of the seats in the state legislature. Their rationale for that was sketchy – they said they were entitled to such a high vote share because they won 81% of the 16 previous statewide elections.

“This is a good decision, not just for the people, but also we think for the Legislature itself; for real, thoughtful decision making,” said Sandy Ma, the executive director of Common Cause Hawaii, one of the two groups that filed the lawsuit. Bills became law without lawmakers and the public having sufficient opportunity to understand and debate their contents when the Legislature used “gut and replace,” Ma said. The ruling will restore trust in the legislative process because sometimes people think lawmakers have engaged in horse trading when a bill has been gutted and replaced without public discussion, Ma said.