As readers will recall, advocates at Common Cause NC filed a challenge to North Carolina’s politically gerrymandered congressional map back in August. Today, another complementary suit was filed by the good people at the Southern Coalition for Social Justice. Here is the news release that accompanied today’s filing:
Southern Coalition for Social Justice Files Data-Driven Partisan Gerrymandering Lawsuit
Challenge adopts standard for measuring partisan advantage in redistricting
DURHAM, N.C. – The Southern Coalition for Social Justice and the Campaign Legal Center filed a complaint today on behalf of the League of Women Voters of North Carolina and numerous individual voters, arguing that North Carolina’s 2016 congressional redistricting plan violates the First and Fourteenth Amendments of the U.S. Constitution.
League of Women Voters of North Carolina v. Rucho was filed in the U.S. District Court for the Middle District of North Carolina. North Carolina’s 2016 redistricting plan was drafted during a special legislative session after a federal three-judge panel ruled that previous maps were unconstitutional racial gerrymanders.
“The Constitution guarantees everyone’s right to participate equally in an electoral system that does not discriminate against them because of their beliefs,” said Anita Earls, executive director of the Southern Coalition for Social Justice. “It’s clear that the intent and effect of creating North Carolina’s 2016 congressional maps were to manipulate the democratic process. The result disparages voters and ensures that one party can maintain political power even when a majority of the state’s voters do not support them.”
In 1986, the U.S. Supreme Court held that partisan gerrymandering claims present a legal controversy that courts could potentially resolve. However, to date, the court has not agreed on an acceptable standard to determine when a partisan gerrymander is unconstitutional. League of Women Voters of North Carolina v. Rucho offers an empirical analysis to demonstrate the extent to which an extreme gerrymander exists. That analysis is called the efficiency gap, which captures the packing and cracking among a plan’s districts in a single number.
Developed by Nicholas Stephanopoulos and Eric McGhee, the efficiency gap is the difference between the parties’ respective wasted votes in an election, divided by the total number of votes cast. Wasted votes are: (1) any vote cast for a losing candidate; and (2) votes cast for a winning candidate in excess of the number needed to win. More information about wasted votes and how efficiency gaps are calculated is below.
According to the complaint, North Carolina’s efficiency gaps in 2012 and 2014 “exhibited pro-Republican partisan biases larger than 25 percent— by far the worst in North Carolina’s modern history and at the far edge of the nationwide distribution.” (p. 16).
“When it comes to congressional districts, North Carolina’s are an extreme and egregious partisan gerrymander. Packing and cracking voters in districts based on their political ideology and voting history classifies voters in an invidious manner unrelated to any legitimate legislative objective,” said Gerry Hebert, Executive Director of the Campaign Legal Center. “Radical partisan gerrymandering like that in this case turns democracy on its head. For the sake of North Carolina voters and voters across our nation, this practice must come to an end. The implementation of our efficiency gap standard would go a long way in ensuring that every voter is entitled to equal protection under the law and having their voice heard.”
Click here to read the full complaint: http://www.southerncoalition.org/wp-content/uploads/2016/09/Complaint-Final.pdf
Supporting documents are here: Read more