Suit challenges gerrymandering in PA

Posted by Rich Schwartzman on June 15, 2017

While there's been movement on the township level to get local governments on board with an effort to end gerrymandering in Pennsylvania, the League of Women Voters of Pennsylvania has now filed a suit claiming the 2011 redistricting maps were drawn unconstitutionally.

The 42-page complaint was filed this morning in Commonwealth Court. According to a press release, individual voters have joined the League in its suit, which says the current district maps reflect "partisan gerrymandering."

The suit calls partisan gerrymandering "one of the greatest threats to American democracy today" and contends the practice to be illegal and previously "condemned" by both the U.S. and Pennsylvania Supreme Courts. It defines the practice as "when the political party in control of redistricting redraws congressional or state legislative districts to entrench that party in power and prevent voters affiliated with the minority party from electing candidates of their choice. The result is that general election outcomes are rigged — they are predetermined by partisan actors sitting behind a computer, not by the candidates, and not by the voters."

According to the League, the state's elected officials in 2011 "manipulated the congressional district boundaries to entrench a majority Republican delegation in Congress and minimize the ability of Democratic voters to elect U.S. House representatives."

A map of Pennsylvania's 7th Congressional District is described as looking like "Goofy kicking Donald."

The year 2011 was the last year congressional lines were redrawn and followed the 2010 census. Those new boundaries were designed to favor the Republican Party, according to the suit.

"In 2012, Republican candidates won only 49 percent of the statewide congressional vote, but remarkably won 13 of 18 — or 72 percent — of Pennsylvania's congressional seats. In 2014 and 2016, Republican candidates retained the same 72 percent share of Pennsylvania's seats, even while winning only 55 percent and 54 percent share of the statewide vote."

The suit further says the new lines packed Democratic voters into five districts that were already heavily Democratic, and "cracking the remaining Democratic voters by spreading them across the other 13 districts."

"This lawsuit is intended to protect the rights of all voters, regardless of party affiliation," said Susan Carty, president of the League of Women Voters of Pennsylvania. "The creation of 'safe' seats for either party undermines the ability of all voters to elect representatives of their choosing. We are suing to make sure that elections will be decided by the voters, not by partisan politicians."

Article II, Section 16 of the Pennsylvania Constitution says districts in the state "shall be composed of compact and contiguous territory as nearly equal in population as practicable….Unless absolutely necessary no county, city, incorporated town, borough, township or ward shall be divided in forming either a senatorial or representative district."

Pennsbury Township is divided into two Congressional Districts, the 7th and 16th. And under the current map drawn in 2011, counties like Montgomery are chopped up across as many as five districts, cities like Chester are split in two, and "district shapes are a mockery, with the Washington Post nicknaming Pennsylvania's 7th District "'Goofy kicking Donald Duck.'"

"Pennsylvania's leaders were deliberate and successful in discriminating against voters when they designed this map," said Mary Elizabeth Lawn from Chester. "After decades of living in one district, in 2011 my community was split up into multiple districts and now members of my community are basically casting wasted votes."

Previously, too, all of Pennsbury was in the 16th District.

The group Fair Districts PA has been making presentations to local municipalities to get them on board with the push to change the makeup of the committee that draws the congressional lines. Currently, that committee is a five-member panel comprising representatives of the state House and Senate majority and minority leaders and a fifth member who is agreeable to those four. If they can't agree, the fifth member is appointed by the state Supreme Court.

The proposed change expressed in HB 722 and SB 22, calls for an 11-member committee with four members of the largest political party, four from the second largest political party and three others who are either third party — such as Libertarian or Green Party — or independent.

In the immediate area, Kennett Square, along with Kennett, Pocopson and East Marlborough townships resolved to support those legislative efforts. East Pikeland, Malvern, and Downingtown have also signed on, as have East Whiteland, London Britain, Phoenixville, West Goshen and West Nottingham. West Chester reported it out of committee and the final vote will be next Wednesday, June 21, according to Fair Districts PA.

The issue never came to a vote in Newlin Township because a motion on the matter wasn't seconded. (See https://chaddsfordlive.com/2017/06/15/newlin-drops-vote-on-gerrymandering/) Pennsbury Township supervisors resolved only to favor efforts to bring redistricting into conformity with the state Constitution.

There have been no formal presentations to the Chadds Ford Township Board of Supervisors or to Concord Township's Township Council.

The lawsuit was filed against the state and state leaders in their official capacities. "While most of the officials were not involved in drafting the 2011 plan, they would be responsible for implementing a new map should the court strike down the current map," the League said in its press release. In addition to the Commonwealth of Pennsylvania and the state's General Assembly, respondents include Gov. Tom Wolf, Speaker of the House of Representatives Mike Turzai, President Pro Tempore Senator Joseph B. Scarnati III, Lt. Gov. Mike Stack, Secretary of the Commonwealth Pedro Cortés, and Commissioner of the Bureau of Commissions and Elections Jonathan Marks.

About Rich Schwartzman

Rich Schwartzman has been reporting on events in the greater Chadds Ford area since September 2001 when he became the founding editor of The Chadds Ford Post. In April 2009 he became managing editor of ChaddsFordLive. He is also an award-winning photographer.