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As long as we’re redistricting, let’s break up those single-party county boards

Congressional maps can be seen on the computer screen of Rep. Rachel Hunt before the start of a House committee meeting on redistricting at the Legislative Office Building in Raleigh, N.C. on Wednesday, Feb. 16, 2022.
Congressional maps can be seen on the computer screen of Rep. Rachel Hunt before the start of a House committee meeting on redistricting at the Legislative Office Building in Raleigh, N.C. on Wednesday, Feb. 16, 2022. jwall@newsobserver.com

After much court wrangling North Carolina now has court-approved state House and Senate redistricting maps. But it only has an interim congressional map to be used for one election cycle.

The N.C. Supreme Court denies that it has ordered “proportional” Congressional maps. But it has effectively done so by ordering the N.C. Superior Court to use types of analysis without regard to the state’s political geography. These are statistical ways of determining whether redistricting gives too much advantage to the party that drew the maps.

I have some limited sympathy with those pursuing these new ideas. The last election under maps created by Democrats was in 2004. Democrats secured a 63-57 House majority. Of the total votes for state House candidates in 2004, 52% went to Republicans, 44% to Democrats and 4% to Libertarians.

I operated under those unfair maps for six years. Much bad legislation was passed. In 2010, using the Democrat-drawn maps, the N.C. House GOP picked up 16 seats to secure a 68-52 seat majority. The N.C. Senate GOP picked up enough seats that year for its first majority in 112 years.

There will be consequences under these unprecedented rules.

There is no discernible reason that this entirely new constitutional interpretation would not apply to local governments. The Wake County Board of Commissioners includes seven Democrats and no Republicans. Wake County should be redistricted for the 2022 elections. Fundamental constitutional rights are at stake. Republicans would likely win at least two seats.

The same would be true in counties like Orange, Durham and Mecklenburg, whose boards are comprised solely of Democrats. And the same would be true in Republican counties like Cabarrus and Gaston with all Republican commissioners.

Resulting legislative maps will be deeply disappointing to long-time opponents of the gerrymander. Much of the argument against gerrymandering has been driven and illustrated by districts shaped like insects. Voters find it difficult to know their representatives. Representatives find it difficult to provide constituent services.

In Wake County, accountability to the voters is eviscerated. Liberal groups used to demand single-member districts.

This constitutional result will be difficult to achieve without violating other neutral redistricting criteria. Republican-drawn maps thrown out by the N.C. Supreme Court on Feb. 4 broke up fewer counties and precincts. They “looked good.” Final maps for the elections in 2022 will “look worse.”

Irony abounds. The 2019 court order disallowing partisan considerations resulted in historic GOP majorities in 2020. Under the 2021 maps that were thrown out Feb. 4, and under almost all reform proposals, the use of partisan data was limited to what legislators had stored in their memory cells. The N.C Supreme Court’s completely new constitutional analysis requires the General Assembly to use detailed partisan data in crafting maps.

Redistricting reformers usually bolstered their case by claiming districts would be more competitive. But the congressional districts rejected Feb. 23 had four highly competitive districts. The maps selected by the N.C. Superior Court have only one competitive district.

The future will be interesting.

Paul Stam is an attorney who spent 16 years as an N.C. House member, as House Republican Leader, House Majority Leader and Speaker Pro Tem. He authorized or introduced six redistricting reform bills.

This story was originally published February 27, 2022 at 4:30 AM with the headline "As long as we’re redistricting, let’s break up those single-party county boards."

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