There is still time for New York to create a truly independent redistricting process before the post 2020 congressional and state legislative redistricting starts. New Yorkers shouldn’t have to settle for the not-so-independent redistricting commission state lawmakers and the governor offered last year.
In 2014, state voters approved the creation of a new state legislative advisory commission to suggest congressional and state legislative maps to the legislature. The legislature can reject the plans and, in fact, create entirely new plans not subject to the same criteria that limits the commission from gerrymandering.
Voters would have to approve a 2017 ballot question asking whether there should be a state constitutional convention to revise the state's constitution. Although time is tight, there is still one last opportunity to advance independent redistricting before the next linedrawing cycle starts.
New Yorkers should consider the redistricting fight the government of Arizona waged against its own citizens.
In 2000, Arizona voters passed a citizen-driven proposition to amend the state’s constitution and take the power of redistricting away from the legislature, giving it to an independent commission. But the legislature sued, arguing that the commission violated the U.S. Constitution, which gives state legislatures the power to prescribe the times, places and manner of holding elections for senators and representatives.
The Supreme Court rejected that argument last week, ruling that Arizona’s citizens could set up the independent commission under their right to put propositions on the ballot. Essentially, the court said, the Arizona Legislature does share lawmaking authority with its citizenry.
That isn’t the case in New York, which does not have an initiative and referendum process. But the case is still relevant and instructive.
It shows just how important the power of redistricting is to politicians. If they can draw the legislative maps and choose who votes for them, they can maximize the chances that they and their political party will have the advantage in elections.
And that’s bad for democracy. It perpetuates entrenched politicians, stifles the competition essential to a vibrant political system, and give elected officials the sense that they’re not accountable to the public.
There are better ways to create an independent commission, such as having a group entirely separate from the Legislature, like a judicial review commission choosing candidates for such a panel. And there is no reason the Legislature should have veto power over the commission’s work, disputes can be left to courts to settle.
There is still time to get this right. The next redistricting doesn’t occur until after the 2020 Census. New Yorkers should pressure the Legislature to come up with a truly independent redistricting process. And if it won’t. New Yorkers could seize the chance to do it themselves when the question of a constitutional convention next appears on the ballot in 2017.
That we have government of the people is a lesson Arizona politicians had to be reminded of the hard way. New Yorkers should remind their elected leaders of it, too, one way or another.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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