Campaigns & Elections
By Reid Wilson
April 1st, 2008
In the heat
of the Democratic presidential contest, Illinois Sen. Barack Obama and New York
Sen. Hillary Clinton held their final debate at Cleveland State University. But that same night, Democrats
in New York
took a step closer to a goal that has eluded them for two generations: retaking
the Empire State Senate.
When
Assemblyman Darrel Aubertine, a Democrat, beat Republican William Barclay to
fill the remainder of an unexpired term in the state's Senate, Democrats reached 30 seats in the chamber,
just one shy of the Republican majority (the Democrats subsequently lost a vote
in the chamber when newly appointed Gov. David Paterson vacated the post of
lieutenant governor.) Since New
York state senators have two-year terms, every one of
the 62 Senate seats are up in 2008, and again in 2010. And while the outcome of
the presidential contest will likely affect at most four sets of congressional
elections in New York, a new Democratic
majority in the New
York state Senate-and in a few other state
legislatures-could determine the partisan makeup of Congress for a generation or
more.
There are
more than 7,200 state legislative seats around the country. As with Congress,
many legislatures are held by narrow majorities of one party or the other, and,
like the U.S. House, are susceptible to national waves. In 2006, when Democrats
won back 30 seats in Congress, the party also added a whopping 300 seats in
state legislatures across the nation. Those legislators, and those chambers, set
policy that frequently has more impact on someone's daily life than Congress
does.
But
strategists in Washington know that control of the chambers
is crucial for another reason: In 36 states, legislatures play a major role in
redistricting, and will draw new boundaries at both congressional and state
legislative levels after the 2012 reapportionment of House seats. "State
legislatures are the battleground for the upcoming congressional races for the
next decade," says Michael Sargeant, executive director of the Democratic
Legislative Campaign Committee. "They've been [battlegrounds] for this decade, and they
will continue to be."
A shift of
only a few seats in a few states could hand the power to draw the map to a
member of a different party-potentially shifting dozens of seats and either
solidifying the Democratic majority or giving Republicans a chance to reclaim
the Speaker's podium that much
faster. Sargeant points to the 2002 redistricting, which left Democrats at a
distinct disadvantage in Michigan, a generally Democratic state, and to the
mid-decade redistricting in Texas, after which half a dozen Democrats lost their
seats, as examples of what redistricting can do to a
party.
Texas is rare,
though. "There aren't a lot of
Texases left,"
says DLCC spokeswoman Alex Dery Snider. "It's going to be death by a thousand cuts." She points
to a number of states where only one or two congressional seats might be
vulnerable.
In all, the
DLCC counts 17 congressional seats that changed hands after the 2002
redistricting. While Republicans are perceived to have "won" redistricting
cycles in 1992 and 2002, netting more seats than Democrats, the effects have
been limited, says George Mason
University professor
Michael McDonald. "What happens in one state can cancel out what happens in
another state," says McDonald, an expert in voter turnout who consulted for
Arizona's bipartisan redistricting commission in the last
cycle. "The opportunities for one party to beat the other is kind of muted by
federalism."
Last time
around, Republicans looked to benefit. This time out, thanks to the national
political landscape, the pendulum seems to be swinging in the
Democrats' direction. "2008 is
another interesting political year for us," says Carrie Cantrell, spokeswoman for the Republican State
Leadership Committee. Still, her party sees opportunities if GOP candidates for
local offices focus on more local issues. "The candidates who ran a local race
[in 2006] and didn't get bogged down
in national issues were able to defeat the odds," she
notes.
Carving
a Majority
States
redraw their congressional and legislative maps, generally speaking, in one of
two ways: Either the legislature draws a map, opening the door for partisan
gerrymandering, or a bipartisan commission takes up the matter. Some commission
states have maps featuring competitive districts; in Arizona, for example,
four of the eight districts are said to be competitive. In 2006, Democrats won
two of those seats, while this year the party is favored to pick up another,
that of retiring GOP Rep. Rick Renzi.
Other
commission states, though, draw maps that are less competitive. In Washington state, for
example, no incumbent member of Congress has lost since 1998, and no seat has
changed hands since 2000. "Usually, you get a bipartisan map produced," says
McDonald, who argues for a balance between competitive districts and those that
are safe for one party or another. "Do you really want to have a legislature
that's set in stone for a decade, or
do you want a legislature that is at least moderately responsive to the public
mood?"
In states
where legislators draw the lines, parties battling for control of a seat here or
there are playing for longer-term advantage. Unlike in Texas, which proved a
huge windfall for Republicans, most of these redistricted states will see a
maximum of perhaps a three-seat shift. The goal, say strategists from both
parties, is to find states where redistricting could change a seat or two at a
time, on the way to larger congressional majorities. "We focus on winning as
many Republican seats as possible," says Cantrell. "And the byproduct of that is
having Republican majorities there for when redistricting gets
done."
In this
high-stakes national chess game with 7,200 pawns, there are multiple ways to
win.
The first
way is to draw a new seat that is tailor-made for one's party. Reapportionment begins when some states
grow at a faster pace than others. In the past decade, population has shifted
from the Northeast and the Rust Belt to the Sun Belt. The 2010 census is
expected to show big population gains in states like Florida, Texas,
Georgia and Nevada, all states where
legislatures redraw district lines. Consequently, those states will earn extra
members of Congress-in all likelihood, three for Texas, two for Florida
and one each for Georgia and
Nevada.
California and Utah are also expected to win new delegates to
Congress.
All those
state legislatures will have a say over how the new districts are drawn.
California,
which has a long history of drawing as many non-competitive districts as
possible, will likely create a seat ripe for the Democratic taking-the party
enjoys a wide 10-seat advantage in the 40-member Senate and a 15-seat head start
in the 80-seat Assembly, along with one vacancy. Utah, on the other hand, will probably carve
out a safely Republican seat, as both the Senate and House are firmly in GOP
hands, giving them the chance to draw the map.
But in
Nevada,
Democrats hold a 12-seat majority in the 42-member House and are just one seat
away from re-taking the state Senate, where Republicans hold an 11-10 majority.
If Democrats can take back one or more seats, their experts will redraw
congressional and legislative lines. The battle for the state House and Senate,
Cantrell and Sargeant say, is a high priority for both the DLCC and the
RSLC.
When the
state picks up a seat, instead of taking voters from the heavily Republican 2nd
District in the north, Democrats can manipulate the map in such a way as to take
their voters out of Rep. Shelley Berkley's safely Democratic Las Vegas-based seat to form the
backbone of a new district. Berkley will still
win reelection, though perhaps by a slightly smaller margin than in 2006, while
another Democrat could represent the Silver State
in Washington.
New
York's Senate is
so important to both parties because of the second way to win: Since New
York's growth has failed to keep pace
with the rest of the country's, over
the last seven decades the state has seen a marked drop-off in congressional
representation. In 1930, New
York elected 45 members of Congress. After the 2002
reapportionment, it elected just 29. In 2010, the state will likely be informed
that it is losing another two seats, bringing its vote total down to 27.
Representatives from the Assembly speaker's office, the Senate president's office and the governor's office will draw new congressional and legislative
maps together. In 2002, Gov. George Pataki and Senate President Joseph Bruno,
both Republicans, had to reach a compromise with Assembly Speaker Sheldon
Silver. Today, the political situation is tougher for Republicans, and the state
Senate, along with the 2010 governor's race, will determine whether Democrats have all
the influence over map-making or if Republicans can squeeze a foot in the door.
States
in the Balance
If Democrats
retake the New
York state Senate and hold onto the
governor's mansion, they alone will
control redistricting. With the state losing two seats, they can redraw any-or
all-of the six Republican members of Congress into districts less suited for
them, in any one of several ways. Democrats might place two incumbent
Republicans in the same district; that happened to Michigan Democratic Reps.
John Dingell and Lynn Rivers in 2002 when their state lost a seat.
New York
Democrats could also draw some of the state's Republican congressmen into districts more
favorable to a Democratic incumbent. GOP Reps. Peter King, of Long Island, and
Vito Fossella, of Staten Island, are completely
surrounded by Democrats, while upstate Reps. John McHugh, Jim Walsh, Tom
Reynolds and John "Randy" Kuhl represent moderate districts, at best. Perhaps
reading the writing on the wall, Walsh has announced his retirement at the end
of this year, and by cycle's end more
may join him, willingly or not.
Illinois, Louisiana and Minnesota, where state legislatures are all
easily controlled by Democrats, will each lose a seat, and legislators are
likely to draw a Republican out of his or her home district. Democrats will
likely fare poorly in Missouri, which will lose
one seat, and Ohio, which loses two; in both places, the
party has little hope of overcoming wide Republican majorities.
Massachusetts, where
Democrats have a wide legislative majority, will also lose a single member,
though its 10 congressmen are all Democrats.
In the race
to sabotage an incumbent, the battlegrounds will be in Pennsylvania, Indiana and
Michigan. In
all three cases, Democrats control the state House by a narrow margin but trail
Republicans in the state Senate.
Indiana could be
especially volatile, thanks to the third way to claim victory after 2012.
Democrats knocked off three Republican congressmen in 2006 and won a narrow
two-seat majority in the state House, putting a giant target on their own backs.
Should the GOP win control of the chamber and keep the governor's mansion in this year's election, they will be able to redraw boundaries
around those three new incumbents, all of whom represent districts that
otherwise vote Republican. With control of the state House, Republicans could
just change the map.
Democrats
have their opportunities as well. In Colorado, where the party has made impressive
gains, Democrats now control the legislature and the governor's mansion. GOP Rep. Marilyn Musgrave has faced
several heated challenges in recent years, though she has thus far managed to
survive. If Democrats draw a few more of their voters into her district, they
might finally defeat her. Republican incumbents in Illinois and Minnesota could also face redrawn districts
that present them a larger challenge.
One
challenge several state legislators also must consider, McDonald points out, is
compliance with Section 5 of the Voting Rights Act. That statute requires
certain states to submit their plans to the Justice Department in order to
protect the rights of minorities. The resulting districts, which may be
majority-Hispanic or majority-African-American, can help Democrats by
guaranteeing them a seat, though they can hurt the party by concentrating a
large portion of the base in one district instead of spreading it among several.
Sixteen
states currently face Section 5 requirements. Interestingly, since
implementation of the act in 1965, Republicans have held the White House in
every redistricting cycle, and therefore have controlled the Justice Department.
Should Obama or Clinton take the White House, the Democratic Justice Department
would be able to manipulate maps, if only slightly-something McDonald suggests
could net the party a few extra seats.
Thanks to
confusing rules which vary by state, the redistricting outlook is far from
clear. But both parties have experts in Washington paying close attention to outcomes
of hundreds of local elections across the country.
State
legislative elections in each of the next three years could prove hugely
beneficial for one party or the other, not only in terms of local policy but
also because of the larger implications. Depending upon which side is able to
capitalize on myriad opportunities throughout the nation, the very shape of
Congress could be altered for the next decade, or longer.
Reid
Wilson is associate editor at RealClearPolitics.com, and hosts
Politics
Nation
on XM Satellite Radio Saturday mornings. |