Posted April 14, 2010 by J. Gerald Hebert

Gerrymanderers Attempt to Gut Redistricting Reform Initiative in Florida

Florida voters will get to vote this November on a redistricting reform initiative that will establish specific criteria for how congressional and state legislative districts must be drawn.  The Fair Districts Florida Initiative is a terrific step toward restraining the gerrymanders in the Florida legislature who use the redistricting process to marginalize their opponents and create districts that protect incumbent officeholders. 

But even before the voters have their chance to be heard, the state’s gerrymanderers are seeking to confuse the issue and gut the initiative that would bring about fair districts in which voters can choose their politicians instead of the status quo of where politicians choose voters.  

It is not surprising that legislative leaders oppose this initiative, as it will no longer permit them to choose voters for their districts in whatever way they see fit.  For years, legislators in Florida, Republican and Democratic, have chosen their preferred voters and crafted districts to suit their political needs.  Now, finally, a proposal is on the ballot which will inhibit them from engaging in blatant, crass partisan gerrymandering and they don't like it.

Republicans control both branches of the Legislature.  Recently, leaders in the Florida Senate, proposed a new constitutional amendment that they want to place on the November ballot.  The amendment is available here.

The crux of the amendment is to provide recognition of communities of interest, which of course is left undefined and subject to almost limitless interpretation.  Also, the proposed amendment also provides:

“The state shall take into consideration the ability of racial and language minorities to participate in the political process and elect candidates of their choice, and communities of interest may be respected and promoted, both without subordination to any other provision of Article III of the State Constitution. Districts and plans are valid if the balancing and implementation of standards is rationally related to the standards contained in the State Constitution and is consistent with federal law.”

If you think this is legal gobbledygook and renders it virtually impossible to enforce strict redistricting criteria on the gerrymanderers or for anyone to challenge the gerrymandered districts in court, you’d be right!  The intent of such efforts is to try to gut the reforms contained in the Fair Districts Florida initiative already on the ballot. 

Giving the legislators the power to avoid redistricting requirements that have real teeth and substituting loosely-worded standards that can be easily manipulated by legislators in some kind of “balancing” act would undermine the Fair Districts Florida initiative.  And that’s just what the gerrymanderers would like to do.

Gerrymandering is tough to curb.  Curbing the gerrymanderers is even harder.