An effort to take politics out of redistricting in Delaware

The General Assembly is only a few steps away from handing over the job of drawing legislative districts to an independent commission.

Supporters, mostly Democrats, say the change would prevent politicians from holding onto power by manipulating the redistricting process.

"Voters should choose their elected officials; elected officials shouldn't choose their voters," said Sen. Bryan Townsend, D-Newark, who sponsored legislation to create the commission.

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Townsend's bill passed the Senate on a 12-7 vote Wednesday. It still needs to pass a House committee, then the full House, before going to Gov. John Carney's desk.

Some opponents of the proposal, mainly Republicans, say the General Assembly would be abdicating an important responsibility if the bill passes.

"Are there other responsibilities we should shovel off to an independent commission?" said Sen. Greg Lavelle, R-Greenville, who pointed out that many other politically sensitive tasks, like balancing the state budget, fall to legislators. "This is one of the things our constituents put us here to do."

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After the Census that happens every 10 years, the General Assembly redraws district lines to account for population changes. The next redistricting will take place in 2021.

Critics of the current system say it is inherently a problem to have lawmakers drawing the maps that determine their own districts. They say the party in power can draw advantageous lines that make it harder for the minority party to win seats.

Another worry is that incumbents who know about someone who could run against them could get their challenger's home placed outside the district.

Redistricting reform is a national issue. Six states — Alaska, Arizona, California, Idaho, Montana, and Washington — all have independent commissions, according to a primer from Loyala Law School in Los Angeles.

READ THE BILL: Text of the bill, with a synopsis at the bottom

Many experts point to partisan gerrymandering as one reason for dysfunction and hyperpartisanship in Congress. The theory is that if a Republican Legislature creates a "safe" Republican district, the person who represents that district will act only in the interests of GOP voters.

The stakes for redistricting are significantly lower in Delaware because the First State has only one member of the U.S. House of Representatives, who represents the whole state. But Townsend said it is still important to eliminate the possibility that redistricting for the General Assembly could be misused.

"This would put us at the forefront nationally," Townsend said. "We could be a beacon to other states."

Townsend's bill would select a nine-member panel of Delawareans to create the maps. The committee would be selected through a complex process that Townsend said is designed to maximize political independence.

Here's how it would work: Delawareans could apply to be on the commission. The top judge on the Chancery Court and a superior court judge from the opposite party would select a pool of 24 people, eight of them retired judges or current or retired attorneys. Eight of these candidates would be Democrats, eight would be Republicans, and eight would be members of neither party.

The top Republican and Democrat in each chamber of the General Assembly would be allowed to remove one person each from the pool, potentially reducing the possible commissioners to 20 people. The secretary of state would then draw names until the commission has nine members.

Three of the members would need to be retired judges or current or former attorneys. There would be an equal number of Democrats, Republicans and people from neither party.

"We've had different bills to do this before, but this is best bill that we've had before us," said Sen. Dave Sokola, D-Newark. "I really like the selection process. It seems very fair to me."

Sokola said redistricting is a "cumbersome" process that takes valuable time away from legislating.

Certain kinds of politically connected people would be ineligible to sit on the committee, including elected officials, federal or state lobbyists, political party officials and campaign committee officers. Commissioners would be barred from running for the General Assembly in the election after they serve and could not serve as a lobbyist for five years.

The General Assembly would not get to vote on the commission's map. The lines could, however, be challenged in the Delaware Supreme Court.

Sen. Colin Bonini, R-Dover South, think the citizens' elected officials should draw the maps.

"A majority of people in my district elected me to make decisions," Bonini said. "I just don't like the idea that we're not competent enough to make this decision in a state where I think everyone would agree this has not been a problem."

Bonini acknowledged that redistricting can be used as a political weapon — he said he's been affected by it himself. But he said people who have concerns about redistricting can fight for change in the General Assembly, and he fears an unelected body would not be as responsive.

"This is going to end up dramatically more political than our efforts every 10 years," Bonini said. "If you don't think it will, you're stunningly naive."

Townsend points out that the commission would be required to provide ample opportunities for public comment, and says it's "simply false" that it would not be responsive.

"They just won't be part of the political horse-trading that goes on," he said.

Not all Republicans oppose the bill. Sens. Anthony Delcollo, R-Elsmere, and Brian Pettyjohn, R-Milford, co-sponsored the bill and voted for it.

"There is a massive exertion of power when we redistrict," Delcollo said. "We shouldn't be drawing district lines just to make them 'safe.'"

Contact Matthew Albright at malbright@delawareonline.com, (302) 324-2428 or on Twitter @TNJ_malbright.