Note: Redistricting takes place every 10 years after completion of the United States Census. The information here pertains to the 2010 redistricting process. For information on more recent redistricting developments, see this article. |
Redistricting in Arizona | |
General information | |
Partisan control: Republican | |
Process: Independent Redistricting Commission | |
Deadline: None | |
Total seats | |
Congress: 9 | |
State Senate: 30 | |
State House: 60 (30 districts) |
This article details the timeline of redistricting events in Arizona following the 2010 census. It also provides contextual information about the redistricting process and census information.
During the 2010 redistricting cycle, the independent redistricting commission, created by Proposition 106 in 2000, governed redistricting in Arizona. According to their site, the mission of the commission was , "to administer the fair and balanced redistricting of the Congressional and Legislative districts for the State of Arizona."[1]
The commission had 5 members. Members were selected by the following:
The fifth and final member is an independent, chosen by the first four appointees. The fifth member also served as the chair.
Arizona has 30 legislative districts, from which there is 1 senator and 2 representatives elected.
The Arizona Constitution provides authority to an independent redistricting commission in Section 1, Part 2 of Article IV.
The five members of the commission serving from 2011-2020 were :
Commissioners were chosen from a final list of applicants. However, Republican lawmakers filed a lawsuit over the list of nominees.[2]
The first commissioner was appointed by House speaker Kirk Adams (R) on January 31, 2011. Adams named Scott Freeman, an attorney from Phoenix, to the commission.[3]
The second commissioner was appointed by Chad Campbell (D) on February 2, 2011. Campbell, House Minority Leader, named Phoenix resident Jose Herrera to the commission.[4] Because Herrera was the second commissioner from Maricopa County, the remaining two appointed commissioners had to be from other counties in Arizona.[5] Herrera was born in San Luis and graduated from Northern Arizona University in 2001.[6]
Senate President Russell Pearce (R) chose Richard Stertz of Tucson as the third commission member.[7] Stertz, who ran a faith-based organization, was one of the two replacements added to the list of nominees after Pearce and Adams requested a revised batch of names. "The fact that I was able to select Mr. Stertz is also a direct result of our court challenge. This was a critical issue in law to allow real choice for the IRC. The law is clear and having real choices is critical for Arizona and the process," Pearce said.[8]
Rounding out the nominees was Linda McNulty, who was appointed to the commission on February 15 by Senate Minority Leader David Schapira (D). McNulty was an attorney from Tucscon.[9]
Thus, the first four members selected to the commission were:
The four appointees selected a fifth member to round out the commission from a pool of five independents. Those nominees were:[10]
Mathis was selected as the fifth and final member.[11]
Of the 25 finalists for the commission, there were 16 from Maricopa County, six from Pima County, and one from Coconino, Navajo and Yuma counties. The partisan makeup was 10 Democrats, 10 Republicans and 5 independents. Once the two major parties appointed their four commissioners, those four were then to choose the final member from the list of five independents.
The final list of 25 names came under criticism after one Commission member resigned over allegations that he was allowing religion to interfere with an application.[12] Additionally, Republican leaders demanded a new list of nominees, after allegations that Christopher Gleason was left off the final list because he was a member of a Christian group dedicated to spiritual renewal.[13] The commissioner who made the comment, Louis Araneta, resigned, although he said the situation was a misinterpretation of the conversation.[12]
ABC News video covering the lawsuit filed by Republican legislative leaders. |
The two Republican legislative leaders -- House Speaker Kirk Adams and Senate President Russell Pearce -- submitted a letter to Mark Schnepf (R), Steve Sossaman (R) and Paul Bender (I), asking them to withdraw their application to the committee, saying they were not constitutionally-qualified.[14] Both Schnepf and Sossaman submitted resignation letters, but the nominating commission rejected those letters.[15]
The Commission on Appellate Court Appointments met on December 29, 2010, to re-examine its list of 25 finalists.[16] The screening panel did not alter the list of final applicants, which prompted a lawsuit from Republican lawmakers.[17] Adams and Pearce had been requesting a new list of nominees, with more citizens representing areas outside of Maricopa County.[17] The Arizona Supreme Court heard arguments for the case on January 18, 2011. Adams and Pearce were legally required to choose their commission members by the end of January 2011.[18]
Members of the Commission on Appellate Court Appointments expressed their concern that the two top Republicans were interfering in the process. The following statements from three members of that commission voiced their disapproval with the lawsuit.
On January 18, the court ruled that two Republican candidates would need to be replaced. Additionally, the court held that Bender would remain on the final list of 25 candidates.[20] The two names added to replace Schnepf and Sossaman are Crystal Russell and Richard Stertz.[21]
Redistricting consultants Stan Barnes and Barry Dill discuss the attempted removal of politics from redistricting. |
The Independent Redistricting Commission met on June 24, 2011, to interview four firms that applied to serve as mapping consultants. The four applicants were TerraSystems Southwest Inc., Research Advisory Services, Strategic Telemetry, and National Demographics Corp. During the last redistricting process, National Demographics Corporation was the hired consultant.[22]
On June 29, 2011, the commission by a vote of 3-2 hired Strategic Telemetry to work as the mapping consultant. Colleen Mathis, commission chair, sided with the two Democratic commissioners. The Republican commissioners questioned the political leanings of Strategic Telemetry, based on its work with two past Democratic presidential candidates -- John Kerry and Barack Obama -- as well as work with the recall campaigns against Republicans in Wisconsin. Mathis defended her decision, saying the hiring was not about politics and more about the advanced presentation that would include social media and mobile phones to gather public input.[23] A three-hour closed executive session was held prior to the vote.[24]
In August 2011, the commission decided to track all communication between Strategic Telemetry and any person outside of the commission. Commissioner Scott Freeman said the move was meant to allay public concerns with respect to the consultant's previous ties to Democratic campaign efforts. Later, Democratic commissioners expressed a desire to exempt bloggers and members of the media from the new rules.[25]
Governor Jan Brewer (R) on October 26, 2011 threatened to begin impeachment proceedings against the Arizona Independent Redistricting Commission members. She sent allegations to the five commissioners and gave a deadline of October 31 for them to respond.[26] If she was not pleased, she would then initiate impeachment proceedings -- meaning with a 2/3 vote from the Senate, members could be removed from the commission. Should that have occurred, the process would have started from scratch with selection of replacements and new maps to be drawn.[27]
Brewer’s point of contention was the Congressional map. Namely, three of the chief complaints were that the commission over-prioritized competitiveness, disregarded natural borders and violated open-meeting laws.[28]
Arizona Democratic Party spokesman Andy Barr said, "Her allegations are totally bogus. She has completely distorted what the legal requirements of the commission are."[26]
James Huntwork, a Republican who sat on the Commission from 2001-2010, said the 2011 commission erred in its order of priorities when creating maps. He said the new commission should have first drawn maps that satisfied minority voting, equal population, and local government boundaries. Only at that point should the commission have considered competitiveness and parties. Huntwork’s comments were contrary to what a former Democratic commissioner said several months prior, when she criticized the commission for waiting too long to consider competitiveness.[29]
On November 1, 2011, Governor of Arizona Jan Brewer (R) officially impeached Independent Redistricting Chair Colleen Mathis. With the Arizona State Senate’s 21-6 vote in favor of Brewer’s decision, the governor removed Mathis from her role as the lone independent on the five-member commission. "I will not sit idly by while Arizona’s Congressional and legislative boundaries are drawn in a fashion that is anything but constitutional and proper," Brewer said.[30]
Brewer alleged that the new Congressional map did not meet Constitutional requirements. The existing map favored the GOP 5-3. The new map would have given the GOP four safe districts, two for Democrats, with three competitive seats. Brewer said the law required a grid-like map -- which she said was put off at the expense of making more competitive districts.[31]
Democratic officials publicly disagreed with the decision. "Every honest person in the state agrees that this is not about substantial neglect of duty or gross misconduct in office. It is about protecting the careers of Republican congressmen at the expense of good government and fair elections," said Andrei Cherny, chair of the Arizona Democratic Party.[32] According to her lawyer, Mathis was to legally challenge the decision. The case was expected to go before district court and the State Supreme Court.[33]
Arizona Democratic Party officials threatened to recall four Republican state senators who voted to remove Mathis. The four senators were Rich Crandall, Adam Driggs, Michele Reagan and John McComish.[34]
Experts assumed that the 2012 elections would be held on a court-drawn interim map.[35]
A November 17, 2011, court hearing was set for State Supreme Court hearings over whether Mathis was wrongly removed from the commission. On November 8, 2011, the court denied a request to temporarily reinstate Mathis to her post.[36]
A state nominating panel began accepting applications for a replacement for Mathis during the week of November 7, 2011. A deadline of November 15 was established for applicants. The panel had until December 1 to nominate three finalists.[37] A total of 19 applicants applied for the post. However, the Arizona Supreme Court reinstated Mathis on November 17, 2011.[38] Because Mathis was reinstated, the screening process was halted.
On November 17, 2011, the Arizona Supreme Court overruled Gov. Brewer and reinstated Mathis to the commission. The court held that Brewer failed to show that Mathis had engaged in any conduct to provide grounds for removal.[39]
Brewer's spokesman left open the possibility that another removal attempt could be sought.[40]
Explanation of the redistricting process in Arizona. |
Based on the new Congressional apportionment, Arizona was awarded an additional seat based on population growth, giving the state 9 seats in the U.S. House of Representatives.[41] The new district was likely to be in either Maricopa or Pinal counties, where the growth was concentrated over the past decade.[42]
In October 2010, there were 1 million registered Democrats and 1.1 million Republicans in Arizona.[43]
Arizona received its local census results on March 9, 2011.[44] Although the state grew by almost 25 percent -- second in the nation to Nevada's 35 percent -- some population areas did not meet growth expectations. One theory was that the recession and hundreds of thousands of undocumented immigrants fleeing the state may have offset even greater population gains. The state fell 270,000 residents short of predictions.[45]
Overall, the population figures showed large growth in Arizona's Hispanic population. The white population fell from 65.1 percent to 59.4 percent, while the Hispanic population grew from 25 percent to 30 percent.[46] Across the state, the suburbs grew faster than major cities. Based on initial estimates, that would result in higher representation in the state legislature for Maricopa and Pinal counties. Conversely, Pima County displayed slower growth, which threatened a loss of some state legislative seats.[47]
In Arizona, the Navajo and Hopi Indians have more than 2 million acres of land in northeastern Arizona.[48] During the 2000 redistricting, the two tribes were feuding and requested being placed in separate Congressional districts, despite their close physical proximity. The Navajos were put in the 1st Congressional district and the Hopis were placed in the 2nd Congressional district. For the 2011 redistricting process, there was momentum to recombine the two tribes into one district, according to Navajo president Ben Shelly.[48]
Native American tribal groups testified to the Arizona Independent Redistricting Commission in mid-September 2011 about the drawing of Congressional districts. Historically, the relationship between Hopi and Navajo tribes had been contentious -- but in 2011, the tribes signaled a willingness to be drawn into the same district in order to have more collective unity on common issues. Additionally, the tribes expressed a desire that the district be drawn so that it would provide a greater likelihood for a Native American to be elected to Congress.[49][50]
On October 3, 2011, the Commission passed a draft Congressional map by a vote of 3-1, with one Republican abstaining and one voting against.
The newly-created 9th Congressional district was considered to lean Democrat, based on early analysis of the draft map by The Washington Post.[51]
After it was passed, the draft Congressional map drew criticism from Republican leaders.[52]
Meanwhile, Andrei Cherny, Arizona Democratic Party chairman, accused Republicans of a coordinated attack on the redistricting commission. Cherny said there were four safe Republican districts, two safe Democratic districts, and two competitive districts. He said the new map would still have four safe Republican seats, two safe Democratic seats, and now have three competitive districts.[55]
The plan appeared to place two Republican Congressmen -- David Schweikert and Ben Quayle -- in one district where they would face each other in a primary.[56]
According to the Phoenix Business Journal, the breakdown of the nine districts was :[54]
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Members of the public had 30 days to comment on the draft Congressional map.
On October 13, the commission returned to Flagstaff to gather input from citizens on the draft Congressional map.[57]
On April 9, 2012, the Department of Justice gave pre-clearance to the new congressional map.[58]
In August 2011, the Prescott City Council voted unanimously to send a letter to the Independent Redistricting Commission to relay the council's disapproval with the early legislative maps. Draft options would divide Yavapai County into four districts. According to the letter, this would weaken the county's core values.[59]
One week after the Arizona Independent Redistricting Commission approved a draft Congressional map, the five members voted 4-1 in favor of a draft state legislative map.[60]
Democratic leaders filed complaints about the 30 state districts.[60] Based on initial analysis by The Republican, Republicans would have a voter registration edge in 18 of the 30 districts. Additionally, only 3 to 8 districts would be considered competitive.[60]
Luis Heredia, Executive Director of the Arizona Democratic Party, said the commission should have created more districts that are competitive.[61]
The new districts created several instances where incumbents were paired in the same district. Notably, State Senate President Russell Pearce (R) would be in the same district as State Senator Rich Crandall (R). Pearce -- who was removed in a recall election on November 8 against fellow Republican Jerry Lewis -- said he intended to run again in 2012.[62]
A 30-day comment period began on October 11, 2011. A total of 26 hearings were held.[63]
The state legislature announced it was forming a special committee to make recommendations to the Arizona Independent Redistricting commission. The bipartisan legislative committee met on October 21, 2011 for the first time.[64][65] While the six-member committee included two Democrats and four Republicans, legislative Democrats boycotted the new meeting. House Minority Leader Chad Campbell and Senate Minority Leader David Schapira said the committee was simply a scheme to protect incumbents’ seats and undermine the Independent Commission.[66]
On December 20, 2011, the Independent Redistricting Commission voted 3-2 to approve new state legislative and congressional maps. The new congressional map created four Republican-leaning districts, two Democratic-leaning districts and three competitive districts. The state legislative map contained 16 districts deemed safe for Republicans, 10 safe for Democrats and four considered competitive. The two Republican commissioners voted against the new maps.[67]
One of the final discussion points centered around the number of congressional districts along the Arizona-Mexico border. The final map had two border districts. Early versions of the map contained three border districts.[68]
Some officials expressed their dismay at the new maps. State legislator Olivia Cajero Bedford (D) immediately announced she would move in order to seek election in a different district after hers was made more Republican-leaning in the new map.[69]
Redistricting Maps, approved December 2011 |
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The Independent Redistricting Commission met on January 13, 2012, to discuss minor, technical changes to the state legislative and congressional maps.[70]
The final maps were approved and sent to the Department of Justice on January 17, 2012. The final vote was 3-2, with chairwoman Mathis voting in the affirmative alongside the two Democratic chairpersons.[71]
On April 26, 2012, the Department of Justice signed off on the new maps.[72]
Testimony in August 2011 to the Arizona Independent Redistricting Commission. |
The first redistricting meeting took place on February 24, 2011, in Phoenix.[73] The purpose of the meeting was to interview applicants for the fifth and final member of the commission, who would be an independent.[74] During this meeting, the four commissioners were sworn-in.[75]
They then interviewed the five independent candidates for 30 minutes each. The commission chose to delay voting on its fifth member until March 1.[76]
On March 24, 2011, the five-member commission held a meeting in Scottsdale, Arizona. The posted agenda included an introduction of the interim executive director of the commission, as well as discussing RFPs for consultants.[77]
An agenda was posted for a meeting on April 8, 2011. The new website was created, and staff hiring as well as a timeline were to be discussed at the meeting.[78]
A total of 15 meetings were held in 24 locations across the state throughout July and August 2011.[79] A list of the meetings is available here.
On August 25, 2011, the Attorney General filed a lawsuit against the federal government that challenged portions of the Voting Rights Act. Attorney General Tom Horne criticized the state's procedure and approval process as conducted by the Department of Justice, saying that Arizona demonstrated that the state is fair to racial minority voters and should no longer be subject to preclearance.[80] The lawsuit requested a hearing before a three-judge panel. According to U.S. Attorney General Eric Holder, the DOJ would defend the Voting Rights Act. "The provisions challenged in this case, including the preclearance requirement, were reauthorized by Congress in 2006 with overwhelming and bipartisan support," Holder wrote in an email to the Arizona Republic.[81]
Two lawsuits were filed in April 2012 against the new congressional and state legislative maps.[82] Both lawsuits said the state’s independent redistricting commission violated constitutional requirements on processes and criteria for drawing maps. The suit challenging the legislative district alleged that it unconstitutionally packed Republicans into certain districts, providing an advantage to Democrats in other districts.[83]
On June 7, 2012, Republicans filed a lawsuit in US District Court, asking that the congressional map approved by the redistricting commission be prohibited after the 2012 elections. The lawsuit contended that the voter-approved law, which allows a commission rather than the legislature to draw congressional districts, violates the Constitution. Speaker of the House Andy Tobin (R) said, "Today, the Legislature is asking the federal courts to bring the constitutional redistricting process back to Arizona's elected representatives."[84]
U.S. District Judge Paul Rosenblatt granted a motion to create a three-judge panel to hear the case. The two other judges were to be appointed by the chief judge of the US 9th Circuit Court of Appeals.[85]
The case got underway on August 22. Lawyers for the Republican-backed lawsuit argued it should proceed as the redistricting commission violated requirements that were put in place to protect voters. Lawyers for the redistricting commission, meanwhile, sought to have the suit dismissed, arguing the allegations were unfounded.[86]
On October 16, Maricopa County Superior Court Judge Mark Brain dismissed parts of the lawsuit, but said it could continue and gave plaintiffs until November 9 to file a new complaint.[87]
Brain stated that the suit could continue on the following three original arguments:[87]
The complaints dismissed included arguments that the commission failed to advertise a proper congressional map and that it violated Open Meeting Law when discussing hiring potential mapping firms.[87]
Below are the partisan registration figures by Congressional district as of November 2010.[88]
Partisan Registration and Representation by Congressional District, 2010 | ||||||||
---|---|---|---|---|---|---|---|---|
Congressional District | Democrats | Republicans | Unaffiliated | District Total | Party Advantage* | 111th Congress | 112th Congress | |
1 | 152,320 | 134,249 | 117,015 | 403,584 | 13.46% Democratic | |||
2 | 138,209 | 208,769 | 168,628 | 515,606 | 51.05% Republican | |||
3 | 105,648 | 155,381 | 120,727 | 381,756 | 47.07% Republican | |||
4 | 99,022 | 39,308 | 78,038 | 216,368 | 151.91% Democratic | |||
5 | 105,138 | 144,798 | 124,395 | 374,331 | 37.72% Republican | |||
6 | 118,367 | 213,522 | 162,642 | 494,531 | 80.39% Republican | |||
7 | 144,119 | 76,730 | 111,883 | 332,732 | 87.83% Democratic | |||
8 | 140,114 | 159,045 | 128,351 | 427,510 | 13.51% Republican | |||
State Totals | 1,002,937 | 1,131,802 | 1,011,679 | 3,146,418 | 12.85% Republican | 5 D, 3 R | 3 D, 5 R | |
*The partisan registration advantage was computed as the gap between the two major parties in registered voters. |
The Arizona Independent Redistricting Commission was formed after voters approved Proposition 106 in 2000. The Independent Commission began its work shortly after the 2000 Census. Prior to the approval of Proposition 106, the Arizona Legislature was responsible for redistricting.
The initial redistricting plan after the 2000 census was disputed throughout the decade. The 2002 elections were governed by an interim map while a revised version was used in 2004, as the redistricting process was held up in legal challenges.[89]
The five members of the commission in 2001 were:[90]
Arizona headed into 2001 redistricting with a Republican Governor, a divided House, and a two-to-one Republican majority in the state's Senate. Both U.S. Senators and all but one of six Congressmen belonged to the Republican party. Arizona gained two U.S. House seats as a result of the 2000 census.
2001 was also the inaugural run for Proposition 106, a Common Cause and League of Women Voters sponsored ballot initiative that passed 56% to 44% in November 2000. Proposition 106 required an independent citizen commission to draw more compact districts. In January 2001, the Commission on Appellate Court Appointments had whittled 311 applicants for the commission down to 25 finalists. The first draft, which drew compact Districts and gave minorities control of 25% of the Congressional seats and one-third of the state legislative districts drew criticism from Democrats.
Arizona Democrats began building a legal team and publicly speaking of a potential lawsuit during the summer of 2001, before the Commission had actually completed its work.[91] When Democrats developed a plan for a Congressional District that would wind through parts of Maricopa County, Republicans fought the 'downtown' district that planned to take sections of the cities of Tempe, Phoenix, Scottsdale, and Glendale.
The final plan was approved 4-1 on October 13, 2001. Tucson lost representation at the state level to Maricopa County. On November 5, 2001, the Commission signed off on the maps, clearing the way for the Department of Justice to review them. It would be February 10, 2003, before the Commission finally received notice they had Justice Department approval.
In early 2004, Superior Court Judge Kenneth Fields of Maricopa County overturned the Commission's map, agreeing with Democrats that it was inadequately competitive to pass Constitutional muster. Judge Fields ordered all 30 legislative districts redrawn and banned the 2000 map from being used anywhere in the 2004 elections.
The Commission drew another map that Judge Fields rejected in January 2004. The Commission simultaneously appealed that ruling and prepared yet another map. On April 14, 2004, Judge Fields accepted the third effort, ordering the map to be used in 2004 and for the rest of the decade. Republican Secretary of State Jan Brewer said the judge's delay in ruling did not give her enough time to run the 2004 elections on the new map and sought a ruling to allow the old maps to be used that fall. Anticipating Sec. Brewer, a coalition of mainly Hispanic Democrats sued, seeking a ruling ordering Field's April 2004 map be used. At the end of May 2004, Federal Judge Rosalyn Silvers threw out the Democratic lawsuit.[92]
2000 Population Deviation[93] | |||||||
---|---|---|---|---|---|---|---|
Office | Percentage | ||||||
Congressional Districts | 0.00% | ||||||
State House Districts | 3.79% | ||||||
State Senate Districts | 3.79% | ||||||
Under federal law, districts may vary from an Ideal District by up to 10%, though the lowest number achievable is preferred. Ideal Districts are computed through simple division of the number of seats for any office into the population at the time of the Census. |
The following measures have appeared on the Arizona ballot pertaining to redistricting.
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