Tuesday, September 22, 2009

Barbour video: We Count, Mississippi

Gov. Barbour urges Mississippians to participate in the upcoming 2010 Census. See the video

Friday, September 18, 2009

Suit seeks larger Congress

Suit seeks larger Congress, reports Clarion Ledger

OXFORD - If a federal complaint filed here on Thursday is successful, the U.S. House of Representatives could drastically increase to give Mississippi and other states more representation, but at a cost of millions of dollars to taxpayers.

Oxford native John Tyler Clemons filed the suit with registered voters from Montana, South Dakota, Delaware and Utah. Defendants are the U.S. Commerce Secretary Gary Locke; Robert Groves, director of the Census Bureau; and Lorraine Miller, clerk of the U.S. House of Representatives.

The lawsuit comes as promotional plans are in the works for the upcoming census. Census Day is April 1, 2010.

In the last census count, in 2000, Mississippi lost a U.S. House seat because its pace of growth didn't match that of other states, according to the census.

According to the lawsuit, Mississippi is under represented by 10.24 percent. For example, there are four districts each averaging 713,232 persons in Mississippi, while West Virginia has three districts averaging 604,359 persons.

"This under representation violates the constitutional standards for one-person, one-vote," the lawsuit, filed by Washington-based attorney Michael Farris, argues.

The number of representatives in the House currently is fixed at 435.

Two proposed apportionment plans based on the 2000 census are suggested in the lawsuit. Both would change the "ideal" size of a district from 646,952 people to either 159,809 or 301,957 people. Plan A would make the current number of representatives 1,761; while Plan B would increase the number of representatives to 932.

Clemons, a University of Mississippi student and former editor of the school newspaper, said he wants to fight for the under represented people in his state.

"Our Constitution was crafted around the idea that all citizens deserve an equal voice in the decisions of their government," Clemons said. "... If someone's vote in Iowa or Wyoming counts for more than mine, how is that equality?"

A spokesperson for the clerk of the U.S. House said his office had received the complaint, but would not comment on it.

Spokesmen for the Bureau of Census and the Department of Commerce did not return calls for comment.

Some, including 3rd District Republican Rep. Gregg Harper of Pearl, think the restructuring would cost too much money.

With rank-and-file members earning $174,000 per year, taxpayers pay more than $75 million per year total in salaries. If there were 932 congressmen, the overall amount would increase to more than $162 million. If there were 1,761 representatives, the total taxpayer cost could be more than $300 million.

"Clearly, this concept would greatly increase the size and cost of our federal government at a time when we should be reducing spending," Harper said.

But Scott Scharpen, who spearheaded the suit, suggests each representative has too many staff members. By reducing the size of staffs, money could be opened up for more representatives, he said.

Scharpen also said earmarks would be harder to get if there were more districts, making more money available for representatives' salaries.

Ole Miss constitutional law professor George Cochran calls the suit "innovative," but questions how successful it will be.

"I'm not sure the right defendants are being sued," Cochran said. "There are a lot of procedural hurdles that could lead to a dismissal."

Cochran said he wasn't sure who the right defendant would be until he did more research. He said, however, the federal courts may not want to make a ruling on this case because typically the judicial branch cannot tell the legislative what to do and vice-versa.

It would be like a federal judge ruling the war in Iraq is unconstitutional, Cochran said. "That's just not going to happen," he said.

Cochran also believes the court would take into consideration the cost, as well as how difficult the restructuring would be if the lawsuit were successful.

Norman Ornstein, a congressional scholar at the Washington, D.C.-based American Enterprise Institute, also doesn't think the lawsuit will prevail. He said Congress would be unlikely to support adding more districts because it would decrease representatives' power.

Ornstein said the congressional system, unlike a Parliamentary system, is built so representatives can have face time with their constituents, and if you added more districts, face time would be much harder.

"On the other hand, with these dramatic disparities, we might need to think of other ways (to obtain) one-person, one vote. ... Maybe by adding at-large seats," Ornstein said.

Although a census is done every 10 years to reappropriate congressional seats, it doesn't add more than the 435 seats allowed. Scharpen said, as areas become more populated they should add more seats to Congress.

"If this lawsuit is successful," Scharpen said in the release, "the court will require an increase in House membership to achieve appropriate voter equality across America, and bring about perhaps the most significant change in the federal government structure in nearly a century."

Thursday, September 17, 2009

Swing State Project - Potential African American majority Congressional Districts in MS

Check out our fellow bloggers at Swing State Project and their projections for the upcoming 2010 Census...

"When Congressional districts are redistricted after the 2010 Census, it will be possible to redistrict both the States of Alabama and Mississippi so that each has an additional reasonably compact Black majority congressional district. As you can see in the table below, Alabama most definitely has a high enough African American population for 2 of its 7 Congressional districts to be Black opportunity districts. Anything less than that would pretty clearly constitute the dilution of Black voting power in Alabama. Mississippi is a closer case, but between 2000 and the 2010 census, it will have passed the point at which it is more proportional to have 2 African American opportunity districts than to have only 1. It is also less of a sure thing that two African American Representatives could actually be elected, because the Black majorities in the two African American districts cannot be too large..."

Wednesday, September 16, 2009

Census to put special care into count for coastal region

From the Clarion Ledger:

GULFPORT — The U.S. Census Bureau will hand deliver questionnaires to residents in areas of Harrison, Hancock and Jackson counties most devastated by Hurricane Katrina.

The Census Bureau isn't pinpointing the communities, streets or blocks where the deliveries will be made.

Questionnaires go out in late March and should be delivered nationwide by April 1, known as Census Day.

Kat Smith, spokesman at the Dallas Regional Census Center, says residents who use post office boxes for their mail will be notified where they can pick up their questionnaires.

Jackson County Supervisor Melton Harris, whose supervisor's district includes parts of Pascagoula and Moss Point, said there also are concerns the region could lose federal funding.

"The effort is a good one, to make sure everyone gets counted," he said. "There should be a full-scale effort to do a real good count this time. We lost a Congressional seat because of the count in 2000."

Census rules require that people be counted in their homes on Census Day. Congress has not changed the law to reflect situations such as people affected by Katrina who live elsewhere while rebuilding.

Harris said there are a number of people who claim residency in one city but are living temporarily in another city because of the shortage of available affordable housing.

Census workers are expected to also hand-deliver about 300,000 questionnaires to homes in Louisiana affected by hurricanes Katrina and Rita in 2005 and parts of Galveston Island, Texas, hit by Hurricane Ike in 2008.

Tuesday, September 1, 2009

Daily Journal opines on future redistricting fight

Bobby Harrison of the Daily Journal writes about what the future holds in terms of redistricting in MS. Will there be a fight? We'll see in 2011...

JACKSON - Most likely, in early 2011 the Mississippi Legislature will get the state's population data from the U.S. Census Bureau. It will outline what areas of the state have increased population and what areas have lost population.

Then the Legislature must act quickly to redraw the state's 122 House and 52 Senate districts in time to get U.S. Justice Department approval of a redistricting plan before June 1, the qualifying deadline for legislative candidates.

In other words, the Legislature will be acting on a tight time frame to get the districts redrawn in time for the 2011 elections, which will consist of August party primaries and the November general election.

Every other decade, Mississippi faces this problem - the legislative elections occur a year after the Census, meaning the Legislature has little time to reach agreement and put in place new legislative districts.

In 1991, the Legislature did not make it. Racial politics, a speaker's race and other factors prevented the Legislature from reaching agreement. The issue ended up in federal court and with legislators running in 1991 under the old districts and again in 1992 under the new districts.

Legislators will try to avoid the back-to-back elections this time around, but there are no guarantees.

Federal law and court rulings require legislative districts - on the local, state and national levels - to be close to equal in population. Gone are the days when a state House member represented tens of thousands of people in a metro area while a colleague might represented only a few thousand in a rural area.

Under that scenario, the rural population was receiving more representation than urban citizens.

Federal law adheres to the principle of one man, one vote. And in reality, it is one of the most important concepts of our representative democracy.

It is important enough that in 1991, a federal judicial panel said the Legislature could not serve even one four-year term under the old, outdated, unequal district lines. The Legislature served one year under the old lines and had to run again next year.

For a politician, having to run back-to-back years for the same seat has to be a type of electoral purgatory.

If legislators want to avoid that in 2011, they will have to act quickly. After the Legislature adopts a redistricting plan, it also must gain approval of the Justice Department. That can take several weeks.

No doubt, in 2011 there will be a speaker's race just as there was in 1991. In 1991, incumbent Speaker Tim Ford of Baldwyn was being challenged by Ed Perry of Oxford.

After the 2007 campaign, Billy McCoy, D-Rienzi, re-captured the speaker's post by a slim 63-61 margin. Whether McCoy runs or not in 2011, there will be a speaker's race under way when the redistricting process occurs.

That speaker's race could impact the redrawing of the districts lines just as it did in 1991.

The difference is that in 1991 the disagreement broke down, generally speaking, along geographic and urban vs. rural lines, even within the Black Caucus. This time, the divide will most likely will break down along party lines.

Over in the Senate, in 2007 then Lt. Gov.-elect Phil Bryant met with Senate Democrats, who hold a slim majority, and promised not to try to use redistricting as a tool to increase Republican numbers in the Senate. In turn, Democrats promised not to wage what could have been a messy rules fight to try to strip some of the lieutenant governor's Senate powers.

In the past, the leaders of the respective chambers have drawn and gotten approved the redistricting plan for their chamber and it was rubber-stamped by the other chamber. The governor has no official responsibility in the process.

But with a rise in partisan politics in the state, will the Senate try to block the House plan or vice versa? Will Gov. Haley Barbour use his considerable influence over the Senate to try to block the House plan?

If that happens, look for the issue to end up in court again with legislators running in 2011 and 2012.