Legislative Wrap-Up, 1121 ALBJ, Vol. 82 No. 6 Pg. 436 (November, 2021)

PositionVol. 82 6 Pg. 436

LEGISLATIVE WRAP-UP

No. Vol. 82 No. 6 Pg. 436

Alabama Bar Lawyer

November, 2021

Othni J. Lathram Director, Legislative Services Agency

olathram® tea.state.al.us

For more information, visit www.lsa.alabama.gov.

James L. Entrekin, Jr.

General Counsel,

Legislative Services Agency

jentrekin@lsa.state.al.us

The Redistricting Process: Forming the Foundations of Our Republic

What Is Redistricting and Why Is It Important?

Every 10 years, as we receive and respond to the federal government's requests to count and identify the citizens and residents of each state and territory, we are reminded that a census is not just something we read about at Christmastime from the biblical account of Jesus's birth and the reason for Mary and Joseph's journey to Bethlehem. Rather, it is a very current and relevant part of our system of government. Out of the data collected from the census, as numerically dull as the details may be, comes vital information upon which the Alabama Legislature and the other states conduct the redistricting process. Redistricting is the redrawing of the geographical boundary lines that make up federal, state, and local districts, in order to identify what parts of the population will be joined together in districts to elect representatives from those districts to the full government body. It is required by both the federal and Alabama constitutions and takes place every 10 years after the completion of the federal decennial census. Although redistricting is required by the federal constitution and must meet federal constitutional standards, the process is conducted entirely at the state level.1

The technical purpose behind any changes that are made to districts during the redistricting process is to reflect population shifts that have occurred since the last federal decennial census. Described this way, redistricting could easily sound mundane. However, in reality, there is a lot more purpose etched into the fabric of redistricting. The redistricting process impacts the very core of our democratic republic because it affects the foundation upon which our government is placed: the election of representatives by its people to a government that is for its people.

While the technical purpose of redistricting is to balance districts based on population shifts, the fundamental reason the populations of each district need to be balanced is to help ensure that everyone's vote is weighted as equally as possible. For example, if District 1 has 10,000 voters while District 2 only has 10 voters, then the 10 voters in District 2 clearly have more individual power and influence over the outcome of their election as compared to the voters of District 1.

Prior to the 1960s, redistricting among the states lacked uniformity and occurred irregularly despite population shifts throughout the nation and within each state. This resulted in some congressional and state districts with many more constituents than others, all from within the same state. Subsequently, in a series of U.S. Supreme Court cases in the 1960s, the principle of "one person, one vote" was established along with the requirement for congressional house districts to be equal based on Article I, Section 2 of the U.S. Constitution and for state legislative districts to be substantially equal based on the Equal Protection Clause, all of which are to be done every 10 years after the federal census. See, e.g., Baker v. Can, 369 U.S. 186 (1962); Gray v. Sanders, 372 U.S. 368 (1963); Wesberry v. Sanders, 376 U.S. 1 (1964); and Reynolds v. Sims, 377 U.S. 533 (1964), or just Google it!

Now that equally-populated districts have been established as a non-negotiable requirement, the most important consideration then becomes "how"those population groups are to be divided up into various districts. Which communities, constituencies, or groups of people should be grouped together in a district? Which factors should weigh into such decisions? Are these decisions being made to unite voters of...

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