From Ballotpedia

Kansas
General Information
Process:	Reapportionment Commission
Deadline:	Before end of 2012 legislative session
Total Seats to be Drawn
Congress:	4
State Senate:	40
State House:	125
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Redistricting in Kansas is carried out by the Kansas Legislature. Kansas is one of the only states to use state-adjusted census figures. These adjusted figures account for non-resident students and military personnel.

The 2010 Census showed 6.1% population growth, with a notable concentration in the state's northeast. Kansas City and other eastern areas picked up population largely due to growth among Hispanics. In constrast, the state's rural West lost populations in almost all its counties.^[1] The legislative committees in charge of redistricting met for the first time on June 1 to begin the redistricting process.^[2]

Process

The Kansas Legislature is responsible for legislative, congressional, and state Board of Education redistricting. The House and Senate each appoint members to a committee to develop plans which are then presented to the respective chambers for consideration. Kansas redistricting is based on figures adjusted by the Secretary of State. These figures are adjusted for the student, prison, and military populations, using state survey data. Redistricting plans are subject to mandatory judicial review by the Kansas Supreme Court.^[3][4]

Both chambers held orientation meetings for their redistricting work on June 2, 2011.^[5]

House Speaker Mike O'Neill appointed himself head of redistricting for the House, an unusual step even given his marked interest and prior experience with the process. Explaining the decision, "There are really only a couple of us who've had experience doing this. Given that I was going to have a substantial interest in it and probably would be working on it anyway, I just decided that we'd run it out of our office."^[6]

Leadership

Senate Reapportionment Committee

The Kansas State Senate has appointed its reapportionment committee members. The committee is composed of 17 Republicans and 6 Democrats. The members are as follows:

Tim Owens Chair Dwayne Umbarger Vice Chair Anthony Hensley Ranking Minority Member Pete Brungardt David Haley Tom Holland Dick Kelsey

Carolyn McGinn Ralph Ostmeyer Mike Petersen Ruth Teichman John Vratil Susan Wagle

House Reapportionment Committee

The Kansas House of Representatives has appointed its reapportionment committee members. They are as follows:

Michael O'Neal Chair Joe Patton Clay Aurand Steven Brunk Anthony Brown Richard Carlson Lance Kinzer Forrest Knox Brenda Landwehr

Peggy Mast Larry Powell Don Schroeder Scott Schwab Sharon Schwartz Gene Suellentrop Caryn Tyson Brian Weber

Paul Davis Annie Kuether Robert Grant Janice Pauls Michael Peterson Jim Ward

Public meetings

This summer, members of the reapportionment committees plan to hold several meetings in cities around the state.^[7] The full schedule can be found here. Additional meetings have been scheduled in September and October.^[8][9]

Committee meets to establish guidlines

The Kansas State Sentate's Reapportionment Committee will meet Friday, January 13 to establish rules to guide its drafting of new redistricting maps. The House committee has already adopted its own guidlines, permitting a 5% deviation from ideal district populations.^[10]

Census results

Kansas did not gain or lose any seats from the reapportionment after the 2010 census. The state population grew to over 2.85 million residents, an increase of 6.1 percent.^[11]

Kansas receives local data

On March 2, Kansas received its local 2010 census data. The data will guide the state as it redraws congressional, state, and local electoral districts.^[12] The local data shows sharp declines in Kansas' rural counties. Of the state's 105 counties, 77 saw population declines in the past ten years. 23 of these saw declines greater than 10%. These declines must be contrasted with the state's overall population growth of 6.1%, indicating significant shifts in the distribution of Kansas residents. Many of these shifts moved residents away from the state's western districts although southeast Kansas may also lose a district.^[13][14] Analysts contend that this a part of a longer trend away from labor intensive agriculture to more efficient, mechanized farming.^[15] The largest growth was seen in Kansas' small cities.^[16][17]

Kansas has also seen an increase in its Hispanic population. The Hispanic population has grown 59% since 2000 and now accounts for 10.5% of the population.^[18] Since redistricting must respect minority voting rights, growing minority populations promise to create new challenges for state mapmakers.

Secretary releases revised census data

On July 26, Secretary of State Kris Kobach (R) released revised census figures accounting for non-resident students and military personnel. The revised population total is about 14,000 lower than the federal count of 2,583,118. The revision process is a remnant of the days when Kansas used the state agricultural census to conduct redistricting. District 66, home to Kansas State University, lost the most residents (10,000) in the revised count.^[19][20]

Congressional redistricting

Analysts expect a redistricting fight to take place over the 3rd Congressional district. The 3rd includes Johnson, Wyandotte, and parts of Douglas County. While the state population grew by just about 5% from April 1, 2000 to July 1, 2009, Johnson grew by nearly 20% and Douglas by 15%. This growth necessitates a smaller 3rd district, but the debate is how to do it fairly.^[21][22] Some have speculated that the 1st Congressional district will have to grow as other districts absorb District 3 voters and crowd eastward.^[23]

Since the last redistricting, the 3rd district re-elected Democrat Dennis Moore until his retirement in 2010, when voters chose Republican Kevin Yoder. With Yoder's election, Republicans now control all four congressional districts in the state.^[24]

Possible plan circulates

A Congressional plan, rumored to be the GOP proposal, is circulating the state. The plan would add an arm to the 1st District, reaching over the 2nd District to encompass the northeast corner of the state. The arm would join the rural western half of the state with the Kansas City. Democrats quickly decried the plan, accusing it of doing "a disservice" to both regions in a Republican attempt to "dominate" the state. US Rep. Tim Huelskamp (R) of District 1 said he's "confident our representatives will work to preserve the character of the First District.”^[25]

• See the full plan here.

Along with this plan, another plan had been considered that would move Manhattan from District 2 to District 1 and part of Lawrence from District 3 to District 2. This would involve less dramatic changes to the state's existing districts, but Districts 2 and 3 would be left soft GOP seats, opening the door to Democratic challengers. Also, the plan would move Fort Riley and KSU out of the 2nd District where Rep. Lynn Jenkins (R) has been their long-time advocate.^[26]

Committee plans surface

On Monday, January 23, two draft congressional maps surfaced in Kansas. The competing plans agree on placing all of Lawrence in District 2 but disagree about whether to place Manhattan in the 1st. A vote by the Senate committee could come as early as next week. Legislative maps are still being considered. ^[27]

Committee adopts US House plan

On February 1, the Kansas State Senate's redistricting committee approved a bipartisan congressional redistricting plan. The plan consolidates Lawrence in US House District 2, and moves Manhattan from District 2 to District 1. However, state Republicans and the Kansas Chamber of Commerce have lashed out against the plan. State Party Chair Amanda Adkins argued that the plan was intended to create a Democratic 2nd District. A chamber official said the map hurts Republicans and furthers the President's political agenda. Proponents of the plan defend it as non-partisan and note that registered Republicans in the district only drop 2% under the plan. The map will now be considered by the full Senate with a likely vote on Monday, February 6.^[28]

• The redistricting bill (SB 344) and maps can be found here.

Senate approves congressional map

On February 9, the Kansas State Senate approved a controversial congressional plan by a 23-17 margin. The plan consolidates Lawrence in US House District 2, and moves Manhattan (and, thus, Kansas State University) from District 2 to District 1. The plan would slightly weaken the Republican base in District 1 and has drawn fire from more conservative lawmakers. Ultimately, only 15 Republicans supported the plan (with 17 opposed). However, with all eight Democrats supporting the plan, it was finally passed. The map now moves to the state House where Speaker Mike O'Neal (R) has expressed concerns about the bill.^[29]

Proposals submitted in House

On March 2, Kansas lawmakers submitted a slew of proposed congressional maps to the House Redistricting Committee. In total, 18 have been submitted. The Kansas State Senate already approved a bi-partisan congressional map on February 9, 2012. However, conservatives in the House worry that the plan favors Democrats. Most of the plans submitted divide either Topeka or Kansas City and reunify Lawrence. A meeting to narrow down the proposals was held on Monday, March 5. The committee plans to adopt one of the proposals outright, rather than working from scratch.^[30][31]

• Congressional proposals and drafts can be found here.

Committee chooses map

A House committee passed a new congressional map by a vote of 12-11 on March 14. The controversial bill moves a portion of Wyandotte County--home to Democratic-leaning Kansas City--into the conservative 1st congressional district of Kansas. The map is a stark contrast to the one passed by the State Senate. The upper chamber chose a bipartisan map that keeps Wyandote in the 3rd congressional district of Kansas. The overall effect of the House map would be to increase Republican majorities in Districts 2 and 3, while sacrificing part of the GOP's considerable advantage in District 1. District 1, however, would remain a Republican-friendly district.^[32]

Two maps fail in House

During the week of March 19, the Kansas House of Representatives rejected two competing congressional redistricting plans, sending lawmakers back to the drawing board. The committee map, approved on March 14, floundered in the House until it was replaced by Rep. Tom Arpke (R). The replacement map passed 70-51 in a preliminary vote on Tuesday. However, House Speaker Mike O'Neal (R), an advocate of the original map, sharply criticized the map, and the House promptly voted it down on Wednesday, 48-76. It now appears that neither map is destined for passage. Another, Senate-drawn congressional map appears doomed as well.

As House lawmakers begin drafting a consensus map, it appears likely that parts of Shawnee County will be used to bolster the 1st Congressional District. The now-dead committee bill moved a portion of Wyandotte County--home to Democratic-leaning Kansas City--into the conservative 1st Congressional District of Kansas. The Senate chose a bipartisan map that kept Wyandotte in the 3rd Congressional District of Kansas, drawing population for District 1 from Riley County.^[33]

Meanwhile, a Kansas State Senate panel approved a chamber map on Monday, protecting three incumbent Republicans from conservative challengers. The changes would protect Carolyn McGinn, Tim Owens, and Jean Schodorf.^[34]

House approves map as fight spills over

After two map earlier options were rejected, the Kansas House of Representatives has approved a congressional redistricting plan. Passed 81-43 on March 27, the plan would move half of Topeka (currently in District 2) to District 1, bolstering rural District 1's flagging population growth. However, the Senate's reapportionment chair, Tim Owens (R), called the plan "absurd" and predicted that the plan would founder in the Senate. House Speaker Mike O'Neal (R) responded by threatening to reject and redraw the Senate's chamber map if their congressional plan is not approved. The conflict is part of an ongoing struggle between moderate Republicans in the Senate and conservatives in the House. In addition, regional conflicts over the location Kansas City, Manhattan/KSU, and a new federal biosecurity facility have further complicated matters. Ordinarily, each chamber defers to the other on its chamber maps and together draw a consensus congressional plan.^{[35][36][37][38]}

Chambers approve unlikely plans

On May 18, the Kansas State Senate approved a chamber map and the Kansas House of Representatives approved a congressional map. Neither map in its present form seems likely to win approval by the opposite chamber.^[39][40]

Legislative redistricting

Growth in Eastern Kansas may result in up to five house seats moving East. Shawnee, Jackson, Pottawatomie and the five counties in the Kansas city metro area will likely pick up these representatives.^[23] Johnson county, a Kansas City suburb, is now the largest county in the state.^[41]

The state's southeast could take the loss, and one of the region's representatives was remarkably candid about it. Robert Grant remarked, "I hope we don’t, but we should have lost one 10 years ago when we did the last one".^[42]

House plans emerge in committee

A new state House plan has surfaced in the House redistricting committee. The plan shifts three districts into the Kansas City metro area.^[43]

House approves chamber map

On Thursday, February 9, the Kansas House of Representatives gave bi-partisan approval to its new chamber map. The plan was approved by a 109-14 margin and garnered the support of the speaker and minority leader. Republicans currently control the House by a 92-33 margin. The plan pairs eight lawmakers in four districts -- seven of the eight lawmakers are Republicans. Overall, the maps shifts powers from rural areas into Kansas City.^[44]

Tension over chamber maps

Like many state legislatures, the Kansas State Legislature typically allows each chamber to draw its respective redistricting map. This tradition, however, is on the rocks as lawmakers consider plans to redraw the state's legislative maps. House Speaker Mike O'Neal (R) has suggested that the House may tweak the Senate plan to garner additional support. One Senate plan under consideration has already drawn criticism for combining two southern districts and pairing two incumbents. The Kansas House of Representatives has already approved a chamber map, passing the plan 109-14 on February 9. Since Republicans hold decisive majorities in both chambers, much of controversy has arisen from the conflict of moderate and conservative Republicans.^[45]

In addition, Kansas Gov. Sam Brownback (R) has taken a more active role in redistricting, suggesting that lawmakers form a single Senate district for Leavenworth County and keep KSU in an eastern congressional district. The county is currently split between two Democratic districts. Manhattan (and KSU) have been moved into a western district under one congressional proposal. Opponents, however, contend that Brownback is essentially targeting former Democratic opponents with the suggestion. In addition, the KSU move could force lawmakers to divide Topeka or Kansas City.^[46]

Conflict continues over Senate maps

Kansas remains deadlocked as lawmakers consider both US House and State Senate plans. Both chambers have approved congressional plans, but the conservative House and moderate Senate have yet to agree on a consensus plan. Meanwhile, conservatives and moderates within the Senate are deadlocked over how to draw the new chamber lines. Moderates have sought to shield incumbents from conservative challengers. The House has since threatened to intervene in drawing the Senate's chamber maps and the Governor has been unusually vocal as the June 1 candidate filing deadline draws near.^[47]

Senate approves chamber map

On April 27, the Kansas State Senate Reapportionment Committee approved a chamber map and revisions to a House map passed the House earlier this year. The revisions strain the tradition that each chamber may draws its own maps. House Speaker Mike O'Neal (R) has said that he will consider revisions to the Senate map unless it passes by a large margin.^[48]

As deadline passes, House passes Senate map

On May 10, the Kansas House of Representatives approved an alternate version of the Senate redistricting map. The move is part of an ongoing feud between moderate Republicans in the Senate and conservatives in the House. Ordinarily, each chamber draws its own chamber maps. The competing House plan challenges this tradition.^[49]

Kansas law requires legislators to complete redistricting during the regular session--which is limited to 90 days. The 90 day limit has passed and a lawsuit has been filed, but it's unclear when or if the courts will intervene.^[50]

Chambers approve unlikely plans

On May 18, the Kansas State Senate approved a chamber map and the Kansas House of Representatives approved a congressional map. Neither map in its present form seems likely to win approval by the opposite chamber.^[51][52]

Legal issues

Lawsuit filed over delays

On May 3, a Kansas resident and Republican precinct committee member filed a federal lawsuit over the state's ongoing redistricting gridlock. The lawsuit contends that operating under the old boundaries constitutes a violation of the plaintiff's right to equal representation. The plaintiff, Robyn Renee Essex, suggests that the court impose maps much like those drafted by legislative conservatives. Her attorney is conservative House Speaker Mike O'Neal's (R) former chief of staff, Brent Haden. O'Neal has denied any involvement in the filing.^[53]

Secretary Kobach files brief

On May 16, Kansas Secretary of State Kris Kobach responded to a federal lawsuit over redistricting. The plaintiff argues that redistricting delays have left outdated and unequal districts in place and constitute a violation of her right to equal representation. Kobach's filing asks the court to create a three-judge panel to redraw Kansas' congressional, legislative, and Board of Education districts.^[54]

Kobach also suggested that court could select one of the maps under consideration in the legislature or that he himself could redraw the lines.^[55] Kobach maintains that redistricting is a task for the legislature, but contends that the long delays forced his hand. Kobach called the delays a "constitutional crisis."^[56] Several legislative leaders have requested to intervene in the case. Gov. Sam Brownback may also seek to intervene.^[57]

• Documents in the court case can be found here.

Citizen activism

Redistricting competition

Insight Kansas, a political science blog, is sponsoring a redistricting competition. The winning maps will be submitted to the legislative redistricting committees. Details can be found here.

Reform Legislation

Non-Partisan Commission

Kansas Democrats have proposed a non-partisan redistricting commission to redraw the state's legislative boundaries. However, with Republican majorities firmly in control of redistricting, it unlikely the proposal will pass. Past Republican supporters of the proposal have suggested that it is simply too late to pass the bill.^[58]

Government downsizing

County Consolidation

On February 14, the Senate Ways and Means Committee introduced legislation, SB204, that would reduce the number of Kansas counties from 105 to 23. The bill, championed by Sen. Chris Steineger (R), is designed to strengthen counties and improve efficiency. A Wichita State University study has found that such a consolidation could result in hundreds of millions in yearly savings.^[59]

Eliminating representatives

Sen. Chris Steineger (R) has introduced a bill, SB203, to reduce the number of state senators from 40 to 30 and the number of state representatives from 125 to 90. The bill is part of a larger movement to consolidate state government by reducing the number of state representatives.^[60]

Timeline

Kansas redistricting plans are officially approved in the legislative session beginning two years after the Census year. Thus, Kansas redistricting will be completed in 2012 legislative session. Kansas redistricting maps are based on adjusted figures calculated by the Secretary of State. These figures must be prepared by the end of July 2011, since new maps will be developed between the 2011 and 2012 sessions. Once the plans are approved early in the 2012 session, they are published in the Kansas Register and the the Attorney General has 15 days to petition the Kansas Supreme Court for a constitutionally mandated review. The court has 30 days to render its judgement. If the court rejects the plan, the legislature has 15 days to enact another based on court's judgement and apply for review. The court has an additional 10 days to render a second judgement. If the plan is again rejected, the legislature has an additional 15 days to pass a plan "in compliance with the direction of and conforming to the mandate" of the court.^[3]

Partisan Registration by District

Congressional Districts in November 2010

Partisan Registration and Representation by Congressional District, 2010
Congressional District		Republicans	Democrats	Other	District Total	Party Advantage*	111th Congress	112th Congress
1 (Western and Central Kansas)
2 (Topeka & Eastern Kansas)
3 (Kansas City Metropolitan Area, Lawrence)
4 (South-Central Kansas, including Wichita)
State Totals		744,975	460,318	501,504	1,706,798	61.84% Republican	1 D, 3 R	0 D, 4 R
*The partisan registration advantage was computed as the gap between the two major parties in registered voters.

History

The 1859 Kansas Constitution set up a legislature which could have up to 33 senators and 100 representatives, with each chamber determining its own size and reapportioning itself every 5 years. Each county was entitled to at least one representative. Growth soon lead to an amendment in 1873 to raise the limits to the current 40 senators and 125 representatives. However, the legislature often exceeded these limits while also failing to reapportion every 5 years. State courts kept a hands off approach and did not enforce reapportionment or provide a check of unequal representation.

By the 1960s, both state chambers had great disparities from district to district, with urban areas being the most underrepresented. The Senate made attempts toward the one man-one vote ideal, but saw their plans in 1964 challenged in federal court and found to be in violation of Equal Protection Clause. Further attempts by the legislature in 1968 were struck down due to variances in district populations. Following the case the court would end up putting its own plan into place and would do so again in 1972. The change to districts based on equal population saw a rise in the election of urban and suburban legislators and more or less ended the rural bias.

Kansas is unique in that, up until 1989, they used the state Agricultural Census as the basis for redistricting rather than the federal census. The Agricultural Census, conducted annually, differed in from the national census in how military personnel and students were counted. In 1974 voters approved a constitutional article to hold the legislature responsible for redistricting every 10 years beginning in 1979. This end of decade redistricting was intended to make Agricultural Census figures more defensible since newer federal data would not be available. However, in 1978, the Agricultural Census was abolished and used for the final time in 1979.

In the 1980s, the constitution was again modified to account for elimination of the Agricultural Census and make the switch to the U.S. Census. The changes provided for a special state census to guide 1989 redistricting and mandated that redistricting be conducted every ten years based on U.S. Census data, starting in 1992. However, much like the Agricultural Census, the Kansas constitution mandates that federal data be adjusted to account for students, military personnel, and inmates.^[61][62]

2001 redistricting

Deviation from "Ideal Districts"

2000 Population Deviation[63]
Office		Percentage
Congressional Districts		0.00%
State House Districts		9.95%
State Senate Districts		9.27%
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.

Lawsuits related to the 2000 Census

There was one lawsuit related to the Georgia 2000 census redistricting process.^[64]

• Graham v. Thornburgh, No. 02-4087-JAR (D. Kan. July 3, 2002) : The Kansas Attorney General filed a complaint in federal district court, State ex rel. Stovall v. Thornburgh, alleging that the newly enacted Kansas congressional districts were unconstitutional. The court found that the Attorney General did not have standing to bring the case, so the case proceded with one of the intervenors substituted as plaintiff. The Attorney General offered an alternative plan, but a three-judge panel upheld the Legislature's plan.

Constitutional explanation

The Kansas Constitution provides authority for redistricting to the Legislature in Article 10.

Originally, the Constitution required the use of a state-conducted census for determining population statistics. This was amended in 1988 to require the use of U.S. Census figures.^[65]

See also

• State Legislative and Congressional Redistricting after the 2010 Census
• State-by-state redistricting procedures

External links

• Kansas Legislative Research Department, Redistricting

References

v • d • e Redistricting State Redistricting Pages Alabama · Alaska  · Arizona · Arkansas · California · Colorado  · Connecticut  · Delaware · Florida  · Georgia  · Hawaii  · Idaho  · Illinois  · Indiana  · Iowa  · Kansas  · Kentucky  · Louisiana  · Maine  · Maryland  · Massachusetts  · Michigan  · Minnesota  · Mississippi · Missouri  · Montana · Nebraska · Nevada  · New Hampshire  · New Jersey  · New Mexico  · New York  · North Carolina · North Dakota  · Ohio  · Oklahoma · Oregon · Pennsylvania  · Rhode Island  · South Carolina · South Dakota  · Tennessee · Texas  · Utah · Vermont  · Virginia  · Washington  · West Virginia · Wisconsin · Wyoming State-by-state redistricting procedures • Redistricting news desk • Redistricting lawsuits relating to the 2010 Census • Partisan balance of redistricting committees in 2011 • Redistricting Activist Organizations • Redistricting Roundup • Status of redistricting maps after the 2010 census