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Redistricting in Kentucky

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Kentucky



General Information
Process:   Legislative
Deadline:   May 2013
Total Seats to be Drawn
Congress:   6
State Senate:   38
State House:   100
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Contents

Figure 1: This map shows the Kentucky Congressional Districts after the 2000 census.

This page is about redistricting in Kentucky. Though the state neither lost nor gained a Congressional seat, growth was uneven across Kentucky. Legislative districts in the central region, which saw the highest growth, will need to shed population to meet population targets. Underpopulated districts in both the East and the West will need to pick up population. Overall, districts in central Kentucky are expected become smaller and more compact, while outlying district will grow to gain new population.

Process

The Kentucky General Assembly is responsible for redistricting. Although not required by state statute, each chamber is expected to prepare its own redistricting plan. These plans are then proposed as bill and passed like ordinary legislation. As such, the Governor of Kentucky may veto any redistricting plan. Given that each of the major parties controls one legislative chamber, some observers fear that lawmakers could find common ground in an 'incumbent protection' plan.[1]

Leadership

Kentucky received its local redistricting data on March 17, around the same time the state legislature winds down its session. Factoring in time to prepare supplementary data and to transfer Census information into necessary software formats, the actual work of redrawing legislative boundaries is expected to begin sometime in July, 2011 according to legislative sources. A interim committee has been appointed to guide the process.

Figure 2: This map shows the Kentucky House Districts after the 2000 census.
Figure 3: This map shows the Kentucky Senate Districts after the 2000 census.

Members of the Interim Joint Committee on State Government in 2011 include:

Following the Joint Committee's work over the summer, the law allows for two scenarios. Governor Steve Beshear, a Democrat who will seek re-election in 2011, could call a special legislative session at the end of 2011 to approve the redistricting plan or, as has been done in the past, the next legislature to sit could take up the matter in 2012. The initial deadline to approve a redistricting plan was set for January 31, 2012, though lawmakers could also choose to push that date back.

Census results

Figure 4: This map shows Kentucky's population change from 2000 to 2010, by county.

In the past decade, both the eastern and western ends of Kentucky lost population, while the state's central region grew.[2] In all, three Congressional seats will need to give up population to even out the state, with an ideal number of 723,000. In terms of hard numbers, 2000 to 2010 saw Kentucky grow 7.4%, adding approximately 298,000 residents. Specific areas outpaced that rate; for instance, the Lexington area exploded 189.2%, setting the pace for the rest of state.

Racially, whites lagged every other group, with a low 4.6% growth rate. Blacks increased 14%; American Indians 17.5%; Asians 64.5%; and Hispanics a staggering 121.6%.[3]

At the same time that Kentucky faces trimming some seats, the 1st, 3rd, and 5th Districts need to play catch-up and gain population. Lawmakers could wait until January 2012 to begin work, but that might put candidates for the autumn election at a disadvantage in filing papers. Instead, even though the most detailed precinct level data won't be in legislators' hands until July, committee members are already in discussions over the process. One option is a special session after the 2001 off-year elections and before the Assembly convenes the following year.

Redistricting

Special session date uncertain

As of late July 2011, Gov. Steve Beshear (D) remains undecided about whether to call a special session this year to complete redistricting. A special session would cost over $60,000 per day.[4]

Leaders debate special session

The leaders of Kentucky’s legislative chambers have begun discussing the state’s redistricting timeline. However, house and senate leadership appear to be at odds over the proposed start date. House Speaker Greg Stumbo (D) argues that a special session should be held this year prior to the start of the 2012 regular session. He contends that starting in January could overshadow other important issues and disrupt the elections process in the event of a delay. Senate Majority Leader Robert Stivers (R) argues that at $63,000 per day, a special session is not worth the cost. He further argues that the last redistricting session went smoothly without a special session or serious delays.[5]

Stumbo floats congressional maps

This week, House Speaker Greg Stumbo (D) outlined a possible redistricting plan for Kentucky’s congressional districts. The plan has drawn the ire of state Republicans for weakening the GOP base in the 1st and 5th Districts and displacing US Rep. Brett Guthrie (R) in District 2. Stumbo argues that the plan is designed to create more compact districts. Regardless, any map approved by the Kentucky House will require the approval of the Republican-controlled Senate. Republicans control four of the state’s six congressional districts.[6]

Governor considers special session

Governor Steve Beshear (D) has yet to decide whether to call a special session or let lawmakers begin redistricting in January. Republicans favor waiting, citing a $60,000/day price tag for a special session. Stumbo, speaking for himself, said he would favor a special session in the unlikely event that lawmakers have a compromise ready.[7]

Thayer offers congressional proposal

On November 29, Kentucky Senate Redistricting Chair Damon Thayer (R) released a redistricting proposal for the state's congressional districts. The plan is largely based on the existing layout, making minor changes to existing districts. The plan contrasts with the proposal by House Speaker Gregory Stumbo (D) which makes several districts lean more Democratic. While Thayer says his plan makes no attempt to shift the partisan balance of the districts, Republicans already control four of the state's six congressional seats. Ultimately, both chambers will have to sign off on a compromise plan.[8]

House moves on redistricting maps

The Kentucky House of Representatives has passed redistricting maps for the state House and US House. Approved on Tuesday, January 10, the US House map would dramatically reshape the state's congressional districts. Most notably, the plan make significant changes to Districts 4, 6, and 2. Overall, the plans seems to benefit Democratic Reps. John Yarmuth (District 3) and Ben Chandler (District 6) and undercut Republican Rep. Hal Rogers (District 5). Republican Floor Leader Jeff Hoover sharply criticized the plan, saying that political motives drove mapmakers. Republicans currently hold a 4-2 edge in the Kentucky congressional delegation. The plan was approved 54 to 42--more or less along party lines.[9]

  • A copy of the House-approved congressional plan can be found here.

On Thursday, January 12, the Kentucky House also approved new chamber lines, passing a redistricting bill by a 63-34 margin. Republicans decried the proposal and suggested that legal action may be taken against the map if approved. The bill draws seven Republican incumbents into three districts and another Republican would be paired with entrenched Democratic Floor Leader Rocky Adkins. House Speaker Greg Stumbo (D) said the changes were necessary due to demographic changes. Opponents have also been critical of several un-compact, meandering districts in the new plan.[10][11]

Beshear signs legislative plans

On January 20, Kentucky Governor Steve Beshear (D) signed the state's legislative redistricting maps. Each chamber drew its own maps, guided by the majority party (Republican in the Senate and Democratic in the House). The Governor criticized Senate Republicans for drawing partisan maps, but did not chasten the House's plan. The votes in both chambers were marked by anger from from minority party legislators. The chambers remain at an impasse on congressional maps.[12]

The signature filing deadline for congressional and state legislative candidates is January 31. However, the congressional deadline is expected to be moved to February 7 in order to create time for a compromise map.[13]

Stumbo says US House compromise near

Speaker of the House Greg Stumbo (D) said lawmakers in the Republican Senate and Democratic House are in the process of reaching a compromise on Kentucky's congressional districts. Stumbo said the map closely resembles existing districts. Legislators could consider the plans by Tuesday, February 7.[14]

Congressional map passed, signed

On February 10, the Kentucky State Legislature approved a congressional redistricting compromise. The plan passed 29-7 in the Senate and 58-26 in the House. Governor Steve Beshear (D) signed the plan on the same day. These events come just one day after a lawsuit was filed asking the courts to take over the congressional redistricting process.[15]

Legal Issues

Lawsuit filed against leg maps

On January 26, House Republicans filed suit against the Democrats' chamber map. The GOP lawmakers argue that the plan unnecessarily divides counties. The approved plan splits four more counties than the Republican alternative. On January 30, Senator Kathy Stein (D) joined the lawsuit, challenging the Senate redistricting plan. She contends that the changes to her district disenfranchise Lexington voters.[16][17]

Judge postpones filing deadline

On January 31, a state circuit judge hearing the lawsuit against the state's legislative maps extended the filing deadline for candidates from January 31 to February 7. The lawsuit was brought by members of the minority parties in each legislative chamber. The delay is expected to put legislative activity on hold as incumbents wait to size up their fall challengers.[18]

Judges tosses leg maps, appeal planned

On February 7, a Franklin Circuit Court ruled that Kentucky's new legislative districts are unconstitutional, saying that the districts exhibited unacceptable population disparities and divided too many counties--both violations of the Kentucky Constitution. The state plans to appeal the ruling to the Kentucky Supreme Court.[19]

Decision appealed

The state has officially appealed a Franklin Circuit Court decision which invalidated Kentucky's new legislative redistricting plan. The appeal has been fast-tracked by the Kentucky Supreme Court.[20]

Supreme Court hears appeal

On February 24, the Kentucky Supreme Court heard arguments today in the appeal of a County Circuit judge's ruling that overturned the state's new legislative districts. Since county precinct maps are based on the state maps, counties may be forced to revise their plans if the decision is upheld.[21][22]

  • The Circuit Court ruling can be found here.

Supreme Court overturns maps

On February 24, after hearing oral arguments, the Kentucky Supreme Court overturned the state's legislative districts, upholding an earlier Circuit Court ruling. The Circuit Court held that the districts exhibited unacceptable population disparities and divided too many counties--both violations of the Kentucky Constitution. As a consequence of the High Court's ruling, 2012 elections will take place in Kentucky's existing legislative districts. In addition, since the filing deadline has already passed, candidates may not change their filing. This will force some candidates whose residences lie outside the old district lines to withdraw. A full opinion by the Supreme Court is still pending and legislators may wait until next year to revise the plans.[23][24]

  • The Supreme Court order can be found here.

Reform legislation

HB 407

Rep. Mike Nemes has introduced a bill (HB 407) to create a non-partisan redistricting panel.[25]

Redistricting amendment

On Wednesday, a constitutional amendment was approved by the Kentucky Senate's State and Local Government Committee. The amendment would require state legislators to finish redistricting in the first complete session after census data is published. If the maps are not completed, lawmakers must stay in session without pay until a plan is approved. The amendment would also clarify certain constitutional provisions guiding the process. The measure must be approved by a 3/5 supermajority in each chamber before it can be presented to voters. On February 24, the Kentucky Supreme Court overturned the state's legislative districts.[26]

History

Deviation from "Ideal Districts"

2000 Population Deviation[27]
Office Percentage
Congressional Districts 0.00%
State House Districts 10.00%
State Senate Districts 9.53%
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.

Congressional Districts in December 2010

Partisan Registration and Representation by Congressional District, 2010
Congressional District[28] Republicans Democrats Other District Total Party Advantage* 111th Congress 112th Congress
1 (Western Kentucky) 152,383 284,080 23,362 459,825 152.05% Democratic
2 (West Central Kentucky) 180,096 278,250 32,279 490,625 54.51% Democratic
3 (Louisville) 157,711 286,459 41,579 485,749 81.64% Democratic
4 (Northern Kentucky) 201,854 258,626 46,415 506,895 28.13% Democratic
5 (Eastern Kentucky) 210,920 236,069 15,133 462,122 11.92% Democratic
6 (Central Kentucky) 171,961 285,329 37,079 494,369 65.35% Democratic
State Totals 1,074,925 1,628,813 195,847 2,899,585 51.53% Democratic 2 D, 4 R 2 D, 4 R
*The partisan registration advantage was computed as the gap between the two major parties in registered voters.

Timeline

Kentucky 2010 Redistricting Timeline
Date Action
Late March 2011 Census data are delivered and legislature adjourns since die.
July 2011 Special session to draw legislative maps begins.
January 31, 2012 Initial deadline for the legislature to adopt a plan.

Constitutional explanation

The Kentucky Constitution provides authority for redistricting to the General Assembly in Section 33 of the Legislative Department article.

See also

External links

References

  1. Courier Journal, "Hardball politics likely to guide Kentucky redistricting", March 26, 2011
  2. Lexington Herald Leader, "Census: Three Kentucky congressional districts have too many people", March 19, 2011
  3. Cincinnati.com, "Census Bureau releases Kentucky redistricting data", March 17, 2011
  4. The Republic, "Gov. Steve Beshear hasn't decided whether to call special session for redistricting," July 28, 2011
  5. Courier-Journal, "Kentucky House, Senate leaders at odds on redistricting," October 6, 2011
  6. Courier-Journal, "Brett Guthrie opposes Kentucky congressional district redraw," November 16, 2011
  7. The Republican, "Top Republican in Kentucky House urges governor to reject special session on redistricting," November 16, 2011
  8. Courier-Journal, "Kentucky Republican senator Damon Thayer unveils congressional remap plan," November 29, 2011
  9. WFPL, "State House Approves Congressional Redistricting Map," January 10, 2012
  10. The Republic, "Ky. House Democrats pass contentious legislative redistricting plan despite GOP objections," January 12, 2012
  11. Courier-Journal, "GOP challenges redistricting plan even as it passes House," January 12, 2012
  12. The Richmond Register, "Beshear signs redistricting law despite controversy," January 21, 2012
  13. The Republic, "Kentucky lawmakers look to postpone congressional election filing deadline by 1 week," January 27, 2012
  14. Courier-Journal, "Congressional redistricting plan near, Stumbo says," February 3, 2012
  15. The Republic, "Ky. lawmakers pass congressional redistricting proposal; governor signs into law," February 10, 2012
  16. Kentucky.com, "Lawsuit challenges Kentucky's redistricting plan," January 29, 2012
  17. Real Clear Politics, "Judge to rule by Tuesday on filing deadlines," January 30, 2012
  18. Courier-Journal, "Judge delays filing deadline for Kentucky legislative candidates," February 1, 2012
  19. Courier-Journal, "Legislators to appeal ruling on districts," February 9, 2012
  20. Kentucky.com, "Supreme Court puts redistricting case on fast track," February 14, 2012
  21. Kentucky.com, "Supreme Court to hear redistricting oral arguments Friday," February 24, 2012
  22. The Ledger Independent, "State battle could complicate county precinct mapping," February 23, 2012
  23. McCreary, "Supreme Court tosses redistricting," February 29, 2012
  24. nky.com, "Candidates withdraw from state races due to redistricting," February 28, 2012
  25. Kentucky.com, "Supreme Court puts redistricting case on fast track," February 14, 2012
  26. Courier Journal, "Senate panel approves bill aimed at improving redistricting," March 14, 2012
  27. National Conference of State Legislatures, “Redistricting 2000 Population Deviation Table”, accessed February 1, 2011
  28. Kentucky Secretary of State, Kentucky State Board of Elections, "VOTER REGISTRATION STATISTICS REPORT", December 21, 2010
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