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A federal panel of three judges unanimously said Friday that the map of the Ohio Congress' s gerrymandered district was unconstitutional and ordered the creation of a new map in time for the 2020 elections.
The Ohio Civil Liberties Association, on behalf of the League of Women voters and others, filed a lawsuit a year ago to try to advance the agenda of congressional reform by the Congress.
"This decision is a win for all Ohio voters because a fair congressional card before 2020 means a stronger democracy for the Buckeye State," said Jen Miller, executive director of the League of Women Voters' l & # 39; Ohio.
The court ordered the state to create a new map by June 14. But if the state does not adopt a constitutional version of the card for the 16 congressional districts of Ohio, the court can do it itself.
An appeal is possible directly to the United States Supreme Court.
"We join other federal courts that have found gerrymandering unconstitutional supporters and developed substantially similar standards to rule on such claims," reads the judgment.
"We are convinced by the evidence that this partisan gerrymander was intentional and effective and that no legitimate justification justifies its end. … the 2012 map dilutes the votes of Democratic voters by placing them and dividing them into so biased districts in favor of a party that the election result is predetermined. We conclude that the card unconstitutionally imposes association rights by making it more difficult for voters and certain organizations to advance their goals, whether they are pro-Democrats or pro-Democrats. "
Two of the three judges have been appointed by Democratic presidents – Timothy S. Black of Barack Obama and Karen Nelson Moore of Bill Clinton. The third judge of the committee, Michael H. Watson, was appointed by Republican George W. Bush. The case was heard in Cincinnati.
Last year, Ohio voters overwhelmingly endorsed a constitutional amendment to limit the power that the majority party can control over the process of establishing congressional lines, starting in 2022, after the publication of the results of the next census. The lawsuit attempts to force change from the 2020 elections.
The current map of the Ohio Congress, created under the secrecy and under the full control of the Republicans in 2011, makes the districts have little geographic sense, extending over 100 km, and results predictable with 12 reliable republican districts created by grouping Democrats in four blue districts.
The map had been heavily criticized by critics who claimed they had created insurance against voter mood fluctuations – for both Republican and Democratic districts. The map, at least indirectly, has led to petitions for change at the state level.
In each of the four congressional elections with this card, the Republicans won the same 12 seats and the Democrats the same four – as expected. And the GOP won the 75% of the elections with just over 50% of the vote.
The adverse effects of gerrymandering and the need for change have been at the center of a series of months on cleveland.com – Out of Line: Impact 2017 and beyond. Reformers had the support of Republicans and Democrats.
Ohio has followed a long list of states where the legality of gerrymandering has been questioned.
- Pennsylvania held elections last year with a new congressional card after the old card was thrown by the Pennsylvania Supreme Court.
- This spring, a group of federal Michigan judges ordered changes to statehouse and statehouse district maps.
- The US Supreme Court is expected to rule by the end of June on outstanding gerrymandering cases in Maryland and North Carolina, one with Republicans and the other. by democrats.
In 1986, the United States Supreme Court ruled that partisan manipulation violated the Equal Protection clause of the Constitution, while leaving ambiguous the test that courts could rule on such claims.
A clearer answer on the limits of partisan gerrymandering could come from pending cases.
In Ohio, the congressional card violated the constitutional rights of Ohioians, he added, according to the lawsuit:
- "Establish a partisan advantage against the likely changes in voter preferences."
- Disadvantages "Democratic voters on the basis of their political affiliation".
- Place "plaintiffs and their political class in districts so as to dilute the power of their votes".
The state said in court that any new card was to be in place by September 20, 2019, so that there is plenty of time to prepare for the 2020 elections.
This story will be updated with more details on the decision.
Rich Exner, data analysis editor for cleveland.com, writing about numbers on a variety of topics, including gerrymandering. Follow on Twitter @RichExner. Find stories about data on cleveland.com/datacentral.
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