ABSTRACT

The overall economic efficiency of a quantity-based approach to greenhouse gas mitigation depends strongly on the extent to which such a program provides opportunities for compliance flexibility, particularly with regard to the timing of emissions abatement. Here I consider a program in which annual targets are determined by choosing the optimal time path of reductions consistent with an exogenously prescribed cumulative reduction target and fixed technology set. I then show that if the availability of low-carbon technology is initially more constrained than anticipated, the optimal reduction path shifts abatement toward later compliance periods. For this reason, a rigid policy in which fixed annual targets are strictly enforced in every year yields a cumulative environmental outcome identical to the optimal policy but an economic outcome worse than the optimal policy. On the other hand, a policy that aligns actual prices (or equivalently, costs) with expected prices by simply imposing an explicit price ceiling (often referred to as a "safety valve") yields the opposite result. Comparison among these multiple scenarios implies that there are significant gains to realizing the optimal path but that further refinement of the actual regulatory instrument will be necessary to achieve that goal in a real cap-and-trade system.

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On March 4, The India Project at Brookings hosted an online panel discussion to review the first full-year budget released by Prime Minister Narendra Modi’s government on February 28, 2015. Panelists discussed the significance of the budget, key takeaways, the hits, and misses, as well as what actions they would like to see the Indian government take vis-à-vis the Indian economy over the next few months. Panelists included James Crabtree, Mumbai bureau chief for the Financial Times; Eswar Prasad, the New Century Chair in International Trade and Economics at the Brookings Institution and senior fellow in Brookings’s Global Economy and Development program; and Shamika Ravi, fellow at the Brookings India Center in Delhi, in the Development Assistance and Governance Initiative at Brookings, and in Brookings’s Global Economy and Development program. Tanvi Madan, fellow in the Foreign Policy program and director of The India Project at Brookings, moderated the discussion.

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On May 26, 2014, after the Bharatiya Janata Party won a convincing majority in India’s national elections, Narendra Modi took office as prime minister. The first Indian premier to be born after independence, he formed the first majority government in India in more than 25 years. Over the past 12 months, policymakers, corporate leaders, analysts, and the media in India and abroad have been watching closely to see whether Modi can deliver on the promises of growth, good governance, greater role and respect on the world stage, and getting things done.

On May 20, the India Project at Brookings hosted an event to assess the Modi government’s first year in office. The panel considered developments over the last year in the economic, social, energy, and foreign policy realms, as well as in domestic politics. Panelists discussed their perspectives of the government’s performance, where they see continuity vs. change, what has surprised them, what we might expect to see in the future, and key developments to look for over the next year.

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• The Modi government in India turns one: An assessment

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• The Modi government in India turns one: An assessment

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On September 23, 2015, close on the heels of the U.S.-India Strategic and Commercial Dialogue, India’s Prime Minister Narendra Modi will arrive in New York on his second trip to the United States in that role. Along with his presence at the U.N. General Assembly opening and bilateral meetings, his trip will also include a visit to California. His agenda there will include meetings with several technology companies and interactions with the Indian diaspora.

On September 25, The India Project at Brookings hosted an event to discuss Modi’s visit and assess developments in India and the U.S.-India relationship in the year, his last U.S. visit. The panel explored the state of the Indian economy and foreign policy, the political landscape, and how the Modi government is perceived at home and abroad. Panelists will also outline the next few months in terms of Indian domestic politics and policy, as well as its foreign policy.

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• Prime Minister Modi returns to the U.S.

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In recent decades, India has taken on a growing global presence, one that has been seen as increasing even more since Prime Minister Narendra Modi took office nearly two years ago. In a new book, “India at the Global High Table: The Quest for Regional Primacy and Strategic Autonomy” (Brookings Institution Press, 2016), former U.S. ambassadors Teresita Schaffer and Howard Schaffer explore how India is managing its evolving international role, assessing the country’s strategic vision and foreign policy, and the negotiating behavior that links the two.

On April 20, The India Project at Brookings hosted a panel discussion to discuss the book and, particularly, four elements highlighted in it: India’s exceptionalism; its nonalignment and drive for “strategic autonomy;” its determination to maintain regional primacy; and, more recently, its surging economy.

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On his fourth trip to the U.S. as Indian Prime Minister, Narendra Modi will spend some quality time on Capitol Hill on Wednesday, where he'll address a joint meeting of the U.S. Congress. House Speaker Paul Ryan will also host the Indian premier for a lunch, which will be followed by a reception hosted jointly by the House and Senate Foreign Relations Committees and the India Caucus. What's the significance of this Congressional engagement and what might be Modi's message? 

Given that all the most-recent Indian leaders who've held five-year terms have addressed such joint meetings of Congress, some have asked whether Ryan's invitation to Modi is a big deal. The answer is, yes, it is an honour and not one extended all that often. Since 1934, there have been only 117 such speeches. Leaders from France, Israel and the United Kingdom have addressed joint meetings the most times (8 each), followed by Mexico (7), and Ireland, Italy and South Korea (6 each). With this speech, India will join Germany on the list with leaders having addressed 5 joint meetings of Congress: Rajiv Gandhi in 1985, P.V. Narashima Rao in 1994, Atal Bihari Vajpayee in 2000 and Manmohan Singh in 2005. India's first premier, Jawaharlal Nehru, spoke to the House and Senate in separate back-to-back sessions in 1949 as well. 

Congress is a key stakeholder in the U.S.-India relationship and can play a significant supportive or spoiler role. While American presidents have a lot more lee-way on foreign policy than domestic policy, Congress is not without influence on U.S. foreign relations, and shapes the context for American engagement abroad. Moreover, the breadth and depth of the U.S.-India relationship, as well as the blurring of the line between what constitutes domestic and foreign policy these days means that India's options can be affected by American legislative decisions or the political mood on a range of issues from trade to immigration, energy to defense. 

The Indian Foreign Secretary recently said that the U.S. legislature was at "very much at the heart" of the relationship today. He noted it has been "very supportive" and "even in some more difficult days where actually the Congress has been the part of the US polity which has been very sympathetic to India." But India's had rocky experiences on the Hill as well--which only heightens the need to engage members of Congress at the highest levels. 

The speech and the other interactions offer Modi an opportunity to acknowledge the role of Congress in building bilateral relations, highlight shared interests and values, outline his vision for India and the relationship, as well as tackle some Congressional concerns and note some of India's own. He'll be speaking to multiple audiences in Congress, with members there either because of the strategic imperative for the relationship, others because of the economic potential, yet others because of the values imperative--and then there are those who'll be there because it is important to their constituents, whether business or the Indian diaspora. There is also the audience outside Congress, including in India, where the speech will play in primetime. What will Modi's message be? A glimpse at previous speeches might offer some clues, though Modi is likely also to want to emphasize change. 

The speeches that came before

The speeches of previous prime ministers have addressed some common themes. They've acknowledged shared democratic values. They've mentioned the two-way flow of inspiration and ideas with individuals like Henry David Thoreau, Mahatma Gandhi, Martin Luther King getting multiple mentions. They've noted the influence of American founding documents or fathers on the Indian constitution. They've highlighted India's achievements, while stressing that much remains to be done. 

They've noted their country's diversity, and the almost-unique task Indian leaders have had--to achieve development for hundreds of millions in a democratic context. Since Gandhi, each has mentioned the Indian diaspora, noting its contributions to the U.S. Each prime minister has also expressed gratitude for American support or the contribution the U.S. partnership has made to India's development and security. They've acknowledged differences, without dwelling on them. They've addressed contemporary Congressional concerns that existed about Indian policy--in some cases offering a defense of them, in others' explaining the reason behind the policy.

Many of the premiers called for Congress to understand that India, while a democracy like the U.S. and sharing many common interests, would not necessarily achieve its objectives the same way as the U.S. And each subtly has asked for time and space, accommodation and support to achieve their goals--and argued it's in American interests to see a strong, stable, prosperous, democratic India.

In terms of subjects, each previous speech has mentioned economic growth and development as a key government priority, highlighting what policymakers were doing to achieve them. Since Gandhi, all have mentioned nuclear weapons though with different emphases: he spoke of disarmament; Rao of de-nuclearization and concerns about proliferation; two years after India's nuclear test, Vajpayee noted India's voluntary moratorium on testing and tried to reassure Congress about Indian intentions; and speaking in the context of the U.S.-India civil nuclear talks, Singh noted the importance of civil nuclear energy and defended India's track record on nuclear non-proliferation.

Since Rao, every prime minister has mentioned the challenge that terrorism posed for both the U.S. and India, with Vajpayee and Singh implicitly noting the challenge that a neighboring country poses in this regard from India's perspective. And Rao and Singh made the case for India to get a permanent seat on the U. N. Security Council.

The style of the speeches has changed, as has the tone. Earlier speeches were littered with quotes from sources like Christopher Columbus, Swami Vivekananda, Abraham Lincoln, Lala Lajpat Rai and the Rig Veda. Perhaps that was reflective of the style of speechwriting in those eras, but perhaps it was also because there were fewer concrete issues in the bilateral relationship to address. The evolution in the areas of cooperation is evident in the speeches. 

Rao's speech about two decades ago, for instance, listed U.S.-India common interests as peacekeeping, environmental crises, and combating international terrorism and international narcotics trafficking. Compare that to Singh's address which talked of cooperation on a range of issues from counterterrorism, the economy, agriculture, energy security, healthy policy, humanitarian assistance and disaster relief (HADR), democracy promotion, and global governance.

The speech yet to come

Modi will likely strike some similar themes, acknowledging the role that the U.S. Congress has played in shaping the relationship and expressing gratitude for its support. Like Vajpayee, particularly in a U.S. election year, Modi might note the bipartisan support the relationship has enjoyed in recent years. He'll undoubtedly talk about shared democratic values in America's "temple of democracy"--a phrase he used for the Indian parliament when he first entered it after his 2014 election victory. Modi will not necessarily mention the concerns about human rights, trade and investment policies, non-proliferation or India's Iran policy that have arisen on the Hill, but he will likely address them indirectly. 

For example, by emphasizing India's pluralism and diversity and the protection its Constitution gives to minorities, or the constructive role the country could play regionally (he might give examples such as the recently inaugurated dam in Afghanistan). Given the issues on the bilateral agenda, he'll likely mention the strategic convergence, his economic policy plans, terrorism, India's non-proliferation record, defense and security cooperation, and perhaps--like Vajpayee--the Asia-Pacific (without directly mentioning China). And like Vajpayee, he might be more upfront about Indian concerns and the need to accommodate them. 

While he might strike some similar themes as his predecessors and highlight aspects of continuity, Modi will also want to emphasize that it's not business as usual. He'll likely try to outline the change that he has brought and wants to bring. In the past, he has noted the generational shift that he himself represents as the first Indian prime minister born after independence and the Modi government's latest tag line is, of course, "Transforming India." And he might emphasize that this changed India represents an opportunity for the U.S.

He won't wade directly into American election issues, but might note the importance of U.S. global engagement. He might also try to address some of the angst in the U.S. about other countries taking advantage of it and being "takers." He could do this by making the case that India is not a free rider--that through its businesses, market, talent and diaspora it is contributing to American economy and society, through its economic development it will contribute to global growth, and through Indian prosperity, security and a more proactive international role--with a different approach than another Asian country has taken--it'll contribute to regional stability and order. He might also suggest ways that the U.S. can facilitate India playing such a role.

Unlike previous leaders, he has not tended to appeal to others not to ask India to do more regionally and globally because it's just a developing country and needs to focus internally. The Modi government has been highlighting the contributions of India and Indians to global and regional peace and prosperity--through peacekeeping, the millions that fought in the World Wars, HADR operations in its neighborhood, evacuation operations in Yemen in which it rescued not just Indian citizens, but Americans as well.

His government has been more vocal in joint contexts of expressing its views on the importance of a rules-based order in the Asia-Pacific and Indian Ocean regions--and we might hear more on this in his address. Overall, a theme will likely be that India is not just a "taker," and will be a responsible, collaborative stakeholder.

It'll be interesting to see whether the Indian prime minister notes the role that his predecessors have played in getting the relationship to this point. With some exceptions--for example, he acknowledged Manmohan Singh's contribution during President Obama's visit to India last year--he has not tended to do so. But there's a case to be made for doing so--it can reassure members of Congress that the relationship transcends one person or party and is based on a strategic rationale, thus making it more sustainable. Such an acknowledgement could be in the context of noting that it's not just Delhi and Washington that have built and are building this relationship, but the two countries' states, private sectors, educational institutions and people. 

This wouldn't prevent Modi from highlighting the heightened intensity of the last two years, particularly the progress in defense and security cooperation. (From a more political perspective, given that there has been criticism in some quarters of India-U.S. relations becoming closer, it can also serve as a reminder that the Congress party-led government followed a similar path).

Modi will be competing for media attention in the U.S. thanks to the focus in the U.S. on the Democratic primaries this week, but he'll have Congressional attention. But it's worth remembering that Indian prime ministers have been feted before, but if they don't deliver on the promise of India and India-U.S. relations that they often outline, disillusionment sets in. Modi will have to convince them that India is a strategic bet worth making--one that will pay off.

This piece was originally published by Huffington Post India.

Executive Summary

In the concluding chapter of Red and Blue Nation? Consequences and Correction of America’s Polarized Politics (Brookings Press, 2007), Pietro S. Nivola and William A. Galston lay out a series of changes aimed at “depolarizing” the politics of the United States. One of their recommendations calls on the states to introduce fundamental changes to the process of redistricting congressional electoral districts. A handful of states have already established redistricting commissions, so the first steps have been taken in reforming one of the most important pillars of the electoral process.

This paper explores the possibility that the United States could build on those initial moves. Additionally, would it be possible to “import” the Canadian model of independent electoral boundary redistricting commissions? For the first 100 years of Canadian history redistricting seats in the federal House of Commons followed a pattern familiar to Americans. It was a process firmly under the control of the politicians, and the results reflected that. Wide disparities in population size were a tell-tale sign of the extent to which Canada’s parliamentary districts were gerrymandered.

Starting at the provincial level in the 1950s, partisan redistricting eventually gave way in all jurisdictions to nonpartisan commissions. How that change came about and why the Canadian commission-directed redistricting commends itself to Americans concerned about the highly politicized state of redistricting in the United States are the subjects of this study.

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With the 2010 Census a little over a year away, the nation is at a critical juncture in its planning and preparation for the next decennial enumeration.

There is much at stake. Without a full count of the U.S. population, Congress and the administration will lack the accurate data necessary for reapportionment and redistricting, to make critical decisions about community services, and to distribute $300 billion in federal funds to state and local governments every year.

On March 18, the Brookings Institution and the National Association of Latino Elected and Appointed Officials (NALEO) hosted a discussion on urgent and emerging issues affecting the coming census. Brookings Vice President and Director of Governance Studies Darrell West set the context on new political realities and how this weighs on the 2010 Census. The panelists, moderated by NPR’s Ron Elving, considered the capacity of the Census Bureau to effectively carry out the enumeration, including an examination of the funds provided in the economic stimulus plan and the Obama administration's budget for the 2010 Census.

The forum also explored the issues facing the Census Bureau as it prepares to implement its communications and outreach plan–a key element in meeting the challenge of reaching Latinos and other hard-to-count populations–with an emphasis on the impact of the nation's changing demographics and political climate. Brookings Fellow Andrew Reamer provided introductory and closing remarks.

After the program, panelists took questions from the audience. 

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• Politics, Policy and the 2010 Decennial Census

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Every 10 years, we have to count people. At least that's what Article 1, Section 2 of the Constitution says. It doesn't sound too complicated. But it is. Who gets counted, and how, determines not only congressional representation but how funding is distributed for a slew of federal programs that affect all of us. As we prepare to stand and be counted in 2010 -- and the U.S. Census Bureau is spending a lot of advertising money to make sure that everyone is -- let's note a few misconceptions about our population and the efforts to tally us up.

1. Immigration is the biggest force behind the nation's racial and ethnic diversity.

If immigration stopped today, we would still see substantial gains in our minority populations for decades to come. Recent Census Bureau projections showed that under a "no further immigration" scenario, the minority share of our population would rise from about 35 percent today to 42 percent in 2050. The preschool (under age 5 ) population would become minority white. The greater minority presence would arise from higher natural-increase rates for minorities than for the aging white population. This momentum is already in place: Since 2000, natural population increase accounted for 62 percent of the growth of Hispanics, the country's largest minority group, with immigration responsible for the rest.

Already, the District and four states (Hawaii, New Mexico, California and Texas) are minority white, and in six more, whites are less than 60 percent of the population. Minorities now make up more than 30 percent of the residents in half of the nation's congressional districts, compared with a quarter in 1992.

The census will tell us more about the dispersal of Hispanics and other groups to traditional white enclaves -- suburbs and the country's midsection. A majority of all Hispanic, black and Asian residents of major metro areas now live in the suburbs. And since 2000, according to recent estimates, the fastest Hispanic growth occurred in South Carolina, South Dakota, Tennessee and Arkansas.

Color lines within our population are blurring in a different way, too, with people who identify with more than one race. The number of mixed-race married couples more than doubled since 1990, and they make up nearly 8 percent of all marriages.

2. The country is getting uniformly older.

As a baby boomer, I am part of a demographic mob. As we age over the next 20 years, the nation as a whole will see a surge in senior citizens. But different parts of the country will be aging at different rates, largely because selective "younging" is going on. This is evident from census estimates showing that during the first nine years of this decade, 25 states -- mostly in the Northeast, Midwest and Great Plains -- and the District exhibited absolute declines in their child populations, while 25 others, led by Nevada and Arizona, showed gains.

This variation in where families and children live is poised to shape a young-old regional divide that could intensify over time. Census projections for 2020, made earlier this decade, showed median ages over 40 in Maine, West Virginia and Pennsylvania, compared with below 36 in Utah, Texas, Georgia and California.

3. Big states will keep getting bigger -- especially in Congress.

For much of the postwar period, the Sunbelt megastates of California, Florida and Texas just kept growing: They led all other states in adding congressional seats based on censuses since World War II. But the economic turbulence of this past decade will affect their political fortunes. Florida was one of the nation's growth leaders for the first half of the decade and was poised to gain as many as three congressional seats after the 2010 Census, tying or overtaking New York's congressional delegation. But the mortgage meltdown led to an unprecedented exodus from the state in the past two years. Florida's likely gain of one seat will be its smallest addition since the 1940 Census.

California is not positioned to gain any seats for the first time since statehood in 1850. Despite its status as an immigration magnet, the Golden State lost large numbers of people fleeing high housing costs during the bubble years. California might have even lost a seat had that bubble not burst.

Of the three Sunbelt behemoths, Texas will take the biggest prize, probably four congressional seats -- its largest increase since the 1880 Census. It was largely immune from the housing crisis late in the decade, while it gained Katrina-driven migrants from Louisiana.

4. The census is the main source of information about our population.

Not as much as before. Unlike previous censuses, the 2010 count will provide only bare-bones information that does little more than fulfill its constitutional mandate. The questions will include the age, sex, race, Hispanic origin and household relationship status of each individual, and the size and homeownership status of each household.

What happened to all the rich data on poverty, income, ancestry, immigration, marital status and some 30 other categories we have come to expect from the census? Those "long form" questions have been given to a sample of census respondents in every count going back to 1940 -- but they won't be handed out this year. The queries have been diverted to the Census Bureau's American Community Survey.

In 2005, the bureau began administering the ACS to 3 million households each year to elicit the same kind of information that was previously available only every 10 years. This large and sophisticated survey has already provided important and timely insights on changing poverty, immigration and migration patterns in this economic roller coaster of a decade.

5. New technology gives us much more demographic data than the census can.

Not true. Technological developments and data collected via the Internet do give us new ways of looking at the population, and complex surveys and estimates conducted by the Census Bureau and other organizations allow us to monitor change over the decade -- but there is no substitute for counting everyone. Aside from the census's constitutional mandate to provide the basis for congressional apportionment, a national headcount also allows us to know how many people live in the nation's cities, suburbs and neighborhoods and to break them down according to race, age and gender.

There are plenty of examples of a decennial census surprising the experts. The 2000 Census, for instance, discovered sharp population surges in many old, large cities. This was unanticipated for Chicago, which had experienced decades of decline. And the spread of the nation's Hispanic population into new states such as North Carolina far exceeded expectations.

Many government and private surveys, including the ACS, rely on the decennial census to make sure their work accurately reflects the population as a whole.

This census will also tell us more about small but growing groups, such as same-sex married partners and multiracial populations, whose presence and interests can change laws and public policies.

The Census Bureau's ad campaign urges Americans to answer "10 Questions in 10 Minutes" -- and those are still 10 very important questions, whose responses will guide us for the next 10 years.

Every 10 years — unfortunately, sometimes more frequently — legislative district lines are redrawn to balance population for demographic changes revealed by the census. What goes on is much more than a simple technical adjustment of boundaries, with ramifications that largely escape public notice.

Politicians often use redistricting as an opportunity to cut unfavorable constituents and potential challengers out of their districts. Barack Obama, for example, learned the rough and tumble of redistricting politics when Rep. Bobby Rush (D-Ill.) carved Obama's Chicago home out of Rush's congressional district after losing a 2000 primary challenge to Obama, then a state senator.

Incumbents can also use redistricting to move favorable constituents into their districts. Obama himself used the state legislative redistricting to extend his predominantly African American district north into a wealthy area of Illinois known as the Gold Coast. This new constituency allowed Obama to hone an effective biracial campaigning style that served him well when he ran for the U.S. Senate and the presidency.

Critically, these decisions are made with little or no public input or accountability. While Arizona and California are among the few states that give the public a chance to see and participate in how the boundaries are set, by using open redistricting commissions, most states gerrymander legislative lines behind closed doors. Figures from both major parties tilt the electoral playing field so much that one party is essentially assured of winning a given district, controlling the state legislature or winning the most seats in the state's congressional delegation. In other words, the democratic process is subverted. In this system, politicians select voters rather than voters electing politicians.

A 2006 Pew survey found that 70 percent of registered voters had no opinion about congressional redistricting. Among the few that expressed an opinion, some mistook the question to be about school districts rather than congressional districts.

For many reasons it has been hard to fault the public. An immense amount of population data must be sifted and then assembled, much like a giant jigsaw puzzle, to ensure that districts satisfy complex federal requirements relating to equal population and the Voting Rights Act, and varying state requirements that may include compactness and respect for existing political boundaries or communities. And access to these data and the software necessary to assemble and analyze them have long been out of public reach.

In the previous round of redistricting, according to a 2002 survey of authorities we conducted with our colleague Karin Mac Donald, most states did not provide any tools, facilities, dedicated assistance or software to support the public in developing redistricting plans. Many states failed to provide even minimal transparency by making data available, providing information about their plans online or accepting publicly submitted plans. Many redistricting authorities have not made firm plans to support transparency or public participation in the current round of redistricting.

In the coming year, however, technological advancements will enable anyone with a Web browser and an interest in how he or she is represented to draw district maps of his or her community and state that meet the same requirements as official submissions. Under the direction of scholars at the Brookings Institution and the American Enterprise Institute, and with consultation from an array of experts in redistricting issues, we have developed a set of principles for transparency and public participation. These principles have been endorsed by an array of stakeholders, including Common Cause and the League of Women Voters of the United States.

Americans will be able to participate directly in their democracy by offering plans to be compared with the politician-drawn maps. The public and even the courts will no longer have to accept that whatever is devised by politicians in the backroom.

The Wizard of Oz appeared powerful because he hid behind a curtain -- until it was pulled back. The time has come to pull back the curtain on redistricting. A good place to start is by passing Rep. John Tanner's Redistricting Transparency Act, which has 38 co-sponsors from both parties. If Congress will not act, state governments can follow the lead of the few states that provide for meaningful transparency and public participation. Failure to provide for transparency and public participation should be recognized for what it is: an obviously self-serving act, placing the interests of politicians above the public interest.

Now that the 2010 Census is concluded, states will begin the process of reapportionment—re-drawing voting district lines to account for population shifts. Nonresident Senior Fellow Michael McDonald says redistricting has been fraught with controversy and corruption since the nation’s early days, when the first “gerrymandered” district was drawn. Two states—Arizona and California—have instituted redistricting commissions intended to insulate the process from political shenanigans, but politicians everywhere will continue to work the system to gain electoral advantage and the best chance of re-election for themselves and their parties.

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• @ Brookings Podcast: The Politics and Process of Congressional Redistricting

Voters are supposed to choose their representatives, but the flawed redistricting process in our nation too often allows representatives to choose their voters. This rigged game is in full flower in Virginia, which has an accelerated redistricting process this year because elections for its House of Delegates and Senate take place in November. State Senate Majority Leader Richard Saslaw (D) was stunningly candid in a recent radio interview in describing the process politicians would follow to redraw the lines:

“The House does theirs. The Senate does theirs. And I’m not gonna interfere with the lines the House draws for the House. And they’re not gonna interfere with the lines I draw for the Senate. And I would simply say, well, you know, our goal is to make the Democratic districts, particularly the marginal ones, a little bit better than they are now. I’m not greedy. I’m not trying to put all the Republicans out of business by any stretch. They didn’t do that to us 10 years ago. And we’re not gonna do that to them.”

Saslaw described a classic bipartisan incumbent gerrymander; the majority Democrats in the state Senate would let the majority Republicans in the state House stack the deck for its incumbents, and vice versa. The biggest losers? The voters of Virginia, denied competitive elections in which the outcomes reflect their collective preferences.

The situation is different but just as smelly for the redrawing of lines for Virginia’s 11 congressional seats. As Politico described last week, the 11 incumbents — three Democrats and eight Republicans — cut a deal to protect each other, solidifying the GOP’s 8-to-3 edge by making several competitive seats strongly Republican while allowing Democrats to make a sinecure out of the seat of Rep. Gerry Connolly, who barely won in 2010.

Around the country, comparable deals will be cut by pols intent on protecting each other or maximizing the number of seats a party controls (in a way that distorts the actual partisan balance in the state). Thanks to the Supreme Court, the only restraint, other than adhering to the requirements of the Voting Rights Act, is to make sure that all the districts are virtually equal in population. With the aid of sophisticated software, the one-person, one-vote rule allows ample scope for the self-interested manipulation of district boundaries.

Politicians could get away with this in the past because few others had access to the tools to create districts using official census data and past election returns.

No more.

Michael McDonald of George Mason University and Micah Altman of the Institute for Quantitative Social Science at Harvard, working in conjunction with our two think tanks, have created the Public Mapping Project, an open-source software package that enables anybody to create districts for any state that balance such desirable qualities as compactness and the protection of communities of interest with competitiveness and partisan fairness, all while satisfying one-person, one-vote and the Voting Rights Act.

The first important use of the software is coming in Virginia. To his credit, Gov. Bob McDonnell (R) has created an independent redistricting commission that can recommend more objective and public-interest-oriented plans than the ones produced by the pols. Unfortunately, McDonnell’s commission has no teeth beyond its public profile and ability to showcase plans that can point up, by their quality, the folly of rigged plans. The commission has agreed to give serious weight to the best plans produced by a competition created by George Mason and Christopher Newport universities. Teams of students from 13 colleges and universities in Virginia produced 57 plans for Congress, the House of Delegates and the state Senate. Unlike the plans politicians are crafting behind closed doors, all of the student plans are online (at districtbuilder.varedistrictingcompetition.org).

The two of us judged the plans (awards will be presented in Richmond on Tuesday) and were deeply impressed with what these students — most of them undergraduates but including a team from William and Mary Law School — accomplished. They weighed how to draw district maps that respected federal and state requirements without bending to the interests of incumbent officeholders or political parties. They created two sets of maps: one, through a politically blind process that prioritized contiguous and compact districts respecting Virginia’s communities of interest, including cities and counties, and sensitive to the representation of minorities; the other, by adding to these standards an explicit effort to create as many competitive districts as possible and to fairly reflect public support for the two parties. This was not easy, given the substantial changes in Virginia’s population since the last census, the need to create districts that are virtually equal in population and the trade-offs required when redistricting criteria conflict.

The best student plans show that it is possible to create more legitimate and responsive districts — and that with the right tools, citizens anywhere can create better plans to choose their representatives than the representatives do to protect their own careers. While politicians may fight to keep the process closed, the tools are available to enable us to do better. Virginia’s college students have demonstrated that. The challenge is to replicate their efforts across the country and to harness informed and empowered public participation to improve the quality of our democracy.

Thomas Mann joins Sean O’Brien and Nate Persily on the Diane Rehm Show to examine what the U.S. Constitution says about drawing congressional and legislative districts and how court decisions have further shaped those guidelines.

DIANE REHM: Thanks for joining, us I'm Diane Rehm. The framers of the U.S. Constitution did not use the word district when they outlined how Congressional representatives would be chosen. Article 1, Section 2 of the document states only how to choose the number of lawmakers. Today, the redistricting process has become at times contentious and blatantly partisan. As part of our "Constitution Today" series, we look at what the document says about the process of redistricting and how court cases have furthered shaped those guidelines.

Joining me here in the studio are Sean O'Brien of the Center for the Constitution at James Madison's Montpelier, Thomas Mann of the Brookings Institution and joining us from Columbia Law School where he is The Beekman Professor of Law and Political Science, is Nate Persily. Throughout the hour, we'll welcome your calls, questions, 800-433-8850. Send us your e-mail to drshow@wamu.org. Good morning, gentlemen. Thank you for joining me.

SEAN O'BRIEN: Good morning.

THOMAS MANN: Good morning.

NATE PERSILY: Good morning.

REHM: Sean O'Brien, let me start with you. What does the constitution actually say about legislative districts and I'm glad that you have a copy of the constitution right in front of you, good. Nate Persily has his as well.

O'BRIEN: As you indicated in the opening it's very, very vague, as are many things in the constitution, and we have to figure out how to implement what this constitution says. Really what they did initially was set up the initial representation and came up with the number of representatives that each state would have before they knew how many people lived there and set up a minimum number of representatives that each state could have and the maximum size, which they could be.

And so they basically -- it just says here the actual enumeration shall be made within three years after the first meeting of the Congress of the United States and within every subsequent term of 10 years, in a manner as they shall by law direct. The number of representatives shall not exceed one for every 30,000, but each state shall have at least one representative. And until such enumeration shall be made and then they lay out which states get how many members of Congress in the first Congress.

And that gets into an interesting story that Tom and I were talking about out in the lobby, but again, it's pretty open and that's why we have a lot of opportunities to continue to talk about this issue right now.

REHM: All right. And turning to you, Nate Persily, when did the word district first come into play?

PERSILY: Well, for hundreds of years now, we've had districts, but as Sean said, there's no constitutional requirement that we have it. We have since the Supreme Court decisions in the 1960s abided by a rule of population equality for congressional and other districts and are drawn but Congress then has passed statutes, various apportionment statutes over time that have required single member districts and the one that currently exists today is about 90 years old.

REHM: Ninety years old? Tom Mann.

MANN: It's important to remember the other provision of the constitution that is relevant here is Article 1, Section 4, the times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof. So it was the states that were given the authority to decide how those representatives would be elected. They could have set up a proportional representation system, everyone running at large statewide in which case redistricting would never have arisen as a problem.

Listen to the interview or read the full transcript at thedianerehmshow.org »

Following each decennial Census, states re-draw the boundaries of their voting districts, often to the benefit of one party over another. Some states which have lost population lose seats in the House of Representatives and some growing states gain. This highly-charged political process is taking place against a backdrop of fierce partisanship at the national and local levels at a time when sophisticated redistricting technology is widely available and when the decisions made by state governments will reverberate in the coming elections.

On April 20, Thomas Mann answered your questions on the status of the redistricting process, and efforts for reform around the nation, in a live web chat moderated by David Mark, senior editor at POLITICO.

The transcript of this chat follows:

12:31 David Mark: Welcome to the chat. I'll open the discussion by asking about Texas, which will get four new House seats through reapportionment. Will Republicans realistically be able to add four new seats or will gains be limited by Voting Rights Act regulations?

12:33 Tom Mann: This is a case in which complete partisan control of the redistricting process is no guarantee that the majority party will reap the benefits of additional seats in the state delegation. Over a majority of the population gains in Texas have come from Hispanics and many of them are concentrated in urban areas. They will almost certainly garner at least two of the four new seats and the odds are that Democrats will win those seats.

12:36 David Mark: California for the first time will draw districts based on recommendations by a non-partisan citizens panel. Will this put incumbents in danger and how else might it affect the redistricting process?

12:40 Tom Mann: California has specialized in eliminating competitive House districts through the redistricting process. No other state comes close to them. The new commission is almost certain to put some incumbents in both parties in more competitive districts. However, it is not clear that one party will gain. The current lineup of seats by party pretty much reflects their statewide strength.

12:40 [Comment From Dan: ] Who’s got the edge in the redistricting process across the country – Democrats or Republicans, and why?

12:45 Tom Mann: Republicans have a clear advantage because of their success in the 2010 midterm elections, in which they took control of many governorships and state legislatures. They control the process in 17 states with roughly 200 seats while the Democrats are in charge in only 7 states with 49 seats. But there are other factors limiting Republican gains, including the fact that they now have many seats in districts won by Obama in 2008 (60). Republicans will likely put a higher priority on shoring up some of their vulnerable incumbents than in drawing new Republican districts.

12:45 [Comment From Sally: ] Is it all 50 states that will see new congressional district boundaries? I have heard only about Texas and Ohio. Is that where the big fights are?

12:46 [Comment From Stephanie: ] We’ve limited the House to 435 members for many years now, but there was a time when the size of the House changed with the Census. What’s the history on that? Why did they decide to cap it, and should it stay capped?

12:47 Tom Mann: States with only a single House district have no congressional boundaries to redraw. All of the others have to redistrict to account for seat gains/losses and/or population shifts within states. Major battles are shaping up in Florida, Pennsylvania, Michigan, Illinois, Georgia and North Carolina as well.

12:48 [Comment From John: ] It looks like the south and the west will gain seats, while the industrial northeast and the farm heartland will lose. Who makes the ultimate decision on which states will win or lose a seat? Is that process complete?

12:50 Tom Mann: That Apportionment process is complete. It is determined by a congressionally-approved formula applied to new census data. Ten states, mostly in the industrial north/midwest, will lose 12 seats. Eight states, including 4 in Texas and 2 in Florida, will gain a total of 12 seats.

12:50 [Comment From Rebecca: ] You’ve written about how political this process is, and some call redistricting the “incumbent protection” process. Is that good or bad?

12:56 Tom Mann: Redistricting in most states in done through the normal legislative process. (A few states use a bipartisan or independent redistricting commission.) Political self-interest -- protecting the interests of incumbents and/or the dominant party -- drives the process and is constrained only by requirements for equal population, protection of minority interests, and some other criteria specified by individual states. I believe this self-interest should not automatically prevail over broader public interest in competitive elections, accountable elected officials, and communties of interest.

12:56 [Comment From Don: ] How can we best reform the redistricting process and remove the partisanship that seems to dominate it?

1:02 Tom Mann: There are a variety of approaches. One is to alter the basic electoral system by moving from single-members districts to some form of proportional representation. Another is to lodge redistricting authority with independent, nonpartisan or bipartisan commissions. Arizona and now California are two examples of this. Yet another is to build into state (or federal) law requirements for competitive elections and partisan fairness. Finally, a new effort underway this cycle is to rely on transparency and public participation to create alternative maps and use them to bring pressure to bear on those with formal redistricting authority. I've been involved in a collaborative effort to develop open-source mapping software to do just that. It is being picked up by individuals and groups around the country. You can get information at publicmapping.org.

1:02 [Comment From Joe: ] How can ordinary citizens get involved? The whole redistricting system seems rigged to me.

1:02 Tom Mann: My last answer is directly responsive to your question.
Wednesday April 20, 2011 1:02 Tom Mann

1:03 [Comment From Tom: ] I saw Rep. Dennis Kuchinich on the Daily Show with Jon Stewart, and he said his district was going to disappear entirely. Does that really happen?

1:05 Tom Mann: Ohio will lose two seats. That means two current incumbents will be out of a job in Ohio, 12 nationally, just because of reapportionment. Kuchinich may well survive this process but it will be driven by Republicans, since they control the process.

1:05 David Mark: Thanks for joining us today.

The special election in California and the beginning of the recall process in Wisconsin are only the start of what promises to a be a hyper-partisan election. On July 13, Thomas Mann answered your questions on the new forces at work in the political landscape, in a live web chat moderated by POLITICO Senior Editor David Mark.

The transcript of this chat follows.

David Mark: Welcome to the chat, let's get started.

12:30 Comment From Brooke: Were you surprised by the results of California's special election?

12:32 Tom Mann: No, Hahn's 10 point victory was expected. This was less than the natural Democratic strength of the district and reflected the generously self-funded opposition campaign.

12:32 Comment From Travis: What's the significance of that CA seat remaining Democrat?

12:34 Tom Mann: Not much in the way of national significance. If anything, it's a step back for the Democrats, who in the last, NY special in a Republican district, pulled off a genuine upset, running substantially ahead of Obama and the party registration. But the Democrats avoided an upset in California, which would have been discouraging and distracting to them.

12:34 Comment From Yan: Can you explain what's going on in Wisconsin?

12:39 Tom Mann: No!! It's been a crazy year in my home state. Yesterday's six elections were not for real. They had fake Democratic candidates challenging the slated Democrats solely to delay the actual recall elections by a month. All of the "real" Democrats won and three or four of them have a good chance to defeat the incumbent Republican state senators on August. Next week on July 19 three Democratic incumbents will be on the ballot -- two facing fake candidates but one facing a Republican challenger. The latter is important, as are the August 16 elections featuring the other two Democratic incumbents. Bottom line-- Democrats need a net gain of three seats to take control of the State Senate and slow Governor Walker's agenda. Turnout was relatively high yesterday and control of the State Senate is genuinely up for grabs.

12:39 David Mark: Realizing that the lines aren't final, what's your sense about how effective the independent California redistricting commission has been in drawing districts that are potentially more competitive?

12:42 Tom Mann: It appears they have been successful in increasing the number of competitive districts. At the same time, they have boosted Democratic prospects for a seat gain and disappointed Hispanics who feel that their population growth in the state has not been reflected in the Commission's maps. I suspect some significant revision in the plans that are finally released by the Commission and if necessary, an appeal to the courts.

12:42 Comment From Henry: What do you expect from the next election cycle?

12:47 Tom Mann: I believe the presidency and control of both House and Senate are up for grabs. It will be a very high stakes election with huge warchests. (Obama and the DNC together raised $86 million in the second quarter, which dwarfs what the Republican candidates combined have raised.) But both parties will be well-funded in the presidential and congressional races. At this point, I'd say Obama probably has the best prospect of winning; same is true of Republicans taking the Senate and holding the House. But it is early; the economic climate remains volatile; and events could overwhelm the present situation.

12:47 Comment From Danny (MD): What kind of a role do you see Super PACs playing in the next round of elections?

12:50 Tom Mann: The SuperPacs and their affiliated 501c organizations will be major players in the 2012 elections. Disclosure of donors will continue to diminish and large corporate and individual contributions will support extensive independent spending campaigns. Democrats have decided to follow the Republicans rather than fight them on campaign finance reform.

12:50 Comment From Danny (MD):What do you think about Stephen Colbert's Super PAC?

12:52 Tom Mann: Colbert is being Colbert. With his trusted legal advisor Trevor Potter, he is creating the PAC and testing the rules to educate the public about the inadequacy of campaign finance law and regulation. Political satire may be one of the more effective means of pushing political reform.

12:52 Comment From Bill in Va.: Beyond the immediate results of elections in California and Wisconsin, there are new laws in a lot of swing states that will seem to make it harder for certain people to cast their vote. Will these laws stand, or be challenged, and can they have an impact in the 2012 outcome?

12:56 Tom Mann: Election law in the States has sadly become yet another tool of partisan war. New voter ID laws have been passed in states controlled by Republicans but not in the others. I expect Democrats will gear up at the grassroots level to try to contest any efforts to deny access to the ballot of any of their legitimate voters. It all makes one yearn for the Australian compulsory voting system. Giving parties the incentive to depress turnout is downright depressing.

12:57 Comment From Ron: Just to step back from the specifics for a moment, how do you explain the very nasty tone of our politics these days...and what will it take to return some civility to the process?

1:00 Tom Mann: I'm not looking for civility any time soon. The ideological polarization of the parties and the partisan team play that now characterizes our politics and governance is deeply rooted in American society and reinforced by the new media. The populist Tea Party, with its certainty and righteous indignation, has been embraced by the Republicans in Washington and makes it almost impossible for politicians on opposite sides of the aisle to treat one another respectfully and work toward compromise.

1:00 David Mark: Thanks for the chat, everybody.

Executive Summary

During the first decade of the 21^st century the six states of the Mountain West — Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah — experienced unprecedented political and demographic changes. Population growth in all six states exceeded the national average and the region is home to the four states that underwent the largest population gains between 2000 and 2010. As a consequence, the region is now home to some of the most demographically diverse and geographically concentrated states in the country— factors that helped to transform the Mountain West from a Republican stronghold into America’s new swing region. This paper examines the impact that increased diversity and density are exerting on reapportionment and redistricting in each Mountain West state and assesses the implications that redistricting outcomes will exert both nationally and within each state in the coming decade.  Nationally, the region’s clout will increase due to the addition of three seats in the House of Representatives (one each in Arizona, Nevada, and Utah) and electoral contexts in Arizona, Colorado, Nevada, and New Mexico that will result in competitive presidential and senate elections throughout the decade. At the state level, the combination of term limits, demographic change, and the reapportionment of state legislative seats from rural to urban areas will alter the composition of these states’ legislatures and should facilitate the realignment of policy outcomes that traditionally benefitted rural interests at the expense of urban needs.

Introduction

As reapportionment and redistricting plans across the 50 states are finalized and candidate recruitment begins in earnest, the contours of the 2012 election are coming into focus. One region of the country where reapportionment (redistributing seats to account for population shifts) and redistricting (drawing boundaries for state legislative and congressional districts) are likely to have significant consequences in 2012 and beyond is in the six states of the Mountain West: Arizona, Colorado, Idaho, Nevada, New Mexico, and Utah. Driven by explosive growth during the past decade, the Mountain West is now home to some of the most demographically diverse and geographically concentrated states in the country. As a consequence, the region has increasingly become more hospitable to Democrats, particularly Colorado, Nevada, and New Mexico and to a lesser extent Arizona. In this paper, I examine how these changes are affecting reapportionment and redistricting across the region. Specifically, after summarizing some of the key regional demographic and political changes, I offer a brief overview of the institutional contexts in which the maps are being drawn. This is followed by an assessment of outcomes in each state. I conclude with a discussion of the national and state level implications that reapportionment and redistricting are likely to engender across the Mountain West.

A Region in Transition

Between 2000 and 2010 population growth in all six Mountain West states outpaced the national average of 9.7 percent and the region contains the four states that experienced the largest percent population increase in the country (Nevada = 35.1 percent; Arizona = 24.6 percent; Utah = 23.8 percent, and Idaho = 21.1 percent).[i] As a consequence, Nevada and Utah each gained their fourth seats in the House of Representative and Arizona was awarded its ninth. Beginning with the 2012 election, the Mountain West will have 29 U.S. House seats (Idaho has two House seats, New Mexico has three, and Colorado has seven) and 41 Electoral College votes.

Across the Mountain West, population growth was concentrated in the region’s largest metropolitan statistical area (MSA).[ii] Most notably, the Las Vegas metro area is now home to nearly three out of four Nevadans — the mostly highly concentrated space in the region. In Arizona, roughly two-thirds of the population now resides in the Phoenix MSA, which grew by nearly 30 percent. The Albuquerque MSA experienced the largest overall increase as a share of total population (nearly 25 percent) and now contains 44 percent of New Mexico’s population. And while Idaho remains the state in the region with the least dense population, growth in the Boise MSA significantly outpaced that state’s overall population gain and nearly 40 percent of all Idahoans reside in and around Boise. On the other end of the spectrum are the Salt Lake City and Denver MSAs, which as shares of the Colorado and Utah populations decreased slightly from 2000. Still, better than half (50.57 percent) of all Coloradoans live in Denver and its suburbs and around 41 percent of Utah’s population is concentrated in the Salt Lake City MSA.

In addition to further urbanizing the region, the prior decade’s growth continued to transform the region’s demographics as all six Mountain West states are now more ethnically diverse as compared to a decade ago.[iii] The largest changes occurred in Nevada where the minority population increased by over 11 percent and now better than 45 percent of Nevadans are classified as non-white. While the bulk of this growth was among Hispanics, whose share of the population increased by 7 percent and are now 26.5 percent of all Nevadans, the Silver State also recorded large increases among Asian and Pacific Islanders. Arizona experienced similar increases as that state’s minority population mushroomed from 36.2 percent to 42.2 percent with Hispanics now constituting 30 percent of the population. In Colorado, the minority population increased by 3.5 percent to 30 percent. Nearly all of this change was caused by an increase in Hispanics, who now constitute 20.7 percent of the state’s population. New Mexico continues to be the Mountain West’s most diverse state as nearly three out of five New Mexicans are minorities and the state contains the region’s largest Hispanic population (46 percent). And while Idaho and Utah remain overwhelmingly white, both states’ non-white populations grew at levels similar to Colorado. Idaho is now 16 percent non-white (including a Hispanic population of 11.2 percent) and nearly one in five Utahans is a minority. Between 2000 and 2010, Hispanics increased by 4 percent to constitute 13 percent of Utah’s population.

Politically, these changes helped to create competitive electoral contexts across the region. Indeed, with the obvious exceptions of Idaho and Utah, the Mountain West is now more hospitable to the Democratic Party than it was in 2000. In particular, Democrats were able to make significant gains in Colorado, Nevada, and New Mexico and effectively flipped those states from Republican leaning in 2000 to Democratic leaning in 2010. In Arizona, the Democratic performance was highly variable and moved in near perfect tandem with the broader national political environment. At the same time, the downturn in Democratic support in 2010 indicates that the party has not yet consolidated its gains. Riding a favorable 2010 macro-environment, Mountain West Republicans gained one governorship (New Mexico), seats in ten of the region’s 12 state legislative chambers, and seven House seats (out of a total of 26 in the region).[iv] Thus, heading into the 2011 redistricting cycle, Republicans control the executive and legislative branches in Arizona, Idaho, and Utah and there are no Mpuntain West states where the Democrats have unified control as the partisan composition of the Colorado legislature is divided and Nevada and New Mexico have Republican governors and Democratic legislatures.

The Institutional Context

Because of variation in the institutional arrangements governing how each state approaches reapportionment and redistricting, the impact that the demographic and political changes outlined above are exerting on map drawing differs across the region. To be sure, there are a number of commonalities across the states such as requirements of equally populated U.S. House districts, minimum population variation for state legislative districts, and boundary lines that are compact, contiguous, and maintain communities of interests. 

Beyond these constraints, mapmakers across the region are afforded different degrees of latitude in how they go about doing their work. For instance, in Nevada and New Mexico, the residency of incumbents can be considered, while Idaho forbids it. Idaho allows for twice as much inter-district population variation for state legislative districts as Colorado and New Mexico, and Idaho only allows state legislative districts to cross county lines if the counties are linked by a highway. Arizona and Idaho mandate that two lower chamber districts be nested within the boundaries of a state senate seat, while Colorado, Nevada, New Mexico, and Utah do not. Nevada also allows for multi-member member state legislative districts. Lastly, Arizona’s redistricting plans must be pre-cleared by the U.S. Department of Justice. While Arizona is the only state in the region subject to preclearance, protection of minority voting rights also has been a point of contention in prior redistricting cycles in New Mexico.

The Mountain West states also vary in terms of who oversees the redistricting process. State legislators control the process in Nevada, New Mexico, and Utah, while Arizona and Idaho use commissions. In Colorado, the General Assembly draws the map for the state’s seven U.S. House seats, while a commission oversees the drawing of state legislative maps. For the three states that use commissions for either all or part of their processes, commission size and composition differs significantly and only the Arizona Independent Redistricting Commission (AIRC) is charged with drawing maps that are competitive.[v] 

However, the most significant constraint on reapportionment and redistricting in the Mountain West is the small size of the region’s state legislatures.[vi] The mix of small chambers, increased urbanization, and large geographic spaces means very large and increasingly, fewer and fewer stand- alone rural districts. This dynamic also helps to explain the region’s history of malapportionment that often allocated seats by county regardless of population.[vii] 

State Summaries

Based upon the overview presented above, expectations about the general contours of reapportionment and redistricting in the Mountain West are fairly straightforward: the clout of urban and minority interests will increase and to the degree that those factors benefit the Democrats, the Democrats should gain some partisan advantage. Realizing these outcomes, however, has proven to be less than amicable. With the exception of Utah, all other states in the region have had various aspects of their processes litigated, and map drawing for Colorado’s U.S. House seats and all of Nevada and New Mexico’s redistricting is being completed in state courts. Below, I summarize the status of reapportionment and redistricting in each state.

Arizona

Beginning its work amid criticism of its composition, calls for its abolishment, and an investigation by the Arizona attorney general, the voter-initiated Arizona Independent Redistricting Commission (AIRC) has struggled to balance the conflicting demands of drawing competitive districts with the protection of minority voting rights. The commission’s work has been further hindered by Republican Governor Jan Brewer’s unsuccessful attempt to impeach the commission’s nonpartisan chair. In addition, Arizona has filed a lawsuit in federal court challenging the state’s preclearance requirement.

Republican attempts to undermine the AIRC stem from the fact that given unified Republican control of the Arizona governorship and legislature, Republicans would otherwise be in a position to implement a partisan gerrymander. At the same time, the GOP’s present dominance is partially an artifact of the 2001 redistricting. To gain preclearance in 2001, the AIRC’s maps created a large number of majority-minority state legislative districts and minority-friendly U.S House seats by packing Democratic voters into these districts. In so doing, Democratic support in the surrounding districts was weakened; allowing Republicans to more efficiently translate their votes into seats.[viii] Thus, despite a slight partisan voter registration advantage (4.35 percent as of July 2011), Republicans presently hold more than two-thirds of the state legislative seats and five of eight U.S. House seats.

Given Arizona’s growth patterns between 2000 and 2010 coupled with the AIRC’s charge of creating competitive district, drawing a map as favorable to the GOP in 2011 is virtually impossible unless the size of the Arizona legislature is increased. Still, in order to protect minority voting rights, Arizona’s final maps are likely to tilt in favor of the GOP — just not to the degree that they have in the past. In particular, the elimination and consolidation of rural state legislative districts and a more urban orientation for Arizona’s nine U.S. House districts should provide the Democrats with electoral opportunities that will only increase as Arizona’s population continues to diversity and urbanize.

Colorado

As noted above, Colorado uses a commission (the Colorado Redistricting Commission) for redistricting state legislative seats and the Colorado General Assembly draws the maps for the state’s seven U.S. House seats. Neither process has gone smoothly. For the state’s seven U.S. House seats, the Democratic-dominated state senate and the Republican-controlled lower chamber failed to find common ground after exchanging two rounds of maps. Because Democratic governor John Hickenlooper refused to call a special session, redistricting of Colorado U.S. House seats was completed in state court. After a good deal of legal wrangling, the Colorado Supreme Court upheld a map favored by Colorado Democrats that creates two safe Republican districts, one safe Democratic district, and four districts where neither party’s registration advantage exceeds 4 percent. As a consequence, Colorado will feature a number of competitive U.S. House elections throughout the coming decade.

Map drawing for state legislative seats by the CRC has also been hindered by partisanship. Hoping to break a partisan stalemate, in late summer the nonpartisan chair of the CRC offered maps that combined parts of prior Democratic and Republican proposals to create thirty-three competitive seats (out of a total of 100) and twenty-four seats with Hispanic populations of 30 percent or more. After being approved by the CRC with some Republican dissents, the plan was rejected by the Colorado Supreme Court, which must sign-off on the CRC’s plans before they can be implemented. By attempting to draw more competitive maps — a criterion that the CRC is not obligated to consider – the CRC’s maps undermined its charge of producing districts that keep communities of interest intact. The CRC’s second set maps, which were widely viewed as favoring the Democrats, were upheld by the Colorado Supreme Court.

Idaho

While partisan considerations have loomed large in the reapportionment and redistricting processes in Arizona and Colorado, in Republican-dominated Idaho the main points of contention have been spatial. Indeed, because of the difficulty of satisfying a constitutional requirement limiting county splits and a state law constraining how geographic areas can be combined, the Idaho’s Citizen Commission for Reapportionment (ICCR) failed to reach an agreement before its constitutionally imposed deadline. After sorting through a number of legal and constitutional questions, a second set of commissioners were impaneled and completed their work in less than three weeks. Given Idaho’s partisan composition, the final maps are a regional anomaly as they benefit the GOP while being somewhat more urban oriented. This was accomplished by moving rural Republican voters into urban Democratic state legislative districts and adjusting the lines of Idaho’s 1st House district to shed roughly 50,000 citizens. At the same time, because of Idaho’s strict constraints on how cities and counties can be divided, the map for the state legislature paired a number of incumbents in the same district and one district contains the residences of five incumbents, setting up a number of competitive primary elections.

While growth patterns and demographic and partisan change in Nevada between 2000 and 2010 insured a redistricting process that would favor Democrats, Nevada Republicans sought to delay this inevitability as long as possible. The state’s Republican governor, Brian Sandoval, vetoed two sets of maps passed by the Democratic controlled legislature and Sandoval refused to call a special session to complete redistricting. Instead, he and his party hoped for a better outcome in state court. Despite drawing a supervising judge who was the son of a former Republican Governor, Nevada Republicans fared no better in state court. Ultimately, the process was turned over to three special masters who rejected Nevada Republicans’ claim that section 2 of the Voting Rights Act required a majority Hispanic U.S. House district.[ix] As a consequence, two of Nevada’s U.S. House seats favor Democrats, one is safely Republican, and the fourth is a swing district. In the Nevada legislature the representation of urban interests will increase as parts of or all of forty-seven of the sixty-three seats in the Nevada legislature are now located in the Democratic stronghold of Clark County. 

New Mexico

The 2011 process in New Mexico has essentially been a rerun of the gridlock that engulfed the state’s 2001 redistricting debate. Once again, the Democrats sought to use their control over both chambers of the New Mexico legislature to preserve their majorities and draw the boundaries for the state’s three U.S. House seats in manner favorable to the party. However, because of bickering among Democrats the legislature failed to approve its map for the state’s three U.S. House seats prior to the end of the special session and the plans for the state legislature that were passed on party line votes were vetoed by Republican governor Susana Martinez. Thus, once again, New Mexico’s divided state government coupled with the state’s history of litigating redistricting plans (in 2001 map drawing and court battles cost the state roughly $3.5 million) means that redistricting will be completed in state court. While the Republicans may be able to gain some concessions through the courts, New Mexico is the most Democratic state in the Mountain West and, as noted above, the state’s growth during the prior decade was concentrated in heavily Democratic Albuquerque and its suburbs. Thus, as in 2001, the likely outcome in New Mexico is a redistricting plan that will be favorable to the Democrats and weaken the influence of rural interests.

Utah

Utah is the only state in the region where conditions exist (e.g., unified partisan control in a non-commission state) for the implementation of a partisan gerrymander. However, to accomplish this end required the slicing and dicing of communities and municipalities particularly those in and around the state’s urban center. Most notably, in drawing the state’s four U.S. House seats, Republicans divided the Utah’s population center (Salt Lake City County) into four districts by combining parts of the urban core with rural counties - a plan that, not coincidentally, cracks the only part of the state where Democrats are able to compete. Similarly, maps for state legislative districts increase the number of seats that favor the GOP and, in many instances, protect incumbents from potential primary challengers by dividing communities into multiple districts. Democrats in Utah are so depleted that they were unable to get the Republicans to even agree to include recognition and protection of minority communities of interest to in Utah’s redistricting guidelines. Thus, despite constituting nearly 20 percent of the state’s population, minorities received no consideration in Utah’s 2011 redistricting.

Implications and Conclusions

Reapportionment and redistricting are often regarded as the most political activities in the United States; an expectation that is certainly being realized across the Mountain West. In the swing states where legislators draw the maps (for example, Colorado, Nevada, and New Mexico) but where state government is divided, partisan considerations loomed large, causing all of these states to conclude all or parts of their redistricting processes in the courts. The conflicts between Arizona’s preclearance requirement and the AIRC’s commitment to drawing competitive districts have partisan consequences as well. In one-party Idaho and Utah, the politics of space were at issue.  Geographic constraints on district boundaries imposed through statute and the Idaho constitution ensured that more rural seats were preserved and that the growing influence of urban interests will be checked. In Utah, Republicans moved in the opposite direction by carving up the very communities from which they are elected in order to implement a partisan gerrymander. 

Another school of thought, however, argues that the most typical redistricting outcome is not partisan gain or loss, but an uncertainty that shakes up the state political environment and facilitates political renewal. In the case of the Mountain West, there is evidence to support that claim as well. The biggest source of uncertainty will continue to be growth. While the economic downturn has slowed migration to the region, the Mountain West states remain poised to keep expanding in a manner that will further concentrate and diversify their populations. A second source of uncertainty is the region’s large number of nonpartisans. While redistricting is often framed as a zero-sum game played between Democrats and Republicans, the electoral hopes for either party hinges on its ability to attract the support of the region’s expanding nonpartisan demographic.[x] 

At the state level, with the exception of Idaho, the most significant consequence will be a reduction in rural influence. The combination of term limits in Arizona, Nevada, and Colorado, small legislative chambers, and fast growing urban populations will continue to decrease the number of entrenched rural legislators and the number of stand-alone rural districts. Consequently, urban interests should be positioned to align state policy with demographic reality. The void created by the demise of rural legislators will be filled by minorities, particularly Hispanics. To date, the increased political activism of Hispanic communities across the region has primarily benefited Democrats; helped in no small part by the hard-line rhetoric and policies championed by some Mountain West Republicans.[xi] More generally, depending on growth patterns, by 2020 Nevada and perhaps Arizona may join New Mexico as states with majority-minority populations. Thus, with or without Section 2 of the Voting Rights Act, minority legislators, primarily Hispanics, will increase their ranks significantly. The only question is whether all of these politicians will be taking office with a “D” next to their names or whether some will be elected as Republicans.  

Nationally, the impact of reapportionment and redistricting is mixed. Certainly, the addition of three U.S. House seats after the 2010 census will give more voice to regional issues in Washington D.C. At the same time, because the Mountain West’s House delegation will continue to be split along partisan lines and many of the region’s competitive House seats will rotate between the parties throughout the decade, it may be difficult for any but the safest Mountain West representatives to accrue the requisite seniority to become players in the House. Also, because of pending retirements in Arizona and New Mexico, a successful 2010 primary challenge in Utah, and a resignation in Nevada, the region’s influence in the U.S. Senate is likely to decline in the near term. Indeed, after the 2012 election the only senators from the region who will have served more than one term will be Nevada’s Harry Reid, Arizona’s John McCain, Idaho’s Mike Crapo, and Utah’s Orrin Hatch (presuming a successful 2012 reelection).

Thus, the arena where the region is likely to garner the most attention is in the coming decade’s three presidential elections. Colorado, Nevada, and New Mexico were all battleground states in 2004 and 2008, with Republican George W. Bush narrowly winning all three in 2004 and Democrat Barack Obama flipping them blue in 2008 by wider margins. Obviously, Idaho and Utah will remain out of reach for the Democrats in statewide contests for some time.  However, Arizona is likely to become the region’s fourth swing state in the near future. Thus, continued investment in Arizona and throughout the region will allow the Democrats to further expand the number of Mountain West states in play while forcing the GOP to spend resources to defend turf that it once could safely call its own.

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One year from the 2014 midterm congressional elections, the Center for Effective Public Management will host a panel previewing those races. Joining CEPM scholars Elaine Kamarck and John Hudak are Charlie Cook (Cook Political Report), Susan Page (USA Today), and Robert Boatright (Clark University).

Join us at 10AM for a live webcast of the event. We will discuss the congressional elections, gubernatorial races, and what the implications are for policymaking in the coming years.

We welcome questions via Twitter using the hashtag #2014Midterms.

INTRODUCTION

Elections that follow dramatic downfalls of authoritarian regimes present policymakers with difficult choices. They are an opportunity to establish a sound basis for democratization, putting in place institutions and strengthening actors that help guarantee free and fair elections. Yet such elections are part of a high-stakes conflict over the future that takes place in a context of enormous uncertainty, as new actors emerge, old elites remake themselves, and the public engages in politics in new and unpredictable ways.

Assisting elections in the Arab world today is made more challenging by two factors that have thus far distinguished the region from others. First, transitions are made more difficult by extraordinarily strong demands to uproot the old regime. Fears that former regime elements will undermine ongoing revolutions along with demands for justice after decades of wrongdoing invariably create pressures to exclude former elites. In other regions, reformers within autocratic regimes, like Boris Yeltsin and South Africa’s F.W. DeKlerk, split from hardliners to spearhead reforms, muting demands for excluding old regime allies writ large. In the Middle East, however, old regime elites have been unable to credibly commit to reforms, partly given decades-long histories of empty promises and oppositions that remain largely determined to accept nothing less than Ben Ali-like departures. Room for compromise is difficult to find.

Second, for an international community hoping to support Arab transitions, widespread distrust of outside forces compounds these problems. Such distrust is inevitable in all post-colonial states; however, skepticism is particularly high in the Arab world, especially toward the United States. Cynicism about American intentions has been fed by U.S. support for Israel, its continued backing of Arab autocrats for nearly two decades after the Cold War, and, more recently, its unwillingness to take stronger stands against Mubarak, Asad, and others early on in the uprisings. Even if transitioning elites believe international expertise can help smooth the election process and enhance faith in the outcomes, they find it difficult to embrace in the context of heightened nationalism and a strong desire to assert sovereignty.

In light of these challenges, this paper explores how the international community can best engage in “founding” elections in the Arab world. Examining Egypt and Tunisia, the first two Arab states to hold elections, it focuses on challenges in leveling the playing field, managing electoral processes, and creating just and sustainable outcomes. These cases are undoubtedly unique in many ways and – as in any transition – remain in flux. Nevertheless, examining their early experience yields insights into how international actors can best approach those cases that may follow (e.g., Libya, Syria, and Yemen).

Most notably, these cases suggest that the democracy promotion community should approach first elections differently than it does subsequent ones. It should prioritize different goals and activities, in some cases even leaving off the agenda well-intentioned and generally constructive programs in order to focus on more urgent activities critical to strengthening electoral processes. Recognizing the enormous fear and uncertainty with which democrats approach first elections, international actors should resist the understandable urge to seek immediate, permanent democratic arrangements and “favorable” electoral outcomes. They should also encourage revolutionary forces to resist understandable, but counterproductive, urges to exclude allies of the former regime from new democratic processes. Rather, democracy promoters should suggest interim measures, encourage tolerance toward “unfavorable” results, and, in so doing, support democrats as they make their way through a long, imperfect process.

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After decades of abuse under the old regime, how can the civilian government of President Mohamed Morsi turn Egypt’s security apparatus into one befitting a new democracy? What are the necessary steps in overcoming institutional barriers to reform and creating an Egyptian police force in the service of its citizens?

In a new "Project on Arab Transitions" paper from the Brookings Doha Center and Stanford University’s Center on Democracy, Development, and the Rule of Law (CDDRL), From Good Cop to Bad Cop: The Challenge of Security Sector Reform in Egypt, nonresident fellow Omar Ashour discusses the political dynamics of transforming Egypt’s security establishment.

Based on months of interviews with current and former officers and generals in the police, army, and intelligence services, Ashour lays out the workings of the Mubarak regime’s repressive security apparatus and assesses current reform initiatives, drawing on lessons from other transitions in the Arab world and beyond. He offers a set of policy proposals for establishing an accountable, civilian-led security sector, ranging from a presidential commission on reform to new oversight mechanisms. Ashour cites the brutality and abuse of Egypt’s police as a key catalyst of the January 25 Revolution; the success of that revolution, he says, will hinge on effective security sector reform.

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Event Information

The Joint Comprehensive Plan of Action (JCPOA) adopted by Iran and the P5+1 partners in July 2015 was an effort not only to prevent Iran from acquiring nuclear weapons but also to avert a nuclear arms competition in the Middle East. But uncertainties surrounding the future of the Iran nuclear deal, including the question of what Iran will do when key JCPOA restrictions on its nuclear program expire after 15 years, could provide incentives for some of its neighbors to keep their nuclear options open.

In their Brookings Arms Control and Non-Proliferation Series monograph, “The Iran Nuclear Deal: Prelude to Proliferation in the Middle East?,” Robert Einhorn and Richard Nephew assess the current status of the JCPOA and explore the likelihood that, in the wake of the agreement, regional countries will pursue their own nuclear weapons programs or at least latent nuclear weapons capabilities. Drawing on interviews with senior government officials and non-government experts from the region, they focus in depth on the possible motivations and capabilities of Egypt, Turkey, Saudi Arabia, and the United Arab Emirates for pursuing nuclear weapons. The monograph also offers recommendations for policies to reinforce the JCPOA and reduce the likelihood that countries of the region will seek nuclear weapons.

On May 31, the Brookings Arms Control and Non-Proliferation Initiative hosted a panel to discuss the impact of the JCPOA on prospects for nuclear proliferation in the Middle East. Brookings Senior Fellow and Deputy Director of Foreign Policy Suzanne Maloney served as moderator. Panelists included H.E. Yousef Al Otaiba, ambassador of the United Arab Emirates to the United States; Derek Chollet, counselor and senior advisor for security and defense policy at the German Marshall Fund; Brookings Senior Fellow Robert Einhorn; and Brookings Nonresident Senior Fellow Richard Nephew.

Join the conversation on Twitter using #IranDeal

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• The Iran nuclear deal: Prelude to proliferation in the Middle East?

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• 20160531_iran_nuclear_deal_transcript

When Iran and the P5+1 signed a deal over Tehran’s nuclear program last July, members of Congress, Middle East analysts, and Arab Gulf governments all warned that the agreement would prompt Iran’s rivals in the region to race for the bomb.

In a report that Bob Einhorn and I released this week, we assessed this risk of a so-called proliferation cascade. We look at four states in particular—Saudi Arabia, the United Arab Emirates, Egypt, and Turkey—and Bob briefly explores each case in another blog post out today. In the paper, we argue that although the likelihood of a proliferation cascade in the Middle East is fairly low, and certainly lower than a number of critics of the Iran deal would have you believe, it is not zero. Given that, here are eight steps that leaders in Washington should take to head off that possibility:

1. Ensure that the JCPOA is rigorously monitored, strictly enforced, and faithfully implemented;
2. Strengthen U.S. intelligence collection on Iranian proliferation-related activities and intelligence-sharing on those activities with key partners;
3. Deter a future Iranian decision to produce nuclear weapons;
4. Seek to incorporate key monitoring and verification provisions of the JCPOA into routine IAEA safeguards as applied elsewhere in the Middle East and in the global nonproliferation regime;
5. Pursue U.S. civil nuclear cooperation with Middle East governments on terms that are realistic and serve U.S. nonproliferation interests;
6. Promote regional arrangements that restrain fuel cycle developments and build confidence in the peaceful use of regional nuclear programs;
7. Strengthen security assurances to U.S. partners in the Middle East; and
8. Promote a stable regional security environment.

Taken together, these steps deal with three core challenges the United States faces in shoring up the nonproliferation regime in the region.

The first is that the central test of nonproliferation in the Middle East will come from how the JCPOA is believed to be meeting its core objective of preventing Iranian nuclear weapons development and Iranian establishment of regional hegemony. It cannot be stressed enough that the decision to pursue nuclear weapons by any state, including those in the region, starts with a sense of vulnerability to core security threats and an inability to address those threats through any other means. The history of nuclear proliferation is one of tit-for-tat armament in the face of overriding security imperatives. Both finished and aborted nuclear programs bear the hallmarks of a security dilemma impelling states to make the political, economic, and security investments into nuclear weapons.

This is no less true for countries across the region than for Iran. To the extent that the overall security environment can be stabilized, there will be less impetus for any Middle Eastern state to develop nuclear weapons. The United States should focus on:

• Fully implementing and enforcing all sides of the JCPOA (nuclear restrictions, transparency, and sanctions relief);
• Creating a strong sense of deterrence toward Iran, manifest most clearly in the passage of a standing Authorization to Use Military Force if Iran is determined to be breaking out toward acquisition of a nuclear weapon;
• Providing security assurances and backing them up with the mechanisms to make them actionable like joint exercises, logistical planning, and cooperation with a range of regional and extra-regional actors; and,
• Working to promote a more stable regional environment by seeking the resolution of simmering conflicts.

But, these latter two factors also point to another resonant theme in our research: the need for the United States to be a player. After decades of involvement in the region, the United States has yet to settle upon the right balance between involvement and remove. Yet, establishing this equilibrium is essential. States in the region need predictability in their affairs with the United States, including knowing the degree to which our assurances will stand the test of time.

States in the region need predictability in their affairs with the United States, including knowing the degree to which our assurances will stand the test of time.

In part for this reason, the United States should not only pursue deeper security relationships, but also civil nuclear cooperation with interested states throughout the region. Such a relationship both ensures a closer link between the United States and its partners and discourages the spread of enrichment and reprocessing technology by disincentivizing countries from “going it alone.” In the Middle East, the United States would need to find a formulation that offers some flexibility (such as by building in language that would permit the United States to terminate any nuclear cooperation arrangements in the face of sensitive fuel cycle development by the other side).

The United States should also share intelligence more closely with its partners in the region. This is helpful in the short term, of course, but also helps the United States understand the mindset of and intelligence picture of its regional partners in a broader sense. It also helps leaders in Washington address concerns brought about by unfounded rumors or speculation as to Iran’s intentions or capabilities.

Changing how we do business

Even more important than how the JCPOA was negotiated will be how we transition from its restrictions and transparency mechanisms into a new world in 15 to 20 years. 

The United States seek to incorporate elements of the JCPOA into normal international monitoring practices and should negotiate new arrangements to help govern the future development of nuclear technology in the region. 

To achieve the former, the IAEA will need to make some changes to how it does business. For example, the IAEA determines how best to implement its monitoring mission, contingent on acceptance by the country being inspected. The United States and its partners should work with the IAEA (and other countries with significant nuclear activities) to make some parts of the JCPOA standard operating practice, such as online monitoring of enrichment levels. Other elements of the JCPOA may require agreements at the IAEA and beyond for how nuclear-related activities, including those that could have value for nuclear weaponization, are handled. It might be hard to get agreement, not least because there is clear language in the JCPOA that states that it will not be seen as a precedent for future nuclear nonproliferation efforts. However, it should still be the ambition of the United States to make such steps part of the norm. 

A far more difficult lift would be organizing a regional approach to the nuclear fuel cycle. This is not the same as creating a multilateral fuel cycle, though some elements that approach would be helpful. Rather, the United States should find ways to craft regional agreements or, failing that, moratoria on aspects of the fuel cycle that others in the region would find threatening. It would be easier to negotiate constraints some aspects than others. For example, spent fuel reprocessing is rare in the Middle East, with only Israel having been known to do it to a significant degree. It may therefore be an attractive first place to begin. Enrichment would be altogether more difficult, but it may be possible to convince states in the region to forego the expansion of their enrichment programs beyond their status quo. For Iran, it would continue to possess uranium enrichment but with constraints that limit the utility of this program for weapons production; its incentive would be to avoid creating the rationale for regional competition. For other countries in the region, it would involve holding off on enrichment, but also on the financial and political investment enrichment would involve—as well refraining from creating a security dilemma for Iran that could produce miscalculation in the future.

While some of these recommendations are more challenging (and may prove impossible), others are potentially easier. By taking a multifaceted approach, the United States increases the chances that no further weapons of mass destruction proliferate in the Middle East down the road. 

Editors’ Note: Richard Nephew and Bob Einhorn spoke about their new report at a recent Brookings event. You can see the video from the event here.