User:Starrfruit/sandbox/Redistricting in Florida

As in other U.S. states, the state of Florida must redraw its congressional and legislative districts every ten years to reflect population changes. Redistricting normally occurs after the decennial United States Census; the most recent Census took place in 2010. The Florida Legislature has primary control over the congressional and legislative redistricting process.

Redistricting of county commissions, school boards, and city commissions is carried out by the individual local government, and generally also occurs every ten years following the Census.

History
Here is some light background and history. Pre-1960s.

Automatic Supreme Court review
History of automatic review background/development. 1970s, 1980s.

1990 redistricting cycle
Deadlock and court intervention.

2000 redistricting cycle
Attempts at challenges

Fair Districts Amendments
In 2010, the political committee Fair Districts Florida proposed two ballot initiatives to amend the Florida Constitution to restrict gerrymandering. The "Fair Districts Amendments" appeared as Amendments 5 and 6 on the November, 2010 ballot. The measures prohibited districts from being drawn to favor or disfavor a political party or incumbent, and included provisions to protect minority voting rights. They also required districts to be compact and use existing political and geographic boundaries.

The amendments' supporters included the Florida Democratic Party, the League of Women Voters of Florida, NAACP, ACLU, Common Cause, National Council of La Raza, and then-Republican Governor Charlie Crist. Opponents included the Republican Party of Florida, Florida Chamber of Commerce, and Democratic Congresswoman Corrine Brown.

The Fair Districts Amendments were approved with over 62% of the vote, surpassing the 60% threshold needed. They were codified as Sections 20 and 21 in Article III of the Florida Constitution.

Amendment 7
In April 2010, the legislature passed a resolution proposing its own redistricting amendment. The measure would require the state to balance various standards when it redistricted, including minority opportunities and communities of common interest. Supporters claimed the amendment would clarify the Fair Districts proposals, while opponents charged that the amendment's goal was to undermine the Fair Districts Amendments and preserve the legislature's ability to draw maps as it pleased.

Proponents of the Fair Districts Amendments sued to remove Amendment 7 from the ballot. On July 8, 2010, a 2nd Circuit Court judge struck the amendment from the ballot, finding that the ballot summary was misleading. The next month, the state Supreme Court upheld that ruling, and Amendment 7 did not appear on the November ballot.

2010 redistricting cycle
Info on legislative process and lead up to automatic review.

Supreme Court automatic review
App I & II

Later challenge to the Senate plan
This.

Challenge to the congressional plan
Congressional case.

Effects of Fair Districts and calls for further reform
Partly as a result of the Fair Districts Amendments, the Republican Party's advantage in Florida's congressional delegation shrunk to 17-10 following the 2012 elections, down from 19-6 prior. Two Republican incumbents lost primary elections in 2012 after being drawn into new districts with new, unfamiliar territory. Democrats are widely expected to net one or two more seats in 2016 under the court-mandated plan.

In the Legislature, the Republicans similarly saw their majorities diminish somewhat, partly due to the Fair Districts Amendments. The Republican Party lost two Senate seats and five House seats in 2012, resulting in majorities of 26-14 and 76-44, respectively. Republicans regained five seats in 2014, however. As with the congressional plan, Democrats are widely expected to gain seats in 2016 under the court-mandated Senate map.

Citing the Legislature's inability to follow the Fair Districts laws and the high cost of the resulting court battles, some politicians have called for further reform. In a concurrence to the Apportionment II opinion approving the first revised senate map, Justice Barbara Pariente suggested loosening the tight timeframes of the automatic review process and exploring less legally onerous ways to achieve fair maps. She also suggested handing redistricting over to an independent commission, an idea that others have embraced. State Representative Dwight Dudley and Senator Arthenia Joyner, both Democrats, have introduced bills to establish a state redistricting commission similar to the ones in Arizona and California. Some Republican legislators, meanwhile, have proposed changing the Fair Districts requirements to give the Legislature more flexibility when making redistricting decisions.

Structure and procedures
The 1968 Florida Constitution, Art. XI, Sec. 2, called for a constitutional revision commission to be established in the tenth year after the original constitution was adopted, and in every twentieth year after that. Each commission is tasked with examining the constitution, holding public hearings, and proposing any amendments it deem necessary. Those proposals go before the voters at the next general election and must be approved by 60% of those voting to be adopted.

The 37 commission members are appointed in the following manner: The governor selects one of the members to serve as chair.
 * 15 members appointed by the Governor
 * 9 members appointed by the President of the Florida Senate
 * 9 members appointed by the Speaker of the Florida House of Representatives
 * 3 members appointed by the Chief Justice of the Florida Supreme Court
 * The Florida Attorney General is a member ex officio

1977-78 Commission
The commission was first established in 1977. Commissioners were appointed in July 1977 by Governor Reubin Askew, Senate President Lew Brantley, House Speaker Donald Tucker, and Chief Justice Ben Overton. Attorney General Robert Shelvin served as an ex officio member.

Following the commission's first meeting on July 6, 1977, it conducted 10 preliminary public hearings throughout the state, held 25 meetings, and adopted 87 proposed changes of the hundreds considered. After more hearings, the commission condensed the changes into eight constitutional amendments, which were submitted to voters in the November 1978 election.

Proposed amendments
The CRC proposed eight amendments: the first would make a variety of changes throughout the constitution, with the remaining seven making more specific changes to different sections. All eight amendments were rejected by the voters, but several of the ideas included in these proposals were eventually incorporated into the constitution or law in succeeding years

Members
Of the 37 members and four alternates, there were five women, three African-Americans, and one Cuban. Nine members were from Tallahassee while only eight came from the much more populous Dade County. Four members were Republicans while thirty were Democrats, with three judges holding nonpartisan offices. 19 members were attorneys. Four were currently serving as state senators, including Senate President Lew Brantley, who appointed himself. There were two current state representatives, and a further four members who had formerly served in the legislature. The commission's three judges were all appointed by Chief Justice Ben Overton, who appointed himself.

Steven Uhlfelder, a Tallahassee attorney and special counsel to Reubin Askew, was the commission's executive director.

Proposed amendments
The commission proposed nine amendments, which appeared on the 1998 ballot as revisions 5-13. All but one of the revisions received the majority support needed to be incorporated into the constitution.

Members
Commissioners were appointed by Governor Lawton Chiles, Senate President Toni Jennings, House Speaker Daniel Webster, and Chief Justice Gerald Kogan. Attorney General Bob Butterworth served automatically.

2017-18 Commission
The commission will next be established in 2017, within 30 days before the start of the regular session of the legislature on March 7. Assuming there are no changes in leadership, commissioners will be appointed by Governor Rick Scott, Senate President-Designate Joe Negron, House Speaker-Designate Richard Corcoran, and Chief Justice Jorge Labarga. Attorney General Pam Bondi will automatically serve as a member. This will be the first time a majority of the CRC will be appointed by Republicans.

Any amendments the commission proposes will appear on the November 2018 ballot for voters' approval. As a result of a 2006 legislatively-referred constitutional amendment, this will be the first time the CRC's proposals will have to be approved by a 60% supermajority of voters, rather than a simple majority.

In advance of the commission's formation, the LeRoy Collins Institute at Florida State University spearheaded the Partnership for Revising Florida's Constitution. Its mission is to educate the public on the revision process, engage them in the CRC's work, and conduct outreach during the election.