ABSTRACT:

Early experience with federal campaign finance reform suggests that the new law is fulfilling its primary objective of severing links between policymakers and large donors, and thus reducing the potential for corruption in the political process. Instead of languishing or seeking to circumvent the law, the national political parties have responded to the ban on soft money by increasing their hard money resources. While outside groups appear active, particularly on the Democratic side, their soft money financing should remain a small fraction of what candidates and parties will raise and spend in the 2004 Elections.

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During debates in Congress and in the legal battles testing its constitutionality, critics of the Bipartisan Campaign Reform Act of 2002 imagined a host of unanticipated and debilitating consequences. The law's ban on party soft money and the regulation of electioneering advertising would, they warned, produce a parade of horribles: A decline in political speech protected by the First Amendment, the demise of political parties, and the dominance of interest groups in federal election campaigns.

The forecast that attracted the most believers — among politicians, journalists, political consultants, election-law attorneys and scholars — was the claim that Democrats would be unable to compete against Republicans under the new rules, primarily because the Democrats' relative ability to raise funds would be severely crippled. One year ago, Seth Gitell in The Atlantic Monthly summarized this view and went so far as to call the new law "The Democratic Party Suicide Bill." Gitell quoted a leading Democratic Party attorney, who expressed his private view of the law as "a fascist monstrosity." He continued, "It is grossly offensive ... and on a fundamental level it's horrible public policy, because it emasculates the parties to the benefit of narrow-focus special-interest groups. And it's a disaster for the Democrats. Other than that, it's great."

The core argument was straightforward. Democratic Party committees were more dependent on soft money — unlimited contributions from corporations, unions and individuals — than were the Republicans. While they managed to match Republicans in soft-money contributions, they trailed badly in federally limited hard-money contributions. Hence, the abolition of soft money would put the Democrats at a severe disadvantage in presidential and Congressional elections.

In addition, the argument went, by increasing the amount an individual could give to a candidate from $1,000 to $2,000, the law would provide a big financial boost to President Bush, who would double the $100 million he raised in 2000 and vastly outspend his Democratic challenger. Finally, the ban on soft money would weaken the Democratic Party's get-out-the-vote efforts, particularly in minority communities, while the regulation of "issue ads" would remove a potent electoral weapon from the arsenal of labor unions, the party's most critical supporter.

After 18 months of experience under the law, the fundraising patterns in this year's election suggest that these concerns were greatly exaggerated. Money is flowing freely in the campaign, and many voices are being heard. The political parties have adapted well to an all-hard-money world and have suffered no decline in total revenues. And interest groups are playing a secondary role to that of the candidates and parties.

The financial position of the Democratic party is strikingly improved from what was imagined a year ago. Sen. John Kerry (D-Mass.), who opted out of public funding before the Iowa caucuses, will raise more than $200 million before he accepts his party's nomination in Boston. The unusual unity and energy in Democrats' ranks have fueled an extraordinary flood of small donations to the Kerry campaign, mainly over the Internet. These have been complemented by a series of successful events courting $1,000 and $2,000 donors.

Indeed, since Kerry emerged as the prospective nominee in March, he has raised more than twice as much as Bush and has matched the Bush campaign's unprecedented media buys in battleground states, while also profiting from tens of millions of dollars in broadcast ads run by independent groups that are operating largely outside the strictures of federal election law.

The Democratic national party committees have adjusted to the ban on soft money much more successfully than insiders had thought possible. Instead of relying on large soft-money gifts for half of their funding, Democrats have shown a renewed commitment to small donors and have relied on grassroots supporters to fill their campaign coffers. After the 2000 election, the Democratic National Committee had 400,000 direct-mail donors; today the committee has more than 1.5 million, and hundreds of thousands more who contribute over the Internet.

By the end of June, the three Democratic committees had already raised $230 million in hard money alone, compared to $227 million in hard and soft money combined at this point in the 2000 election cycle. They have demonstrated their ability to replace the soft money they received in previous elections with new contributions from individual donors.

Democrats are also showing financial momentum as the election nears, and thus have been gradually reducing the Republican financial advantage in both receipts and cash on hand. In 2003, Democrats trailed Republicans by a large margin, raising only $95 million, compared to $206 million for the GOP. But in the first quarter of this year, Democrats began to close the gap, raising $50 million, compared to $82 million for Republicans. In the most recent quarter, they narrowed the gap even further, raising $85 million, compared to the Republicans' $96 million.

Democrats are now certain to have ample funds for the fall campaigns. Although they had less than $20 million in the bank (minus debts) at the beginning of this year, they have now banked $92 million. In the past three months, Democrats actually beat Republicans in generating cash — $47 million, compared to $31 million for the GOP.

The party, therefore, has the means to finance a strong coordinated and/or independent-spending campaign on behalf of the presidential ticket, while Congressional committees have the resources they need to play in every competitive Senate and House race, thanks in part to the fundraising support they have received from Members of Congress.

Moreover, FEC reports through June confirm that Democratic candidates in those competitive Senate and House races are more than holding their own in fundraising. They will be aided by a number of Democratic-leaning groups that have committed substantial resources to identify and turn out Democratic voters on Election Day.

Democrats are highly motivated to defeat Bush and regain control of one or both houses of Congress. BCRA has not frustrated these efforts. Democrats are financially competitive with Republicans, which means the outcome will not be determined by a disparity of resources. Put simply, the doomsday scenario conjured up by critics of the new campaign finance law has not come to pass.

Event Information

The 2008 elections showcased the power of the Internet to generate voter enthusiasm, mobilize volunteers and increase small-donor contributions. After the political world has been arguing about campaign finance policy for decades, the digital revolution has altered the calculus of participation.

On January 14, a joint project of the Campaign Finance Institute, American Enterprise Institute and the Brookings Institution unveiled a new report that seeks to change the ongoing national dialogue about money in politics. At this event, the four authors of the report will detail their findings and recommendations. Relying on lessons from the record-shattering 2008 elections and the rise of Internet campaigning, experts will present a new vision of how campaign finance and communications policy can help further democracy through broader participation.

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• Thomas Mann
• Michael Malbin
• Anthony Corrado
• Norm Ornstein

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• Campaign Reform in the Networked Age: Fostering Participation through Small Donors and Volunteers

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• Transcript (.pdf)

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Executive Summary

The political world has been arguing about campaign finance policy for decades. A once rich conversation has become a stale two-sided battleground. One side sees contribution or spending limits as essential to restraining corruption, the appearance of corruption, or the “undue influence” of wealthy donors. The other resists any such limits in the name of free speech. The time has come to leap over this gulf and, as much as possible, move the disputes from the courts. Preventing corruption and protecting free speech should each be among the key goals of any policy regime, but they should not be the only objectives. This report seeks to change the ongoing conversation. Put simply, instead of focusing on attempts to further restrict the wealthy few, it seeks to focus on activating the many.

This is not a brief for deregulation. The members of this working group support limits on contributions to candidates and political parties. But we also recognize the limits of limits. More importantly, we believe that some of the key objectives can be pursued more effectively by expanding the playing field.

Interactive communications technology potentially can transform the political calculus. But technology alone cannot do the trick. Sound governmental policies will be essential: first, to protect the conditions under which a politically beneficial technology may flourish and, second, to encourage more candidates — particularly those below the top of the national ticket — to reach out to small donors and volunteers.

We focus on participation for two reasons. First, if enough people come into the system at the low end there may be less reason to worry about the top. Second, heightened participation would be healthy for its own sake. A more engaged citizenry would mean a greater share of the public following political events and participating in public life. And the evidence seems to suggest that giving and doing are reciprocal activities: volunteering stimulates giving, while giving small amounts seems to heighten non-financial forms of participation by people who feel more invested in the process.

For these reasons, we aim to promote equality and civic engagement by enlarging the participatory pie instead of shrinking it. The Supreme Court has ruled out pursuing equality or civic engagement by constraining speech. But the Court has never ruled out pursuing these goals through policies that do not constrain speech.

This report will show how to further these ends. The first half surveys current conditions; the second contains detailed recommendations for moving forward.

The report begins with new opportunities. The digital revolution is altering the calculus of participation by reducing the costs of both individual and collective action. Millions of American went online in 2008 to access campaign materials, comment on news reports, watch campaign videos and share information. The many can now communicate with the many without the intervention of elite or centralized organizations. This capacity has made new forms of political organizations easier to create, while permitting the traditional organizations — candidates and parties — to achieve unprecedented scales of citizen participation. No example better illustrates this potential than the Obama campaign of 2008, which is discussed at length in the full report.

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Despite the attention on the mid-term races, few elections are competitive. Electoral competition, already low at the national level, is in decline in state and primary elections as well. Reformers, who point to gerrymandering and a host of other targets for change, argue that improving competition will produce voters who are more interested in elections, better-informed on issues, and more likely to turn out to the polls.

On October 27, the Brookings Institution—in conjunction with the Cato Institute and The Pew Research Center—presented a discussion and a groundbreaking survey exploring the attitudes and opinions of voters in competitive and noncompetitive congressional districts. The survey, part of Pew's regular polling on voter attitudes, was conducted through the weekend of October 21. A series of questions explored the public's perceptions, knowledge, and opinions about electoral competitiveness.

The discussion also explored a publication that addresses the startling lack of competition in our democratic system. The Marketplace of Democracy: Electoral Competition and American Politics (Brookings, 2006), considers the historical development, legal background, and political aspects of a system that is supposed to be responsive and accountable, yet for many is becoming stagnant, self-perpetuating, and tone-deaf. Michael McDonald, editor and Brookings visiting fellow, moderated a discussion among co-editor John Samples, director of the Center for Representative Government at the Cato Institute, and Andrew Kohut and Scott Keeter from The Pew Research Center, who also discussed the survey.

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• Transcript (.pdf)

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After his first place finish in Iowa, which was supposed to propel him to a New Hampshire victory, “change” is probably a word Barack Obama does not like as much anymore. But, his support did not really change much between these two elections. He won 38 percent of Iowa’s delegates and 36 percent of New Hampshire’s vote. It was Hillary Clinton and John McCain who were the big change candidates.

What happens when a presidential candidate that does well in a primary or caucus state, does not do so well in the next? The dynamic of the presidential election can swiftly and stunningly change, as it did in New Hampshire on Tuesday.

How Barack Obama wishes John Edwards showed up in New Hampshire.

Edwards was awarded 30 percent of Iowa’s delegates, barely denying Clinton a second place finish. He finished a distant third in New Hampshire, receiving only 17 percent of the vote. There are strong indications that a shift among his supporters helped propel Hillary Clinton to her New Hampshire victory.

According to the exit polls, Edwards did 8 percentage points worse in New Hampshire among women, while Clinton did 16 percent better. Obama’s support was virtually identical, dropping a statistically insignificant 1 percentage point.

Obama’s support among young people remained strong, if slightly increasing among 18-24 and 30-39 year olds. Clinton’s support remained strong and slightly increased among those 65 and older. Edwards won Iowa’s middle-aged voters, age 40-64, but it was Clinton who decisively won this coveted age demographic in New Hampshire. And where these people were 38 percent Iowa caucus attendees, they were 54 percent of New Hampshire voters. (To understand why their turnout increased, see my analysis of Iowa’s turnout .)

Moving forward, the generational war is still a strong dynamic in the Democratic race, as evident in the candidates’ speech styles following the election results. In Iowa, Clinton was flanked by the ghosts of the Clinton administration. In New Hampshire, she shared the stage with a sea of young voters. In Iowa, Obama spoke of change, a message that resonates with younger people who are not part of the establishment. In New Hampshire his slogan was a message that echoes the can-do spirit of the greatest generation, “Yes, we can!”

In the days between Iowa and New Hampshire, Edwards spoke about how he wanted the election to become a two-way race. One should be careful with what one wishes for. Edwards and Clinton are vying for the same support base, that when united can defeat Obama, at least in New Hampshire. In the short-term, Obama most needs Edwards to do better so that support can continue to be divided.

Among Republicans, John McCain recreated his magic of eight years ago and bounced back strong from a poor Iowa showing to win New Hampshire.

The Iowa and New Hampshire electorates are so different it is difficult to compare them. In Iowa, Evangelical Christians were 60 percent of the electorate, while in New Hampshire, they were only 23 percent. Mike Huckabee’s move from first in Iowa to third in New Hampshire can be clearly attributed to the shrinking of his base. His collapse paved the way for a new winner to emerge.

It is thus tempting to attribute McCain’s victory solely to the different electorates, but he still had to defeat Mitt Romney to win New Hampshire.

According to the exit polls, the battle between McCain and Romney is a referendum on the Bush administration. Surprisingly, McCain, who has tried to rebuild bridges with the Bush establishment since his defeat in the 2000 presidential election, is still seen as the outsider and agent of change by voters participating in the Republican nomination process.

In both Iowa and New Hampshire, McCain drew his support from those who said they are angry or dissatisfied with the Bush administration. Romney drew his support from those who said they are enthusiastic or satisfied. Not surprisingly, McCain is also drawing more support from self-described Independents and Romney from Republicans.

The candidates seem to understand this dynamic, too, as they gave their speeches following the election results. In a contrived bit of acting, Romney showed up on stage without a podium and shoved a prepared speech back into his pocket (if he had needed a podium, his advance team would have provided it). He appeared relaxed, delivering his speech in a personable style reminiscent of Huckabee, who is competing with Romney for those who support Bush. But he also seemed to be reaching out to Independents with a message of change. In stark contrast, McCain delivered a carefully written, almost sedate speech designed to reassure Republicans of his conservative credentials.

This three-way dynamic between Huckabee, McCain, and Romney should prove fascinating as the Republican nomination process moves forward. Where Evangelicals are strong, Huckabee should do well. Where they are not, the rules governing if Independents can or cannot participate will dictate how McCain and Romney do. And we have yet to see regional candidates like Fred Thompson have their day in the sun. And then there is Rudy Giuliani, who is lying in wait in the larger states where his name recognition should give him a significant boost over the other candidates. All of this points to an extended campaign among Republicans.

Michael P. McDonald is an Associate Professor at George Mason University and a Non-Resident Senior Fellow at the Brookings Institution. He studies voter turnout and is a consultant to the national exit poll organization.

Hillary Clinton was not ready on day one.

The autopsies of her defeat for the Democratic nomination contest all point to a series of early blunders by her campaign. Her campaign plan was simple: leverage her name recognition, early money lead, and organization to win the Super-Tuesday contests, thereby wrapping up the Democratic nomination in early February. As the inevitable winner, she could be the centrist candidate on the Iraq war and tout her experience as a problem solver.

But her over-confident and over-priced campaign consultants failed to recognize that in a “change” election, caucus attenders were not excited by an Iraq war centrist who also happened to be a Washington insider. Clinton’s lack of a plan to effectively contest the caucuses allowed Barack Obama to win what would be the all important delegate race, and more importantly, give him the mantle of momentum while she appeared mired in the mud at a crucial mid-February stage of the campaign.

But she was ready on day two.

She hit her stride late in the game by impressively winning a series of primary contests. All the more remarkable: she did so on a shoestring election-to-election budget while the media wrote her off as a spoiler. With a newfound voice that emphasized she was a populist who would fight for the people, her new message resonated particularly well as the economy continued to falter.

Unfortunately, by the time she retooled her message and got rid of the people who had driven her campaign into the ditch— campaign manager Patti Solis Doyle and chief strategist Mark Penn—it was already too late. Obama had built a nearly insurmountable lead in the delegate count.

It is here that the rules matter.

If states had not moved up or “frontloaded” the date of their primaries and caucuses, under the misimpression that doing so would give them a greater voice in the 2008 nomination, Clinton might be the Democratic nominee.

She would have received more delegates from Florida and Michigan, two states that she would have likely won if all Democratic candidates had vigorously campaigned, but was denied a full slate because these states violated party rules by holding their elections too early. Counting these contests was important for her delegate count and to her argument that she had won more popular votes than Obama.

If states had not frontloaded their primaries and caucuses, she would have recovered from her early stumbles before it was too late. She would have minimized damage from her disastrous February, when Obama racked up an impressive string of victories even in Virginia, where she might have done better given her later strength.

The irony is that Clinton was expected to benefit from frontloading. Only a candidate with name recognition, money, and organization could compete. Lesser candidates like Joe Biden, Chris Dodd, Mike Gravel, Dennis Kucinich, Bill Richardson and even John Edwards would be quickly weeded out of the field, leaving her with only one real opponent to dispense with.

The lesson is that frontloading does not well serve the nomination process. Running for president is an unrehearsed drill. Mistakes will be made. Candidates become better as they learn how to campaign and to craft messages that work. Democratic Party leaders will undoubtedly look hard over the next four years at what steps can be taken to even out the flow of the nomination contests.

While these lessons may resound loudly for Democrats, they apply equally well to Republicans. Democrats permitted the process to play out over a longer time by awarding delegates proportionately; Republicans brought their nomination to a faster close by awarding delegates by winner-take-all. John McCain became the inevitable winner of his party’s nomination without even winning a state’s vote majority before his opponents dropped like flies.

While Republicans have delighted in the continued fight among the Democrats, McCain has been in a holding pattern since winning his nomination. Unable to use his time effectively to make headway with the American public, he has incurred problems in his own party. As evidence, 30 percent of South Dakota and Montana Republican primary voters registered a protest vote by voting for someone else.

Perhaps McCain won his party’s nomination too soon. He lost to George Bush in 2000 and has yet to demonstrate that he can run an effective general election campaign. He would have benefited from being more strongly tested, making more mistakes, and learning from them in the primary season. Now, he and his campaign will have to learn on the job in the general election, while they face, in Obama, an opponent who has been tempered in his party’s nomination fire stoked by Clinton.

Plenty of time remains for McCain to make his mistakes and for Obama to make more—and for both to recover before November. Campaigns often become so knee-jerk reactive to criticisms of any mistake that they fail to recognize the value in the lessons that may be learned. The primary election season is thus a valuable period for candidates to plumb their strengths and shore up their weaknesses, and we need to find a way to restore it as such.

Scholars from the Brookings Institution and the American Enterprise Institute are collaborating to promote transparency in redistricting. In January 2010, an advisory board of experts and representatives of good government groups was convened in order to articulate principles for transparent redistricting and to identify barriers to the public and communities who wish to create redistricting plans. This document summarizes the principles for transparency in redistricting that were identified during that meeting.

Benefits of a Transparent, Participative Redistricting Process

The drawing of electoral districts is among the most easily manipulated and least transparent systems in democratic governance. All too often, redistricting authorities maintain their monopoly by imposing high barriers to transparency and public participation. Increasing transparency and public participation can be a powerful counterbalance by providing the public with information similar to that which is typically only available to official decision makers, which can lead to different outcomes and better representation.

Increasing transparency can empower the public to shape the representation for their communities, promote public commentary and discussion about redistricting, inform legislators and redistricting authorities which district configurations their constituents and the public support, and educate the public about the electoral process.  

Fostering public participation can enable the public to identify their neighborhoods and communities, promote the creation of alternative maps, and facilitate an exploration of a wide range of representational possibilities. The existence of publicly-drawn maps can provide a measuring stick against which an official plan can be compared, and promote the creation of a “market” for plans that support political fairness and community representational goals.

Transparency Principles

All redistricting plans should include sufficient information so the public can verify, reproduce, and evaluate a plan. Transparency thus requires that:

• Redistricting plans must be available in non-proprietary formats.
• Redistricting plans must be available in a format allowing them to be easily read and analyzed with commonly-used geographic information software.
• The criteria used as a basis for creating plans and individual districts must be clearly documented.

Creating and evaluating redistricting plans and community boundaries requires access to demographic, geographic, community, and electoral data. Transparency thus requires that:

• All data necessary to create legal redistricting plans and define community boundaries must be publicly available, under a license allowing reuse of these data for non-commercial purposes.
• All data must be accompanied by clear documentation stating the original source, the chain of ownership (provenance), and all modifications made to it.

Software systems used to generate or analyze redistricting plans can be complex, impossible to reproduce, or impossible to correctly understand without documentation. Transparency thus requires that:

• Software used to automatically create or improve redistricting plans must be either open-source or provide documentation sufficient for the public to replicate the results using independent software.
• Software used to generate reports that analyze redistricting plans must be accompanied by documentation of data, methods, and procedures sufficient for the reports to be verified by the public.

Services offered to the public to create or evaluate redistricting plans and community boundaries are often opaque and subject to misinterpretation unless adequately documented. Transparency thus requires that:

• Software necessary to replicate the creation or analysis of redistricting plans and community boundaries produced by the service must be publicly available.
• The service must provide the public with the ability to make available all published redistricting plans and community boundaries in non-proprietary formats that are easily read and analyzed with commonly-used geographic information software.
• Services must provide documentation of any organizations providing significant contributions to their operation.

Promoting Public Participation

New technologies provide opportunities to broaden public participation in the redistricting process. These technologies should aim to realize the potential benefits described and be consistent with the articulated transparency principles.

Official Endorsement from Organizations – Americans for Redistricting Reform, Brennan Center for Justice at New York University, Campaign Legal Center, Center for Governmental Studies, Center for Voting and Democracy, Common Cause, Demos, and the League of Women Voters of the United States.

Attending board members – Nancy Bekavac, Director, Scientists and Engineers for America; Derek Cressman, Western Regional Director of State Operations, Common Cause; Anthony Fairfax, President, Census Channel; Representative Mike Fortner (R), Illinois General Assembly; Karin Mac Donald, Director, Statewide Database, Berkeley Law, University of California, Berkeley; Leah Rush, Executive Director, Midwest Democracy Network; Mary Wilson, President, League of Women Voters.

Editors – Micah Altman, Harvard University and the Brookings Institution; Thomas E. Mann, Brookings Institution; Michael P. McDonald, George Mason University and the Brookings Institution; Norman J. Ornstein, American Enterprise Institute.

This project is funded by a grant from the Sloan Foundation to the Brookings Institution and the American Enterprise Institute.

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.

Alaska Republican Sen. Lisa Murkowski’s write-in candidacy for reelection makes her the latest to join a growing number of prominent politicians who have shed political affiliations in the hopes of winning public office.

Florida Gov. Charlie Crist is running as an independent for the Senate, former Sen. Lincoln Chafee is running as an independent for Rhode Island governor, Mayor Michael Bloomberg became an independent to run New York City, and, of course, Sen. Joe Lieberman lost the 2006 Democratic Senate primary — but won in the general as an independent.

The trend of moderate independent candidates who have forsworn party affiliations is not new to U.S. politics. Since the Civil War, when the modern Republican Party was established to compete against the Democratic Party, minor party or unaffiliated candidates have won election to the House or Senate a total of 697 times. Of these, 89 percent of elected minor party candidates had voting records ideologically between the two major parties.

Despite the recent polarization of U.S. politics, history tells us that moderates make winners. Consider the Wisconsin Progressive Party. Its development has a familiar ring to today’s politics. Extremist elements flourished in the Republican Party during the Great Depression, growing out of our nation’s economic anxieties. GOP moderates responded by creating this Wisconsin group, focused on issues of reform and pragmatic governance.

It started when Wisconsin Gov. Philip La Follette ran for reelection in 1932 as the GOP nominee. He was heckled throughout his speeches by Republican ‘Stalwarts’ on his political right. They “had their Phil” and were angered by his policies of perceived higher taxes to support government spending. La Follette lost the Republican primary to Stalwart-backed Walter Kohler amid then-record turnout. Kohler lost to the Democrat in the general election.

La Follette is a famous political name. Gov. Philip La Follette and Sen. Robert La Follette Jr. were sons of the leading GOP politician, Sen. Robert La Follette Sr. Republican progressives had supported him for the party’s presidential nomination in 1912 and 1916. He eventually ran for president in 1924 — on his own Independent Progressive Party ticket. But while the father’s exploits are well-known, his sons’ reactions to Wisconsin’s political climate are more relevant to today’s politics.

Frustrated by the GOP extremists, the La Follette brothers created the Wisconsin Progressive Party, and they ran as party candidates when successfully elected governor and senator in 1934. Today’s independent candidates share a similar frustration with the ideological purists on their right and left. The extremists in the Democratic and Republican primary electorates are rejecting centrist candidates who might be better positioned to win general elections.

Consider the words of Crist when he declared his Independent candidacy. “If you want somebody on the right or you want somebody on the left,” Crist said, “you have the former speaker, Rubio, or the congressman, Meek. If you want somebody who has common sense, who puts the will of the people first, who wants to fight for the people first, now you've got Charlie Crist. You have a choice.”

With all the attention paid to the successes of Tea Party activists during the GOP primaries, it is easy to forget that these are not like general elections. Primary voters tend to be more ideologically extreme. So these Republican primary voters may end up denying the party several general election victories.

For example, many political observers agree that Rep. Mike Castle (R-Del.), a moderate, would have been a stronger candidate for Senate than the GOP primary victor, Christine O’Donnell, his tea party-backed opponent. General elections have traditionally been won in the center -- where most voters still reside.

Minor party successes usually arise when the two major political parties become ideologically polarized. Moderates can usually find a seat under a big tent, but when party activists are unable to tolerate dissent, moderates are shut out and left to their own devices. So it isn’t surprising that strong candidates holding moderate positions realize they are electorally viable by abandoning their party and appealing to the center in general elections.

History tells us that conditions now are favorable for moderates like Chafee, Crist, Lieberman, and Murkowski. They step into a political vacuum at the center that the major parties created by moving to the political extremes. With room left for further polarization, this may be just the beginning of the rise of moderate independent candidates.

History also tells us the political party that first figures out how to recapture the middle -- and bring these candidates and their supporters into the fold -- is the one most likely to emerge as dominant.

Event Information

The drawing of legislative district boundaries is among the most self-interested and least transparent systems in American democratic governance. All too often, formal redistricting authorities maintain their control by imposing high barriers to transparency and to public participation in the process. Reform advocates believe that opening that process to the public could lead to different outcomes and better representation.

On January 20, Brookings hosted a briefing to review how redistricting in the 50 states will unfold in the months ahead and present a number of state-based initiatives designed to increase transparency and public participation in redistricting. Brookings Nonresident Senior Fellows Micah Altman and Michael McDonald unveiled open source mapping software which enables users to create and submit their own plans, based on current census and historical election data, to redistricting authorities and to disseminate them widely. Such alternative public maps could offer viable input to the formal redistricting process.

After each presentation, participants took audience questions.

Learn more about Michael McDonald's Public Mapping Project »

Video

• Injecting Transparency into Redistricting
• GOP Could Re-Draw 145 Districts
• Towards a New Political Culture
• Coalitions Pushing for Greater Transparency
• The Public Mapping Project

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• Toward Public Participation in Redistricting
• Toward Public Participation in Redistricting
• Toward Public Participation in Redistricting

Transcript

• Download Micah Altman's and Michael McDonald's Presentation (.pdf)
• Download Tim Storey's Presentation (.pdf)
• Download Clare Dyer's Presentation (.pdf)
• Download the Redistricting Authority in the States Factsheet (.pdf)
• Download Micah Altman's and Michael McDonald's Report (.pdf)
• Download the District Builder Summary (.pdf)

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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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• States Attempt to Reform Redistricting

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

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Full video archive of this event is also available via C-SPAN here.

The drawing of legislative district boundaries is arguably among the most self-interested and least transparent systems in American democracy. Every ten years redistricting authorities, usually state legislatures, redraw congressional and legislative lines in accordance with Census reapportionment and population shifts within states. Most state redistricting authorities are in the midst of their redistricting process, while others have already finished redrawing their state and congressional boundaries. A number of initiatives—from public mapping competitions to independent shadow commissions—have been launched to open up the process to the public during this round of redrawing district lines.

On July 18, Brookings hosted a panel of experts to review the results coming in from the states and discuss how the rest of the process is likely to unfold. Panelists focused on evidence of partisan or bipartisan gerrymandering, the outcome of transparency and public mapping initiatives, and minority redistricting.

After the panel discussion, participants took audience questions.

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• A Status Report on Congressional Redistricting

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Analysis of dozens of publicly created redistricting plans shows that map-making technology can improve political representation and detect a gerrymander.  In 2012, President Obama won the vote in Ohio by three percentage points, while Republicans held a 13-to-5 majority in Ohio’s delegation to the U.S. House. After redistricting in 2013, Republicans held 12 of Ohio’s House seats while Democrats held four. As is typical in these races, few were competitive; the average margin of victory was 32 points. Is this simply a result of demography, the need to create a majority-minority district, and the constraints traditional redistricting principles impose on election lines—or did the legislature intend to create a gerrymander?

Crowd-Sourced Redistricting Maps

In the Ohio elections, we have a new source of information that opens a window into the legislature’s choice: Large numbers of publicly created redistricting plans.

During the last round of redistricting, across the country thousands of people in over a dozen states created hundreds of legal redistricting plans. Advances in information technology and the engagement of grassroots reform groups made these changes possible. To promote these efforts we created the DistrictBuilder open redistricting platform and many of these groups used this tool to create their plans.

Over the last several years, we have used the trove of information produced by public redistricting to gain insight into the politics of representation. In previous work that analyzed public redistricting in Virginia^[1], and in Florida^[2], we discovered that members of the public are capable of creating legal redistricting plans that outperform those maps created by legislatures in a number of ways.

Public redistricting in Ohio shows something new—the likely motives of the legislature. This can be seen through using information visualization methods to show the ways in which redistricting goals can be balanced (or traded-off) in Ohio , revealing the particular trade-offs made by the legislature.

The figure below, from our new research paper^[3], shows 21 plots—each of which compares legislative and publicly-created plans using a pair of scores—altogether covering seven different traditional and representational criteria. A tiny ‘A’ shows the adopted plan. The top-right corner of each mini-plot shows the best theoretically possible score. When examined by itself, the legislative plan meets a few criteria: it minimizes population deviation, creates an expected majority-minority seat, and creates a substantial majority of districts that would theoretically be competitive in an open-seat race in which the statewide vote was evenly split.

Figure 1: Pairwise Congressional Score Comparisons (Scatterplots) - Standardized Scores

In previous rounds of redistricting, empirical analysis would stop here—unless experts were called in to draw alternative plans in litigation. However, the large number of public plans now available allows us to see other options, plans the legislature could readily have created had it desired to do so. Comparison of the adopted plans and public plans reveal the weakness of the legislature’s choice. Members of the public were able to find plans that soundly beat the legislative plan on almost every pair of criteria, including competitive districts.

So why was the adopted plan chosen? Information visualization can help here, as well, but we need to add another criterion—partisan advantage:

Pareto Frontier: Standard Criteria vs. Democratic Surplus

When we visualize the number of expected Democratic seats that was likely to result from each plan, and compare this to the other score, we can see that the adopted plan is the best at something— producing Republican seats.

Was Ohio gerrymandered? Applying our proposed gerrymandering detection method, the adopted plans stands in high contrast to the public sample of plans, even if the overall competition scoring formula is slightly biased towards the Democrats, as strongly biased towards the Republicans on any measure of partisan fairness. Moreover analyzing the tradeoffs among redistricting criteria illuminate empirically demonstrates what is often suspected, but is typically impossible to demonstrate—that had the legislature desired to improve any good-government criterion—it could have done so, simply by sacrificing some partisan advantage. In light of this new body of evidence, the political intent of the legislature is clearly displayed.

However, when politics and technology mix, beware of Kranzberg’s first law: “Technology is neither good nor bad; nor is it neutral.”^[4] Indeed there is an unexpected and hopeful lesson on reform revealed by the public participation that was enabled by new technology. The public plans show that, in Ohio, it is possible to improve the expected competitiveness, and to improve compliance with traditional districting principles such as county integrity, without threatening majority-minority districts simply by reducing partisan advantage—this is a tradeoff we should gladly accept.