News Intelligence Analysis
A New York Times Editorial
December 3, 2003
A Ruling for Democratic Principles
The Colorado Supreme Court took a stand for electoral fairness this week when it struck down a partisan redrawing of the state's Congressional district lines. It held that districts should be drawn once after the census, not whenever a party sees a chance to pick up seats. The alternative would mean constant redistricting, and interference with state Congressional delegations, whenever one party got the upper hand at the state level.Colorado adopted Congressional district lines after the 2000 census that were used in the 2002 elections. The boundaries, chosen by a state court, were nonpartisan. Each party retained the advantage in the districts it already held, and a newly added district was so evenly drawn that the margin of victory in 2001 was just 121 votes.
But last spring, when Republicans took control of state government, they pushed through a new plan in the final days of the legislative session. This "midnight gerrymander," as critics called it, was designed to increase Republican control. It added 21,000 Republican voters and removed 7,000 Democrats in the district that had a 121-vote margin, and did similar mischief to another swing district.
The Colorado Supreme Court has now restored the earlier lines. The court's ruling relied heavily on the text of the State Constitution. But it also noted that throughout Colorado's history, parties that had gained control of state government in mid-decade had not, until now, redrawn Congressional districts merely for partisan advantage.
The Republican Party in Colorado was not alone in its calculated exercise of raw power. At a time when politicians talk of reducing partisan rancor, many are willing to throw out the rulebook to gain advantage. Under the direction of the House majority leader, Tom DeLay, a similar dispute is raging in Texas, where Republicans also redrew Congressional districts a second time after the census. A court challenge is pending.
This week's Colorado ruling is a welcome reaffirmation of the importance of respecting the rules of democracy. Parties that want to increase their standing should do so by winning at the ballot box, not by developing the most ruthless redistricting strategies.
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