Politics & Government

NC voters could decide redistricting reform with a constitutional amendment

Redistricting reform in North Carolina could mean a constitutional amendment decided by voters.

That’s in one of three House bills discussed Thursday in committee as state lawmakers chart out a path for how to draw the next round of legislative maps in 2021, using U.S. Census data.

The General Assembly had to redraw court-ordered maps earlier this fall after a court ruled Republicans drew previous maps to give themselves an unconstitutionally skewed advantage, The News & Observer previously reported.

Rep. Chuck McGrady, a Hendersonville Republican, said some people have called for the legislature to get out of the redistricting business, but that can only be done if voters pass a constitutional amendment, he said.

Legislative staff explained how HB 140: The FAIR Act, HB 69: Nonpartisan Redistricting Commission and HB 648: NC FAIR State and Congressional Districts Act compare to each other.

The redistricting standards for each bill are the same. They’d be based on population, comply with federal and state law, be convenient contiguous territory, reasonably compact and not drawn to favor a party or incumbent or to change the voting strength of a racial minority or language group.

Here’s how the bills are different:

HB 140 would require a constitutional amendment that would be on the 2020 primary ballot for voters. North Carolina’s primary is March 3. However, HB 69 and HB 648 would be a statute, which means a future General Assembly could change it. If it’s in the state constitution, only the voters can change it.

HB 69 would have an 11-person nonpartisan redistricting commission; HB 140 would have a five-person temporary redistricting advisory commission; and HB 648 would have a 16-person independent redistricting commission of 11 voting members and five alternates who do not vote.

For drawing the redistricting plans, HB 69 calls for the commission to draw them, while HB 140 would have the legislative service office draw them and HB 648 would be drawn by a special group selected by its commission. Plans would have to be approved by the commissions created under HB 69 and HB 648, but not HB 140, since that one is a constitutional amendment.

HB 69 has the most public hearings attached to its proposal with 21 hearings, half before and half after plans are drawn. HB 140 calls for at least three public hearings, and HB 648 calls for none.

Other redistricting reform options

Rep. Deb Butler, a Wilmington Democrat, wanted to know why only three of the proposed bills about redistricting reform were being discussed in the House committee.

Committee Chair Rep. David Lewis, a Dunn Republican, said these three have the broadest number of bill sponsors and are just a starting point. Lewis said that shouldn’t be interpreted as the only bills they’ll consider, just that they are starting the discussion with three. No votes were taken on the bill, and lawmakers talked about choosing the best aspects from each bill.

Rep. Pricey Harrison, a Greensboro Democrat, said it’s very important that they move toward an independent redistricting process and said HB 827 was an alternative. That bill would establish an independent citizens commission.

Harrison said HB 827 contemplates a California-style citizens redistricting without amending the constitution, to be in the mix of redistricting options.

Harrison told The News & Observer after the meeting that she plans to continue to push for elements of that proposal as they consider and debate options for an independent redistricting process. She said she is glad the House is finally considering independent redistricting options.

“I am hopeful that [North Carolina] will finally adopt a fair, transparent and independent process for redrawing the legislative and congressional maps every 10 years,” Harrison said. She noted the taxpayer money spent on litigation over gerrymandered maps.

“Our state legislature has spent most of this decade illegally constituted with unconstitutionally racial and partisan gerrymandered districts. As a result, laws passed by the Legislature do not necessarily reflect [North Carolina] values,” she said in an email.

Every seat in the General Assembly is up for election in 2020.

For more North Carolina government and politics news, listen to the Domecast politics podcast from The News & Observer and the NC Insider. You can find it on Megaphone, Apple Podcasts, iHeartRadio, Stitcher or wherever you get your podcasts.

This story was originally published October 24, 2019 at 2:12 PM.

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Dawn Baumgartner Vaughan
The News & Observer
Dawn Baumgartner Vaughan is the Capitol Bureau Chief for The News & Observer, leading coverage of the legislative and executive branches in North Carolina with a focus on the governor, General Assembly leadership and state budget. She has received the McClatchy President’s Award, N.C. Open Government Coalition Sunshine Award and several North Carolina Press Association awards, including for politics and investigative reporting.
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