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Op-ed: End gerrymandering, pass ‘Freedom to Vote’

(A News and Sentinel Op-Ed - Photo Illustration - MetroCreativeConnection)

Voting rights are the bedrock of democracy. If voters are unable to choose the leaders they want, we don’t have real democracy.

When legislative bodies enact redistricting laws after each decennial census, they stand the idea of democracy on its head. Rather than the voters choosing their representatives, the representatives are choosing their voters.

Legislative bodies drawing district lines to accomplish particular ends is called “gerrymandering.” It’s named after Elbridge Gerry, a governor of Massachusetts during the early days of our republic (and later vice president of the U.S.) who drew a congressional district looking like a salamander to favor a friend. For those who care, he pronounced his last name with a hard “g,” although discussion of the process named after him usually softens the “g.”

We need to end gerrymandering by mandating that decennial redistricting be done by independent commissions, not state legislatures. Redistricting must be done by bodies that are not subject to the personal and partisan desires of legislators. And we must ensure these commissions aren’t dominated by partisan entities outside the Legislature.

I’ve now been involved in three decennial redistricting efforts as a member of the West Virginia Legislature, the first two under Democratic Party control, and this year under the Republicans. In all three cases there were elements of both partisanship and “incumbent protectionism.” It is my recollection that in 2001 and 2011 the desire to protect incumbents was stronger, and this year partisanship was the greater motivator. Both hamper the performance of our democracy.

The U.S. Supreme Court has upheld bans on racial gerrymandering but has so far declined to interfere with states engaging in gerrymandering for other reasons. In those cases, the high court has determined that as long as the gerrymandering is done for reasons other than race, it’s what the court calls a “political question.”

Political questions may be decided by political bodies, so the court has given the Congress the “go ahead” to ban other forms of gerrymandering.

The “Freedom to Vote Act,” authored by our own U.S. Sen. Joe Manchin, requires that independent commissions draw congressional districts every ten years. The bill doesn’t mandate those independent commissions draw legislative district lines. But I think that many states, having created those independent commissions, will have those commissions draw legislative lines as well.

Senator Manchin’s bill is a well-thought-out compromise on voting rights, and contains other important reforms. A sufficient number of early voting days will be mandated. State legislatures will be prevented from installing different presidential electors than those chosen by the voters, thus overturning the will of the voters. Increased disclosure of campaign finances would be required, limiting the effect of so-called “dark” money (contributions by undisclosed donors). There will be more stringent conflict-of-interest rules for public officials, and the power of lobbyists would be curtailed. Voter list maintenance standards will be strengthened. States will be required to use individual, durable and voter-verified ballots, which will promote individual trust in elections. And the Senator found a compromise on the “voter ID” question right in our own state’s law.

The election standards included in the Freedom to Vote Act have been effectively implemented by election administrators from both parties in states across the country. The policies embedded in the Freedom to Vote Act are moderate and practical.

Time’s a-wastin.’ Many states have enacted restrictive “voting” laws that make it more difficult for the people to exercise their right to vote. The U.S. Congress needs to act forthwith on the “Manchin Compromise,” to protect the fundamental rights of voters and restore our democracy to its intended representative nature. We must not wait any longer.

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John Doyle is a member of the West Virginia House of Delegates from Jefferson County. He is a Vietnam veteran and received the Bronze Star for Valor.

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