How to get away with gerrymandering

How to get away with gerrymandering

David Daley writes:

Luxury cabanas atop Austin’s JW Marriott kept state legislators cool poolside as August-in-Texas temperatures soared above 103 degrees during each day of the American Legislative Exchange Council’s 2019 annual meeting. The gathered Republican officials could enjoy a $14 rooftop Peppered Paloma cocktail with Patrón silver, housemade grapefruit poblano soda, and Chilean salt, all while gazing over Lady Bird Lake and the nearby state Capitol, or catching a ballgame on the cabana’s 55-inch private TV.

Downstairs, meanwhile, five of the GOP’s most seasoned redistricting minds and über-lawyers would teach them the finer points of tilting maps and drawing districts that would allow them to retain such spoils for another decade.

Slate has obtained an exclusive audio recording of the closed-door panel called “How to Survive Redistricting,” moderated by influential Republican lawyer Cleta Mitchell. The panel’s four experts—Hans von Spakovsky of the Heritage Foundation, North Carolina election lawyer Thomas Farr, former Georgia Rep. Lynn Westmoreland, and Texas state Rep. Phil King—are among the architects and defenders of some of the most notorious gerrymanders and voter suppression plans of this decade.

During the session, the legislators were advised to treat redistricting as “political adult blood sport,” trash potential evidence before it can be discovered through litigation, avoid the word gerrymander, and make deals with black and Latino legislators that guarantee them easy reelections by packing as many minority voters as possible into their districts, thereby making the rest of the map whiter and more conservative.

Panelists offered complicated technical advice, such as adding a legal provision that would allow a legislature to defend its maps in court even if the state attorney general refuses. And then there was less-technical advice, like being sure to put “sharp” legislators on redistricting committees because they’ll spend a lot of time explaining the maps in court.

“You are going to be sued. Let’s start with that,” Mitchell told a packed room at the ALEC gathering, attended by more than 1,400 people, including Trump administration officials and top conservative lawmakers, thinkers, donors, and activists. Mitchell made light of ALEC’s reputation as a conveyor belt for cookie-cutter conservative legislation enacted by state after state. “Mindless state legislators, we’re just pouring in information and we’re indoctrinating you, pouring into your empty skulls!” she said, sarcastically. “We’re going to teach you how to gerrymander.”

And then she did. “Let us begin with the fact that, probably, your notes from this conference, and this workshop, will probably be part of a discovery demand,” Mitchell said on the recording, dropping the sarcasm. “My advice to you is: If you don’t want it turned over in discovery, you probably ought to get rid of it before you go home.” [Continue reading…]

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