[EL] Hofeller files

[Rick Hasen]

Must Read: Hofeller Files, Leaked to David Daley in New Yorker, Show Use of Race in Gerrymandering and Considering Impact of Voter ID<https://electionlawblog.org/?p=107212>
Posted on September 6, 2019 2:09 pm<https://electionlawblog.org/?p=107212> by Rick Hasen<https://electionlawblog.org/?author=3>

Blockbuster:<https://www.newyorker.com/news/news-desk/the-secret-files-of-the-master-of-modern-republican-gerrymandering>

Hofeller did not follow his own advice. Before his death<https://www.newyorker.com/news/news-desk/a-father-a-daughter-and-the-attempt-to-change-the-census>, in August, 2018, he saved at least seventy thousand files and several years of e-mails. A review of those records and e-mails—which were recently obtained first by The New Yorker—raises new questions about whether Hofeller unconstitutionally used race data to draw North Carolina’s congressional districts, in 2016. They also suggest that Hofeller was deeply involved in G.O.P. mapmaking nationwide, and include new trails for more potential lawsuits challenging Hofeller’s work, similar to the one on Wednesday which led to the overturning of his state legislative maps in North Carolina.

Hofeller’s files include dozens of intensely detailed studies of North Carolina college students, broken down by race and cross-referenced against the state driver’s-license files to determine whether these students likely possessed the proper I.D. to vote. The studies are dated 2014 and 2015, the years before Hofeller helped Republicans in the state redraw its congressional districts in ways that voting-rights groups said discriminated on the basis of race. North Carolina Republicans said that the maps discriminated based on partisanship but not race. Hofeller’s hard drive also retained a map of North Carolina’s 2017 state judicial gerrymander, with an overlay of the black voting-age population by district, suggesting that these maps—which are currently at the center of a protracted legal battle—might also be a racial gerrymander.

Other files provide new details about Hofeller’s work for Republicans across the country. Hofeller collected data on the citizen voting-age population in North Carolina, Texas, and Arizona, among other states, as far back as 2011. Hofeller was part of a Republican effort to add a citizenship question to the census, which would have allowed political parties to obtain more precise citizenship data ahead of the 2020 redistricting cycle. State legislative lines could then have been drawn based on the number of citizen voters, which Hofeller believed would make it easier to pack Democrats and minorities into fewer districts, giving an advantage to Republicans.
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Posted in redistricting<https://electionlawblog.org/?cat=6>


--
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
rhasen at law.uci.edu<mailto:rhasen at law.uci.edu>
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org<http://electionlawblog.org/>


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