Subject: RE: RE: RE: Electionlawblog news and commentary 5/22/06
From: "Smith, Brad" <BSmith@law.capital.edu>
Date: 5/23/2006, 9:23 AM
To: election-law@majordomo.lls.edu

>From the chatter on this list, you'd think Republicans had received 30% of the congressional vote in 2004.  It may be worth reminding ourselves that in the 2002 and 2004 elections, Republican representation in the House of Representatives tracked very closely to their percentage of the popular vote - more so than one would expect in many proportional systems.  Nationwide, Republicans won 51.4% of the congressional vote, and won 53.3% of the seats.  In Texas, Republicans won 66% of the seats, with about 60% of the vote, more representative of the state's divisions than the earlier map.  
 
That may just show very successful, bi-partisan incumbent gerrymanders; or it may show offsetting partisan gerrymanders by state - I haven't made any serious attempt to analyze every state.  
 
I'm opposed to mid-decade redistricting, and not a big fan of gerrymandering.  But now and again this list gets so carried away with its anti-GOP bias it's worth pulling people down to earth a bit.  
 
 The briefs are submitted in Texas.  Let's just see what happens this fall and what effect a shift - if any - actually has.
 
 

________________________________

From: owner-election-law_gl@majordomo.lls.edu on behalf of Gerry Hebert
Sent: Tue 5/23/2006 9:23 AM
To: rkgaddie@ou.edu; Michael McDonald
Cc: election-law
Subject: RE: RE: RE: Electionlawblog news and commentary 5/22/06



I too disagree with Keith Gaddie's observations regarding the allegedly
competitive districts in Texas.  After Tom DeLay's gerrymander was put
in place and the 2004 elections were held, the map worked out exactly as
planned.  In November 2004, the Republicans gained six of the seven
additional seats they targeted, after one Democratic incumbent chose not
to run, another switched parties, and four others were defeated at the
polls.  The only exception to the pattern was Representative Chet
Edwards, who won with 51% of the vote against what turned out to be a
relatively weak challenger in District 17.  Elsewhere in the State, the
November 2004 congressional elections were drained of serious
competition, as 21 Republicans won by margins ranging from 10 percentage
points to 84 points, and 10 Democrats won by margins ranging from 17
points to 88 points.  So the delegation now stands at 21-to-11
Republican, with a very significant chance that it will move to 22-to-10
this year and very little chance it will move in the other direction,
even if the Democrats make substantial gains in overall votes for
Congress throughout the State.  The gerrymander of the Texas districts
was so calculated and effective that they are exactly the type that can
weather any national wave against Republicans.

Full disclosure: I am one of the attorneys who represented the
Democratic challengers to the Texas map.  Gerry Hebert


-----Original Message-----
From: owner-election-law_gl@majordomo.lls.edu
[mailto:owner-election-law_gl@majordomo.lls.edu] On Behalf Of
rkgaddie@ou.edu
Sent: Monday, May 22, 2006 8:03 PM
To: Michael McDonald
Cc: 'election-law'
Subject: Re: RE: RE: Electionlawblog news and commentary 5/22/06

Mike-

I readily concede that it is the "most competitive" scenario.  However,
all of the reconstituted elections for Texas from 1998-2002 construct
themselves around this same data signature, and show the same reactivity
. . . the real question is where the tipping point for districts is,
rather than how often they tip.

Reagrdless, even in this worst of gerrymanders, there is reactivity to
across-the-board swings.

Keith (nee' Ronald)

_____________________________
Ronald Keith Gaddie
Professor of Political Science
The University of Oklahoma
455 West Lindsey Street, Room 222
Norman, OK  73019-2001
Phone 405-325-4989
Fax 405-325-0718
E-mail: rkgaddie@ou.edu
http://faculty-staff.ou.edu/G/Ronald.K.Gaddie-1

----- Original Message -----
From: Michael McDonald <mmcdon@gmu.edu>
Date: Monday, May 22, 2006 5:50 pm
Subject: RE: RE: Electionlawblog news and commentary 5/22/06

I don't agree with Ronald's analysis of "the most competitive" Texas
statewide race in 2002 as a basis for claiming a third of the Texas
congressional seats will come into play with a 5% vote swing. 
Checking the
Texas SoS website, The margin of victory in the 2002 LT governor's
race was
5.74%, the next closest was the Commissioner of the General Land
Office at
11.68% and the average of eight statewide offices, including the Chief
Justice, was 16.79%.  I rather doubt that the 2002 LT governor race is
representative of the underlying partisanship of Texas.

I agree, however, that a uniform vote swing model is most likely
incorrect(anyone who reads the fine print of the academic articles
by authors as
early as Tufte will see the caveats in this regard).  Though, without
knowing where the qualified candidates and money are this far in
advance of
an election, it is the best that we can go on at this point. 
Indeed, I
rather expect that the Democrats will do better in terms of their
overallvote totals simply on the fact that they are fielding more
candidates in
uncompetitive races -- races that would have previously been
uncontested by
a Democrat -- and Republicans are not fielding a like number in
uncompetitive Democratic districts.

I've heard it mentioned before that the "non-uniform" (for the lack
of a
better word) vote swings are concentrated in competitive races.  I
wonder if
that is true.  It could be just as likely that a larger amount of the
overall swing comes from second-tier competitive districts (because
thefavored party is fielding more qualified challengers than in other
elections) or from the uncompetitive districts (because any
challenger is
fielded).  I suppose one could estimate the normal vote for a given
electionand then observe where the largest error occurs.  Anyone
know of such a
study?

As for David's question, 7.5% does seem to be a large number (btw,
I mean
57.5% of the two-party vote), but I haven't done a similar study for
previous elections, so I can't say with authority how unusual it
is.  But,
perhaps there is a paper worth writing here about where vote swings
areconcentrated that would produce the statistic as a by-product.

I am skeptical that Hispanic turnout is going to be much higher in
thiselection.  Like it or not, midterm elections are low-turnout
affairs and
given the lower socio-economic status among Hispanics, they will
likely vote
at the low rates as they have done in previous elections.  Even in
California, where Hispanics were organized and mobilized in the
1990s by
Prop. 187, 2004 CVAP turnout among Hispanics (from the CPS) was
46.9% while
among white non-Hispanics it was 70.6% (see:
http://www.census.gov/population/socdemo/voting/cps2004/tab04a.xls,
plus my
calculations).

Finally, why incumbency is collapsing into uncompetitive seats is
that, as
Jacobson points out, there was a lot of sorting of mis-matched
incumbentsinto similar partisan-leaning districts in the last round
of redistricting.

------------
Dr. Michael P. McDonald
Assistant Professor, George Mason University
Visiting Fellow, Brookings Institution

                         Mailing address:
(o) 703-993-4191          George Mason University
(f) 703-993-1399          Dept. of Public and International Affairs
mmcdon@gmu.edu            4400 University Drive - 3F4
http://elections.gmu.edu  Fairfax, VA 22030-4444

-----Original Message-----
From: rkgaddie@ou.edu [rkgaddie@ou.edu]
Sent: Monday, May 22, 2006 5:37 PM
To: David Lublin
Cc: Michael McDonald; 'election-law'; owner-election-
law_gl@majordomo.lls.edu
Subject: Re: RE: Electionlawblog news and commentary 5/22/06

Good points made by David.

How much of that incumbency advantage is personal anymore?
Oppenheimer> points out that the incumbency advantage is collapsing
onto general party
safety in districts. Abramowitz has been tracking a similar
collapse of
congressional partisanship into presidential partisanship.  The
exit poll
data in 2004 also confirm that the presidential vote and
congressional> vote are now generally structured by ideology.  So,
if voters do go south
for Republicans, it may be that large numbers of seats have
sufficient> partisan capacity to weather the storm.

But, as David also points out, these will not be uniform swings .
. . I
would be concerned for Republicans in every district in
California, but
also in districts where there are large Latino, citizen
populations - say
the 3-10% range - that are undervoting.  The current political
environment> makes this undermobilized electorate potent for a
general election with an
embattled GOP incumbent or a usually Republican open seat.

Even the districts in Texas showed a potential to swing
dramatically,> despite the nature of the gerrymander.  The graphic
I attached shows the
seat swing from the 2002 LTGV in Texas (most competitive seat),
based on
uniform one-point shifts in the vote statewide (Alford and I
presented> similar graphics in our reports in 2003).  About a third
of the seats in
Texas that are currently in GOP hands could come into play based
on a
five-point shift.  There are structural biases, but they are
insufficient> to mitigate great political tides.


_____________________________
Ronald Keith Gaddie
Professor of Political Science
The University of Oklahoma
455 West Lindsey Street, Room 222
Norman, OK  73019-2001
Phone 405-325-4989
Fax 405-325-0718
E-mail: rkgaddie@ou.edu
http://faculty-staff.ou.edu/G/Ronald.K.Gaddie-1