On Ballot Measures in Multiple States

Fair districting advocates are engaged in reform initiative campaigns in multiple states. Several of these initiatives are gathering signatures and political momentum, and have deadlines coming up in the next few weeks. On June 23, reform organization The People held a press conference about these efforts, which featured former California governor Arnold Schwarzenegger. In places where other avenues of redistricting reform have proven challenging, citizen-led initiatives can provide an effective route for action-oriented reformers to alter the framework of their state’s redistricting process.

In Arkansas, reform advocates have formed the Ballot Question Committee, Arkansas Voters First (AVF), to place an initiative on the ballot creating a nine-member independent citizens’ commission with improved criteria, public input, and transparency. This petition needs to gather 89,151 valid signatures by July 3 to make it to the November 2020 ballot. Recently, a federal court relaxed the in-person witness and notary requirements for signature gathering. The original requirements would have likely impeded a successful signature gathering campaign, due to concerns about Covid-19. The relaxation of the signature criteria is not certain--the 8th Circuit Court of Appeals issued a stay on the lower court’s order. Due to this stay, AVF is experimenting with new approaches which would allow for safe signature gathering. Arkansas residents can (1) pledge to sign the initiative once it becomes safe to do so and (2) RSVP for AVF’s upcoming drive-to-sign events, which will be a drive-up petition drive.

At present, it seems likely that North Dakota will put a reform measure on its November ballot. The effort there is being led by an anti-gerrymandering coalition called North Dakota Voters First (NDVF). The proposed ballot measure would amend the state constitution to modernize North Dakota elections. The measure would also include a series of redistricting reforms. Like in Arkansas, NDVF sued in federal court. However, the district court ruled against NDVF’s claims, leaving the various requirements and ultimate deadline in place. Despite this setback, NDVF has had success in gathering signatures in recent weeks and seems on track to be on the ballot. To get to its goal, the NDVF initiative requires a total of 26,904 signatures by July 6. As with the effort in Arkansas, North Dakotans have the option of pledging to sign the NDVF initiative.

A third reform initiative campaign, Fair Maps Nevada (FMNV), has sued for relief from signature-gathering requirements during the pandemic. FMNV’s initiative seeks to create a seven-member commission and reform the Silver State’s redistricting criteria, public input, and transparency. As a result of a ruling in federal district court and a consent decree with Nevada Secretary of State Barbara Cegavske, the FMNV initiative now has until August 3 (an extension from June 24) to gather 97,616 signatures. Part of the court’s order also suggested that Governor Steve Sisolak could allow for electronic signatures by executive order. To that end, Fair Maps NV is putting public pressure on the Governor, including an online petition campaign to ask for e-signatures.

Finally, reform advocates should note developments in Oregon, where an initiative campaign is being led by the coalition People Not Politicians Oregon. This initiative seeks to create a twelve-member independent commission that improves upon Oregon’s criteria, public input, and transparency requirements

Unlike the states mentioned above, Oregon has not asked for court relief. This is likely because Oregonian law allows greater flexibility in signature gathering. In Oregon, eligible residents can read, request, download, and mail a copy of Initiative 57.

The instructions to do so can be found on the organization’s website. To make it on the ballot in November, this initiative needs 149,360 valid signatures by July 2, 2020. Reform-minded Oregonians can mail in their signed petitions by this Friday, June 26.

However, not all initiative campaigns are enjoying success. The campaigns in Nebraska (led by Nebraskans for Independent Redistricting) and Oklahoma (led by People Not Politicians Oklahoma) have both announced that they will be unable to make the ballot this November.

The Princeton Gerrymandering Project encourages reform-minded residents of these states to participate in the signature-gathering campaigns for these initiatives. While legislative-driven reform is always possible, the legacy of self-dealing among legislators makes state capitals an unlikely venue for passing reforms that repair the redistricting process. The citizen initiative process may avoid such obstacles.

Regardless of the success or failure of these campaigns, there is a strong argument in favor of initiatives as a pragmatic path to fighting gerrymandering. Indeed, initiative reform has led to practical, demonstrable change in California and Michigan. On the whole, wide public involvement is likely to lead to serious, long-term alteration in how a state’s electoral lines are drawn.