Thread by @mcpli

A thread 🧵 on the redistricting provisions of H.R. 1 - which many people shorthand describe as banning partisan gerrymandering and/or requiring independent commissions for drawing congressional districts - but which really are a *lot* more. #ForThePeople #HR1 #fairmaps 1/

First, let’s talk about the partisan gerrymandering ban. Unlike the partisan gerrymandering cases litigated in state and federal court, H.R. 1’s partisan gerrymandering covers not just intent but also *effects.* #ForThePeople #HR1 #fairmaps 2/

This is crucial because, as we saw last decade, maps can be wildly skewed (think the 12-4 in OH or 13-5 in PA) but evidence of intent is often carefully hidden & lawmakers offer any number of pretexts, requiring complex, time consuming litigation. #ForThePeople #HR1 #fairmaps 3/

In addition to bringing back partisan gerrymandering litigation in fed ct, H.R. 1 simplifies it by adding an effects test providing that maps cannot have “the effect of unduly favoring or disfavoring any political” when viewed on a statewide basis. #ForThePeople #HR1 #fairmaps 4/

And in amendments, it goes further by providing a clear statistical test for determining when there is such an effect. If a congressional map violates this test, it must be redrawn. Period. #ForThePeople #HR1 #fairmaps 5/

Result: No need for evidence of legislative intent and faster litigation and no more waiting half a decade - or more - for bad maps to be fixed. #ForThePeople #HR1 #fairmaps 6/

And it bears stressing this is a huge civil rights measure because whether it is Democrats or Republicans doing the political gerrymandering, it is hard to successfully gerrymander, especially in the South, without targeting communities of color. #ForThePeople #HR1 #fairmaps 7/

But beyond the partisan gerrymandering ban, H.R. 1’s redistricting provisions also do something else that hasn’t gotten nearly enough attention: They significantly strengthen other protections for communities of color. #ForThePeople #HR1 #fairmaps 8/

In addition to making clear that minority coalition districts are protected under the Voting Rights Act when communities of color are politically cohesive, H.R. 1 adds protections for crossover districts, which SCOTUS had gutted. #ForThePeople #HR1 #fairmaps 9/

H.R. 1 also requires preserving communities of interest where possible, a key protection for communities of color as people of color increasingly live in the suburbs rather than the urban cores of cities. #ForThePeople #HR1 #fairmaps 10/

Now, let’s talk about what H.R. 1 would do for redistricting litigation. In the past, people challenging discriminatory maps would often win in the district court but see the fruits of victory evaporate in the lengthy appeals process. #ForThePeople #HR1 #fairmaps 11/

In short, delay is often a strategic tool used by states (both D & R) in redistricting litigation to be able to get to use discriminatory maps for just one more cycle. #ForThePeople #HR1 #fairmaps 12/

H.R. 1 would change that dynamic by requiring all courts, including SCOTUS, to expedite redistricting cases. Last decade, we saw a Texas court sit on a redistricting case for nearly **three** years before ruling. That no longer would be possible. #ForThePeople #HR1 #fairmaps 13/

SCOTUS also would no longer be able to stay the redrawing of maps pending appeal. That’s big because often by the time SCOTUS rules, it’s too late to redraw maps for the upcoming election. This will ensure a remedial map is ready to go. #ForThePeople #HR1 #fairmaps 14/

And if a case can’t be resolved three months before a primary election, courts are directed to put in place interim maps to address blatant violations or adjust election schedules. #ForThePeople #HR1 #fairmaps 15/

And then there are the transparency provisions. Redistricting is often a dark & murky process. H.R. 1 would shine a light on that process by requiring that maps be made public with meaningful time for public comment before they can be voted on. #ForThePeople #HR1 #fairmaps 16/

This may not sound big, but it’s huge. Last decade, in PA, for example, Republicans did not make the proposed congressional map public until hours before it was approved. (Yes, really.) And PA wasn't alone. #ForThePeople #HR1 #fairmaps 17/

H.R. 1 also would require that the data used to draw maps be made public and that the public have a chance to submit and comment on maps. #ForThePeople #HR1 #fairmaps 18/

Last but not least, there are the independent commissions. Depending on when the Senate passes H.R. 1, there may or may not be time for commissions this decade, but starting in 2031, well-designed commissions would draw congressional maps. #ForThePeople #HR1 #fairmaps 19/

Those commissions would have Democrats, Republicans, *and* independent/unaffiliated voters on them and require pan-partisan support to pass maps. No more passing maps on a party-line basis. #ForThePeople #HR1 #fairmaps 20/

And there's more, but this thread is already too long (and my lunch is ready). But in short, H.R. 1 would transform one of the most abused parts of our democracy: redistricting. And not a moment too soon. It's time to get it over the finish line. #ForThePeople #HR1 #fairmaps 21/