Foreword

On November 6, 2018, Michigan voters went to the polls and passed Proposal 18-2, which amends the state constitution to restructure the state’s legislative redistricting process and gives the power of redistricting to the people of Michigan. The Amendment, brought to the polls by Voters Not Politicians, creates an Independent Citizens Redistricting Commission (the Commission) that will draw Michigan’s legislative and congressional boundaries, as is required by federal law after each decade’s Census. Previously, the redistricting process was under the control of Michigan’s legislators, who deliberated out of the public eye and were not obligated to provide transparency. Evidence recently brought to light shows that this process allowed districts to be drawn in ways that favored incumbent legislators and whole political parties. The passage of Proposal 18-2, with 61 percent of the vote, was a historic moment. Michiganders sent a clear signal that they considered fair redistricting to be an essential component of representative democracy. The Amendment requires legislative boundaries to be drawn in an open and transparent process with public input. The Amendment also ensures that the redistricting process reflects Michigan’s political spectrum by requiring that the Commission be drawn from the two majority parties (currently Democratic and Republican) and unaffiliated Michiganders, and that votes from all three groups be required for passage of any plan. Commissioners must also reflect the demographic and geographic diversity of the state. It mandates that the Commission obtain input through public hearings and safeguards against backdoor influence. In summary, the Amendment creates an opportunity for Michigan’s maps to be drawn in a more open and neutral way. With great opportunity will come great challenges. Commissioners will need thorough training and must set up a new state agency, all in a charged political environment. They will need to learn about complex topics including federal voting rights law, state geography and demography, and ways to measure partisan fairness. They will need to understand their individual roles as laid out by the Amendment, as well as how to adhere to strict transparency requirements and decision-making procedures. They will need to do all of this within a short timeframe, from the start of public hearings on October 15, 2020 to the adoption of final maps by November 1, 2021. As redistricting commissions in other states have found, the Michigan Commission is likely to receive criticisms of bias even if its conduct is above reproach. Commissioners can protect the integrity of their work against legal challenges by following best practices and documenting their actions.

This report is intended to aid Commissioners in their work and provide them with the tools to best serve the people of Michigan. It contains rules of thumb for a successful process, specific management recommendations, and example maps. The report begins with essential background on the history of redistricting in the United States and Michigan, including useful federal and state standards. It then moves onto operational aspects of independent redistricting commissions, drawing from nationwide expertise and lessons learned by independent commissions. The report concludes with an analysis of the seven individual criteria set by the Amendment for drawing maps and offers recommended tests for compliance, as well as example maps to demonstrate key tests.