When a North Carolina court overturned the state's legislative map as an unconstitutional partisan gerrymander last week, the unanimous decision provided much more than a needed victory free and fair elections. It was also a valuable reminder: Partisan gerrymandering affects much more than Congress, distorting representation in state houses and senates nationwide.
A stunning number of Americans — more than 59 million — live under minority rule in a state where the party with fewer votes in the 2018 election nevertheless controls a majority of seats in the legislature. Democratic candidates for the North Carolina House and Senate won a solid majority of the statewide vote last fall, but Republicans nevertheless won 54% of House seats and 58% of Senate seats. "Representatives are choosing voters based upon sophisticated partisan sorting," a bipartisan panel of judges concluded. "It is the carefully crafted will of the map drawer that dominates."
But North Carolina is not alone. Five other states — Michigan, Wisconsin, Virginia, Ohio and Pennsylvania — have minority rule in one or both of their legislative chambers, according to a study from a team headed by Christian Grose of the USC Schwarzenegger Institute. While it will come as no surprise that, in all six of these states, the party with the undue majorities also controlled the map-drawing, the statistics should nevertheless chill all of us who believe in the power of one person, one vote.
The partisan gerrymander in Virginia's House of Delegates, for example, holds this ugly distinction: Republicans hold a majority of seats — just under 51% — with just 44.5% of the 2017 vote. That's the lowest popular vote share for any legislative majority in the nation. Earlier this year, a federal court put a new, neutral map in place for Virginia's upcoming House election.
Wisconsin, where partisan mapmakers maximized their gains with even greater ruthlessness and efficiency, has received no such remedy. Only 44.7% of voters there cast ballots for Republican Assembly candidates in 2018, but the GOP nevertheless won 64.6% of the seats. The Wisconsin map was initially overturned by a federal court, but it was allowed to stand after the U.S. Supreme Court ruled partisan gerrymandering "nonjusticiable," meaning the issue can't be resolved by judges, at the federal level.
It's a similar story in Pennsylvania and Michigan. In the Keystone State, Republican state House candidates earned 45.6% of the votes but 54.2% of the seats. In Michigan, meanwhile, 47.4% of voters favored Republicans, but the maps helped the GOP claim just under 53% of the seats.
These states' upper chambers are just as badly gerrymandered. Pennsylvania, Michigan and North Carolina all have senates where the party with fewer votes holds control — which means the entire legislature is dominated by the minority party. Add to that Ohio: In 2018, just over half of the Buckeye State's Senate seats were up for election. Republicans won 47.2% of the vote but 58.8% of the seats.
Nothing explains this consistent partisan bias other than the maps themselves. State and federal courts have carefully considered, and rejected, the mythical notion that the state's political geography or natural clustering — Democrats packed into the cities, Republicans spread more efficiently throughout suburbs or rural areas — provided the GOP edge. Time and again, the judges have pointed out the real culprits: partisan legislators with unfettered control of redistricting, aided by powerful mapmaking software and precise, block-level voting and demographic data on individuals.