An Evaluation of North Carolina's 1998 Congressional Districts by Professor Gerald R. Webster
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January 23, 1998

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R A An Evaluation of North Carolina's 1998 Congressional Districts Professor Gerald R. Webster Department of Geography University of Alabama Tuscaloosa, AL 35487-0322 Phone (205) 348-1532 Fax (205) 348-2278 GWebster@ualvm.ua. edu On December 9, 1997, I met with representatives of the North Carolina Attorney General's Office and was asked to evaluate the state's twelve congressional districts intended for use in the 1998 elections (hereafter referred to as the "1998 districts"). For this purpose I was provided maps of the 1992-1996 (hereafter referred to as the "1992 districts") and 1998 districts, and access to data from Election Data Services, one of the country's most prominent providers of data on elections and districts. From Election Data Services I secured the majority of the compactness indicators used in this report, and shape files of the congressional districts in selected states including North Carolina. The purpose of this report is to evaluate the twelve congressional districts now in place for the 1998 elections (Figure 1). Where pertinent, these districts are compared to the 1992 districts (Figure 2). This report uses a set of selected traditional districting criteria on which to base its evaluation. These criteria are discussed in the published work of Professor 1 Figure 1 North Carolina Congressional Districts, 1998 Richard Morrill (Department of Geography, University of Washington), and Professor Bernard Grofman (School of Social Sciences, University of California, Irvine). Professor Morrill is a political geographer and the foremost geographic authority on districting procedures in the United States today. His 1981 monograph, Political Redistricting and Geographic Theory, includes a chapter entitled "Criteria for Redistricting” which was consulted in the preparation of this report. Professor Grofman is a political scientist and is among the most recognized authorities from that discipline on redistricting issues. Professor Grofman's "Criteria for Districting: A Social Science Perspective" published in the UCLA Law Review in 1985 is perhaps the most exhaustive evaluation of redistricting criteria published in the past twenty-five years. (Additional sources detailing districting criteria include Dixon 1982; Morrill 1982, 1987 and 1994; Cain 1984; Butler and Cain 1992; Grofman et al., 1992; Grofman 1993; Pildes and Niemi 1993). REDISTRICTING CRITERIA - What follows is an evaluation of North Carolina's twelve congressional districts on the basis of selected criteria including equal population, contiguity, compactness, the integrity of local government boundaries, and continuity of representation. It should be noted at the outset that it is virtually impossible for a redistricting plan to simultaneously satisfy all criteria perfectly or completely. In some cases, the 4 ov) ® ® real-world application of two criteria may contradict one another. In other cases, data and real-world constraints limit the degree to which one or more criteria may be simultaneously satisfied. The preeminent criterion for evaluating redistricting plans is population equality which stems from the United States Constitution. It therefore carries far greater weight in the evaluation of districts than secondary criteria such as compactness or the non-subdivision of local political units. Thus, a congressional redistricting plan which includes exceptionally compact districts with widely varying populations would be found unacceptable. Some explanation of each criterion's purpose precedes the North Carolina specific evaluation. 1)Equality of Population. The "equality of population" criterion stems from the U.S. Constitution and it therefore must carry substantial, if not preeminent, weight in the development of all redistricting plans. Since the 1960s the legally permissible variations between district populations have declined substantially. Concomitant improvements in technology and the detail of the data provided by the U.S. census have allowed ever- greater adherence to the principal of one-person-one-vote. Population equality between districts may be measured by multiple indicators. The "total deviation" (also referred to as the overall range) is defined as the population difference between the smallest and largest districts (see Grofman 1985: 5 ® » 175, for the total deviations of districts existing in 1983, and Rayburn and Leib 1994: 23, for the total deviations existing in 1993). The "maximum deviation" is defined as the largest absolute (+ or =) population deviation among a jurisdiction's districts relative to the optimal population (total population/number of seats) to be allocated to each district. Also pertinent is the mean or average of all district deviations from the ideal population. These measures may be expressed in terms of absolute numbers and percents. The maximum permissible population deviation of districting plans depends on their geographic scale - whether, for example, the districts are used to elect members of the U.S. House of Representatives, a state legislature, or a city council. Due to the limits of both the census of population data and geography, maximum allowable deviations are generally greater the more local the jurisdiction being evaluated. But congressional districts are expected to have total deviations of less than 1% (Morrill 1981; Grofman 1985; Grofman et al., 1992). As determined by Rayburn and Leib (1994: 23), the districting plans in all states in 1993 were in compliance with this criterion with the largest total deviation determined for Georgia at 0.94%. The ideal population for each congressional district in North Carolina is 552,386 (1990 state population of 6,628,637 / 12 districts = 552,386.42) (Table 1). The average absolute (+ or -) deviation of North Carolina's twelve congressional districts is 361 individuals, or 0.065% of the ideal population to be 6 Table 1 Population Equity Between North Carolina Congressional Districts Existing in 1998% Absolute Percent District # Total Population Deviation? Deviation? l 552,161 225 -0.041% 2 ; 552,152 234 -0.042 3 552,622 236 +0.043 4 551,842 544 -0.098 5 552,084 302 «0.055 6 552,171 215 =0.039 7 552,382 4 -0.,001 8 553,143 757 +0.137 9 552,615 228 +0.041 10 553,333 947 +0.171 11 552,089 297 -0.054 12 552,043 343 -0,.062 Total 6,628,637 -— -— Mean 552,386 361 0.065% Total Deviation® 1,491 0.270% Maximum Deviationd 947 0.171% *Based upon the 1990 Census of Population. 2 Absolute difference between district and mean of 552,386. Percentage difference between district and mean of 552,386. © The total deviation is the difference between the largest (#10) and smallest (#4) district. The maximum deviation constitutes that district most deviating from the ideal population. SOURCE: Calculated by author from data provided by State of North Carolina and reflecting the 1990 Census of Population. - allocated to each district. Among the districts, District 7 has the smallest deviation at a mere 4 individuals (0.001%), and District 10 the largest at 947 individuals (0.171%). District 10's deviation thus constitutes the Maximum Deviation for the state's congressional districts. The Total Deviation for the twelve districts is 0.270%. In terms of the population equality criterion, North Carolina's present congressional districts are well within accepted guidelines. Their level of population equality is therefore evaluated favorably on this criterion. But it should be noted that 1990 census of population data is now eight years old. Based upon population projections by the North Carolina Office of State Planning, the state's 1997 population was nearly 12 percent greater than enumerated in 1990. That office further projects the next Census, to be undertaken in a little over two years, will enumerate 7.7 million North Carolinians, or 16.4 percent more individuals residing in the state than were counted in 1990. Thus, while the constitutional purpose of the census of population is to aid the reapportionment and redistricting process and the 1990 census should be used for such comparisons, malapportionment is clearly a result of using eight year old data... It. dls thebetire true that any subsequent delineation of North Carolina's 12 congressional districts prior to the 2000 census will be hampered in achieving compliance with the preeminent criterion of the districting process, that of equal population between districts. 2)Contiquity. A majority of states (37), including North Carolina, require that legislative districts be contiguous (Grofman 1985). A district is typically defined as contiguous if every part of the district is accessible to all other parts without traveling into a second district. This requirement has rarely generated controversy in the past. When controversy has emerged, the focus of contention has generally pertained to areas dissected by water features and whether bridge connections are sufficient to constitute contiguity (see Grofman 1985: 84). All of the North Carolina's 1998 districts are contiguous, and are thus eviduated favorably on this criterion. Second, on this criterion the present plan compares very favorably with the state's 1992 congressional districts which generated controversy pertaining to the contiguity of the 6th and 12th districts (Grofman 1993: 1261). The practical contiguity of Districts 1, 2, 5 and 10 was also substantially improved. For example, the proruption of District 2 into District 1 in Halifax County in the 1992 plan no longer exists. In the 1998 plan the mutual boundary of Districts 1 and 2 is the Halifax County-Nash County boundary. A second example pertains to the no longer existing proruption of District 5 into District 10. The boundary between these two districts now entirely follows county boundaries. 3)The Allocation of Local Government or Electoral Units. The non-division of local political units in their allocation to districts has traditionally been viewed as a legitimate though secondary goal of the districting process. Counties, for example, may constitute political systems in and of themselves. Political parties frequently use counties as subdivisions for their organization at the "grassroots level." And citizens may have strong allegiances to their respective counties, most particularly in the South (Webster 1984). But it is also true that the equal population criterion carries substantially greater weight in all evaluations of districting plans than efforts to limit county subdivisions. Thus, any county which has a population above the ideal population per district will almost certainly be divided into two or more districts in a system which employs single-member districts. And at times it may be appropriate and/or necessary to subdivide other counties with lesser numbers of residents to achieve compliance with the equal population criterion. The 1992 congressional districts in North Carolina divided 44 off the state's 100 counties (Webster 1995). The 1998 congressional districts reduce this number to 23, a 48% percent decline in the number of county divisions. Thus, from the perspective of county divisions, the 1998 districts are superior to the 1992 districts on this criterion. The building block units used to delineate congressional districts differ between states. While some states rely on 10 census units such as blocks or tracts, others use voting districts or precincts (Raburn and Leib 1994: 23). Seventy-nine of North Carolina's 100 counties are subdivided by voting precincts which follow the boundaries of other units of census geography such as blocks or tracts. It should be a goal of districting plans to avoid subdividing voting precincts wherever possible. If these units are subdivided by district boundaries, additional polling units or ballot forms may be required. Such changes typically lead to voter confusion and frustration. As of October 1, 1996, there were a total of 2,531 election precincts in the state of North Carolina. The 1992 districts divided 80 precincts. The 1998 districts reduce this number to only 2. Thus, the 1998 districts are superior to the 1992 districts in their minimal number of voter precinct divisions. Of the 31 counties which do not include census voter precincts, only one (Beaufort County) is not allocated to a congressional district in its entirety. This division employed township boundaries which are vastly superior to the use of census blocks or tracts which may have little significance to human patterns of interaction or governance. 4) Geographic Compactness. Background Unlike the equality of population criterion, the geographic compactness criterion has no foundation in the U.S. Constitution. But it has long been viewed as a legitimate criterion for 11 evaluating redistricting plans, and is included as a goal in approximately half of all state constitutions. The state of North Carolina is not among those states legally requiring that the members of legislative bodies be elected from compact districts (Grofman 1985). But given recent Supreme Court decisions, the compactness criterion has received renewed attention. There is substantial legal and academic disagreement over the value of mandating districts be compact. First, requiring compact districts does not guard against the political or racial manipulation of electoral space. The geographic resolution and quality of the data now provided by the census in conjunction with the increasing sophistication of computer technology may allow compact districts to be delineated which are also directly discriminatory to a population group. Thus, while irregularly shaped districts may suggest manipulation, highly compact districts may also be intentionally detrimental to a population group (see both Morrill 1981, and Grofman 1985). Second, in the real-world perfectly compact districts are an impossibility. Most compactness indices assume that an optimal district will be a perfect circle, the most compact of geometric shapes. But if circles were employed to subdivide the space of a jurisdiction, some of the jurisdiction's area would not be allocated to districts, but be left in the gaps between circles. Thus, circular districts are an unrealistic abstraction without direct application to real-world circumstances. 12 Third, the building blocks of redistricting plans, blocks, block groups, tracts, or voting precincts, are frequently delineated by streets and are oftentimes square or rectangular in shape. The shapes of these building blocks therefore largely precludes circular districts from being formed. A fourth concern limiting real world compactness is the constitutional criterion of equality of population discussed above. It is of substantially greater legal necessity to comply with this criterion than to create perfectly compact districts. To meet this constitutional criterion map makers may be forced to create districts of less than perfect compactness. As stated by Professor Morrill (1981: 22): A too simplistic application of . . . geographic compactness measures is foolish, especially where the distribution of the population is uneven, perhaps strung out along roads or railroads. Travel may be easier and cheaper in some directions than others, such that an elongated district astride a major transportation corridor might in fact be the most compact in the sense of minimum travel time for a representative to travel around the district. In short, it must be stressed that legislators represent people, and the distribution of the population on the landscape is substantially uneven. Given this unevenness it is largely an impossibility to create districts which are perfectly compact and 13 include equal numbers of people. Finally, there are a host of different geographic compactness measures available (see Niemi, et al., 1990 for a description of 24 different measures). In general these methods concentrate on a district's perimeter, areal dispersion, or population distribution in their design. Two compactness measures are used in the present report, both of which are now among the most commonly recognized and applied by legal and academic scholars. Their elevated recognition is due largely to their calculation and application in a 1993 Michigan Law Review article by Richard Pildes and Richard Niemi. Both authors are among the most recognized authorities on redistricting and the courts in the United States today. The purpose of their article was to measure the compactness of all congressional districts in the United States existing in 1993 in such a manner as to parallel the discussion in the Supreme Court's decision in Shaw v. Reno (1993). Adding to the relevance of this article and its methods was its citation in Bush v. Vera, 1996, as supporting evidence for the Supreme Court's findings that three congressional districts in Texas were unconstitutional. The first measure is based on the geographic "dispersion" of a district. To calculate this measure a circle is circumscribed around a district. The reported coefficient is the proportion of the area of the circumscribed circle which is also included in the district and ranges from 1.0 (most compact) to 0.0 (least 14 compact). The second measure is based upon the calculation of the "perimeter" of the district. The reported coefficient is the proportion of the area in the district relative to a circle with the same perimeter and ranges from 1.0 (most compact) to 0.0 (least compact). | Pildes and Niemi( 1993: 564) provide some guidance on the evaluation of both measures. With respect to the dispersion compactness measure, they suggest "low" is equal to or less than 0.15. On the perimeter compactness measure they suggest that "low" is equal to or less than 0.05. By suggesting these guidelines they caution that "we do not imply that all districts below those points, or only those districts, are vulnerable after Shaw." These cutoff points are therefore best characterized as general guidelines and they should not be employed as absolute indicators of acceptable or unacceptable levels of compactness. Supporting their statement is the fact that in 1538 ten congressional districts in the U.S. are below the 0.05 benchmark on the perimeter measure (e.q., New York's 12th (0.021) and Texas' 6th (0.027)), and 13 are below the 0.15 benchmark on the dispersion measure (e.g., Florida's 22nd (0.0331) and California's 36th (0.042)). Instructive Comparisons In addition to the compactness scores for each of North Carolina's congressional districts, additional scores were 15 calculated for hypothetical and real-world units. The purpose for calculating these additional scores is to provide comparisons for the evaluation of the compactness scores for North Carolina's congressional districts. Thus, Figure 3 displays a square circumscribed by a circle. While most would visually evaluate a square district as a highly compact, the geographic dispersion score for the square is .640, and its perimeter compactness score is .785. Similarly, Figure 4 displays a rectangle circumscribed by a circle. Again, while most viewers would visually evaluate a rectangular district as substantially compact, the dispersion compactness of the rectangle is .431 and its perimeter compactness is .641. Table 2 provides further comparisons in tabular format. Among those units for which the two compactness indicators were calculated are Camden, Davie and Swain counties, the cities of Greensboro, Charlotte and Winston-Salem, and two precincts each in the cities of Greensboro, Charlotte, and Winston-Salem. These additional comparisons are indicative of the contrast in levels of the two compactness measures for the same jurisdiction, the perimeter compactness measure generally being lower in magnitude for real world geographic or political units. Thus while Charlotte's dispersion compactness measure is quite high at .571, its perimeter compactness coefficient is much lower at 0.079. Similar contrasts in the magnitudes of the two coefficients were also found to characterize both Greensboro and Winston-Salem. The purpose for calculating the selected compactness 16 Figure 3 Compactness of a Square {1 Area of Square = 16 square inches Perimeter of Square = 16 inches Area of Circle = 25 square inches Perimeter of Circle = 17.741 inches Dispersion Compactness = .640 Perimeter Compactness = .785 Figure 4 Compactness of a Rectangle 8T Area of Rectangle = 10 square inches Perimeter of Rectangle = 14 inches Area of Circle = 23.21 square inches Perimeter of Circle = 17.074 inches Dispersion Compactness = .431 Perimeter Compactness = .641 Table 2 Comparator Compactness Indicators for Geographic Units in North Carolina Geographic Dispersion Perimeter Unit Compactness Compactness North Carolinax* 0.268 0.382 Selected Counties: Camden County* 0.173 0.242 Davie County=* 0.540 0.410 Swain County#* 0.321 0.265 Selected Cities: Greensboro 0.444 0.113 Charlotte* 0.571 0.079 Winston-Salem 0.548 0.075 Precincts in Greensboro: Number 119 0.297 0.173 Number 139 0.289 0.207 Precincts in Charlotte: Number 10X2 0.179 0.212 Number 195 0.154 0.213 Precincts in Winston-Salem: Number 1439 0.211 0.199 Number 1446 0.184 0.114 *Units for which there are accompanying figures. Source: Compactness measure coefficients calculated by University of Alabama Cartography Lab using U.S. Bureau of the Census TIGER Files. 19 Figure 5 North Carolina Dispersion Compactness = .268 Perimeter Compactness = .382 IC Dispersion Compactness = .173 Perimeter Compactness = .242 Figure 6 ~ Camden County, North Carolina. <C Dispersion Compactness = .540 Perimeter Compactness = .410 Figure 7 ‘Davie County, North Carolina Figure 8 ~ Swain County, North Carolina ee £C Dispersion Compactness = .321 Perimeter Compactness = .265 mtr et —— i ———— Figure 9 _ City of Charlotte ve Dispersion Compactness = .571 Perimeter Compactness = .079 ® » coefficients of precincts in the three cities is to demonstrate the constraints posed by the building-block units used by the State of North Carolina in delineating its congressional districts. On the dispersion compactness measure the coefficients range from a low of 0.154 to a high of 0.297 (Table 2). On the perimeter compactness measure the scores range from a low of 0.114 to a high of 0.213. These measures are significant because building-block units of relatively low compactness will generally result in districts of less compactness than districts composed of highly compact building-block units. Compactness of North Carolina's Congressional Districts In 1992 the mean dispersion compactness of North Carolina's twelve congressional districts was 0.280, with the range being from a low of 0.045 for district 12 to a high of 0.440 for district 6 (Table 3). The mean level of dispersion compactness for the 1998 districts increased to 0.354. While the 12th District continued to be the lowest among the state's 12 congressional districts, it increased to 0.109. District 7 had the greatest level of dispersion compactness at 0.622. It should be noted that District 7's level of compactness is nearly that of the square displayed in Figure 3. In 1992 the mean level of perimeter compactness for North Carolina's twelve districts was 0.095 (Table 3). The perimeter compactness coefficients ranged from a low of 0.014 for the 12th district to a high of 0.319 calculated for the 4th district. The 25 Table 3 Compactness of North Carolina Congressional Districts as Existing in 1992 and 19982 1998 Disper.®? Pperim.€ 1992 District Disper.®? perim.C .254 «247 «350 .398 .136 .440 .287 .334 .281 «299 .288 . 045 .028 .061 . 055 +319 .080 .092 +052 .166 .070 .061 «143 .014 317 .407 .407 .450 .206 .362 .622 «345 «292 .402 «335 .109 «107 +176 129 «277 «130 «113 +325 +255 +193 «259 .306 .041 Mean .280 . 095 .354 .192 SOURCE: Compactness measures for 1992 districts were calculated by Election Data Services. Compactness measures for the 1998 districts were calculated by the University of Alabama Cartography Lab. 2 Both the "dispersion" and "perimeter" compactness measures are discussed in Pildes and Niemi (1993). This article was cited in the Supreme Court's plurality decision in Bush v. Vera (June, 1996) as providing substantiation for its ruling that Texas congressional districts 18, 29 and 30 were unconstitutional. The comparable indices for the three Texas districts prior to the decision were as follows: District 18: dispersion .3s, perimeter .01. District 29: dispersion .19, perimeter .01. District 30: dispersion .24, perimeter .02. Perimeter measures are typically of lesser magnitude than dispersion scores. In 1993, 13% of all congressional districts had perimeter scores below .10. In 1998 9% of all districts are below .10 on the perimeter compactness measure. This measure ranges from 0.0 (least compact) to 1.0 (most compact). To calculate this measure the district is first circumscribed by a circle. The coefficient is the percentage of the area in the circumscribed circle which is also contained in the district. © This measure ranges from 0.0 (least compact) to 1.0 (most compact). To calculate this measure the perimeter of the district is first calculated. The area of a circle with this perimeter is then calculated. The reported coefficient is the proportion of the area in the district relative to the circle. The equation used is (((4 X Pi) X Area of District) / (District's Perimeter YX) mean level of perimeter compactness for the 1998 districts is 0.192. These coefficients tages from a low of 0.041 for the state's 12th district to a high 0.325 for the 7th district. Table 4 presents the absolute and percentage change in the levels of compactness on both the dispersion and perimeter measures for North Carolina's 12 congressional districts. The average district in North Carolina increased its level of dispersion compactness by 0.075 or 39.1%. The increase in the level of District 12th's dispersion compactness was greatest at 142.2%. District 6's level of dispersion compactness actually fell by nearly 18 percent. This finding underscores that changes in one district very frequently lead to changes in other districts, and the direction of such successive impacts will not necessarily be in the desired direction. The average level of perimeter compactness for the state's 1998 districts is also well above what existed in 1992 (Table 4). The mean district's level of compactness rose 0.097 or nearly 172%. District 7's increase nas the greatest at 525%. District 4's perimeter compactness fell by over 13%. North Carolina Compared to Other States In addition to North Carolina, other states have made adjustments in their congressional districts since 1992. Table 5 compares the means for both compactness scores in 1992 and 1998 for the state's of North Carolina, Florida, Georgia and Texas. These coefficients are invaluable because they suggest the degree 27 Table 4 Change in Compactness of North Carolina Congressional Districts as Existing in 1992 and 19982 District Change in Compactness No. Dispersion Perimeter Absolute Percent Absolute Percent 1 +.063 +24.8% +.079 +282.1% 2 +.160 +64.8% ++3115 +188.5% 3 +,057 +16.3% +.074 +134.5% 4 +.052 +13.1% -.042 -13.2% 5 +.070 +51.5% +.050 +62.5% 6 -, 078 17.7% +.021 +22.8% 7 +.335 +116.7% +.273 +525.0% 8 +,011 +3.3% +.089 +53.6% 9 +.011 +3.9% +.123 +175.7% 10 +.103 +34.4% +.,198 +324.6% 11 +.047 +16.3% +.,163 +114.0% 12 +.064 +142.2% +.027 +192.8% Mean +.,075 +39.1% +.007 +171.9% SOURCE: Calculated by author from data ‘in Table 3s @ Both the "dispersion" and "perimeter" compactness measures are discussed in Pildes and Niemi (1993). See Table 3 for definitions of measures. 28 Table 5 Increase in North Carolina Congressional District Compactness in Comparison to Florida, Georgia and Texas Mean Dispersion Mean Perimeter Compactness Absolute Percent Compactness Absolute Percent State 1992 1998 Change Change 1992 1998 Change Change North Carolina .280 .354 © +0.074 26.4% . 095 .192 +0.097 102.1% (N=12) Florida .314 «323 +0.009 2.9% .203 .207 +0.004 2.0% (N=23) Georgia .347 .400 +0.053 15.3% .181 .272 +0.091 50.3% (N=11) Texas .310 322 +0.012 3.9% «131 .164 +0.033 25.2% (N=30) SOURCE: Calculated by author. 29 of change impacting all districts within each state. In short, the redrawing of a single district may impact most other districts in a state. Thus, while North Carolina's 12th district was a primary focus of legal challenges, no district in the state was left untouched by the changes to its design. North Carolina's mean dispersion compactness coefficient is 0.354 for the 1998 districts, higher than both Florida and Texas (Table 5). Its mean dispersion compactness rose by 0.074, or 26.4% between the 1992 and 1998 plans. This mean increase in compactness was the greatest of the four states examined. North Carolina's mean perimeter compactness coefficient is 0.192 for the 1998 districts, higher than that for Texas (0.164) and similar to that calculated for Florida (0.207) (Table 5). In terms of absolute change, North Carolina's mean level of perimeter compactness rose from 0.095 to 0.192, or by 0.097. In terms of both absolute and percentage change, this level of increase was the greatest among the four states examined, doubling the percentage increase of second place Georgia. Table 6 specifically compares the levels of compactness for North Carolina's 12th congressional district with other successfully challenged districts in Florida, Georgia and Texas. As can be ascertained from the table, the increase in the 12th district's level of dispersion compactness is second only to Georgia's 11th district among the seven examined. While the 12th district experienced the smallest level of increase among the seven districts examined on the perimeter compactness measure, 30 State Table 6 Increase in Congressional District Compactness of Selected® Congressional Districts in Florida, Georgia and Texas Dispersion Compactness 1992 1998 Absolute Change Percent Change Perimeter Compactness 1992 1998 Absolute Change Percent Change North Carolina District Florida District Georgia District District a2 3 2 11 0.045 0.111 0.323 0.169 0.136 0.541 0.444 +0.064 +0.025 +0.218 +0.275 +142.2% $22.5 0.014 0.011 0.088 0.065 0.041 0.050 0.411 0.259 +0.027 +0.039 +0.323 +0.194 +192.9% +354.5 +367.0 +298.5 Texas District 18 0.356 0.335 -0.021 0.011 0.151 +0.140 + +1,272.7 District 29 0.194 0.384 +0.190 0.008 0.178 +0.170 '+2,125.0 District 30 0.243 0.383 +0.140 +57.6 0.016 0.180 +0.164 +1,025.0 SOURCE: Calculated by author. 8 North Carolina's 12th District was ruled unconstitutional on June 13, 1996. Florida's 3rd District was ruled unconstitutional on April 17th, 1996. Georgia's 11th District was ruled unconstitutional on June 29th, 1995, and its 2nd District was found likewise on October 30, 1995. Texas' 18th, 29th and 30th Districts were ruled unconstitutional on June 13th, 1996. its increase was substantial at 192.9%. The levels of compactness for North Carolina's twelve districts are substantially increased in the 1998 districts as compared to the 1992 districts. Thus, the system as a whole experienced a substantial increase in compactness. At present eleven of the state's twelve districts are above the benchmarks suggested by Niemi and Pildes (1993) as indicative of "low" compactness. While the 12th congressional district's level of compactness remains below the benchmarks, its level of increase is comparable to the redrawn districts in other states. Secondly, and in reference to the quote from Professor Morrill on page 13, evaluations of the 12th district's geographic compactness should also consider its travel time compactness. Travel times are rarely a direct function of straight line distances. Rather the available travel modes and directness of traffic corridors between points must also be considered. Thus it is highly probable that the time needed for the 12th district's representative to travel to meet constituents at opposite ends of the district is substantially less than in many other more geographically compact districts. 5)Continuity of Representation. It is counterproductive to fundamentally alter the system of districts in a state each time new districts are delineated. Wholesale change may lead to voter confusion and frustration, and thus non-participation. While the goal of preserving the 32 integrity of the district system may be difficult if a state has experienced substantial population growth in the decennial districting cycle, boundary "stability helps to develop and maintain a sense of identity with districts" (Morrill 1981: 27). The goal of maximizing the continuity of representation is particularly important when changes occur in the middle of the normal decennial redistricting cycle. Thus the voters of the state of North Carolina have now experienced two significant changes to their district association in the past seven years, with a third necessarily coming for the 2002 election cycle. It is clear that the 1998 congressional districts are significantly different from those employed in the elections of 1992, 1994, and 1996. It is also clear that effort was expended to maintain the geographic cores of the 1992 districts in the 1998 remap. Table 7 presents the proportion of each district's area in 1992 which remains in the 1998 districts. On average 76.4% of the area in each of the state's twelve districts in 1992 was preserved in the 1998 districts. This proportion ranges from a high of 96.7% for the 11th district to a low of 41.6% for the 12th district. Thus, the 12th district was more dramatically redrawn than any other district in the state. By comparison, when Florida's 3rd district was redrawn under similar Circumstances, 48.4% of the area of the early 1990s district was preserved in the current district (see Figures 10 and 11). The changes created by the redrawing of North Carolina's congressional districts also shifted one-quarter of the state's 33 Table 7 Proportion of Area in 1992 Districts That Remains in the 1998 Districts Percentage of 1992 Area That Remains in District # the 1998 Districts 3 65.3% 2 70.3% 3 75.2% 4 75.5% 5 66.3% 6 81.8% 7 88.3% 8 86.9% o 90.0% 10 79.4% il 896,7% 32 41.6% Mean | 76.4% SOURCE: Calculated by the University of Alabama Cartography Laboratory. 34 Figure 10 Florida District 3, 1992 7% 3 Dispersion Compactness = .111 Perimeter Compactness = .010 9¢ Figure 11 Florida District 3, 1998 fer ih = A ] Dispersion Compactness = .136 Perimeter Compactness = .049 o » population to a different district, a very substantial movement of the population between districts even for a decennial redistricting (Table 8). The impact on individual districts ranged from a low of 7.6% of District 11's population being shifted, to a high of 40.5% for District 2's population. Districts 1,2, 4, 3, and.12 all had more than 30% of their residents shifted to another district in the 1998 remap. Clearly, such substantial shifts from one representative to another can be unsettling for many constituents. Attention to balancing the legal necessity for change with the interests of those represented is appropriate in all districting cycles, but most particularly for those changes in the middle of the normal decennial cycle. The changes in the 1998 districts as compared to the 1992 districts cannot be characterized as minimal. Rather I would characterize the change as moderate because attention was paid to maintaining the geographic cores of the 1992 districts (I would characterize extreme change as a plan that paid no heed to the existing geographic cores of the former districts). Thus, on this criterion I evaluate the efforts of those producing the remap favorably because of their balance in complying with the June 1996 court order while preserving a moderate level of continuity of representation for residents of the state's twelve congressional districts. Table 8 Population Shifts from 1992 Districts in the Drawing of the 1998 Districts=* Number of People Percentage of 1992 Shifted from District Population District # 1992 District Shifted 1 180,984 32.8% 2 223,685 40.5% 148,886 26.9% 194,395 35.2% 177,687 32.2% 143,065 25.9% 155,585 28.2% 81,410 14.7% 53,587 118,426 42,110 174,471 Total 1,694,291 (25.6% of state's Mean 141,191 *Based upon the 1990 Census of Population. SOURCE: Provided by North Carolina Attorney General's Office. Conclusions The purpose of this report was to examine the twelve 1998 congressional districts in the state of North Carolina from the perspective of five traditional redistricting criteria. Where appropriate the current districts were compared with those first used in the 1992 congressional elections. The findings of this report are summarized below. 1) Equal Population. The total deviation of the 1998 districts is 0.270%, well below the generally accepted guideline of less than 1.0%. Thus the present districts are evaluated positively on this criterion. 2) Contiguity. All twelve of North Carolina's 1998 districts are contiguous and are therefore evaluated positively on this criterion. Secondly, the level of contiguity in the 1998 districts is substantially increased over that existing in the 1992 districts, particularly as this criterion relates to the 6th and 12 districts. Thus, when considering the change between the 1992 and 1998 districts, the current plan is evaluated very favorably. 3)The Allocation of Local Government or Electoral Units. The 1998 districts reduce the number of divided counties from 44 in 1992 to 23 at present. This is a substantial reduction and the present plan is therefore evaluated favorably from this perspective. Secondly, the 1998 districts effectively employed voting precincts as building blocks with only 2 of the 2,351 39 census defined precincts in .the state being divided. Of the 31 counties not subdivided by census defined voting precincts, only one was divided in the districting process. In this case (Beaufort County), township boundaries were used, which are far better building blocks than census blocks or tracts. 4) Geographic Compactness. The level of compactness determined for the 1998 districts is substantially improved over that existing in the 1992 districts. At present only the 12th congressional district is marginally below the suggested guidelines for judging "low" compactness. But such judgements should also consider the rate of change for the 12th, which was found here to be very substantial and in line with the magnitude of change experienced for other districts ordered redrawn by the court system. Secondly, the 12th's level of compactness is similar to other existing districts not under challenge (e.q., Florida's 22nd, see Figure 12). Finally, Professor Morrill's 1981 argument that elongated districts which center upon transportation corridors may be highly compact in terms of travel time is pertinent. 5)Continuity of Representation. The redrawing of North Carolina's congressional districts in 1997 introduced substantial change in the state's system of representation. On average, 24% of the area in the 1992 districts was allocated to a different district on the 1998 map. Most dramatic was the impact upon the 12th congressional district - the 1998 district includes only 42% of the original area of the 1992 district. Similarly, nearly 26% 40 17 Figure 12 Florida District 22, 1998 ST 5 oi : ge Dispersion Compactness = .033 Perimeter Compactness = .047 fo a yg of North Carolina's population was moved to a different district in the 1998 plan as compared to the 1992 map. The magnitude of this change is substantial, most particularly in a mid-decennial redrawing of the state's congressional districts. In short, those undertaking the remap appear to have sought balance between the necessity of district boundary change and the preservation of representational continuity. 42 References Butler, D. and Cain, B. (1992), Congressional Redistricting: Comparative and Theoretical Perspectives, New York, NY: MacMillan. Cain, B. (1984). The Reapportionment Puzzle. Berkeley: University of California Press. Dixon, R. G. (1982), "Fair Criteria and Procedures for Establishing Legislative Districts," in B. Grofman, A. Lijphart, R. B. McKay, and H. A. Scarrow eds., Representation and Redistricting Issues, PP. 7-19. Lexington, Mass. : Lexington Books. Duncan, P. D., and Lawrence, C. C. (1997), Politics in America, 1998: The 105th Congress, Washington, D.C.: Congressional Quarterly. Grofman, B. (1985), "Criteria for Redistricting: A Social Science Perspective," UCLA law Review, 33: 77-184. Grofman, B (1993), "Would Vince Lombardi Have Been Right If He Had Said, 'When It Comes to Redistricting, Race Isn't Everything, Its the Only Thing'?," Cardozo Law Review, 14: 1237-1276. Grofman, B., Handley, L., and Niemi, R. GC. (1992), Minority Representation and the Quest for Voting Equality, Cambridge, NY: Cambridge University Press. Morrill, R. L. (1981), Political Redistricting and Geographic Theory, Washington, D.C.: Association of American Geographers. Morrill, R. L. (1982), "Redistricting Standards and Strategies After Twenty Years," Political Geography Quarterly, 1: 361-369. Morrill, R. L. (1987), "Redistricting, Region, and Representation," Political Geography Quarterly, 6: 241-260. Morrill, R. L. (1994), "Electoral Geography and Gerrymandering: Space and Politics," in G. J. Demko and W. B. Wood eds., Reordering the World, PP. 101-119, Boulder, CO: Westview Press. Niemi, R. G., Grofman, B., Carlucci, C. and Hofeller, T. (1990), "Measuring Compactness and the Role of a Compactness Standard in a Test for Partisan and Racial Gerrymandering," Journal of Politics, 52(4): 1155-11381. Pildes, R. H. and Niemi, R. GC. (1993), "Expressive Harms, "Bizarre Districts," and Voting Rights: Evaluating Election- District Appearances After Shaw V. Reno," Michigan Law Review, 92 (3): 483-587, 43 Raburn, R., and Leib, J. I. (1994). "Congressional District Building Blocks: Choice and Impact in the 1990s," Comparative State Politics, 15(2): 17-27. Webster, G. R. (1984), "The Spatial Reorganization of County Boundaries in Kentucky," Southeastern Geographer, 24(1): 14-29. Webster, G. R. (1995), "Congressional Redistricting in the Southeastern U.S. in the 1990s," Southeastern Geodrapher, 35(1): 1-21. APPENDIX 45 | Figure A-1 North Carolina District 1, 1992 —_— Dispersion Compactness = .254 Perimeter Compactness = .028 Figure A-2 North Carolina District 2, 1992 Dispersion Compactness = .247 Perimeter Compactness = .061 Figure A-3 North Carolina District 3, 1992 Dispersion Compactness = .350 Perimeter Compactness = .055 Dispersion Compactness = .398 Perimeter Compactness = .319 Figure A-4 _Norih Carolina District 4, 1992 Figure A-5 ~ North Carolina District 5, 1992 i] Dispersion Compactness = .136 Perimeter Compactness = .080 Figure A-6 _ North Carolina District 6, 1992 Dispersion Compactness = .440 Perimeter Compactness = .092 Dispersion Compactness = .287 Perimeter Compactness = .052 Figure A-7 North Carolina District 7, 1992 Figure A-8 _ North Carolina District 8, 1992 irr ~——— — Dispersion Compactness = .334 Perimeter Compactness = .166 Figure A-9 North Carolina District 9, 1992 Dispersion Compactness = .281 Perimeter Compactness = .070 Figure A-10 North Carolina District 10, 1992 Dispersion Compactness = .299 Perimeter Compactness = .061 Figure A-11 North Carolina District 11, 1992 Dispersion Compactness = .288 Perimeter Compactness = .143 Figure A-12 North Carolina District 12, 199 — ——— — —— —_— Lert pd — Dispersion Compactness = .045 Perimeter Compactness = .014 Figure A-13 ‘North Carolina District 1, 1998 Dispersion Compactness = .317 Perimeter Compactness = .107 Dispersion Compactness = .407 Perimeter Compactness = .176 N Figure A-14 i orth Carolina District 2, 1998 a ———————————————————— Figure A-15 _ North Carolina District 3, 1998 Lh ar Te — rr so og Dispersion Compactness = .407 Perimeter Compactness = .129 Dispersion Compactness = .450 Perimeter Compactness = .277 Figure A-16 North Carolina District 4, 1998 I = a ne Ei ~~ _ Dispersion Compactness = .206 Perimeter Compactness = .130 North Carolina District Figure A-17 Fi NE tes b A998. Figure A-18 Dispersion Compactness = .362 Perimeter Compactness = .113 Figure A-19 . North Carolina District Zz 1998 Dispersion Compactness = .622 Perimeter Compactness = .325 Figure A-20 te i 2 gh Dispersion Compactness = .345 Perimeter Compactness = .255 ———— Figure A-21 North Carolina District 9. HE gh 1908. TE Se, Dispersion Compactness = .292 Perimeter Compactness = .193 Figure A-22 _ North Carolina District 10, 1998 pe a il Dispersion Compactness = .402 Perimeter Compactness = .259 Figure A-23 North Carolina District 11, 1998 Dispersion Compactness = .335 Perimeter Compactness = .306 Figure A-24 North Carolina District 12, 1998 — oe Dispersion Compactness = .109 Perimeter Compactness = .041 —— ee Qualifications, Publications and Compensation. My vita accompanies this report, and lists my qualifications and all publications. My hourly fee is $100. Testimony in Court or by Deposition in the past five years: Dillard v City of Greensboro, Alabama (M.D. AL) Cannon v Durham County Board of Elections, (E.D. NC) Dillard v Baldwin County Commission (M.D. AL) Stovall et al., v City of Cocoa, et al. (M.D. FL) Rice v Bennett (Montgomery (AL) Co. Cir. Ct.) Signed: Lewd dL tL Gerald R. Webster, Ph.D. Professor of Geography University of Alabama Date: fer Wd #4