US Redistricting Commissions: Nonpartisan and Bipartisan Models
The process of drawing electoral district boundaries is a critical component of American democracy. To ensure fairness and reduce political influence, several U.S. states have moved away from purely legislative control toward the use of redistricting commissions. These bodies are designed to determine how congressional and legislative districts are mapped, often operating under strict rules regarding party affiliation and member selection.
As of 2010, 21 U.S. states utilize some form of nonpartisan or bipartisan commission. Among these, 13 states rely on commissions exclusively to draw their electoral boundaries. The legality of these independent bodies was reinforced in 2015 by the U.S. Supreme Court in the case Arizona State Legislature v. Arizona Independent Redistricting Commission, which ruled that commissions operating independently of the state legislature are constitutional.
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Key Facts
- 21 states use nonpartisan or bipartisan redistricting commissions.
- 13 states use these commissions exclusively for drawing electoral boundaries.
- Bipartisan commissions reserve a substantial majority of seats for the two major political parties.
- Nonpartisan commissions either do not specify partisan makeup or reserve significant membership for independents and third parties.
- Iowa employs a unique system using nonpartisan legislative staff rather than a standard commission.
Types of Redistricting Commissions
Redistricting bodies generally fall into two categories based on their membership and goals: bipartisan and nonpartisan. While both aim to provide a structured approach to boundary drawing, their compositions differ significantly.
Bipartisan Commissions
Bipartisan commissions are structured so that the two major political parties hold the majority of the seats. These commissions often use a "tie-breaker" or a chair selected by the other members to resolve deadlocks. Examples include Arizona, Hawaii, Idaho, Montana, New Jersey, and Washington.
Nonpartisan Commissions
Nonpartisan commissions are designed to limit the influence of the two major parties. This is achieved either by leaving the partisan makeup unspecified or by reserving seats specifically for political independents or third-party members. California is a prominent example, utilizing a mix of Democrats, Republicans, and members from neither party.
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Detailed State Commission Frameworks
The jurisdiction and selection processes for these commissions vary by state. Some handle both congressional and legislative districts, while others focus solely on state-level legislative boundaries.
| State | Jurisdiction | Type | Members | Legal Authority |
|---|---|---|---|---|
| Arizona | Congressional & Legislative | Bipartisan | 5 | Constitution Art. 4, pt. 2, § 1 |
| California | Congressional, Legislative, BoE | Non-partisan | 14 | Constitution Article XXI |
| Idaho | Congressional & Legislative | Bipartisan | 6 | Constitution Article III, § 2 |
| Alaska | Legislative Only | Non-partisan | 5 | Constitution Article 6 |
| Missouri | Legislative Only | Bipartisan | 10 (Senate) / 18 (House) | Constitution Article III, § 2 & § 7 |
The Unique Case of Iowa
Iowa stands apart from all other states. It does not use a commission or the legislature to draw maps. Instead, nonpartisan legislative staff develop the boundaries without access to political or election data, including the addresses of incumbents. A five-person advisory commission is formed, and the resulting maps are presented to the Iowa legislature for a simple "Up" or "Down" vote. If the legislature rejects the plans three times, the Iowa Supreme Court intervenes.
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Other Redistricting Models
Beyond full commissions, some states use hybrid or backup systems:
- Advisory Committees: Maine and Vermont use committees to provide guidance rather than final decisions.
- Backup Commissions: Connecticut, Illinois, Mississippi, Oklahoma, and Texas have commissions that only activate if the standard legislative process fails to produce a plan.
Frequently Asked Questions
What is the difference between a bipartisan and nonpartisan commission?
A bipartisan commission reserves a substantial majority of its membership for the two major political parties. A nonpartisan commission either does not specify partisan makeup or reserves a significant portion of its seats for independents or third-party members.
Is the use of independent redistricting commissions legal?
Yes. In 2015, the U.S. Supreme Court ruled in Arizona State Legislature v. Arizona Independent Redistricting Commission that commissions independent of the state legislature are constitutional.
How does Iowa's redistricting process differ from other states?
Iowa uses nonpartisan legislative staff to draw maps without using political or incumbent data. The legislature then votes on these maps in a binary "Up" or "Down" fashion, rather than drawing the maps themselves or using a commission.
Which states use backup redistricting commissions?
Connecticut, Illinois, Mississippi, Oklahoma, and Texas utilize backup commissions that only step in if the usual legislative redistricting efforts fail.
Do all commissions handle both congressional and legislative districts?
No. Some commissions, such as those in Alaska, Arkansas, Colorado, Missouri, Ohio, and Pennsylvania, are responsible for legislative redistricting only.