Download - Brianne Murphy Redistricting Testimony
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8/3/2019 Brianne Murphy Redistricting Testimony
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I am submitting this written testimony to supplement the
oral testimony I provided at the NY State Legislative Task
Force on Demographic Research and Reapportionment hearing
held in Syracuse, New York on July 19, 2011. I would again
like to thank you for holding the first hearing on this
very important topic in Syracuse; and for the opportunityto provide transparent commentary on the issue of
redistricting.
My testimony focuses on what and who should be considered
in drawing political boundaries; the unique characteristics
of Central New York which warrant the preservation of this
community as a voting bloc; and provides commentary on
recent political and legal developments related to
redistricting. I have purposely kept my commentary concise.
It is critical that any and all redistricting result in
fair and equitable voting districts. There is a long
history of expensive legal challenges against gerrymandered
districts that Onondaga County should strive to avoid. An
excellent example is seen in the 1992 Fund for Accurate and
Independent Representation vs. Weprin 796 F. Supp. 662
(N.D. N.Y. 1992), a time consuming exercise that brought to
light many of the issues we are hoping to avoid today.
While the courts ruled that the redistricting in question
was permitted to stand, there should not have even been an
appearance of inequality in the district. Onondaga Countycan ill afford the time and expense required for these
legal challenges; particularly as Central New York has been
repeatedly targeted for redistricting in the past 50 years.
Despite New Yorks long and rich history of acrimonious and
partisan politicking at the expense of voters; the New York
State Constitution remains silent on objective criteria for
drawing Congressional District boundaries, and instead
leaves unfettered discretion to the legislature.
Nonetheless, we are not without meaningful guidance on thisissue, as the New York Constitution outlines several
criteria for drawing the state legislative district
boarders, specifically:
Compactness (source: Constitution) Contiguity (source: Constitution)
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Follow county, town and city block boundaries whenpracticable (source: Constitution)
Nest Senate and House districts if possible (source:Constitution)
Additionally, in 2010, Central New Yorks own Senator,
Senator David J. Valesky sponsored independent
redistricting reform legislation, S. 660-2011/A5602-2011
entitled: Establishes apportionment commission to create
apportionment plans for congressional and state legislative
districts based on federal censuses; which outlines key
criteria to ensure fair and nonpartisan redistricting. The
legislation is supported by the leading good government
organizations and reform advocates in New York, including
former New York City Mayor Edward Koch, and Bill Samuels of
the New Roosevelt Initiative. The bill states in pertinentpart:
All apportionment plans would be drawn according to the
following principles:
- all congressional district shall be as nearly equal in
population as practicable;
- districts shall be contiguous;
- districts shall not be established that abridge or deny
minority voting rights;
- districts shall not be drawn to favor or oppose any
political party, incumbent, or candidates for office;
- the most and least populous senate and assembly districts
shall not exceed the mean population of districts for each
house by more than
one percent;
- counties and county subdivisions shall not be divided in
the formation of districts, and where it is unavoidable,
more populous counties or subdivisions will be divided in
preference to those with smaller populations;
- villages shall not be divided;- districts shall be as compact as possible; and
- districts shall unite communities of interest.
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As such, my testimony focuses on the following six key
concepts of fair redistricting:
First: Equal Population
Equal population should be a major consideration before any
type of redistricting. Onondaga County and the City of
Syracuse have experienced negligible changes in population,
and should thus be minimally impacted by redistricting. A
substantial change would be contrary to the census results.
Moreover, with over 400,000 residents, Onondaga County
alone makes up more than 50% of the population required for
a single Congressional District.
Second:Geographic Continuity
Districts need to be geographically contiguous. While an
obvious and logical consideration, the concept has often
been stretched, resulting in creatively drawn districts
delineated arbitrarily and illogically.
Third:Natural Geographic Borders
Districts ought to reflect existing geographic divides and
boundaries. New York is a diverse geographic state with
much of our agriculture and economic development linked tothe nature of the territory. The same holds true here in
Onondaga County and the City of Syracuse where we are
Central New York, a hub, located in the middle of the
State. Central New York and Onondaga County stand out as a
crossroads for New York State transportation and commerce.
Our district must be contiguous geographic entities whose
borders represent census blocks, not constructs of
convenience designed to benefit incumbency.
Fourth: Respecting Communities of Interest
Districts should be structured so they do not carve up
neighborhoods or separate groups of people living in an
area that have similar interests, which is particularly
relevant in areas, such as Syracuse and Onondaga County, as
they share close geography, social and economic interests
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including transportation and regional economic development.
Onondaga County has considerable momentum building a
positive future that is inclusive of our city, spreading
out to our county and towns in great part because of our
bipartisan political leadership at the County and City
level. Syracuse is a significant part of our county'sidentify, our community's identify and a significant center
for Central New York.
Fifth: Protecting Minority Voting Rights
No district shall be drawn for the denial or abridgement of
minority rights. Central New York encompasses an array of
socio-economic people. Just as we cannot divide communities
of common interest, we must be vigilant to avoid
disenfranchising ethnic and minority groups. It must be apriority of the redistricting that there be no abridgment
of any voter ability to cast a ballot in a fair and
equitable manner.
Fifth: The avoidance of Partisan Gerrymandering
We must avoid drawing lines solely for the purpose of
favoring any political party or incumbent. Redistricting
must not be used to favor incumbents; the new
apportionments must be made based on logic and law.
Political and Legal Considerations
In addition to addressing the key concepts of fair
redistricting and the unique characteristics of Onondaga
County, I want to raise recent political and legal
developments in New York State relating to redistricting.
In the two and a half months since the hearing in Syracuse,
two such developments come to mind.
The first is the result of the September 13, 2011 SpecialElection in New Yorks 9
th Congressional District, and more
notably the political commentary surrounding it. In the
immediate aftermath of the surprise Republican victory,
political speculation raised significant questions about
its potential impact on the future of NYs 25th,
specifically how Representative Turners victory would
complicate redistricting. This sort of speculative
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commentary based on rumor, conjecture, backroom deals and
partisan politics emphasizes the need for an independent,
transparent and nonpartisan redistricting process. The
election result in New Yorks 9th Congressional District has
no place in the redistricting process; bipartisan does not
mean nonpartisan.
Secondarily, on September 22, 2011 the State of New York
Board of Elections filed its second application for a
waiver of the 2009 Military and Overseas Voter Empowerment
(MOVE) Act Amendment to avoid moving its primary date for
2012, citing the redistricting process for its inability to
meet MOVE Act requirements. To quote:
New York State is unable to meet the 45-day pre-primary
election and the 45-day pre-general election ballotdelivery requirement in 2012 necessary for compliance with
the Military and Overseas Voter Empowerment (MOVE) Act
(Pub. L. No 11-84 Subtitle H), attributable to an undue
hardship due to a late primary. Specifically, even if the
States primary date is shifted as the result of ongoing
negotiations between the Legislature and the Governors
Office, New York States redistricting process in 2012 and
the short time frame leading up to any newly selected
primary date will render it extremely difficult, if not
virtually impossible, to administer the numerous elections
in 2012 in an orderly fashion and in compliance with theMOVE Act. [Emphasis added] See New York State 2012 Waiver
Application to the Federal Voting Assistance Program.
The undisputed, very laudable and important purpose of the
2009 MOVE Act Amendment, or the time to vote provision is
to ensure sufficient time for military and special federal
voters, thus allowing the ballots to be received and
counted. In its argument to support its request for a
waiver, the New York State Board of Elections cited
concerns of a lengthy and possibly litigious redistrictingprocess as rendering compliance with the time to vote
provision nearly impossible. While I recognize that this
issue does not fall within LATFORs immediate jurisdiction,
I nonetheless raise it, as I hope each of you recognize
your duty to prevent the voting rights of our families
serving overseas from becoming collateral damage to a
prolonged political battle over partisan redistricting.
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In Conclusion
The Greater Syracuse Area and Onondaga County share common
regional, economic, social and geographic interests, goalsand resources which warrant the preservation of this
community of interest along county lines to provide
citizens, organizations and government agencies streamlined
access to their Federal representatives. Segmenting the
Central New York hub area, Onondaga County could derail the
political social and economic progress and goals achieved
for the people in this county over the years. Syracuse, New
York is a center and needs to retain its radius of
influence and direct association around it. The reality is
that census reapportionment and highly politicizedredistricting will result in diluting the vote of Central
New Yorkers in Congress.
We cannot allow political interests to further marginalize
voters in Central New York, with creatively drawn districts
to protect incumbents; or extended political infighting to
marginalize our families serving overseas. Given the
current economic crisis facing our region, we cannot afford
to lose another voice in Congress. I urge each of you who
have the ability to influence redistricting, to recognize
the privilege and opportunity bestowed on you by thepeople; to base your decisions on population rather than
political popularity; and draw these lines to ensure that
all New Yorkers are represented.
Thank you.
Brianne Murphy, Candidate for Congress in NYs 25th
Congressional District.