Michigan Republican Party Files Lawsuit Against New Independent Redistricting Commission

On August 22, the Michigan Republican Party filed a federal lawsuit against the new Michigan redistricting commission. Michigan Republican Party v Benson, w.d., 1:19cv-669. The case is assigned to U.S. District Court Judge Janet T. Neff, a Bush Jr. appointee.

The complaint says the party does not oppose the idea of a redistricting commission, but it objects to the Michigan commission because it calls for four Republican members, four Democratic members, and five members who are neither. The Republican Party says that commission members self-identify with their party. Michigan does not have registration by party. The lawsuit argues that if the Republican Party is going to be represented by four commissioners, then the party should have input into who those four Republicans will be. Thanks to Rick Hasen for the link.


Comments

Michigan Republican Party Files Lawsuit Against New Independent Redistricting Commission — 19 Comments

  1. 1/2 or less votes x 1/2 gerrymander districts

    [aka political concentration camps – with or without nazi electric fences]

    [HOWEVER determined – by hacks, robots, Mars folks, dice rolls, etc.]

    = 1/4 or less CONTROL

    = ANTI-Democracy OLIGARCHY.

    Much, much, much worse primary math

    — about 5-15 percent REAL Control by special interest gangs

    or even by ONE or a small few — depending on amount of Dictatorship control of candidates

    [see 1926-1933 Hitler control of nominees in Germany for German parliament].

    Too many math MORONS to count since 1962-1964 gerrymander cases.

    PR and AppV and TOTSOP

  2. The MI gerrymander commission scheme was based on the CA gerrymander commission scheme.

    CONTROL the comm members = CONTROL gerrymander RESULTS = CONTROL the LAWS.

    LAWS of, by and for the OLIGARCHS — esp govt spending laws — who gets N-E-T $$$ from Govts

    ie the 5 GOVT LOOTER Gangs – with their gangster bosses.

  3. Unlike in California, where there is a deliberate attempt to attempt to get competent people, the commissioners will be chosen by lot. Half will be from random solicitations from the SOS asking people if they want to fill out an application.

    There is a draft application on the SOS website. There is an optional question asking applicants why they identify as a Republican or Democrat that might be used by legislative leaders to evaluate them. Legislative leaders are permitted a limited number of strikes. It’s an optional question so I’m not going to answer it.

    The Michigan redistricting commission looks like a train wreck that only the LWV and Eric Holder could love.

  4. This is not random at all. The SoS will choose the people not matter how they try to spin in. She is a Democrat, so of course the so called independents will be favorable to Democrats.

    I hope this lawsuit strikes this down.

  5. JR–

    also add ACLU, Common Cause and esp DNC gerrymander command to the train wreck PLOT.

    One more VAST LEFT-wing conspiracy – in response to the VAST RIGHT-wing conspiracy since 1865.

    PR and AppV and TOTSOP

  6. Demorep is against clueless math MORONS — esp if they are hired guns regime hack lawyers —

    ie tools of the *Donkey/Elephant* gerrymander oligarchs.

    Read post ONE again above.

    AUTOMATIC gerrymander math RESULT with single member districts.

    Basic PR – WHATEVER the Districts —-

    Party Members = Party Votes x [[[ Total Members / Total Votes ]]]

    Difficult ONLY for MATH MORONS and/or PARTY HACKS
    – esp who failed 3rd grade fractions math and 9th grade Algebra math.

  7. 1963 Mich Const, as amended Nov 2018

    https://www.legislature.mi.gov
    left side
    Laws- Const >> link to pdf

    Art IV, Sec. 6 – bit long – mere 22 subparts — to be totally deceptive


    (1) qualifications and DIS-qualifications — part of court case.

    (2) Commissioners shall be selected through the following process:
    (a) The secretary of state shall do all of the following:
    (i) Make applications for commissioner available to the general public not later than January 1 of the year
    of the federal decennial census. The secretary of state shall circulate the applications in a manner that invites
    wide public participation from different regions of the state. The secretary of state shall also mail applications
    for commissioner to ten thousand Michigan registered voters, selected at random, by January 1 of the year of
    the federal decennial census.
    (ii) Require applicants to provide a completed application.
    (iii) Require applicants to attest under oath that they meet the qualifications set forth in this section; and
    either that they affiliate with one of the two political parties with the largest representation in the legislature
    (hereinafter, “major parties”), and if so, identify the party with which they affiliate, or that they do not affiliate
    with either of the major parties.
    (b) Subject to part (2)(c) of this section, the secretary of state shall mail additional applications for
    commissioner to Michigan registered voters selected at random until 30 qualifying applicants that affiliate
    with one of the two major parties have submitted applications, 30 qualifying applicants that identify that they
    affiliate with the other of the two major parties have submitted applications, and 40 qualifying applicants that
    identify that they do not affiliate with either of the two major parties have submitted applications, each in
    response to the mailings.
    (c) The secretary of state shall accept applications for commissioner until June 1 of the year of the federal
    decennial census.
    (d) By July 1 of the year of the federal decennial census, from all of the applications submitted, the
    secretary of state shall:
    (i) Eliminate incomplete applications and applications of applicants who do not meet the qualifications in
    parts (1)(a) through (1)(d) of this section based solely on the information contained in the applications;
    (ii) Randomly select 60 applicants from each pool of affiliating applicants and 80 applicants from the pool
    of non-affiliating applicants. 50% of each pool shall be populated from the qualifying applicants to such pool
    who returned an application mailed pursuant to part 2(a) or 2(b) of this section, provided, that if fewer than 30
    qualifying applicants affiliated with a major party or fewer than 40 qualifying non-affiliating applicants have
    applied to serve on the commission in response to the random mailing, the balance of the pool shall be
    populated from the balance of qualifying applicants to that pool. The random selection process used by the
    secretary of state to fill the selection pools shall use accepted statistical weighting methods to ensure that the
    pools, as closely as possible, mirror the geographic and demographic makeup of the state; and
    (iii) Submit the randomly-selected applications to the majority leader and the minority leader of the senate,
    and the speaker of the house of representatives and the minority leader of the house of representatives.
    (e) By August 1 of the year of the federal decennial census, the majority leader of the senate, the minority
    leader of the senate, the speaker of the house of representatives, and the minority leader of the house of
    representatives may each strike five applicants from any pool or pools, up to a maximum of 20 total strikes by
    the four legislative leaders.
    (f) By September 1 of the year of the federal decennial census, the secretary of state shall randomly draw
    the names of four commissioners from each of the two pools of remaining applicants affiliating with a major
    party, and five commissioners from the pool of remaining non-affiliating applicants.

    How much REAL *random* stuff ???

  8. LANGUAGE OF THE SCHEME WRITTEN BY THE CHIEF RED COMMUNIST LAWYER IN THE DNC OR IN THE CA RED COMMUNIST DONKEY PARTY ???

    — AFTER DECADES OF RED COMMUNIST COMMITTEE MEETINGS SINCE 1964 SCOTUS GERRYMANDER OPS ???

    ANOTHER VERY UN-LUCKY 13 GROUP ???

  9. Yes I have read it. I just don’t believe what it says. This is partisan politics after all. I would never put blind faith in the government.

  10. @DR,

    Michigan has 6.5 million (active) registered voters. 10,000 of those is 1/650. Or 1649 in Wayne County, and 6 in Luce. How does Michigan select jury pools?

    Now it is possible that the SOS will go through the 10,000 selected and mess up the addresses so some never get invited, or modify the invitation. “You may have to attend hearings in Flint, so only apply if you are willing and able to put in the effort.” But I doubt that will happen.

    The SOS will send out more until there are 100 applications, including 30D, 30R, and 40N. It is also anticipated that there will be 100 applicants from general outreach.

    There will be self-selection bias. And some applicants may mistate their party affiliation. Surely there are voters who pick the box of the more interesting gubernatorial or senatorial race, and then loyally vote the party line in November and think of themselves as independent. If they didn’t pick a party box, they’d be stuck voting for judges. Some will put a fake affiliation. And you only have to swear that you aren’t a Democrat nor a Republican. If you are a Constitution or Communist party affiliate you aren’t a Democrat or Independent.

    I have no idea how many persons will apply. California has about 16,000 applicants, but there is substantial merit selection. If you think you have merit you will apply in California. If you think you are good at the lottery you will apply in Michigan. Based on population, you might expect 4,500 applicants.

    But Michigan is not going to get 2200 applicants from their 10,000 random mailings. It would not surprise me if they only had a couple hundred apply (2%).

    But the law requires 100 of the final 200 to be from this pool, so there is a good chance of getting picked from this group, especially if you fit the partisan or demographic profile.

    The legislative party leaders get 5 strikes each out of the 200. While there aren’t public records of party affiliation, political parties have a very good idea. You don’t win elections by spending hours trying to convince a voter to flip, you get those who will vote for your party to actually vote. But with only 10 strikes, do you attempt to get rid of the hyperpartisan Democrats, or the stealth Democrats in the independent and Republican pools or vice versa?

    The final 13 will be randomly selected from those 180-200.

    13 is much too small of a sample to be representative. Let’s imagine that 1/6 of the pool of 200 is from Wayne County. There is about a 10% chance that there will be no commissioners from Wayne County, though you would expect a little more than 2.

    You are likely to have an imbalanced commission rather than 4 robust, but fair Republicans, and 4 robust but fair Democrats, and 5 impartial independents.

  11. The gang of 13 will be getting NONSTOP bribes / death threats.

    The schemes hacks should just have had

    101 or 1001 random registered Voters [who voted in recent election] [IDS kept SECRET]

    to rig the maps

    — akin to required Jury service or Militia service — with standard exemptions – health, dependents, etc.

    BUT– NO gerrymander commissions are needed.


    PR and AppV and TOTSOP

  12. JR –
    400 plus Mich law sections regarding juries

    2 more main below – [about same in ALL States ???]

    600.1307a Qualifications of juror; exemptions; effect of payment for jury service; “felony” defined.
    Sec. 1307a.
      (1) To qualify as a juror, a person shall meet all of the following criteria:
      (a) Be a citizen of the United States, 18 years of age or older, and a resident in the county for which the person is selected, and in the case of a district court in districts of the second and third class, be a resident of the district.
      (b) Be able to communicate in the English language.
      (c) Be physically and mentally able to carry out the functions of a juror. Temporary inability shall not be considered a disqualification.
      (d) Not have served as a petit or grand juror in a court of record during the preceding 12 months.
      (e) Not have been convicted of a felony.
      (2) A person more than 70 years of age may claim exemption from jury service and shall be exempt upon making the request.
      (3) A nursing mother may claim exemption from jury service for the period during which she is nursing her child and shall be exempt upon making the request if she provides a letter from a physician, a lactation consultant, or a certified nurse midwife verifying that she is a nursing mother.
      (4) For the purposes of this section and sections 1371 to 1376, a person has served as a juror if that person has been paid for jury service.
      (5) For purposes of this section:
      (a) “Certified nurse midwife” means an individual licensed as a registered professional nurse under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, who has been issued a specialty certification in the practice of nurse midwifery by the board of nursing under section 17210 of the public health code, 1978 PA 368, MCL 333.17210.
      (b) “Felony” means a violation of a penal law of this state, another state, or the United States for which the offender, upon conviction, may be punished by death or by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.
      (c) “Lactation consultant” means a lactation consultant certified by the international board of lactation consultant examiners.
      (d) “Physician” means an individual licensed by the state to engage in the practice of medicine or osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

    
History: Add. 1978, Act 11, Imd. Eff. Feb. 8, 1978 ;– Am. 1986, Act 104, Eff. Jan. 1, 1987 ;– Am. 2002, Act 739, Eff. Oct. 1, 2003 ;– Am. 2004, Act 12, Eff. June 1, 2004 ;– Am. 2012, Act 69, Eff. May 1, 2012
    —–
    600.1310 Voter registration lists and combined driver’s license and personal identification cardholder list; procurement; alternatives; costs.

    Sec. 1310.
      (1) The secretary of state shall transmit annually before April 15 to the clerk of each county at no expense a full, current, and accurate copy of a list that combines the driver’s license list and personal identification cardholder list pertaining to persons residing in the county. At the request of the board before March 1, the secretary of state shall transmit only a first jury list consisting of the names and addresses of persons selected at random, based on the total number of jurors required as submitted to the secretary of state by the board, using electronic or other mechanical devices. Upon request, the secretary of state shall furnish additional lists to any federal, state, or local governmental agency, other than the clerk of each county, for the purpose of jury selection. An agency which requests and receives a list shall reimburse the secretary of state for actual costs incurred in the preparation and transmittal of the list and all reimbursements shall be deposited in the state general fund.
      (2) If an agency uses electronic or mechanical devices to carry out its duties, the agency may request and receive a copy of the combined driver’s license and personal identification cardholder list on any electronically produced medium under specifications prescribed by the secretary of state. The secretary of state shall establish specifications standardizing the size, format, and content of media utilized to transmit information used for jury selection.
    
History: Add. 1968, Act 326, Eff. Nov. 15, 1968 ;– Am. 1969, Act 326, Eff. Sept. 1, 1969 ;– Am. 1986, Act 104, Eff. Jan. 1, 1987 ;– Am. 2004, Act 12, Eff. June 1, 2004

  13. @DR,

    You no doubt are familiar with a jury wheel. It is a large drum in which you place a card with each voters name on it, and then rotate the drum hopefully shuffling the cards, and then draw out the cards to pick a jury panel. For a felony, 60 or 100 might be drawn, for capital murder, 100s.

    In voir dire the potential jurors are questioned. If they indicate they have a prejudice, or know some of the litigants, they can be excused. The lawyers can also make strikes for no reason.

    But in Michigan, the panel will simply be pulled out of a hat. It is totally naive that the 13 chosen will be representative. Those who concocted the idea never had statistics 101.

    You have no doubt heard about a DA being able to get a grand jury to indict a ham sandwich. Michigam may produce a hamsandwichmander. What are all those green skinny strips, they look like shredded lettuce. What is that white substance oozing out? Is it real mayo? It looks like my tap water. That white bread is not very diverse.

    The commission is going to be extremely susceptible to being led by the legal advisors and other experts.

    I would actually use something like your idea. Let interested persons submit possible plans that meet certain criteria, the chief of which is to avoid splitting counties or cities, while approaching equality of numbers of adult citizen. Then choose a very large panel of ordinary decent citizens (exclude lawyers and politicians, but include felons)

    Each panelist would be shown a map of their district in each of the plans, which they would rank. Presumably most persons would pick the districts which are most representative of their community at least in their minds.

    The ranking of their districts in each plan would form their ranking of the overall plan.

    Use Condorcet to determine the consensus best plan.

    Then take each district under the overall consensus, and see if the panelists in that district are reasonably content. If they are repulsed, there could be some recursion.

    The SOS can handle all the submission of plans, and clerical work and selecting the myriad of panelists.

  14. 1/2 or less votes x 1/2 gerrymander districts

    [aka political concentration camps – with or without nazi electric fences]

    [HOWEVER determined – by hacks, robots, Mars folks, dice rolls, etc.]

    = 1/4 or less CONTROL

    = ANTI-Democracy OLIGARCHY.

    RED communist Democrats will attempt to crack R suburbs in metro Detroit — lettuce / bacon districts – few blocks wide [perhaps ONE census tract wide] and miles long – from Detroit River north.

    Same with other ghetto olde central cities – Pontiac, Flint, Muskegon, etc.

  15. @DR,

    The Michigan plan is particularly susceptible to those types of hamsandwichmanders.

    While compactness and consideration of political boundaries, those are of the lowest priority.

    Detroit will have a population about equal to a congressional district. Logically you would start with Detroit, and add in the Grosse Pointe’s, Highland Park, and Hamtramck, and Highland Park, and trim off area on the west end to get to near the desired population.

    The shredded lettuce won’t reflect community of interests, but will be claimed to be necessary for compliance with the VRA. One would expect that an area with common cultural or historical characteristics, or economic interests would have common political beliefs. Why else do people vote the way that they do?

    How will a commission drawn out of a hat choose its staff, attorneys, experts, and consultants? The commission will be so susceptible to being influenced and overawed. What role will the SOS have as a non-voting member of the commission? What exactly is a “redistricting matter” that can only be discussed in an open meeting?

    Do you think lawyers had a hand in drafting this?

  16. JR asks-

    Do you think lawyers had a hand in drafting this?


    In RED CA or RED DC or both — 1984 book ***DECEPTION*** experts — war is peace, peace is war types ??? Duh.

    Now about 95 + {repeat 95 +) percent RED Donkey voters in Detroit – almost all non-hispanic whites moved OUT or dead since 1950 – few token whites in Detroit govt regime.

    Olde SW Detroit – a bit new home for illegal invaders from south of USA.

    Detroit on schedule to have ZERO population by 2050 — TOTAL abandonment –
    esp now to due all sorts of daily major crimes – gangs, murders, building break-ins — perfect RED communist Donkey burg.

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