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Gerrymandering, (/ˈdʒɛrimændərɪŋ/JERR-ee-man-dər-ing, originally/ˈɡɛrimændərɪŋ/GHERR-ee-man-dər-ing)[1][2] defined in the contexts ofrepresentative electoral systems, is the political manipulation ofelectoral district boundaries to advantage aparty, group, orsocioeconomic class within the constituency.
The manipulation may involve "cracking" (diluting the voting power of the opposing party's supporters across many districts) or "packing" (concentrating the opposing party's voting power in one district to reduce their voting power in other districts).[3] Gerrymandering can also be used to protectincumbents. Wayne Dawkins, a professor atMorgan State University, describes it as politicians picking their voters instead of voters picking their politicians.[4]
The termgerrymandering is aportmanteau of asalamander andElbridge Gerry,[a][5]Vice President of the United States at the time of his death, who, asgovernor of Massachusetts in 1812, signed a bill that created a partisan district in theBoston area that was compared to the shape of amythological salamander. The term has negative connotations, and gerrymandering is almost always considered a corruption of the democratic process. The wordgerrymander (/ˈdʒɛriˌmændər,ˈɡɛri-/) can be used both as a verb for the process and as a noun for a resulting district.[6][7]
The wordgerrymander (originally writtenGerry-mander; aportmanteau of the nameGerry and the animalsalamander) was used for the first time in theBoston Gazette[b] on 26 March 1812 inBoston, Massachusetts,United States. This word was created in reaction to a redrawing ofMassachusetts Senate election districts under GovernorElbridge Gerry, laterVice President of the United States. Gerry, who personally disapproved of the practice, signed a bill that redistrictedMassachusetts for the benefit of theDemocratic-Republican Party. When mapped, one of the contorted districts in the Boston area was said to resemble a mythologicalsalamander.[8] Appearing with the term, and helping spread and sustain its popularity, was apolitical cartoon depicting a strange animal with claws, wings and a dragon-like head that supposedly resembled the oddly shaped district.
The cartoon was most likely drawn byElkanah Tisdale, an early-19th-century painter, designer, and engraver who lived in Boston at the time.[9] Tisdale had the engraving skills to cut the woodblocks to print the original cartoon.[10] These woodblocks survive and are preserved in theLibrary of Congress.[11] The creator of the termgerrymander, however, may never be definitively established. Historians widely believe that theFederalist newspaper editorsNathan Hale and Benjamin and John Russell coined the term, but there is no definitive evidence as to who created or uttered the word for the first time.[12]
The redistricting was a notable success for Gerry's Democratic-Republican Party. In the1812 election, both theMassachusetts House andgovernorship were comfortably won byFederalists, losing Gerry his job, but the redistricted state senate remained firmly in Democratic-Republican hands.[8]
The wordgerrymander was reprinted numerous times in Federalist newspapers in Massachusetts,New England, and nationwide for the rest of 1812.[13] This suggests an organized activity by the Federalists to disparage Gerry in particular and the growing Democratic-Republican party in general.Gerrymandering soon began to be used to describe cases of district shape manipulation for partisan gain in other states. According to theOxford English Dictionary, the word's acceptance was marked by its publication in a dictionary (1848) and in an encyclopedia (1868).[14] Since the eponymousGerry is pronounced with ahard g/ɡ/ as inget, the wordgerrymander was originally pronounced/ˈɡɛrimændər/, but pronunciation as/ˈdʒɛrimændər/, with a soft g/dʒ/ as ingentle, has become dominant. Residents ofMarblehead, Massachusetts, Gerry's hometown, continue to use the original pronunciation.[15]
From time to time, other names have been suffixed with-mander to tie a particular effort to a particular politician or group. Examples are the 1852 "Henry-mandering", "Jerrymander" (referring to California GovernorJerry Brown),[16] "Perrymander" (a reference to Texas GovernorRick Perry),[17][18] "Tullymander" (after the Irish politicianJames Tully),[19] and "Bjelkemander" (referencing Australian politicianJoh Bjelke-Petersen).
Gerrymandering's primary goals are to maximize the effect of supporters' votes and minimize the effect of opponents' votes. A partisan gerrymander's main purpose is to influence not only the districting statute but the entire corpus of legislative decisions enacted in its path.[20]
These can be accomplished in a number of ways:[21]
These tactics are typically combined in some form, creating a few "forfeit" seats for packed voters of one type in order to secure more seats and greater representation for voters of another type. This results in candidates of one party (the one responsible for the gerrymandering) winning by small majorities in most of the districts, and another party winning by a large majority in only a few.[27] Any party that endeavors to make a district more favorable to voting for it based on the physical boundary is gerrymandering.
Gerrymandering is effective because of thewasted vote effect.Wasted votes are votes that did not contribute to electing a candidate, either because they were in excess of the number needed for victory or because the candidate lost. By moving geographic boundaries, the incumbent party packs opposition voters into a few districts they will already win, wasting the extra votes. Other districts are more tightly constructed, with the opposition party allowed a bare minority count, thereby wasting all the minority votes for the losing candidate. These districts constitute the majority of districts and are drawn to produce a result favoring the incumbent party.[28]
A quantitative measure of the effect of gerrymandering is theefficiency gap, computed from the difference in the wasted votes for two different political parties summed over all the districts.[29][30] Citing in part an efficiency gap of 11.69% to 13%, a U.S. District Court in 2016 ruled against the 2011 drawing ofWisconsin legislative districts. In the 2012 election for the state legislature, that gap in wasted votes meant that one party had 48.6% of the two-party votes but won 61% of the 99 districts.[31]
The wasted vote effect is strongest when a party wins by narrow margins across multiple districts, but gerrymandering narrow margins can be risky when voters are less predictable. To minimize the risk of demographic or political shifts swinging a district to the opposition, politicians can create more packed districts, leading to more comfortable margins in unpacked ones.
Some political science research suggests that, contrary to common belief, gerrymandering does not decrease electoral competition and can even increase it. Some say that, rather than packing the voters of their party into uncompetitive districts, party leaders tend to prefer to spread their party's voters into multiple districts so that their party can win more races.[32] (See scenario(c) in the box.) This may lead to increased competition. Instead of gerrymandering, some researchers find that other factors, such as partisan polarization and the incumbency advantage, have driven the recent[when?] decreases in electoral competition.[33] Similarly, a 2009 study found that "congressional polarization is primarily a function of the differences in how Democrats and Republicans represent the same districts rather than a function of which districts each party represents or the distribution of constituency preferences."[34]
One state in which gerrymandering has arguably had an adverse effect on electoral competition is California. In 2000, a bipartisan redistricting effort redrew congressional district lines in ways that all but guaranteed incumbent victories; as a result, California saw only one congressional seat change hands between 2000 and 2010. In response to this obvious gerrymandering, a 2010 referendum in California gave the power to redraw congressional district lines to theCalifornia Citizens Redistricting Commission, which had been created to draw California State Senate and Assembly districts by a 2008 referendum. In stark contrast to the redistricting efforts that followed the 2000 census, the redistricting commission has created a number of the most competitive congressional districts in the country.[35]
The effect of gerrymandering for incumbents is particularly advantageous, as they are far more likely to be reelected under conditions of gerrymandering. For example, in 2002, according to political scientistsNorman Ornstein andThomas Mann, only four challengers were able to defeat incumbent members of the U.S. Congress, the lowest number in modern American history.[36] Incumbents are likely to be of the majority party orchestrating a gerrymander, and are usually easily renominated in subsequent elections, including incumbents among the minority.
Mann, a Senior Fellow of Governance Studies at theBrookings Institution, has also noted that "Redistricting is a deeply political process, with incumbents actively seeking to minimize the risk to themselves (via bipartisan gerrymanders) or to gain additional seats for their party (via partisan gerrymanders)".[37] The bipartisan gerrymandering Mann mentions refers to the fact that legislators often draw distorted legislative districts even when doing so does not give their party an advantage.
Gerrymandering of state legislative districts can effectively guarantee an incumbent's victory by "shoring up" a district with higher levels of partisan support, without disproportionately benefiting a particular political party. This can be highly problematic from a governance perspective, because forming districts to ensure high levels of partisanship often leads to higher levels of partisanship in legislative bodies. If a substantial number of districts are designed to be polarized, then those districts' representation will also likely act in a heavily partisan manner, which can create and perpetuate partisan gridlock.
Gerrymandering can thus have a deleterious effect on the principle of democratic accountability. With uncompetitive seats/districts reducing the fear that incumbent politicians may lose office, they have less incentive to represent their constituents' interests, even when those interests conform to majority support for an issue across the electorate as a whole.[citation needed] Incumbent politicians may look out more for their party's interests than for those of their constituents.[citation needed]
Gerrymandering can affect campaign costs for district elections. If districts become increasingly stretched out, candidates may incur higher costs for transportation andcampaign advertising across a district.[38] The incumbent's advantage in campaign fundraising is another benefit of having a gerrymandered seat.
Gerrymandering also has significant effects on therepresentation voters receive in gerrymandered districts. Because gerrymandering can be designed to increase the number of wasted votes among the electorate, the relative representation of particular groups can be drastically altered from their actual share of the voting population. This effect can significantly prevent a gerrymandered system from achieving proportional anddescriptive representation, as the winners of elections are increasingly determined by who is drawing the districts, rather than the voters' preferences.
Gerrymandering may be advocated to improve representation within the legislature among otherwise underrepresented minority groups by packing them into a single district. This can be controversial, as it may lead to those groups' remaining marginalized in the government as they become confined to a single district. Candidates outside that district no longer need to represent them to win elections.
As an example, much of the redistricting conducted in the U.S. in the early 1990s involved the intentional creation of additional "majority-minority" districts where racial minorities such as African Americans were packed into the majority. This "maximization policy" drew support from both the Republican Party (which had limited support among African Americans and could concentrate its power elsewhere) and by minority representatives elected as Democrats from these constituencies, who then had safe seats.
The 2012 election provides a number of examples of how partisan gerrymandering can adversely affect the descriptive function of states' congressional delegations. In Pennsylvania, for example, Democratic candidates for the House of Representatives received 83,000 more votes than Republican candidates, yet the Republican-controlled redistricting process in 2010 resulted in Democrats losing to their Republican counterparts in 13 of Pennsylvania's 18 districts.[39]
In the seven states where Republicans had complete control over the redistricting process, Republican House candidates received 16.7 million votes and Democratic House candidates received 16.4 million. The redistricting resulted in Republican victories in 73 out of the 107 affected seats; in those seven states, Republicans received 50.4% of the votes but won in over 68% of the congressional districts.[40] While it is but one example of how gerrymandering can have a significant effect on election outcomes, this kind of disproportional representation of the public will seems problematic for the legitimacy of democratic systems, regardless of one's political affiliation.
InMichigan, redistricting was conducted by a Republican legislature in 2011.[41] Federal congressional districts were designed so that cities such asBattle Creek,Grand Rapids,Jackson,Kalamazoo,Lansing, andEast Lansing were separated into districts with large conservative-leaning hinterlands that diluted the Democratic votes in those cities in Congressional elections.[41]
Gerrymandering can also be done to help incumbents as a whole, effectively making every district a packed one and greatly reducing the potential for competitive elections. This is particularly likely to occur when the minority party has significant obstruction power: unable to enact a partisan gerrymander, the legislature instead agrees to ensure its own reelection.
In an unusual occurrence in 2000, for example, the two dominant parties in the state of Californiacooperatively redrew both state and federal legislative districts to preserve the status quo, insulating the incumbents from unpredictable voting. This move proved completely effective, as no state or federal legislative office changed party in the2004 election, although 53 congressional, 20 state senate, and 80 state assembly seats were potentially at risk.
In 2006, the term "70/30 district" came to signify the equitable split of two evenly split (i.e. 50/50) districts. The resulting districts gave each party a guaranteed seat and retained their respective power base.
Since the first handshake deal in 1981, whereby Republicans informally controlled the state senate redistricting process and Democrats informally controlled the state assembly redistricting process, New York has experienced some of the nation's least competitive legislative elections. One study by the Brennan Center for Justice at New York University Law School found that over one ten-year period, as many members of the state legislature died in office as were defeated in elections. More than 99% of the incumbents contesting a primary or general election won their races.[42]
Prison-based gerrymandering occurs when prisoners are counted as residents of a district, increasing its population with non-voters when assigning political apportionment. This phenomenon violates the principle ofone person, one vote because, although many prisoners come from (and return to) urban communities, they are counted as "residents" of the rural districts that contain large prisons, artificially inflating the political representation in districts with prisons at the expense of voters in districts without them.[43] Others contend that prisoners should not be counted as residents of their original districts when they do not reside there and arenot legally eligible to vote.[44][45]
US States Michigan, Colorado, Virginia, and Tennessee have all passed laws that restrict prison-based gerrymandering. In 2014 Massachusetts passed a resolution that asked the Census Bureau to stop counting incarcerated people as residents in the district they are incarcerated in. Pennsylvania also voted to redraw districts in a way that avoids prison-based gerrymandering.[46]
Due to the perceived issues associated with gerrymandering and its effect on competitive elections and democratic accountability, numerous countries have enacted reforms making the practice more difficult or less effective. Countries such as the UK, Australia, Canada and most of those in Europe have transferred responsibility for defining constituency boundaries to neutral or cross-party bodies. In Spain, they are constitutionally fixed since 1978.[47]Openparty-list proportional representation makes gerrymandering obsolete by erasing district lines and empowering voters to rank a list of candidates any party puts forth. This method is used in Austria, Brazil, Sweden, and Switzerland.[citation needed]
In the U.S., such reforms are controversial and face particularly strong opposition from groups that benefit from gerrymandering. In a more neutral system, they might lose considerable influence.
The most commonly advocated electoral reform proposal targeted at gerrymandering is to change the redistricting process. Under these proposals, an independent and presumably objective commission is created specifically for redistricting, rather than having the legislature do it.
This is the system used in the UK, where independentboundary commissions determine the boundaries forconstituencies in theHouse of Commons and thedevolved legislatures, subject to ratification by the body in question (almost always granted without debate). A similar situation exists in Australia, where the independentAustralian Electoral Commission and its state-based counterparts determine electoral boundaries for federal, state and local jurisdictions.
To help ensure neutrality, members of a redistricting agency may be appointed from relatively apolitical sources, such as retired judges or longstanding members of the civil service, possibly with requirements for adequate representation among competing political parties. Additionally, members of the board can be denied information that might aid in gerrymandering, such as the demographic makeup or voting patterns of the population.
As a further constraint,consensus requirements can be imposed to ensure that the resulting district map reflects a wider perception of fairness, such as a requirement for a supermajority approval of the commission for any district proposal. But consensus requirements can lead to deadlock, as occurred inMissouri following the 2000 census. There, the equally numbered partisan appointees were unable to reach consensus in a reasonable time, and so the courts had to determine district lines.
In the U.S. state ofIowa, the nonpartisan Legislative Services Bureau (LSB, akin to theU.S. Congressional Research Service) determines electoral district boundaries. Aside from satisfying federally mandated contiguity and population equality criteria, the LSB mandates unity of counties and cities. Consideration of political factors such as location of incumbents, previous boundary locations, and political party proportions is specifically forbidden. Since Iowa's counties are chiefly regularly shapedpolygons, the LSB process has led to districts that follow county lines.[36]
In 2005, the U.S. state ofOhio had a ballot measure to create an independent commission whose first priority was competitive districts, a sort of "reverse gerrymander". A complex mathematical formula was to be used to determine the competitiveness of a district. The measure failed voter approval chiefly due to voter concerns that communities of interest would be broken up.[48]
In 2017, RepresentativeJohn Delaney submitted theOpen Our Democracy Act of 2017 to theU.S. House of Representatives as a means to implement nonpartisan redistricting. It ultimately did not pass.[49]
Many redistricting reforms seek to remove partisanship to ensure fairness in the redistricting process. TheI-cut-you-choose method achieves fairness by putting the two major-parties in direct competition. I-cut-you-choose is afair division method to divide resources amongst two parties, regardless of which party cuts first.[50] This method typically relies on assumptions of contiguity of districts but ignores all other constraints such as keeping communities of interest together. This method has been applied to nominal redistricting problems[51] but it generally has less public interest than other types of redistricting reforms. The I-cut-you-choose concept was popularized by the board game Berrymandering. Problems with this method arise when minor parties are shut-out of the process which will reinforce thetwo-party system. Additionally, while this method is provably fair to the two parties creating the districts, it is not necessarily fair to the communities they represent.
When a single political party controls both legislative houses of a state during redistricting, both Democrats and Republicans have displayed a marked propensity for couching the process in secrecy; in May 2010, for example, theRepublican National Committee held a redistricting training session inOhio where the theme was "Keep it Secret, Keep it Safe".[52] A 2012 investigation by TheCenter for Public Integrity reviewed every state's redistricting processes for both transparency and potential for public input, and ultimately assigned 24 states grades of either D or F.[53]
In response to these types of problems, redistricting transparency legislation has been introduced toUS Congress a number of times in recent years, including the Redistricting Transparency Acts of 2010, 2011, and 2013.[54][55][56] Such policy proposals aim to increase the transparency and responsiveness of the redistricting systems in the US. The merit of increasing transparency in redistricting processes is based largely on the premise that lawmakers would be less inclined to draw gerrymandered districts if they were forced to defend such districts in a public forum.
As gerrymandering relies on thewasted-vote effect, the use of a different voting system with fewer wasted votes can help reduce gerrymandering. In particular, the use ofmulti-member districts alongside voting systems establishingproportional representation such asparty-list proportional representation orsingle transferable voting can reduce wasted votes and gerrymandering. Semi-proportional voting systems such assingle non-transferable vote orcumulative voting are relatively simple and similar tofirst past the post and can also reduce the proportion of wasted votes and thus potential gerrymandering. Electoral reformers have advocated all three as replacement systems.[57]
Electoral systems with various forms of proportional representation are now found in nearly all European countries, resulting in multi-party systems (with many parties represented in the parliaments) with higher voter attendance in the elections,[58] fewer wasted votes, and a wider variety of political opinions represented.
Electoral systems with election of just one winner in each district (i.e., "winner-takes-all" electoral systems) and no proportional distribution of extra mandates to smaller parties tend to create two-party systems. This effect, labeledDuverger's law by political scientists, was described byMaurice Duverger.[59]
Another way to avoid gerrymandering is simply to stop redistricting altogether and use existing political boundaries such as state, county, or provincial lines. While this prevents future gerrymandering, any existing advantage may become deeply ingrained. TheUnited States Senate, for instance, has more competitive elections than the House of Representatives due to the use of existing state borders rather than gerrymandered districts—Senators are elected by their entire state, while Representatives are elected in legislatively drawn districts.
The use of fixed districts creates an additional problem, however, in that fixed districts do not take into account changes in population. Individual voters can come to have very different degrees of influence on the legislative process. Thismalapportionment can greatly affect representation after long periods of time or large population movements. In theUnited Kingdom during theIndustrial Revolution, several constituencies that had been fixed since they gained representation in theParliament of England became so small that they could be won with only a handful of voters (rotten boroughs). Similarly, in the U.S. theAlabama Legislature refused to redistrict for more than 60 years, despite major changes in population patterns. By 1960 less than a quarter of the state's population controlled the majority of seats in the legislature.[60] This practice of using fixed districts for state legislatures was effectively banned in the United States after theReynolds v. Sims Supreme Court decision in 1964, establishing a rule ofone man, one vote.
Another means to reduce gerrymandering is to create objective, precise criteria with which any district map must comply. Courts in the United States, for instance, have ruled that congressional districts must be contiguous in order to be constitutional.[61] This, however, is not a particularly effective constraint, as very narrow strips of land with few or no voters in them may be used to connect separate regions for inclusion in one district, as is the case inTexas's 35th congressional district.
Depending on the distribution of voters for a particular party, metrics that maximize compactness can be opposed to metrics that minimize the efficiency gap. For example, in the United States, voters registered with the Democratic Party tend to be concentrated in cities, potentially resulting in a large number of "wasted" votes if compact districts are drawn around city populations. Neither of these metrics take into consideration other possible goals,[62] such as proportional representation based on other demographic characteristics (such as race, ethnicity, gender, or income), maximizing competitiveness of elections (the greatest number of districts where party affiliation is 50/50), avoiding splits of existing government units (like cities and counties), and ensuring representation of major interest groups (like farmers or voters in a specific transportation corridor), though any of these could be incorporated into a more complicated metric.
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One method is to define a minimum district toconvex polygon ratio.[definition needed] To use this method, every proposed district is circumscribed by the smallest possible convex polygon (itsconvex hull; think of stretching a rubberband around the outline of the district). Then, the area of the district is divided[further explanation needed] by the area of the polygon; or, if at the edge of the state, by the portion of the area of the polygon within state boundaries.
The advantages of this method are that it allows a certain amount of human intervention to take place (thus solving the Colorado problem ofsplitline districting); it allows the borders of the district to follow existing jagged subdivisions, such as neighborhoods or voting districts (something isoperimetric rules would discourage); and it allows concave coastline districts, such as the Florida gulf coast area. It would mostly eliminate bent districts, but still permit long, straight ones. However, since human intervention is still allowed, the gerrymandering issues of packing and cracking would still occur, just to a lesser extent.
TheCenter for Range Voting has proposed[63] a way to draw districts by a simplealgorithm.[64] The algorithm uses only the shape of the state, the numberN of districts wanted, and the population distribution as inputs. The algorithm (slightly simplified) is:
This district-drawing algorithm has the advantages of simplicity, ultra-low cost, a single possible result (thus no possibility of human interference), lack of intentional bias, and it produces simple boundaries that do not meander needlessly. It has the disadvantage of ignoring geographic features such as rivers, cliffs, and highways and cultural features such as tribal boundaries. This landscape oversight causes it to produce districts different from those a human would produce. Ignoring geographic features can induce very simple boundaries.
While most districts produced by the method will be fairly compact and either roughly rectangular or triangular, some of the resulting districts can still be long and narrow strips (or triangles) of land.
Like most automatic redistricting rules, the shortest splitline algorithm will fail to create majority-minority districts, for both ethnic and political minorities, if the minority populations are not very compact. This might reduce minority representation.
Another criticism of the system is that splitline districts sometimes divide and diffuse the voters in a large metropolitan area. This condition is most likely to occur when one of the first splitlines cuts through the metropolitan area. It is often considered a drawback of the system because residents of the same agglomeration are assumed to be a community of common interest. This is most evident in the splitline allocation ofColorado.[65]However, in cases when the splitline divides a large metropolitan area, it is usually because that large area has enough population for multiple districts. In cases which the large area only has the population for one district, then the splitline usually results in the urban area being in one district with the other district being rural.
As of July 2007, shortest-splitline redistricting pictures, based on the results of the 2000 census, are available for all 50 states.[66]
It is possible to define a specific minimumisoperimetric quotient,[67] proportional to the ratio between the area and the square of the perimeter of any given congressional voting district. Although technologies presently exist to define districts in this manner, there are no rules in place mandating their use, and no national movement to implement such a policy. One problem with the simplest version of this rule is that it would prevent incorporation of jagged natural boundaries, such as rivers or mountains; when such boundaries are required, such as at the edge of a state, certain districts may not be able to meet the required minima. One way of avoiding this problem is to allow districts which share a border with a state border to replace that border with a polygon or semi-circle enclosing the state boundary as a kind of virtual boundary definition, but using the actual perimeter of the district whenever this occurs inside the state boundaries. Enforcing a minimum isoperimetric quotient would encourage districts with a high ratio between area and perimeter.[67]
The efficiency gap is a simply-calculable measure that can show the effects of gerrymandering.[68] It measures wasted votes for each party: the sum of votes cast in losing districts (losses due to cracking) and excess votes cast in winning districts (losses due to packing). The difference in these wasted votes are divided by total votes cast, and the resulting percentage is the efficiency gap.
In 2017, Boris Alexeev and Dustin Mixon proved that "sometimes, a small efficiency gap is only possible with bizarrely shaped districts". This means that it is mathematically impossible to always devise boundaries which would simultaneously meet certain Polsby–Popper and efficiency gap targets,[69][70][71]
Given such theoretical difficulties, a robust, however sub-optimal, anti-gerrymandering rule may be as simple as identifying all maps satisfying a rough efficiency measure, like expected outcome matching voter affiliation proportions, then choosing the one most compact.
Gerrymandering is most likely to emerge in majoritarian systems, where the country is divided into several voting districts and the candidate with the most votes wins the district. If the ruling party is in charge of drawing the district lines, it can abuse the fact that in a majoritarian system all votes that do not go to the winning candidate are essentially irrelevant to the composition of a new government. Even though gerrymandering can be used in other voting systems, it has the most significant impact on voting outcomes in first-past-the-post systems.[72] Partisan redrawing of district lines is particularly harmful to democratic principles in majoritarian two-party systems. In general, two party systems tend to be more polarized than proportional systems.[73] Possible consequences of gerrymandering in such a system can be an amplification of polarization in politics and a lack of representation of minorities, as a large part of the constituency is not represented in policy making. However, not every state using a first-past-the-post system is being confronted with the negative impacts of gerrymandering. Some countries, such as Canada and the UK, authorize non-partisan organizations to set constituency boundaries in attempt to prevent gerrymandering.[74]
The introduction of a proportional system is often proposed as the most effective solution to partisan gerrymandering.[75] In such systems, the entire constituency is being represented proportionally to their votes. Even though voting districts can be part of a proportional system, the redrawing of district lines would not benefit a party, as those districts are mainly of organizational value, except where thedistrict magnitude is small or a system which favors larger parties, such asd'Hondt, is used. For example, instead of having three districts, a single large district would exist where the top three candidates in the election would all represent the district. It would be harder to gerrymander a district where there are multiple winners from that district.
In mixed systems that use proportional and majoritarian voting principles, the usage of gerrymandering is a constitutional obstacle that states have to deal with. In mixed systems, the advantage a political actor can potentially gain from redrawing district lines is much less than in majoritarian systems. In addition, voting districts are mostly being used to avoid that elected parliamentarians are getting too detached from their constituency. The principle that determines the representation in parliament is usually the proportional aspect of the voting system. Seats in parliament are being allocated to each party in accordance to the proportion of their overall votes. In most mixed systems, winning a voting district merely means that a candidate is guaranteed a seat in parliament but does not expand a party's share in the overall seats.[76] Gerrymandering can still be used to manipulate the outcome in voting districts. In most democracies with a mixed system, non-partisan institutions are in charge of drawing district lines and gerrymandering is a less common phenomenon.
The introduction of modern computers alongside the development of elaboratevoter databases and special districting software has made gerrymandering a far more precise science. Using such databases, political parties can obtain detailed information about every household including political party registration, previous campaign donations, and the number of times residents voted in previous elections and combine it with other predictors of voting behavior such as age, income, race, or education level. With this data, gerrymandering politicians can predict the voting behavior of each potential district with an astonishing degree of precision, leaving little chance for creating an accidentally competitive district.
On the other hand, the introduction of modern computers would allow the United States Census Bureau to calculate more equal populations in every voting district that are based only on districts being the most compact and equal populations. This could be done easily using their Block Centers based on the Global Positioning System rather than street addresses. With this data, gerrymandering politicians will not be in charge, thus allowing competitive districts again.
Online web apps such asDave's Redistricting have allowed users to simulate redistricting states into legislative districts as they wish.[77][78] According to Bradlee, the software was designed to "put power in people's hands," and so that they "can see how the process works, so it's a little less mysterious than it was 10 years ago."[79]
Markov chain Monte Carlo (MCMC) can measure the extent to which redistricting plans favor a particular party or group in election, and can support automated redistricting simulators.[80]
Gerrymandering is widely acknowledged as a significant issue in electoral politics, yet proving it remains a complex challenge. Unlike clear-cut cases of voter suppression, gerrymandering often involves subtle manipulations of district boundaries that are difficult to quantify definitively. Traditional methods for detecting it rely on statistical tests and partisan symmetry measures, but these approaches face limitations in legal and computational contexts.
Prominent Research and Considerations
Past Research and Thought on Gerrymandering
Historically, research on gerrymandering was primarily focused on establishing theoretical models to understand the political manipulation of electoral maps. Early scholars emphasized the role of "partisan symmetry" and "wasted votes" as tools for identifying gerrymandering. The concept of "partisan symmetry," proposed by political scientists like Gary King and Robert M. Browning in the 1980s, posits that electoral districts should offer equal representation for political parties, ensuring that one party's vote share is translated into a proportionate number of seats. This early work laid the foundation for later mathematical models used in identifying gerrymandered maps.[81]
The introduction of computational models in the early 2000s marked a significant shift in how researchers viewed gerrymandering. In particular, the development of Monte Carlo simulations in redistricting research allowed for the creation of randomized district maps, which provided a basis for comparing actual districts with "neutral" or unbiased maps. These simulations were first used by political scientists like Moon and McDonald in 2004 to assess how likely it was that district boundaries were manipulated to favor one political party. While useful, early simulations were often criticized for their computational limitations and inability to account for the complex social and political considerations behind districting processes.[82]
Recent Developments and Evolving Perspectives
In recent years, however, there has been a surge of more advanced computational techniques to quantify gerrymandering. The development of algorithms that generate thousands of alternative district maps, such as "Redist," and their ability to compare these with actual maps has improved the precision of identifying gerrymandering.[83] These advancements go beyond the earlier focus on partisan symmetry and now incorporate various statistical measures of map compactness, efficiency gaps, and the proportionality of voting outcomes. This shift to data-driven approaches represents a significant departure from past methodologies, which often relied more on subjective legal arguments and less on objective mathematical models.
Furthermore, legal scholars have begun to acknowledge the complexities of both racial and partisan considerations in gerrymandering cases, reflecting a more nuanced understanding than in earlier decades. In the past, courts were primarily concerned with protecting minority voting rights under the Voting Rights Act of 1965, which often led to rulings based on race-focused redistricting. Recent scholarship, however, has illuminated how race and partisanship are often intertwined in redistricting decisions, making it more challenging to separate legal claims based on these two factors. Legal challenges in cases like North Carolina and Wisconsin have sparked new debates on how to approach partisan gerrymandering in the absence of a clear constitutional standard. In contrast to earlier decades, where courts were more likely to allow political considerations in redistricting, current trends show a growing sensitivity to the interplay of race, politics, and fairness.[84]
Recent Research and Scholarship (2020s)
Recent research, such as a 2025 study on empirical power analysis, examines the reliability of hypothesis testing to detect gerrymandering, demonstrating how certain conditions can lead to false negatives or inconclusive results.[85] Additionally, mathematicians like Jonathon Mattingly have been developing standardized district fairness assessments, aiming to create more precise tools for identifying gerrymandering.[86] These advancements highlight the ongoing effort to make gerrymandering easier to prove using objective, data-driven methods.
Beyond statistical modeling, legal battles continue to shape the fight against gerrymandering. A 2025 Supreme Court ruling on racial gerrymandering in Louisiana found that a congressional district had been unconstitutionally drawn to weaken Black voter influence.[87] This decision underscores the judiciary's role in addressing discriminatory redistricting, even as the Court has historically hesitated to intervene in cases of partisan gerrymandering.
Legal scholars like Michael Gentithes argue that, despite these challenges, extreme gerrymandering can still be contested through strategic litigation.[88] The evolving legal landscape suggests that while gerrymandering remains a persistent issue, courts may still serve as a check against the most egregious forms of district manipulation.
In addition to legal and mathematical approaches, policymakers are considering alternative electoral structures to mitigate gerrymandering. One proposed solution is the implementation of multi-member districts with proportional representation, which could reduce the incentives for manipulating district lines. Other discussions focus on independent redistricting commissions and algorithm-driven mapping tools to remove partisan influence from the process.[89] While proving gerrymandering remains challenging due to its technical and legal complexities, these emerging solutions offer promising avenues for creating a fairer and more representative electoral system.
Gerrymandering in its original sense should not be confused withmalapportionment, whereby the number of eligible voters per elected representative can vary widely. In Australia, however, the term was widely used to refer to malapportionment. Moreover, the-mander suffix was applied to particular malapportionments, such as thePlaymander in South Australia.
Sometimes political representatives use both gerrymandering and malapportionment to try to maintain power.[90][91] One of the earliest examples ofmalapportionment,rotten boroughs, was practiced in England from the 13th century until the1832 reform act.[92] A striking modern example ofmalapportionment is theU.S. senate, where states receive equal representation despite widely varying populations.[93]
Several western democracies, notablyIsrael, theNetherlands andSlovakia employ an electoral system with only one (nationwide) voting district for election of national representatives. This precludes gerrymandering.[94][95] Other European countries such asAustria, theCzech Republic orSweden, among many others, have electoral districts with fixed boundaries (usually one district for each administrative division). The number of representatives for each district can change after a census due to population shifts, but their boundaries do not change. This also effectively eliminates gerrymandering.
Additionally, many countries where the president is directly elected by the citizens (e.g.France,Poland, among others) use only one electoral district for their presidential election with the winner of the popular vote winning the position, despite using multiple districts to elect representatives.
Gerrymandering has not typically been considered a problem in the nationalAustralian electoral system largely because drawing of electoral boundaries has typically been done by non-partisanelectoral commissions. There have been historical cases ofmalapportionment, whereby the distribution of electors to electorates was not in proportion to the populationin several states.[96] though most of these have been eliminated over time.
In 1996, theHigh Court of Australia inMcGinty v Western Australia confirmed the constitutional legality of electoral systems where different constituencies were differently weighted from others in the same system; in particular, the case approved Western Australia's system.
Sir Thomas Playford wasPremier of the state ofSouth Australia from 1938 to 1965 as a result of a system of malapportionment, which became known as thePlaymander.[97]
In the state ofQueensland, malapportionment combined with a gerrymander underCountry Party Premier SirJoh Bjelke-Petersen (knighted byQueen Elizabeth II at his own request) became nicknamed theBjelkemander in the 1970s and 1980s.[98]
The malapportionment had been originally designed to favor rural areas in the 1930s-1950s by aLabor government who drew their support from agricultural and mine workers in rural areas. This helped Labor to stay in government from 1932 to 1957. As demographics and political views shifted over time, this system came to favor the Country Party instead.
The Country Party led byFrank Nicklin came to power in 1957, deciding to keep the malapportionment that favored them. In 1968, Joh Bjelke-Petersen became leader of the Country Party andPremier. In the 1970s, he further expanded the malapportionment and gerrymandering which then became known as theBjelkemander. Under the system, electoral boundaries were drawn so that rural electorates had as few as half as many voters as metropolitan ones and regions with high levels of support for the Labor Party were concentrated into fewer electorates, allowing Bjelke-Petersen's government to remain in power for despite attracting substantially less than 50% of the vote. One district had non-contiguous parts.
In the1986 election, for example, theNational Party received 39.64% of the first preference vote and won 49 seats (in the 89 seat Parliament) whilst the Labor Opposition received 41.35% but won only 30 seats.[99] Bjelke-Petersen also used the system to disadvantageLiberal Party (traditionally allied with the Country Party) voters in urban areas, allowing Bjelke-Petersen's Country Party to rule alone, shunning the Liberals.
Bjelke-Petersen also used Queensland Police brutality to quell protests, and Queensland under his government was frequently described as apolice state. In 1987 he was eventually forced to resign in disgrace after theFitzgerald Inquiry revealed wide-ranging corruption in his cabinet and the Queensland Police, resulting in the prosecution and jailing of Country Party members. Before resigning, Bjelke-Petersen asked the Governor of Queensland to sack his own cabinet, in an unsuccessful attempt to cling to power. Labor won the next election, and have remained the dominant party in Queensland since then. The Country Party and Liberal Party eventually merged in Queensland to become theLiberal-National Party, while the Country Party in other states was renamed as the National Party.
TheWestern Australian Legislative Council was long gerrymandered via a malapportionment that clearly favored the rural conservative National Party, with the state split into electoral regions with significant differences in voter numbers. After the Labor Party won a landslide victory in both houses in the2021 Western Australian state election, they abolished the electoral region system, replacing it with a single statewide constituency electing 37 members via optional preferential voting that creates a one-vote, one-value system.[100]
In 2014 the conservative Liberal Party NSW State Government gerrymandered the localCity of Sydney council elections as part of their continued attempts to removeClover Moore from elected positions. Moore had already been removed as a state government representative by laws banning serving simultaneously as a state representative and a local council member, and their attempt to remove her from the Council saw the State Government introduce a law giving all businesses in the area two votes and requiring the council to constantly update the electoral roll and inform each business of its eligibility to vote. Moore called the laws an "undemocratic gerrymander" and election analystAntony Green said the changes were "clearly an attempt to disadvantage Clover Moore". The laws were specific to the City of Sydney council and not rolled out across the rest of the state councils. The attempt failed, and Moore retained her position as Lord Mayor of Sydney through multiple further elections.[101][102]
The1962 Bahamian general election was likely influenced by gerrymandering.[103] The election was the first to allowuniversal suffrage. TheProgressive Liberal Party (PLP) received 44% of the vote, while theUnited Bahamian Party (UBP) won only 36% of the vote. The other 20% was forthird parties and independents.[104] Despite receiving a majority of the votes, the PLP won only 8 of the 33 seats in theHouse of Assembly, while the UBP won 18 seats.[105]
Gerrymandering used to be prominent inCanadian politics, but is no longer prominent, after independentelectoral boundary redistribution commissions were established in all provinces.[106][107] Early inCanadian history, both the federal and provincial levels used gerrymandering to try to maximize partisan power. WhenAlberta andSaskatchewan were admitted toConfederation in 1905, their original district boundaries were set forth in the respectiveAlberta andSaskatchewan Acts. FederalLiberalcabinet members devised the boundaries to ensure the election of provincial Liberal governments.[108]British Columbia used a combination ofsingle-member anddual-member constituencies to solidify the power of the center-rightBritish Columbia Social Credit Party until1991.
Since responsibility for drawing federal and provincial electoral boundaries was handed over to independent agencies, the problem has largely been eliminated at those levels of government.Manitoba was the first province to authorize a non-partisan group to define constituency boundaries in the 1950s.[106] In 1964, thefederal government delegated the drawing of boundaries forfederal electoral districts to the non-partisan agencyElections Canada which answers toParliament rather than the government of the day.
As a result, gerrymandering is not generally a major issue in Canada except at the civic level.[109] Although city wards are recommended by independent agencies,city councils occasionally overrule them. That is much more likely if the city is not homogenous and different neighborhoods have sharply different opinions about city policy direction.
In 2006, a controversy arose inPrince Edward Island over theprovincial government's decision to throw out an electoral map drawn by an independent commission. Instead, they created two new maps. The government adopted the second of them, which was designed by thecaucus of the governingProgressive Conservative Party of Prince Edward Island. Opposition parties and the media attacked PremierPat Binns for what they saw as gerrymandering of districts. Among other things, the government adopted a map that ensured that every currentMember of the Legislative Assembly from the premier's party had a district to run in for re-election, but in the original map, several had been redistricted.[110] However, in the2007 provincial election only seven of 20 incumbent Members of the Legislative Assembly were re-elected (seven did not run for re-election), and the government was defeated.
Themilitary government which ruledChile from 1973 to 1990 was ousted in anational plebiscite in October 1988. Opponents of GeneralAugusto Pinochet voted NO to remove him from power and to trigger democratic elections, while supporters (mostly from the right-wing) voted YES to keep him in office for another eight years.
Five months prior to the plebiscite, the regime published a law regulating future elections and referendums, but the configuration of electoral districts and the manner in whichNational Congress seats would be awarded were only added to the law seven months after the referendum.[111][112]
For theChamber of Deputies (lower house),60 districts were drawn by grouping (mostly) neighboringcommunes (the smallest administrative subdivision in the country) within the sameregion (the largest). It was established that two deputies would be elected per district, with the most voted coalition needing to outpoll its closest rival by a margin of more than 2-to-1 to take both seats. The results of the 1988 plebiscite show that neither the "NO" side nor the "YES" side outpolled the other by said margin in any of the newly established districts. They also showed that the vote/seat ratio was lower in districts which supported the "YES" side and higher in those where the "NO" was strongest.[113][114] In spite of this, at the1989 parliamentary election, the center-left opposition was able to capture both seats (the so-calleddoblaje) in twelve out of 60 districts, winning control of 60% of the Chamber.
Senate constituencies were created by grouping all lower-chamber districts in a region, or by dividing a region into two constituencies of contiguous lower-chamber districts. The 1980 Constitution allocated a number of seats to appointed senators, making it harder for one side to change the Constitution by itself. The opposition won 22 senate seats in the 1989 election, taking both seats in three out of 19 constituencies, controlling 58% of the elected Senate, but only 47% of the full Senate. The unelected senators were eliminated in the 2005 constitutional reforms, but the electoral map has remained largely untouched (two new regions were created in 2007, one of which altered the composition of two senatorial constituencies; the first election to be affected by this minor change took place in 2013).
During the process of declaration and recognition ofindependence of Croatia theadministrative divisions of the country was reorganized into20 newly established counties and the city ofZagreb.[115] All of the counties hadCroat ethnic majority and were in part established as a gerrymandering effort to delegitimizeRepublic of Serbian Krajinasecession as well as anyregionalist requests in the historic provinces ofIstria andDalmatia while at the same time strengtheningdominant-party's control over theChamber of Counties.[115] Following the end of theCroatian War of Independence and during theUNTAES administration inEastern Slavonia Serb political leaderVojislav Stanimirović accused Croatian authorities of intentional division of the Serb community in the region intoOsijek-Baranja andVukovar-Srijem County with an aim to dilute their political initiatives.[116]
Croatian Parliament electoral districts were also described as a form of gerrymandering preventing genuine political competition with each district selecting the same number of MPs while districts' population varied over the legally permitted ±5 percent.[117] In 2010Constitutional Court of Croatia stated in a report that population discrepancies among electoral districts is higher than ±5 percent and that districts' borders should be redrawn to address the concern.[118]2021 Croatian census indicated even further differences in population with the difference in needed number of votes in the smallest (Electoral district IV) and the largest (Electoral district VII) district for a single parliamentary mandate being 10,5 thousands votes.[119] In October 2022 President of the Constitutional Court of CroatiaMiroslav Šeparović warned that this situation may jeopardize constitutionality of the following elections in Croatia.[120]
On 30 December 2022, Salvadoran PresidentNayib Bukele tweeted that he believed that the country's262 municipalities should be reduced to 50.[121] Opposition politicians accused him of attempting to gerrymander the municipalities and consolidate his power ahead of the2024 general election.[122][123][124] On 20 February 2023,Legislative Assembly PresidentErnesto Castro announced that theNuevas Ideas (NI) political party was formally evaluating a proposal to reduce the number of municipalities as suggested by Bukele.[125]
France is one of the few countries to let legislatures redraw the map with no check.[126] In practice, theParliament of France sets up an executive commission. Districts calledarrondissements were used in theThird Republic and under theFifth Republic they are calledcirconscriptions. During the Third Republic, some reforms of arrondissements, which were also used for administrative purposes, were largely suspected to have been arranged to favor thekingmaker in theNational Assembly, theRadical Party.
The dissolution ofSeine andSeine-et-Oise départements byde Gaulle was seen as a case of gerrymandering to counter communist influence around Paris.[127]
In the modern regime, there were three designs: in 1958 (regime change), 1987 (byCharles Pasqua) and 2010 (byAlain Marleix), three times by conservative governments. Pasqua's drawing was known to have been particularly good at gerrymandering, resulting in 80% of the seats with 58% of the vote in1993, and forcing Socialistsin the 1997 snap election to enact multiple pacts with smaller parties in order to win again, this time as a coalition. In 2010, the Sarkozy government created 12 districts for expats.
TheConstitutional council was called twice by the opposition to decide about gerrymandering, but it never considered partisan disproportions. However, it forced the Marleix committee to respect an 80–120% population ratio, ending a tradition dating back to the Revolution in whichdépartements, however small in population, would send at least two MPs.
The constituencies inNew Caledonia are accused of being adjusted to ensure a loyalist win. The1st constituency combines theLoyalty Islands (a separatist province)[128] with the capitalNoumea, while the2nd constituency combines the rural separatist-dominatedNorth Province[128] with most of theSouth Province.[129] There had been no separatist deputy from the1986 to the2024 election with the victory ofEmmanuel Tjibaou.[129]
SinceGermany utilizes aproportional representation system, gerrymandering is rarely a problem. There is, however, one situation in which gerrymandering can affect an election. In Germany for a party to win any seat, it has to win at least 5% of the vote or three constituencies. This latter rule was applied most recently in the2021 federal election, in which theLeft entered theBundestag despite winning less than 5% of the vote.
In 2000 the electoral constituencies were redrawn and the PDS, which entered the Bundestag in the elections of 1994 and 1998 with this rule, accused the SPD, who were in power at the time of redrawing the constituencies, of gerrymandering them by breaking up districts in East Berlin, a PDS stronghold, and combining them with West Berlin. In the2002 federal election the PDS lost their third constituency and entered the Bundestag with only two seats. Had they won a third direct seat, they would have qualified for an additional 25 seats.
Another scenario in which gerrymandering can affect German federal election is when a party wins more constituenies than their overall share of the popular vote—those extra seats, called "Überhangmandate", remain. In theBundestag election of 2009,Angela Merkel'sCDU/CSU gained 24 such extra seats, while no other party gained any;[130] this skewed the result so much that theFederal Constitutional Court of Germany issued two rulings declaring the existing election laws invalid and requiring the Bundestag to pass a new law limiting such extra seats to no more than 15. In 2013, Germany's Federal Constitutional Court ruled on the constitutionality of Überhangmandate. From then on each other party would receive seats as well to remedy the disproportion, thereby making it impossible to have disproportionate election results.
![[icon]](/mt/?noimg=&dark=on&url=https%3a%2f%2fwikipedia.org%2fwiki%2fFile%3aWiki_letter_w_cropped.svg) | This sectionneeds expansion with:1920 Greek legislative election. You can help byadding to it.(August 2024) |
Gerrymandering has been rather common inGreek history since organized parties with national ballots only appeared after the 1926 Constitution.[clarification needed] The only case before that was the creation of the Piraeus electoral district in 1906, in order to give the Theotokis party a safe district.
A notable case of gerrymandering in Greece was in the1956 legislative election. While in previous elections the districts were based on theprefecture level (νομός),[131] for 1956 the country was split in districts of varying sizes, some being the size of prefectures, some the size of sub-prefectures (επαρχία) and others somewhere in between. In small districts the winning party would take all seats, in intermediate size, it would take most and there was proportional representation in the largest districts. The districts were created in such a way that small districts were those that traditionally voted for the right while large districts were those that voted against the right.
This system has become known as the three-phase (τριφασικό) system or thebaklava system (because, as baklava is split into full pieces and corner pieces, the country was also split into disproportionate pieces). The opposition, being composed of the center and the left, formed a coalition with the sole intent of changing the electoral law and then calling new elections. Even though the centrist and leftist opposition won the popular vote (1,620,007 votes against 1,594,992), the right-wingERE won the majority of seats (165 to 135) and was to lead the country for the next two years.[132]
InHong Kong, functional constituencies are demarcated by the government and defined in statutes, making them prone to gerrymandering. The functional constituency for the information technology sector was particular criticized for gerrymandering and voteplanting.[133]
There are alsogerrymandering concerns in the constituencies ofdistrict councils.[134]
In 2011,Fidesz politicianJános Lázár has proposed a redesign to Hungarian voting districts; considering the territorial results of previous elections, this redesign would favor right-wing politics according to the opposition.[135][136] Since then, the law has been passed by the Fidesz-majorityNational Assembly.[137] By the political think tanks and media close to the opposition, it took twice as many votes to gain a seat in some election districts as in some others. However, their findings are controversial.[138] Gerrymandering was seen in the2018 election results.[139]
Until the 1980sDáil boundaries inIreland were drawn not by an independent commission but by government ministers. Successive arrangements by governments of all political characters have been attacked as gerrymandering. Ireland uses thesingle transferable vote, and as well as the actual boundaries drawn, the main tool of gerrymandering has been the number of seats per constituency used, with three-seat constituencies normally benefiting the strongest parties in an area, whereas four-seat constituencies normally help smaller parties.
In 1947 the rapid rise of new partyClann na Poblachta threatened the position of the governing partyFianna Fáil. The government ofÉamon de Valera introduced theElectoral (Amendment) Act 1947, which increased the size of the Dáil from 138 to 147 and increased the number of three-seat constituencies from fifteen to twenty-two. The result was described by the journalist and historianTim Pat Coogan as "a blatant attempt at gerrymander which noSix County Unionist could have bettered."[140] The following February the1948 general election was held and Clann na Poblachta secured ten seats instead of the nineteen they would have received proportional to their vote.[140]
In the mid-1970s, the Minister for Local Government,James Tully, attempted to arrange the constituencies to ensure that the governingFine Gael–Labour PartyNational Coalition would win a parliamentary majority. TheElectoral (Amendment) Act 1974 was planned as a major reversal of previous gerrymandering by Fianna Fáil (then in opposition). Tully ensured that there were as many as possible three-seat constituencies where the governing parties were strong, in the expectation that the governing parties would each win a seat in many constituencies, relegating Fianna Fáil to one out of three.
In areas where the governing parties were weak, four-seat constituencies were used so that the governing parties had a strong chance of still winning two. The election results created substantial change, as there was a larger than expected collapse in the vote. Fianna Fáil won a landslide victory in the1977 Irish general election, two out of three seats in many cases, relegating the National Coalition parties to fight for the last seat. Consequently, the term "Tullymandering" was used to describe the phenomenon of a failed attempt at gerrymandering.
Gerrymandering in India is loosely claimed by many political analysts, however there is no conclusive evidence whether the exercise has benefited a particular political party or not.[141] The last nationwide delimitation was done in 2009 and two successive elections threw two different results giving mandate to both the political parties one after another.
A hypothesis of gerrymandering was theorized by constituencies drawn by the electoral act of 2017, so-calledRosatellum.[142]
From 1981 to 2005, Kuwait was divided into 25electoral districts in order to over-represent the government's supporters (the 'tribes').[143] In July 2005, a new law for electoral reforms was approved which prevented electoral gerrymandering by cutting the number of electoral districts from 25 to 5. Thegovernment of Kuwait found that 5 electoral districts resulted in a powerful parliament with the majority representing the opposition. A new law was crafted by the government of Kuwait and signed by the Amir to gerrymander the districts to 10 allowing the government's supporters to regain the majority.[144]
For the2024 Lithuanian parliamentary election, the electoral districts were redrawn. 10 elderships of theVilnius District Municipality which has a large Polish minority were merged with elderships ofVilnius to form the new Southern Vilnius district thus extending the total count of districts in Vilnius from 13 to 14. TheLLRA–KŠS criticized the decision to rather choose Polish-dominated towns likeJuodšiliai andValčiūnai over Lithuanian-dominated towns likeRiešė andAvižieniai to merge with Vilnius.[145]
Riešė andAvižieniai remain in the Riešė district[146] (previously known asNemenčinė district) even though its predecessor was considered "way too large".[147]
The practice of gerrymandering has been around in the country since its independence in 1957. The ruling coalition at that time,Barisan Nasional (BN; English: "National Front"), has been accused of controlling the election commission by revising the boundaries of constituencies. For example, during the13th General Election in 2013, Barisan Nasional won 60% of the seats in theMalaysian Parliament despite only receiving 47% of the popular vote.[148] Malapportionment has also been used at least since 1974, when it was observed that in one state alone (Perak), the parliamentary constituency with the most voters had more than ten times as many voters as the one with the fewest voters.[149] These practices finally failed BN in the14th General Election on 9 May 2018, when the opposingPakatan Harapan (PH; English: "Alliance of Hope") won despite perceived efforts of gerrymandering and malapportionment from the incumbent.[150]
TheLabour Party that won in1981, even though theNationalist Party got the most votes, did so because of its gerrymandering. A 1987 constitutional amendment awarding compensatory seats to make the final seat tally closer reflect actual vote share prevented that situation from reoccurring.[151]
After the restoration of democracy in 1990,Nepali politics has well exercised the practice of gerrymandering with the view to take advantage in the election. It was often practiced byNepali Congress, which remained in power in most of the time. Learning from this, the reshaping of constituency was done for constituent assembly and the opposition now wins elections.[citation needed]
In 2015, the government rewrote theConstitution of Nepal, which included a rewriting of electoral boundaries. Parties in the southern region ofTerai believe the new boundaries discriminated against marginalized groups, like theMadhesis, Tharus, andJanajatis, and that the boundaries "packed" the groups. Protesting occurred in Terai and other areas in southern Nepal, raising concern from across the country.[152][153][154]
Congressional districts in the Philippines were originally based on an ordinance from the 1987Constitution, which was created by theConstitutional Commission, which was ultimately based on legislative districts as they were drawn in 1907. The same constitution gaveCongress of the Philippines the power to legislate new districts, either through a national redistricting bill or piecemeal redistricting per province or city. Congress has never passed a national redistricting bill since the approval of the 1987 constitution, while it has incrementally created 34 new districts, out of the 200 originally created in 1987.
This allows Congress to create new districts once a place reaches 250,000 inhabitants, the minimum required for its creation. With this, local dynasties, through congressmen, can exert influence in the district-making process by creating bills carving new districts from old ones. In time, as the population of the Philippines increases, these districts, or groups of it, will be the basis of carving new provinces out of existing ones.
An example was inCamarines Sur, where two districts were divided into three districts which allegedly favors the Andaya and the Arroyo families; it caused Rolando Andaya andDato Arroyo, who would have otherwise run against each other, run in separate districts, with one district allegedly not even surpassing the 250,000-population minimum.[155] TheSupreme Court later ruled that the 250,000 population minimum does not apply to an additional district in a province.[156] The resulting splits would later be the cause of another gerrymander, where the province would be split into a new province calledNueva Camarines; the bill was defeated in the Senate in 2013.[157]
In recent decades, critics have accused the rulingPeople's Action Party (PAP) of unfair electoral practices to maintain significant majorities in theParliament of Singapore. Among the complaints are that the government uses gerrymandering.[158] TheElections Department was established as part of the executive branch under thePrime Minister of Singapore, rather than as an independent body.[159] Critics have accused it of giving the ruling party the power to decide polling districts and polling sites through electoral engineering, based on poll results in previous elections.[160]
Members of opposition parties claim that theGroup Representation Constituency system is "synonymous to gerrymandering", pointing out examples ofCheng San GRC andEunos GRC which were dissolved by the Elections Department with voters redistributed to other constituencies after opposition parties gained ground in elections.[161]
The landmark1948 general election was influenced by provisions of theConstitution granting rural areas more constituencies inParliament than urban areas. Thus thewhite-supremacistNational Party won a plurality against the more moderateUnited Party despite receiving fewer votes and implementedapartheid.[162][163]
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Until the establishment of theSecond Spanish Republic in 1931,Spain used both single-member and multi-member constituencies ingeneral elections. Multi-member constituencies were only used in some big cities. Some gerrymandering examples included the districts ofVilademuls orTorroella de Montgrí inCatalonia. These districts were created in order to prevent theFederal Democratic Republican Party to win a seat inFigueres orLa Bisbal andto secure a seat to the dynastic parties. Since 1931, the constituency boundaries match theprovince boundaries.[165]
After theFrancoist dictatorship, during thetransition to democracy, these fixed provincial constituencies were reestablished in Section 68.2 of the current1978 Spanish Constitution, so gerrymandering is impossible in general elections.[47] There are notwinner-takes-all elections in Spain except for the tiny territories ofCeuta andMelilla (which only have one representative each); everywhere else the number of representatives assigned to a constituency isproportional to its population and calculated according to a national law, so tampering with under- or over-representation is difficult too.[166][167]
European, someregional and municipal elections are held under single,at-large multi-member constituencies withproportional representation and gerrymandering is not possible either.[168][169]
In fact, there is not even a direct translation of the term "gerrymandering" into Spanish and first-generationHispanic and Latino Americans have struggled with such an unfamiliar concept in theSpanish-speaking world.[170]
Sri Lanka's newLocal Government elections process has been the talking point of gerrymandering since its inception.[171] Even though that talk was more about the ward-level, it is also seen in some local council areas too.[172][173]
In theelection of 2010, there were numerous examples of gerrymandering throughout the entire country ofSudan. A report from the Rift Valley Institute uncovered violations of Sudan's electoral law, where constituencies were created that were well below and above the required limit. According to Sudan's National Elections Act of 2008, no constituency can have a population that is 15% greater or less than the average constituency size. The Rift Valley Report uncovered a number of constituencies that are in violation of this rule. Examples include constituencies inJonglei,Warrap,South Darfur, and several other states.[174]
Turkey has used gerrymandering in the city ofIstanbul in the2009 municipal elections. Just before the election Istanbul was divided into new districts. Large low income neighborhoods were bundled with the rich neighborhoods to enable theAKP to win the municipal elections.[175]
Prior to the establishment ofHome Rule inNorthern Ireland, the UK government had installed thesingle transferable vote (STV) system in Ireland to secure fair elections in terms of proportional representation in itsParliaments. After two elections under that system,in 1929 Stormont changed the electoral system to be the same as the rest of theUnited Kingdom: a single-memberfirst past the post system. The only exception was for the election of four Stormont MPs to represent theQueen's University of Belfast. Some believe that the boundaries were gerrymandered to under-represent Nationalists.[140] Other geographers and historians, for instance ProfessorJohn H. Whyte, disagree.[176][177] They have argued that the electoral boundaries for theParliament of Northern Ireland were not gerrymandered to a greater level than that produced by any single-winner election system, and that the actual number of Nationalist MPs barely changed under the revised system (it went from 12 to 11 and later went back up to 12). Most observers have acknowledged that the change to a single-winner system was a key factor, however, in stifling the growth of smaller political parties, such as theNorthern Ireland Labour Party andIndependent Unionists. In the 1967 election, Unionists won 35.5% of the votes and received 60% of the seats, while Nationalists got 27.4% of the votes but received 40% of the seats. This meant that both the Unionist and Nationalist parties were over-represented, while the Northern Ireland Labour Party andIndependents (amounting to more than 35% of the votes cast) were severely under-represented.
After Westminster reintroduced direct rule in 1973, it restored the single transferable vote (STV) forelections to theNorthern Ireland Assembly in the following year, using the same definitions of constituencies as for the Westminster Parliament. Currently, in Northern Ireland, all elections use STV except those for positions in theWestminster Parliament, which follow the pattern in the rest of the United Kingdom by using "first past the post."
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Gerrymandering (inIrish:Claonroinnt) in local elections was introduced in 1923 by the Leech Commission. This was a one-man commission: Sir John Leech, K.C. was appointed byDawson Bates, Northern Ireland'sMinister of Home Affairs, to redraw Northern Ireland's local government electoral boundaries.[178]: 68 Leech was also chairman of the Advisory Committee who recommended the release or continued detention of the persons that the Northern Irish government was interning without trial at that time.[179] Leech's changes (gerrymandered electoral boundaries, abolishing proportional representation),[180] together with a resultant boycott by theIrish Nationalist community, resulted inUnionists gaining control ofLondonderry County Borough Council,Fermanagh andTyrone County Councils, and retaking eight rural district councils. These county councils, and most of the district councils, remained under Unionist control despite the majority of their population being Catholic until the UK government imposedDirect Rule in 1972.[181][182]
Leech's new electoral boundaries for the 1924 Londonderry County Borough Council election reduced the number of wards from four to three, only one of which had a Nationalist majority. This resulted in election of aUnionist council in every election, until the County Borough Council's replacement in 1969 by the unelected Londonderry Development Commission, in a city whereNationalists had a large majority and had wonprevious elections.[183][176]
Some critics and supporters spoke at the time of "A Protestant Parliament for a Protestant People".[184] This passed also into local government, where supporters of the elected majorities were given jobs and appointments.[182]Stephen Gwynn noted as early as 1911 that since the introduction of theLocal Government (Ireland) Act 1898:
InArmagh there are 68,000 Protestants, 56,000 Catholics. The County Council has twenty-two Protestants and eight Catholics. InTyrone, Catholics are a majority of the population, 82,000 against 68,000; but the electoral districts have been so arranged that Unionists return sixteen as against thirteen Nationalists (one a Protestant). This Council gives to the Unionists two to one majority on its Committees, and out of fifty-two officials employs only five Catholics. InAntrim, which has the largest Protestant majority (196,000 to 40,000), twenty-six Unionists and three Catholics are returned. Sixty officers out of sixty-five are good Unionists and Protestants.[185]
Initially Leech drew the boundaries, but from the 1920s to the 1940s theprovince-wide government redrew them to reinforce the gerrymander.[176]: 1(c) [186]
Cahir Healy, the long time MP for Counties Fermanagh and Tyrone highlighted the extent of gerrymandering in County Borough Councils elections of the 1930s: Fermanagh reported 30,196 Nationalists and 24,272 Unionists yet Nationalists retained only seven seats while Unionists retained 12. Similar results occurred in County Tyrone: 70,595 Nationalists retained 11 seats while 56,981 Unionists held 16 seats.[187]
The number of electors in aUnited Kingdom constituency can vary considerably, with the smallest constituency as of 2017 (Scotland'sNa h-Eileanan an Iar (21,769 constituents) andOrkney and Shetland (34,552)) having fewer than a fifth of the electors of the largest (England'sNorth West Cambridgeshire (93,223) andIsle of Wight (110,697)). This variation has resulted from:
Under theSixth Periodic Review of Westminster constituencies, theCoalition government planned to review and redraw the parliamentary constituency boundaries for theHouse of Commons of the United Kingdom. The review and redistricting was to be carried out by thefour UK boundary commissions to produce a reduction from 650 to 600 seats, and more uniform sizes, such that aconstituency was to have no fewer than 70,583 and no more than 80,473 electors. The process was intended to address historicmalapportionment and be complete by 2015.[188][189] Preliminary reports suggesting the areas set to lose the fewest seats historically tended to voteConservative, while other less populous and deindustrialized regions, such as Wales, which would lose a larger proportion of its seats, tending to have moreLabour andLiberal Democrat voters, partially correcting the existing malapportionment. In January 2013, an opposition (Labour) motion to suspend the review until after the next general election was tabled in the House of Lords and a vote called in theUnited Kingdom House of Commons. The motion was passed with the help of the Liberal Democrats, going back on an election pledge. As of October 2016[update], a new review is in progress and a draft of the new boundaries has been published.[needs update]
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The United States, among the first countries with an elected representative government, was the source of the termgerrymander as stated above.
The practice of gerrymandering the borders of new states continued past theAmerican Civil War and into the late 19th century. TheRepublican Party used its control of Congress to secure the admission of more states in territories friendly to their party—the admission ofDakota Territory as two states instead of one being a notable example. By the rules for representation in theElectoral College, each new state carried at least three electoral votes regardless of its population.[190]
Allredistricting in the United States has been contentious because it has been controlled bypolitical parties vying for power. As a consequence of the decennialcensus required by theUnited States Constitution, districts for members of theHouse of Representatives typically need to be redrawn whenever the number of members in a state changes. In many states, state legislatures redraw boundaries for state legislative districts at the same time.
State legislatures have used gerrymandering along racial lines both to decrease and increase minority representation instate governments and congressional delegations. InOhio, a conversation between Republican officials was recorded that demonstrated that redistricting was being done to aid their political candidates.[191] Furthermore, the discussions assessed the race of voters as a factor in redistricting, on the premise that African-Americans tend to backDemocratic Party candidates. Republicans removed approximately 13,000African-American voters from the district ofJim Raussen, a Republican candidate for theHouse of Representatives, in an apparent attempt to tip the scales in what was once a competitive district for Democratic candidates.[192]
With thecivil rights movement and passage of theVoting Rights Act of 1965, federal enforcement and protections of suffrage for all citizens were enacted. Gerrymandering for the purpose of reducing the political influence of a racial or ethnic minority group was prohibited. After the Voting Rights Act of 1965 was passed, some states created "majority-minority" districts to enhance minority voting strength. This practice, also called "affirmative gerrymandering", was supposed to redress historic discrimination and ensure thatethnic minorities would gain some seats and representation in government. In some states, bipartisan gerrymandering is the norm. State legislators from both parties sometimes agree to draw congressional district boundaries in a way that ensures the re-election of most or all incumbent representatives from both parties.[193]
Rather than allowing more political influence, some states have shifted redistricting authority from politicians and given it to non-partisanredistricting commissions. The states ofWashington,[194]Arizona,[195] andCalifornia[196] have createdstanding committees for redistricting following the2010 census. It has been argued however that in California's case, gerrymandering still continued despite this change.[197]Rhode Island[198] andNew Jersey[199] have developedad hoc committees, but developed the past two decennial reapportionments tied to new census data. Florida's amendments 5 and 6, meanwhile, established rules for the creation of districts but did not mandate an independent commission.[200]
Michigan voters in 2018 approved a proposal to create an independent commission to draw new congressional maps following the2020 United States census, thereby removing the responsibility from the state legislature. Additionally,Ohio voters in 2018 modified their existing redistricting statutes to have a commission draw new maps. However, the ability of the state legislature to draw congressional maps remained, and this proposes the risk of gerrymandering. Other states that have implemented commissions in the 2018 midterm cycle includeColorado.
International election observers from theOrganization for Security and Co-operation in Europe Office for Democratic Institutions and Human Rights, who were invited to observe and report on the2004 national elections, expressed criticism of the U.S. congressional redistricting process and made a recommendation that the procedures be reviewed to ensure genuine competitiveness of Congressional election contests.[201]
In June 2019, theUnited States Supreme Court ruled 5–4 inLamone v. Benisek andRucho v. Common Cause thatfederal courts lackedjurisdiction to hear challenges over partisan gerrymandering.[202]
Prior to the26 September 2010 legislative elections, gerrymandering took place via anaddendum to the electoral law by theNational Assembly of Venezuela. In the subsequent election,Hugo Chávez's political party, theUnited Socialist Party of Venezuela drew 48% of the votes overall, while the opposition parties (theDemocratic Unity Roundtable and theFatherland for All parties) collectively drew 52% of the votes. However, due to the re-allocation of electoral legislative districts prior to the election, Chávez's United Socialist Party of Venezuela was awarded over 60% of the spots in the National Assembly (98 deputies), while 67 deputies were elected for the two opposition parties combined.[203]
In aplay on words, the use of race-conscious procedures injury selection has been termed "jurymandering".[204][205]
Due to the gerrymandering on the part of the government, the "tribes" from the 1980s onwards, came to occupy a significant number of seats in the National Assembly.
See Capítulo III – Sistema Electoral, esp. arts. 161–164
See Capítulo IV – Sistema Electoral, esp. arts. 179–181
See Capítulo IV – Sistema Electoral.
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