OH, REALLLLY…

Here’s the key text from today’s N.J. Supreme Court decision regarding replacing Torricelli on the November ballot(emphasis mine):

And the Court having concluded that the central question before it is whether the dual interests of full voter choice and the orderly administration of an election can be effectuated if the relief requested by plaintiffs were to be granted; And the Court being of the view that

[it] is in the public interest and the general intent of the election laws to preserve the two-party system and to submit to the electorate a ballot bearing the names of candidates of both major political parties as well as of all other qualifying parties and groups.
Kilmurray v. Gilfert, 10 N.J. 435, 441 (1952);

And the Court remaining of the view that the election statutes should be liberally construed

to allow the greatest scope for public participation in the electoral process, to allow candidates to get on the ballot, to allow parties to put their candidates on the ballot, and most importantly, to allow the voters a choice on Election Day.
Catania v. Haberle, 123 N.J. 438, 448;

Yeah, right. It infuriates me to see the Democrats crowing and the republicans throwing fits, as though the sanctity of the electoral process meant anything to any one of their SkyBox-sitting asses.
If the law of the land is that we should have a choice on Election Day, why do the courts tolerate the outrageous gerrymandering that creates essentially one-party seats?
It’s important to have two parties on the ballot, you see, but it doesn’t really matter whether there’s an election or not.
Here are two great articles on the subject. First, from this Sunday’s L.A. Times (actually, a good damn issue…): In California, Politicians Choose–and Voters Lose. Here’s a quote:

What if the World Series had been played during spring training, the commissioner of baseball having picked the competing teams? Baseball fans would be outraged. Yet something similar has happened to California elections. In the vast majority of legislative and congressional districts, we have no general election contests this fall because the races were decided in the spring primaries. The political stadium is dark.
How many competitive races for the House of Representatives are there in the Southland? None. How many competitive races for the state Senate? None. How many for the Assembly? Two–at most.
…
That’s what a politician likes–the fewer voters, the better, and especially if they are the most partisan ones. Candidates beat their breasts about what hard-core partisans they are, and the tiny number of people who go to the polls respond by electing the most hard-core partisans in both parties.
The result is a largely dysfunctional Legislature. Members chosen in a closed primary, with a minimum of voters participating, come to Sacramento intent on representing the narrow partisan positions that got them there.
Is it any wonder they cannot negotiate a state budget? Passing the budget–it was two months late this year–is the most important and most difficult thing a legislator does because it requires compromise and negotiation. The current system encourages exactly the opposite.
One Republican who might have broken the budget impasse this summer privately told friends, “Look, I can’t afford to cross my primary voters; they demand that I hang tough.” The sentiment was the same on the Democratic side. A look at the shadow Legislature elected in March shows future members will be even more ideologically rigid.
Californians might remember this when they cast their meaningless votes in November for their preordained members of the Legislature–if they bother to vote at all.

And from UPI (via Eugene Volokh), this interview with Dan Polsby:

The 2002 elections for Congressional Representatives will be the first conducted under the new districts drawn following the 2002 Census. Although important issues are at stake in November, most of the districts’ borders have been gerrymandered so skillfully that the typical race’s outcome is predetermined. Time Magazine estimates that 394 House seats are “safe,” 29 are “almost safe,” and eleven are “toss-ups.” That’s eleven toss-ups out of 435 separate elections.
In contrast, 8 of 34 Senate seats are said to be toss-ups. The Senate is more than ten times more competitive than the House, in large part because Senate races are fought over entire states, which can’t be gerrymandered. With districts, however, by carefully redrawing boundaries, parties can ensure that that most of their incumbents enjoy a comfortable majority.
This is the opposite of what the Framers of the Constitution intended for the House of Representatives. They wanted the House to represent the views of the public by allowing voters to make wholesale changes in their Representatives every two years. The Senate, in contrast, with its staggered six-year terms, was supposed to provide a brake on popular passions.

Explain why we have elections now??
Both parties are guilty as hell in this.
My own Congressional district…once one of the few competitive districts in Los Angeles…was ‘readjusted’ with the conservative areas of Palos Verdes given to the next district south to make it a safe Republican seat, and the more liberal areas of Santa Monica added to make it a safe Democratic seat.
Why not just let the party staff and donors pick the Congressmembers directly? Why do they even bother filling my mailbox with inane crap?
Can you tell I’m more than a little put out by this??
You should be too.

9 thoughts on “OH, REALLLLY…”

  1. Date: 10/04/2002 00:00:00 AM
    One other fairly wild idea is to establish congressional “districts” on some basis other than geography. For instance, Social Security number or bithday. Instead of a small compact geographical base, each district would represent a random slice of the electoral pie of the entire state. It would be expensive to have 50+ state-wide races in California but it also would have advantages. It would increase the power of the parties and provide some discipline within the parties. We would expect that such a system would produce a lot more moderate reps. This idea may not be very practical but it is a lot more practical than expecting to ever take politics out of redistricting.

  2. Date: 10/03/2002 00:00:00 AM
    So the NJ Supreme Court thinks the voters deserve a choice. Hummm, how about requiring a REAL choice, not an echo?

  3. Date: 10/03/2002 00:00:00 AM
    Rob– PR might encourage extremism when it’s the sole chamber, but I think if you had the Assembly as is and a PR Senate Chamber, the result would be different. There isn’t a “prime minister”. Now, if the Governor was from one party and the Senate from another voting in a bloc, there might be a logjam. But we saw that for some time under Deukmejian and Wilson, and even that weird year that the Assembly was evenly split. And maybe this process would rejuvenate the parties and sharpen their message.

  4. Date: 10/03/2002 00:00:00 AM
    Andrew–I didn’t understand that your proposal was just to change the Senate. Interesting…As for a “logjam,” personally I love gridlock. Governments generally do little I like, lots of things I don’t like, so the less they do in the average session, the better I like it. (Not exactly a “progressive” worldview, I know).

  5. Date: 10/03/2002 00:00:00 AM
    Some states (AZ is one) have Congressional districs drawn by a nonpartisan committee. That would be a start, but it would be better to have a computer randomly generate compact and relatively coherent districts. That way, there’d be no such thing as a safe seat for more than a decade, as boundaries would be redrawn radically after every census.

  6. Date: 10/03/2002 00:00:00 AM
    The State Senate has been superfluous ever since the Warren Court threw out representation-by-county in the early 60s. Why not switch the State Senate to a statewide Euro-Parliament-style slate election by parties with proportional representation? That would encourage parties to put moderates at the top of the slates (most likely to be elected). It would also give the Libertarians or the Greens incentive to get enough real support to win one or two seats, instead of just an exercise in electoral masturbation.

  7. Date: 10/03/2002 00:00:00 AM
    Euro-style proportional representation encourages extremism, insofar as a little, unpopular party may find itself in a ruling coalition, so there is little incentive to appeal to more than 10% of the electorate.They also encourage straight party-line voting–anyone who deviates from the party line gets dropped from the slate. Both moderation and independent thought are better served by a geuninely competative two-party races.

  8. Date: 10/03/2002 00:00:00 AM
    Hey Ann…I did register as a Republican and vote for Riordan, as did my SO and four friends who I harangued mercilessly.The answer is rational redistricting, without the logrolling that goes on every time there is a census. It’s going to take an initative, but I feel a project coming on…A.L.

  9. Date: 10/03/2002 00:00:00 AM
    Then be put out by the US Supreme Court who booted the open primary law. If you want more moderates in both parties then you need to f*ck the system back. If you’re currently a moderate Democrat, reregister as a Republican and work (and contribute) like hell to get a moderate Republican elected in the primary in a moderate Democratic district with a way-left Democratic incumbent. And vice versa if you’re a moderate Republican. If more nonRepublican moderates would have reregistered as Republicans for the Cal Gubernatorial primary, maybe Riordan would have won.But hey, why educate yourself and work for it when it’s easier to sit back and bitch?

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