Permanent Legislative Committee on Reapportionment - History
A History of Redistricting and Reapportionment
in the State of Alabama
At the outset, it may be appropriate to clarify the difference between redistricting and reapportionment, although the terms are often used interchangeably.
Reapportionment refers to the allocation of seats among states for the House of Representatives. The number of a state's congressional districts is based upon each state's proportion of the national population, counted every ten years. The national total number of congressional house seats remains static at 435, but reapportionment in each state might alter the number of congresspersons that state sends to Washington following the decennial census. Each state sends two senators to Washington, representing the state as a whole, based on population shifts among the states.
Redistricting refers to the more specific task of redrawing of lines for election districts or units. This affects seats in the state house of representatives and senate. The method of dividing Alabama's population into electoral districts has changed several times over the years since the 1901 Constitution was drawn up, but it can be assumed nowadays that seats will be drawn afresh following each decennial census--hence redistricting. However, the process is often referred to as reapportionment. The committee responsible for reapportionment and redistricting is the Permanent Joint Legislative Committee on Reapportionment, adding somewhat to a confusion in use of terms.
The Census and Redistricting
Because legislative representation is made on the basis of population, an accurate census is very important. Work for the next census taken begins about five years before, with the Alabama Reapportionment office being the liason for the state. The US Census Bureau works diligently with state and local governments to ensure that all geographic boundaries are accurate and current. Data is collected in Phases.
Phase I & II collects each county’s block boundaries as well as each county’s voting districts also referred to precincts. This data is collected by the Reapportionment Office and submitted to the Census to be encorporated into the official geography that is used for redistricting purposes.
In Phase III, all state legislatures and governors received Census population totals under Public Law 94-171, including counts by race and age of majority. All states received these data for standard tabulation areas (e.g., American Indian/Alaska Native areas, county or equivalent area, minor civil division/census county division, place, census tract, and census block).
The Redistricting Process
The Alabama Legislative Committee on Reapportionment is responsible for redistricting. It is the Committee’s responsibility from drafting plans for the State Senate and House along with the U.S. Congressional seats in Alabama and the State Board of Education. The Committee is usually made up of six members, three from the Alabama State Senate (appointed by the Lieutenant Governor) and three from the Alabama House of Representatives (appointed by the Speaker of the House). However, in redistricting years, the Committee includes one member of the Alabama House of Representatives and one member of the Alabama State Senate from each congressional district, four at-large members from the Alabama House appointed by the Speaker of the House, and four at-large members from the state senate appointed by the Lieutenant Governor. After numerous public hearings from across the state, the Committee, working with each member of the Legislative, adopts the redistricting plans for introduction as a bill to the legislature for passage. Upon passage of both houses, the bill then goes to the governor for his/her signature into law.
Why redistrict?
As states and communities grow and change, peoples’ representation in government begins to get out of balance. Redistricting brings everything back into balance to make sure that every Washingtonian is represented fairly in the state Legislature and the U.S. Congress. The U.S. and state constitutions require that each congressional and legislative district represent roughly equal numbers of people and keep groups who have common minority interests together to make sure political power is fairly distributed.
Background for the Permanent Joint Legislative Committee on Reapportionment
Consequent upon imposition of the court ordered Sims v. Amos plan, the Alabama legislature passed a joint resolution (H.J.R.88) on February 10, 1972, creating a permanent joint legislative committee on reapportionment. "This committe[e] shall make a continuous study of the reapportionment problem in Alabama seeking solutions thereto and further shall endeavor to alleviate the inequities of the January 3, 1972 order referred to above (the court-ordered reapportionment plan)."
On April 15, 1982, by the passage of Act No. 82-223 (SJR 223), the life of the Joint Legislative Committee on Apportionment was extended to November 1, 1982. (It was created by Act 80-771, SJR 239, 1980 Regular Session, as amended by Act 81- 671, HJR 365, 1981 Regular Session, and Act 81-1068, HJR 58, 1981 Second Special Session.)
On July 8, 1982, by the passage of Act No. 82-725, a supplemental appropriation was made for costs relative to the joint reapportionment committee for the fiscal year ending September 30, 1982.
On January 21, 1983, the passage of Act No. 83-31 (SJR 14), created a Joint Legislative Committee on Apportionment according to the 1980 United States census, and provided for the powers and duties of said committee.
A Joint Legislative Steering Committee on Reapportionment was created by Act No. 87-356 (HJR 315), signed into law on July 2, 1987. It was to terminate upon creation of a Joint Interim Committee on Reapportionment by the legislature.
Act No. 90-388 created a 20-member Permanent Legislative Committee on Reapportionment, under which the office operates today. Act No. 91-347 changed the number of members to 22.
Historical Timeline for Reapportionment of Legislative Districts in Alabama:
1901 - Electoral Districts Apportioned according to the Constitution of 1901 Despite the Constitution of 1901 requiring the legislature to redistrict itself every ten years, after having attempted numerous times, the legislature failed to do this
between 1901 and 1972.
November 1962-- partial reapportionment, ordered by federal court (Sims v. Frink, 208 F.Supp. 431 (M.D. Ala. 1962)), and based on portions of two reapportionment bills passed in June 1962, (and voided by the Court on July 21, 1962) following U.S. Supreme Court ruling in Baker v. Carr (369 U.S. 186 (1962))
1965 -Redistricting of the Senate through act of the legislature (bill passed September 1965), which the federal court approved. The federal court rejected the House redistricting plan (covered by the same legislation) as "racial gerrymandering." In Sims v. Baggett, 247 F.Supp. 96 (M.D. Ala. 1965), redistricting of the House took place by federal court order.
1972 (to take effect in 1974) - Legislative Districts reapportioned by federal court order, pursuant to three consolidated suits, Sims v. Amos, Nixon v. Wallace, and Peters v. Wallace (Civ. A. Nos. 1744-N, 3017-N and 3459-N). At this time, the number of House members was reduced from 106 to 105 so that there would be 3 House seats for every Senate seat.
1981 - Redistricting by Act of the Alabama legislature (Act No. 82-629 [H.19]), later held to be invalid by federal court, although legislators were elected under this plan and served one year of the quadrennium. Burton v. Hobbie, 543 F.Supp. 235 (M.D. Ala. 1982).
1983 - Redistricting by the Alabama legislature, precleared by the U.S. Attorney General and approved by a 3-judge panel in Burton v. Hobbie, 561 F. Supp. 1029 (M.D. Ala. 1983). Those legislators elected under this plan served the remaining
three years of the quadrennium. This plan was used until after the 1990 census.
1993 - Redistricting by Court Order in Sinkfield v. Camp, CV-93-689-PR, May 12, 1993.
This plan was used during the 1994 elections.
2000 - Future redistricting mandated by the Federal Court to be drawn before the year 2002 without using the districts in the Reed-Buskey Plan declared unconstitutional (SDs 21, 25, 29, and 30 and HDs 63, 75, and 86) in Kelley, et al. v. James Bennett as Secretary of State and Sinkfield, et al. (Civil Action No. 97-A-715-E, dated April 24, 2000). Any interim election in these districts needs prior approval of the Court. The Reed-Buskey plan was essentially the plan approved by the Court in Sinkfield v. Camp, which was used for elections during the 1990s. The District Court for the Middle District of Alabama, Eastern Division (Judge Thompson dissenting), concluded that race predominated in the drawing of seven of the nine districts challenged and are thus unconstitutional. On November 27, 2000, the U.S. Supreme Court vacated and remanded the three-judge district court’s ruling that the ReedBuskey plan was unconstitutional. See Sinkfield v. Kelley, 531 U.S. 28 (2000). So the Reed-Buskey plan continued in force until the Legislature passed the new redistricting plans in 2001.
2001-2002 - Redistricting of House legislative districts was effected by Act No. 2001-729, signed July 3, 2001. The House plan was submitted to the Justice Department on September 6, 2001, and approved November 5, 2001. Act No. 2001-
727, signed July 3, 2001, established new Senate districts. The Senate plan was submitted to the Justice Department on August 15, 2001, and approved October 15, 2001. Act No. 2002-57 established new congressional districts. The plan was submitted to the Justice Department on February 1, 2002, and approved March 4, 2002. Act No. 2002-73 established new State Board of Education districts. The plan was submitted to the Justice Department on February 7, 2002, and approved March 25, 2002.
2011- The 2010 Census results were delivered to Alabama in February of that year. Following the Elections of 2010, this is the first time Republicans hold control over the legislature and redistricting. Public hearings were conducted throughout the state for the peoples’ opinions on redistricting. With little objection, State Board of Education HB621 passed. In June, the Senate approved the Congressional SB484 16-15 and the House concurred 57-45. Gov. Robert Bentley signed the Congressional map on June 8, 2011. It was approved by the US Justice Department on November 21, 2011.
2012-Voting primarily along party lines, the legislature passed a Senate and House redistricting plan, SB25 and HB19 respectively in May 2012. Gov Robert Bentley subsequently signed them into law. In August, the Legislative Black Caucus, along with the Association of Black County Officials, and several black county commissioners filed a lawsuit seeking to block implementation of legislative redistricting plans. According to the lawsuit, the plans diluted minority voting
strength, violated “one person, one vote” and illegally split counties. In September, a three-judge panel of Eleventh Circuit was designated to hear the case. In October, preclearance was granted to the states’ new districts. In December, the Alabama Democratic Conference filed a lawsuit , challenging the new legislative districts, and was consolidated for trial with ALBC.
2013- The trial before the 3-judge panel was held and the Judges upheld the plans by a 3-2 vote. Following that decision, the ALBC and ADC appealed to the United States Supreme Court in which oral arguments were heard in November 2014. - In March of 2015, the Supreme Court vacated and remanded the 3-judge court’s decision.
2017- In January, the panel ruled that 12 of the Alabama’s legislative districts were unconstitutional citing an improper use of race in their composition and could not be used in the 2018 elections. Therefore, they had to be redrawn. The 12 districts were Senate districts 20,26,28 and House districts 32,53,54,70,71,77,82,85,99. The Permanent Committee on Redistricting was tasked with addressing the court’s order to redistrict and presented new plans to the court. On October 17, the 3-judge panel tossed out challenges by the Plaintiffs to the new redistricting plans, clearing the way for the plans to be used in the 2018 elections.