Showing posts with label Redistricting. Show all posts
Showing posts with label Redistricting. Show all posts

Sunday, May 09, 2010

FEC: Members Can Raise Soft Money for Redistricting Activities

By Nathan L. Gonzales

After hours of discussion and a weeklong delay, the Federal Election Commission on Friday voted to allow Members of Congress to raise soft money for some redistricting activities.

In March, the National Democratic Redistricting Trust requested an advisory opinion about whether Members are allowed to raise money for the trust, which is handling the legal aspect of the Democrats’ post-2010 redistricting effort.

Last week, the FEC released two opposing draft advisory opinions, one that would allow and one that would forbid the trust from using federal lawmakers and candidates to raise unlimited funds for the organization. After hours of discussion, the commission deadlocked and pushed off making a decision for a week.

The next round of reapportionment and redistricting will be the first since the passage of the Bipartisan Campaign Reform Act, which eliminated soft money, and, therefore, Members’ involvement in the process was expected to severely limited.

But after a tally vote on Friday, all six commissioners agreed to allow the trust to proceed.

“This is simply confirmation of existing FEC precedent — that raising funds for legal trusts is permitted under the campaign finance laws,” said Democratic attorney Marc Elias, who filed the initial request on behalf of the trust. “The trust will continue its work to lay a strong legal foundation for redistricting.”

Commissioner Steve Walther did not support the entirety of the analysis and issued a separate concurring opinion that cited Advisory Opinion 2003-15 (Majette) as the key precedent.

That advisory opinion, by a 5-0 vote, allowed Georgia Democrat Denise Majette to raise money outside of normal contribution rules for a legal expense trust fund after she was named as a defendant in a post-primary election lawsuit.

“I’m always happy that more folks can be fundraising for the lawyers,” veteran GOP attorney Mark Braden joked. “I hope to avoid becoming an involuntary major donor to various redistricting efforts this cycle!”

Republicans were anxiously awaiting the FEC’s most recent decision as well, but it’s unclear how it will effect GOP redistricting efforts.

Braden is working with Making America’s Promise Secure, a 501(c)(4) which is coordinating the legal, data-gathering and map-drawing aspects of redistricting for the GOP. The FEC’s decision appears to be focused narrowly on fundraising for legal activities.

The FEC’s decision will not affect the Republican State Leadership Committee’s Redistricting Majority Project or the Democrats’ Foundation for the Future, which are deeply involved in the redistricting process but are organized as 527s and cannot have Member involvement.

This story first appeared on RollCall.com and CQPolitics.com on May 8, 2010. 2010 © Roll Call Inc. All rights reserved. Reprinted with permission.

Monday, May 03, 2010

FEC Decision on Fundraising for Redistricting Delayed

By Nathan L. Gonzales

After three hours of discussion on Thursday, a deadlocked Federal Election Commission postponed until next week an important decision about whether Members of Congress can raise soft money for some redistricting activities until next week.

In March, the National Democratic Redistricting Trust requested an advisory opinion about whether Members are allowed to raise money for the trust, which is handling the legal aspect of the Democrats’ redistricting effort.

On Monday, the FEC released two opposing draft advisory opinions — one that would allow and one that would forbid the trust from using federal lawmakers and candidates to raise unlimited funds for the organization.

After Thursday’s proceedings, it appears that commissioners Matthew Petersen, Donald McGahn, and Caroline Hunter agree with the first opinion that would allow the trust to proceed. Commissioner Cynthia Bauerly agrees with the second opinion, and commissioners Ellen Weintraub and Steven Walther are undecided.

A chunk of the discussion centered on whether redistricting activities are “in connection with” a federal election, a key legal distinction.

“Reapportionment is not drawing maps, it’s who gets how many seats,” said McGahn, a Republican. “If raising money for litigation” and its defense is regulated as a election-related activity, “then is the federal government spending money in connection with a federal election when they are running those Census ads?”

The FEC is expected to decide the matter by May 7.

It is possible that neither opinion garners the four votes necessary to issue an advisory opinion. In that instance, the FEC would not issue an opinion and the trust and other similar groups would be left where they started — without clarity on the issue.

“An advisory opinion is a shield, not a sword,” Democratic attorney Marc Elias told Roll Call before the most recent hearing, about the usefulness of the FEC’s decision when future complaints are filed. Elias filed the request on behalf of the trust.

Republicans are anxiously awaiting the decision as well.

Depending on how the FEC crafts its response to the trust, it could allow Making America’s Promise Secure, a 501(c)(4) that is coordinating the legal and data aspects of redistricting for Republicans, to raise money with Members’ help as well.

A favorable or neutral opinion from the FEC wouldn’t change the strategy for the trust or MAPS, but it could ease the fundraising lift.

The FEC’s decision will not affect the Republican State Leadership Committee’s Redistricting Majority Project or the Democrats’ Foundation for the Future, which are deeply involved in the redistricting process but are organized as 527s.

The next round of reapportionment and redistricting will be the first since the passage of the Bipartisan Campaign Reform Act, which eliminated soft money and therefore is expected to severely limit Members’ involvement in the process.

Alex Knott contributed to this report.

This story first appeared on RollCall.com on April 30, 2010. 2010 © Roll Call Inc. All rights reserved. Reprinted with permission.

Saturday, April 03, 2010

Democrats Tap O’Shea to Head Redistricting Trust

By Nathan L. Gonzales

Former Democratic Congressional Campaign Committee National Field Director Casey O’Shea will be the new executive director of the National Democratic Redistricting Trust.

Democrats are making the change after former Executive Director Brian Smoot shifted over to run the Democratic Senatorial Campaign Committee’s independent expenditure effort this year. But the trust didn’t have to go far to find his replacement.

After working with Smoot at the DCCC last cycle (when Smoot was political director), the pair formed their own consulting firm, 4C Partners, along with other former DCCC operatives Nicole Runge and Seth Pendleton. Before the DCCC, O’Shea was campaign manager and chief of staff for Rep. Charlie Melancon (D-La.).

“I’m very excited to be working with our top legal team to lay the foundation for the upcoming redistricting,” O’Shea told Roll Call on Friday.

The trust formed last year to coordinate state-by-state legal strategies and raise money for inevitable court battles in the next round of redistricting.

This story first appeared on RollCall.com and CQPolitics.com on April 2, 2010 and in Roll Call on April 5, 2010. 2010 © Roll Call Inc. All rights reserved. Reprinted with permission.

Wednesday, March 31, 2010

New Players Enter Redistricting Fight

By Nathan L. Gonzales

While Republicans and Democrats battle for the upper hand in selling the recently enacted health care bill, party operatives on both sides of the aisle are solidifying their strategies behind the scenes for the upcoming redistricting fight that will have an impact on Congressional politics for the next decade.

Democrats are making a change at the top of one if their key groups, the National Democratic Redistricting Trust, since Executive Director Brian Smoot is leaving his post to run the Democratic Senatorial Campaign Committee’s independent expenditure effort.

“I will be working with the trustees to identify a new director to ensure a smooth and seamless transition,” Smoot said. A decision on his replacement is expected to be made very soon.

The next round of reapportionment and redistricting will be the first since the passage of the Bipartisan Campaign Reform Act, which eliminated soft money and therefore is expected to severely limit Members’ involvement in the process.

The parties are forced to use hard dollars or rely on outside groups without Member involvement. But the trust recently asked the Federal Election Commission for an advisory opinion to clarify Members’ roles in certain redistricting activities.

“The Trust seeks to confirm that Members of Congress may solicit funds for the Trust outside the limits and source restrictions prescribed by the Federal Election Campaign Act,” according to the February 19 letter signed by Marc Elias of Perkins Coie on behalf of the trust. “[S]uch solicitations are not intended to influence any federal or non-federal election and will not advocate the election or defeat of any candidate for office.”

“An advisory opinion is a shield, not a sword,” Elias explained in an interview about potential FEC complaints filed by opponents in the future.

Even though redistricting is an inherently political task, Democrats want the FEC to continue to differentiate between legal activity and electioneering.

Republicans are anxiously awaiting the opinion as well. “Everyone wants to see what [the FEC] says,” explained one GOP operative.

“I’m very interested,” laughed prominent GOP attorney Mark Braden, who is working with Making America’s Promise Secure. Depending on how the FEC crafts its response to the trust, it could allow MAPS, a 501(c)(4) that is coordinating the legal and data aspects of redistricting for Republicans, to raise money with Members’ help as well.

A favorable or neutral opinion from the FEC wouldn’t change the strategy for the trust or MAPS, but it could ease the fundraising lift. The FEC has 60 days from when it received the letter, in mid-February, to respond.

Overall, the trust is just one part of the Democrats’ three-legged redistricting stool. The trust handles the legal component while Foundation for the Future, a 527, handles the data and analytical component in preparation for drawing the maps. But the political and electoral element is critical, too.

The Democratic Legislative Campaign Committee and its executive director, Michael Sargeant, recently announced a $20 million effort to capture state legislative chambers in order to control the redistricting process.

“The bottom line: The results of the 2010 state legislative elections will define how key reforms and policies are decided for the next decade,” Sargeant said in a March 15 memo.

The Democratic Governors Association is also part of the electoral component since governors in most states have a role in signing off on or vetoing maps. The DGA recently hired veteran Democratic operative Harold Ickes as fundraiser in chief to highlight the importance of gubernatorial races in the redistricting process.

As Democrats ramp up, Republicans are finally catching up with the formation of a new group that features some high-powered GOP players. Last month, the Republican State Leadership Committee, led by former Republican National Committee Chairman Ed Gillespie, launched its REDistricting MAjority Project.

“We want to make sure Republican legislators have pens in their hands,” former National Republican Congressional Committee Chairman Tom Reynolds (N.Y.) told Roll Call. Reynolds and others are quick to point out that the redistricting process starts with controlling as many legislative chambers as possible.

The former Congressman is vice chairman of the RSLC and heading up REDMAP, which is organized as a 527 and has a budget of $20 million for nonfederal races this November. Even if the FEC allows Members to raise money for the trust, current Members still could not get involved with a 527 such as REDMAP or Foundation for the Future.

REDMAP’s formation relieves some tension on the Republican side. Traditionally, the RNC has coordinated the GOP’s redistricting effort, relying heavily on soft money. Now post-BCRA, the party was forced to completely restructure its redistricting effort. The RNC will play more of an advisory and educational role this time around.

In contrast, Democrats have relied on outside groups in the past, such as labor unions for fundraising and coordination, making it easier for them to adapt to the new rules this time around.

The Republicans finally seem to be streamlining their operation. REDMAP has essentially joined forces with the American Majority Project, which was created in December and led by former Tennessee Sen. Bill Brock, former North Carolina Rep. Robin Hayes and former RNC Chairman Mike Duncan.

While REDMAP and the Republican Governors Association focus on the 2010 elections and winning seats at the redistricting table, MAPS will handle the data and technical element of redistricting as well as coordinate for the party’s legal strategy for the inevitable legal battles after the maps are drawn.

This story first appeared in Roll Call and on CQPolitics.com on March 29, 2010. 2010 © Roll Call Inc. All rights reserved. Reprinted with permission.

Thursday, October 01, 2009

Parties Solidifying Redistricting Plans

By Nathan L. Gonzales

Republicans were at risk of falling further behind Democrats in organizing for the post-2010 round of redistricting, but a new group led by former Speaker Newt Gingrich (R-Ga.) and former Senate Majority Leader Trent Lott (R-Miss.) is looking to fill the gap.

Redistricting may seem like a far-off exercise, but both parties are solidifying their strategies to tackle the expansive and expensive decennial task. Making America’s Promise Secure, the group headed by Lott and Gingrich, is a 501(c)(4) focused on the GOP redistricting effort.

Until now, the two parties have taken different approaches to tackling the electoral, analytical and legal components of the redistricting process.

Traditionally, the Republican National Committee centralized the GOP effort while Democrats relied on a coalition of outside groups. But passage of the Bipartisan Campaign Reform Act in 2002 left Republicans scrambling to reconfigure their traditional strategy, since the RNC used to fund the redistricting tasks with soft money. Democrats, meanwhile, because they had not relied on soft money to fund their redistricting efforts in the past, have been viewed as better positioned ahead of the 2011-2012 redraw.

“We saw a need and stepped up to fill it,” said Charlie Black, chairman of the MAPS Board of Directors.

Earlier this year, Republicans were in the conversation stage while Democrats were hitting their stride. This spring a group of former high-level operatives from the Democratic Congressional Campaign Committee formed the National Democratic Redistricting Trust to lead the legal leg of the party’s redistricting tripod.

The group’s trustees include former DCCC executive directors Brian Wolff and John Lapp and former DCCC Political Director Peter Cari. Prominent Democratic attorney Bob Bauer, who is married to White House Communications Director Anita Dunn, is the chief counsel for the group.

During the last round of redistricting, many Democrats felt like they couldn’t match the Republicans’ legal resources, so the redistricting trust is the Democratic effort to bolster that component of the party’s strategy.

Democrats believe that a trust — and not a 527 or 501(c)(4) — is the most flexible structure for this particular purpose, since other traditional tax-exempt structures aren’t appropriate and the group does not support specific candidates.

“We’re putting together a national legal advisory board along with state-by-state legal teams in cooperation with Congressional delegations and state delegations,” said Brian Smoot, the trust’s executive director and a former DCCC political director. “And we will be undertaking legal research and drafting strategic memos for each state.”

Foundation for the Future, a 527 organized in July 2006, will continue to lead the analytical component of redistricting for the Democrats. The coalition, which includes the Association of Federal, State, County and Municipal Employees, the National Committee for an Effective Congress and other Democratic groups, seeks to provide Democratic caucuses in each state with data, mapmaking software and demographic projections.

The Democratic National Committee convenes regular meetings with the key players in the party to make sure everyone is on the same page.

Democrats have left the analytical work to Foundation for the Future and the legal work to the redistricting trust. MAPS is seeking to fill both roles on the Republican side and provide a new home for the stable of Republican operatives who traditionally work on redistricting through the RNC.

The RNC, which appointed Tennessee National Committeeman John Ryder to head the redistricting committee this spring, will still have a role in redistricting, but many GOP strategists agree that they shouldn’t spend hard dollars on a task that can be done by an outside group using soft money.

The passage of BCRA, which eliminated soft money, severely limits Members’ involvement in the process. That’s why it is critical for former Members such as Gingrich and Lott and ex-Reps. Bob Walker (R-Pa.) and Vin Weber (R-Minn.) to be involved. Making America’s Promise Secure, the National Democratic Redistricting Trust and Foundation for the Future are not subject to federal contribution limits.

This spring, the RNC also signed on GOP redistricting authority Tom Hofeller as an outside consultant, but strategists believe he could eventually have a dual role as an outside consultant with MAPS as well.

“We want to provide the best umbrella for all experienced people who want to be involved to work on redistricting,” said Black, a lobbyist with BKSH & Associates Worldwide and a former senior adviser to Sen. John McCain’s (R-Ariz.) 2008 presidential bid.

Democrats “have a permanent organization and never stopped,” Black said. “We felt some urgency, but we still have plenty of time.”

MAPS, with the help of national Republican data and technology firm Intell360, is looking to take on the laborious and expensive process of analyzing the data. There is a need to collect and reformat the data (including election results and voter registration) in such a way that it can be easily merged with the new census data when it becomes available.

Then the data needs to be put in a usable format, coupled with mapmaking technology and made available to state caucuses or national groups at a minimal price. And key elected officials, staff and attorneys that will be involved in the redistricting process need to be trained.

“We’re trying very hard to be one-stop shopping, under the law,” said MAPS Executive Director Michael Smith, an Ohio field operative who was working for a 527 called Majority America and is closely tied with House Minority Leader John Boehner’s (R-Ohio) staff.

MAPS is also seeking to lead the Republicans’ legal strategy by incorporating many of the party’s attorneys with experience on redistricting, including Ben Ginsberg, Mark Braden and Cleta Mitchell.

While there is some skepticism that one organization can do it all, MAPS is working quickly to corral the experienced redistricting talent on the Republican side.

“They’re the first out of the gate and have some heavyweights on their side,” said one House GOP aide, who expects MAPS to go through some growing pains.

This story first appeared in Roll Call on September 24, 2009. 2009 © Roll Call Inc. All rights reserved. Reprinted with permission.

Friday, May 22, 2009

2010 State Races Will Shape Redraw

By Nathan L. Gonzales and Lauren W. Whittington

When Florida Gov. Charlie Crist announced last week that he is running for the Senate in 2010 instead of seeking re-election, the move was hailed as Senate Republicans’ biggest recruiting coup of the cycle.

But the news was hardly treated with applause from the Republican Governors Association or any Republican with an eye toward the upcoming post-2010 redistricting battle.

Crist’s departure creates an instantly competitive open-seat race — one of about a dozen next year that could have a serious effect on which party has more influence in the redrawing of House districts.

“Last time, the Republicans controlled more seats at the redistricting table than at any time since 1920,” former Rep. Tom Davis (R-Va.) said in a recent interview.

Fast-forward almost a decade and the picture heading into the next redraw looks very different for the GOP.

Both parties are aware of what’s at stake in the 2010 gubernatorial and state legislative races in terms of what the outcomes mean for the next redistricting fight, and both are ramping up their efforts accordingly. But Republicans appear to have the most to win or lose.

The party is down 40 seats in the House and out of power in the White House, and the sizable lead in the number of governorships that the GOP controlled after the 2000 elections has been whittled down to a 22-28 deficit.

On top of that, the upcoming redistricting will be the first since passage of the Bipartisan Campaign Reform Act, which eliminated soft money and will severely limit Members’ involvement in the process.

Traditionally, the Republican National Committee has coordinated the GOP’s redistricting effort, relying heavily on soft money. In contrast, Democrats have relied on outside groups, such as labor unions for fundraising and coordination, making it easier for them to adapt to the new rules.

Davis was one of the key players in the last round of redistricting as chairman of the National Republican Congressional Committee. He recalled how important soft money was in the committee’s effort to influence state legislative races in 1999 and 2000, the election cycle before the new lines were drawn.

For instance, Davis said the NRCC poured an estimated $1 million into General Assembly races in Virginia in 1999, the year that the GOP wrested control of the House of Delegates and therefore total control of the redistricting process.

“In 2000, we were very, very focused on the legislative elections, in terms of the state Legislatures,” Davis said. “We were planning well ahead of the game on that.”

But at the moment, Republicans appear to be barely getting out of the conversation stage in terms of their redistricting game plan, in part because of the transition to power of RNC Chairman Michael Steele.

The RNC is moving to take the lead once again, and on Friday, it announced Tennessee National Committeeman John Ryder will serve as chairman of the redistricting committee. The RNC also signed on Tom Hofeller, who is considered to be the party’s authority on redistricting when it comes to data and analysis.

“Every cycle there is a complete educational process within the party,” said Hofeller, who has decades of redistricting experience working at the RNC, the NRCC and as staff director of the House Subcommittee on the Census.

NRCC Chairman Pete Sessions (Texas) has tapped Rep. Lynn Westmoreland (Ga.) to be the Congressional liaison to other Members and to state legislatures. Both men have extensive experience with redistricting in their home states.

“I’ve been given the task to win. So that’s what we’re working on,” Westmoreland said. “We’re just trying to get it all coordinated and make sure that the left hand knows what the right hand’s doing.”

The RNC will likely be a vehicle for number crunching (fusing upcoming, block-level Census data with precinct-level election results, which can be a laborious process) and a valuable resource to state legislative caucuses. But it’s unclear whether the RNC can devote the same resources without soft money.

Unless Republicans are planning on funding the entire redistricting effort, including the electoral, analytical and legal aspects, with hard dollars during a presidential cycle, an outside group or groups will need to be formed.

“Everyone is coming around to the reality that this is a team game,” another GOP consultant said.

While conversations within GOP circles are clearly ongoing, a specific answer to the expected fundraising and coordinated efforts of Democratic groups has not emerged. Party insiders are discussing ways to merge experienced redistricting operatives with individuals who can raise the millions of dollars necessary to fund the effort.

A host of Republican attorneys, including Ben Ginsberg, Mark Braden and Dale Oldham, and other GOP operatives who have experience in redistricting will likely find a home in the GOP strategy, but there isn’t a natural landing place for them yet, nor a clear way to pay them.

According to one GOP source, a high-profile national Republican strategist is on the verge of forming an outside group in an attempt to fill the vacuum on the Republican side. The group could come together in the next couple of weeks and help raise nonfederal dollars for the cause, including the inevitable legal battles.

Fundraising continues to be a very serious concern on the Republican side, particularly after a cycle when the conservative group Freedom’s Watch failed to deliver the financial muscle that many people expected. Members can’t have anything to do with raising nonfederal money, so Republicans may have to rely on former elected officials, governors or special interest groups to raise millions of dollars. According to one GOP consultant, Republicans have to train their donors to give to outside groups.

Redistricting veterans caution that there is only so much that can be done from Washington, D.C., because redistricting is largely a state-by-state war.

“Ultimately, it’s about controlling the governors and the legislatures,” Davis said.

Governors play a direct role in redistricting (whether it is veto power or appointment of a commission) in all but eight states. And state legislatures will draw the lines in 36 states.

The Republican Governors Association and Republican State Leadership Committee are separately focused on winning gubernatorial and state legislative races in order to secure seats at the redistricting table.

“Nothing we do will be more important than what happens at the ballot box in 2009 [and] 2010,” according to one House GOP aide.

One factor that Republicans have on their side looking toward redistricting, Davis argued, is that most of the states with population growth lean toward the GOP. In addition, because of the massive Democratic gains in the past two election cycles, Davis said the Democratic strategy may be more about preserving the territory that they already have rather than carving new seats.

He estimated there are only about dozen states where it might be possible to draw a Member out of office.

“Democrats have so overperformed at this point, that there’s not a lot a lot of pickup that they’re going to be able to get in redistricting outside of California,” Davis said.

Fewer Republicans in Congress also means it’s likely fewer deals will get cut. Two of the key states where incumbent protection deals were cut last time — California and Illinois — are unlikely to see similar agreements this time, and both states favor Democrats gains.

Getting Members, outside groups and others to focus at this stage can be difficult, unless it’s made clear what is really at stake, Westmoreland said.

“I don’t think it’s too early, and I think it is a big story because it will determine the next 10 years of Congress,” he said.

This story first appeared in Roll Call on May 19, 2009. 2009 © Roll Call Inc. All rights reserved. Reprinted with permission.