By Patrick Murry via PolitickerNJ.com
The New Jersey census data has arrived. Now the process of legislative redistricting can begin in earnest. If you have been following media reports about the process you may think that a number of decisions have already been made. Well, that’s what the 10 partisan commissioners would like you to think. Here’s my take on three items that the media has reported.
1. “The 11th member of the Commission will be Rutgers Professor Alan Rosenthal.” We don’t know that, although it has been reported as a foregone conclusion. The choice of this member is at the sole discretion of Chief Justice Stuart Rabner.
I have had the privilege of working with Professor Rosenthal and there are many reasons why he would be a good choice. He is undoubtedly the nation's foremost expert on state legislatures, and, importantly to this process, is fair-minded.
But there is also a reason why he would not be a good choice. Both political parties are desperate to have the Chief Justice pick him!
Here’s what we do know. Justice Rabner asked both parties to submit a list of potential candidates. The media has reported – repeatedly – that Rosenthal’s name appeared on both lists and therefore he is the likely 11th member. How did they get this supposedly confidential information? It did not come from the Chief Justice.
Both political parties decided to leak this information to the press. And then leak it again in case you missed it the first time. And then finally “admit” it in a public hearing. This has obviously been an attempt to make this choice a fait accompli.
Did any other names aside from Rosenthal’s appear on both lists? I doubt it. In fact, I wouldn’t be surprised if the Democrats and Republicans reached an agreement on this choice before submitting their “independent” lists to Justice Rabner.
At the end of the day, what both sides are most afraid of is the unknown. Alan Rosenthal is a known commodity who has the utmost respect for the job legislators do – “heavy lifting,” as he calls it in one of his books on the subject.
The ultimate irony would be if the 11th member was someone who appeared on neither party’s list. We shall have to wait and see.
2. “According to constitutional guidelines, the populations of each district can be no more than 5% above or below the ideal district size.” Specifically, we have been told that if New Jersey’s ideal legislative district includes 220,000 people, the individual districts must be between 209,000 and 231,000 residents.
That’s not entirely accurate, according to the experts I consulted at the National Conference of State Legislatures. The state Constitution specifies a much broader 20% margin on either side. But this has been overridden by a federal standard allowing for no more than a maximum 10% “range” between the smallest and largest district. However, that federal standard is calculated differently than what the media has been reporting.
Read the rest here.
h/t Chris Fotache
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BTPG
Thursday, April 21, 2011 at 9:22AM 