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The one person, one vote principle

Pavel Šára, April 17, 2014

US since WW2: Issues

Decennial census

Origins of the principle

Sources

  • provides data for the reapportionment and redistricting process but also for other purposes (especially money distribution)
  • not everyone is counted - poor, illegal migrants tend not to be counted at all while others are counted twice
  • students
  • prisoners (generally not allowed to vote)
  • people hesitate to hand in the forms - especially illegal immigrants
  • people living overseas
  • congressional and state legislative elections
  • currently the most important redistricting principle that constraints the others
  • before the 1960s districts unequally populated
  • Redistricting Revolution of the 1960s
  • 1962 - Baker v. Carr, 1964 - Wesberry v. Sanders, Reynolds v. Sims
  • the accepted deviation not specified
  • current situation - zero deviation v. 10 per cent rule

Charles S. Bullock, Redistricting: The Most Political Activity in America (Lanham: Rowman and Littlefield Publishers, 2010).

Lisa Handley and Bernard Grofman, eds. Redistricting in Comparative Perspective (New York: Oxford University Press, 2008).

Thomas L. Brunell, "The One Person, One Vote Standard in Redistricting: The Uses and Abuses of Population Deviations in Legislative Redistricting," Case Western Reserve Law Review 62, No. 4 (Summer 2012): 1057-1077.

Ronald Keith Gaddie, Justin J. Wert and Charles S. Bullock, "Seats, Votes, Citizens, and the One Person, One Vote Problem," Stanford Law and Policy Review 23, No. 2 (2012): 431-453.

Laughlin McDonald, "The Looming 2010 Census: A Proposed Judicially Manageable Standard and Other Reform Options for Partisan Gerrymandering," Harvard Journal on Legislation 46, No. 1 (Winter 2009): 243-274.

Gerald R. Webster, "Reflections on Current Criteria to Evaluate Redistricting Plans," Political Geography 32, (January 2013): 3-14.

Reform proposals

The OPOV and its criticism

  • different data should be used to determine the size of the districts - citizens, people eligible to vote, voter turnout
  • partisan consequences
  • increasing the size of the House
  • the votes will never have equal weight
  • despite not being perfect, the OPOV is still the fairest variable
  • used for partisan purposes
  • congressional districts remain unequal
  • impossible to count everyone
  • population at the moment of the census v. population when district plans are approved
  • tolerate small deviations?
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