For Release Wednesday, March 3, 2021

Capitol View
Commentary by J.L. Schmidt
Statehouse Correspondent
The Nebraska Press Association
Redistricting Proposal on the Table, Lawmakers Need to Pay Attention

      When my boys were younger and ready to quibble over the last piece of cake, I would advise them to share. I would ask one to cut and the other to choose first. It took a while, but the cuts grew ever closer to equal as the practice continued.
      Creative parenting? I like to think of it as common sense. It was a lesson applied numerous times and still the subject of family discussion. Common sense, imagine that. 
      Trying to equalize the size of NebraskaÕs governmental boundaries every 10 years should be as simple. New figures from the U.S. Census require new district boundaries for the U.S. House of Representatives, Legislature, Public Service Commission, University of Nebraska Board of Regents and the state Board of Education. That task lies ahead this year.
      To that end, Omaha Sen. John McCollister has offered a bill (LB107) called the Redistricting Act. He said itÕs a compilation of the best practices of several redistricting bills introduced by a variety of senators over the last several years. McCollister says itÕs essential that he and his colleagues get this right. He calls it one of the most consequential processes that senators undertake.
      I agree. IÕve seen a few of these through the years, including one that caused the state Supreme Court to order a special session to concentrate on the single topic of redistricting and get it right. IÕd rank redistricting right up there with the state budget and property tax relief. The budget because the state Constitution says thatÕs what lawmakers have to do. Property tax relief because IÕm tired of all the fiddling and faddling and so ready for the Legislature to bite the bullet and fix the entire tax system.
For Release Wednesday, March 3, 2021 Š Page 2

      A tall order you say? Yes, it is, but if I ruled the Legislature thatÕs the only three things weÕd discuss. Insert appropriate whining and Ņwhat abouts?Ó here. Listen to me. The budget has to be done, the state tax system is a mess and redistricting faces on-going criticism for being politically motivated. WhatÕs the problem with that? McCollister explains it best. The citizens may attempt to remove the process from the Legislature through the initiative process and place it in the hands of an independent commission.
      He told the LegislatureÕs Executive Board that a number of states have already adopted a commission model to remove partisanship from the process. And what could go wrong with an independent commission? Let me count the ways.  
      McCollister says his plan seeks to remove any consideration of political party affiliation, voter registration affiliation numbers and political history from decisions about congressional, legislative and other district boundaries. The goal is political neutrality and the process has to be credible and fair.
      Gone would be the ability of the full Legislature to amend boundaries agreed to by the redistricting committee following public hearings in all three congressional districts. The full Legislature would then have to adopt a final set of boundaries.
      Sounds simple enough. Among other provisions, McCollisterÕs bill would require that maps be drawn using politically neutral criteria and using only data and demographic information from the U.S. Census. The bill would prohibit consideration of residentsÕ political affiliation or registration and previous voting data.
      In case you werenÕt paying attention last year, amid the protests and the pandemic and the divisive national election, thereÕs been a delay in the census. The Census Bureau has announcedŹthat it will not release the data states use to draw their legislative maps until the end of September Ń months later than the usual springtime release.
For Release Wednesday, March 3, 2021 Š Page 3

      That gives states less time to draw maps, get feedback, resolve the ensuing lawsuits and enact their new plans before the next election.
      The McCollister proposal calls for data used in the redistricting process to be made available to the public and at least one public hearing held. Once a map is created, only amendments to correct technical errors would be allowed and the governor would be required to call a special session if the Legislature fails to adopt new maps.
      If the data isnÕt transparent about what and why, there is a great risk of sowing distrust in the process, which could, once again look very partisan. 
      I like what Preston Love Jr. of Omaha had to say about the process. Redistricting lines should be drawn Ņnot for party, but for people.Ó
      At this point, look for redistricting to come in a special session, perhaps in October, so the official 2020 Census figures can be used.
      -30-

J.L. Schmidt has been covering Nebraska government and politics since 1979. He has been a registered Independent for 21 years.