MS Dem Third Congressional District EC Letter to DOJ: GOP Map Artist Pledged to Draw Racially Biased Maps

In a letter to the United States Department of Justice's Voting Section Chief Chris Herren, Jackson attorney Dorsey Carson, the chairman of the Mississippi Democratic Party's Third Congressional District Executive Committee, recounts that during the 2011 legislative campaign Rep. Bill Denny (R - Jackson) pledged to "decrease the number of minority voters" within his House district.  Those who've followed Denny's career and studied the redistricting maps he drew this past legislative session won't be surprised, but the head of the USDOJ's Voting Division might be.

Redistricting statutes being ignored by Republican legislators?

Rep. Bill Denny (R-Jackson)

If you were like me, you thought Friday's article in the Clarion-Ledger regarding the current state of redistricting signaled that something fishy was going on.  In short, neither Rep. Bill Denny (R-Jackson) nor Sen. Merle Flowers (R-Southaven), the chairmen of the House and Senate committees on redistricting, would say a word about the process used to draw the new district lines.  Rep. Denny did say that the plans had been submitted to experts, but said he didn't know who those experts were (Sounds like he's got total control of the situation, if you ask me.).  Sen. Flowers wouldn't comment at all, and Lt. Gov. Tate Reeves (R) said that the plans would be revealed in the next few weeks.

Does Bill Denny saying, "Take my word, I've drawn something" count?

It seems like the only bit of news the Republican leadership wanted to get out was that the maps were drawn.  Why would that be important?

Let me introduce you to Section 5-3-93 of the Mississippi Code:

The members of the committee shall draw a plan to apportion, according to constitutional standards, the membership of the Mississippi Senate and the Mississippi House of Representatives no later than fifteen (15) days prior to the scheduled adjournment of the next regular session of the Legislature following the delivery of the 2000 decennial census data to the state and every ten (10) years thereafter and at such other times as they may be directed by joint resolution of the Mississippi Legislature.

Provided, however, the committee shall not be required to present a plan to the Legislature prior to four (4) months after the publication of census data.

Well guess what Saturday was?  The 15th day prior to the scheduled adjournment of this legislative session.  That means that the plans had to have been drawn by the committee no later than Saturday.  The question then becomes, what it means for a committee to draw a plan?  This opens several lines of inquiry: Does it mean that the chairman of the committee can just put pen to paper?  And if that's the case, how do you know that the law has been satisfied if the maps are not released?  Or does it mean that a plan has to be voted upon by the committee?  It's almost a nonsensical requirement to force a committee to draw a map and not vote on it. And how does a "committee" draw a plan, anyway? By voting on it, I would presume.

So that's why Republicans were rushing to get the word out that they'd "drawn" maps.

111 Days and counting...

But the question of whether last Friday's dog and pony show passes the drawing test is not the only problem Republicans are facing with statutes governing reapportionment.  Check out Section 5-3-103 of the Mississippi Code:

Upon completion of apportionment plans, the committee shall present its plans to the Mississippi Legislature, which shall act on the plans not later than the next regular session of the legislature. The committees to which the plans are referred shall report their recommendations to their respective houses no later than the forty-fifth day of the legislative session.

This language would seem to give legislators another session in which to pass new maps, but the language of 5-3-93 mandates that a plan be passed this year.  (The statutory scheme seems to contemplate that the maps would have been drawn last year and voted on no later than this year.)  The problem 5-3-103 holds for Republicans is in the second sentence.  The 45th day of the legislative session was February 16, which was the deadline for making requests that general bills and constitutional amendments be drafted.  On that day, the House was busy tabling the motion to reconsider on the ALEC-style "Sunshine" Act, and the Senate was busy welcoming foreign investors interested in opening charter schools.

So with no maps voted on by the committees 14 days before sine die (the last day of the session), the new Republican leadership in the Legislature may be on thinning legal ice with regard to redistricting.  But as this group has shown time and time again, laws are for Democrats.

Bill Denny would be oldest legislator in state history if reelected

In a new column, Bill Minor spends some time on Rep. Bill Denny (R-Jackson), who is facing a rocky reelection battle against defense attorney Dorsey Carson, Jr. Denny has steadfastly refused to do interviews, so we're left with pieces like this one.

In it, Minor describes a campaign mailer Denny's been sending out that tell voters they have the chance to put Republicans back in control of the House for the first time since 1873. (Otherwise known as Bill Denny's senior year of high school.) In his mailer, Denny also says that he wants to throw the "obstructionist liberals" out of the House. (We'll excuse the octogenarian the oxymoron.)

In response to the "obstructionist" term, Minor goes after Denny's refusal to allow Motor Voter legislation to go forward in Mississippi back when he was chairman of the House Elections Committee. (Y'all remember Motor Voter, right? From back two decades ago when MTV actually played music and nobody knew what the Internet was?) Denny's blockage of Motor Voter was the height of obstructionist behavior, costing the state a pretty penny in legal fees.

What gets me, though, is this whole thing about Denny being chairman of the Elections Committee in the first place. Republicans are trying to sell this year's legislative elections as the opportunity to finally bring new leadership to the State. That's pretty rich, especially coming from a man who will be the oldest legislator in state history if reelected.

Dorsey Carson to hold fundraiser tomorrow night

Dorsey Carson, a Jackson attorney, is running against Rep. Bill Denny (R-Jackson) for House District 64. A longtime resident of the district, the younger, energetic Carson should be a tough out for Rep. Denny, who is getting up there in years. Carson is holding a fundraiser Tuesday night at Hal & Mal's in Jackson, and the host list isn't too shabby. Here's a copy of the invite:

Carson Invitation

A new challenge for Rep. Bill Denny

This morning, Jackson attorney Dorsey Carson (D) announced his candidacy for House District 64, a seat currently held by Rep. Bill Denny (R-Jackson).  Carson is a real threat to take this seat, as he is well-connected and will be better funded than any challenger Denny could face.  As an impressive show of strength, Carson has received 133 supportive posts on his Facebook Group's wall in the 14 hours since it was created, and boasts over 1300 members.

This seat is very competitive under the current maps, but less so under the House plan that passed last week.  Currently, District 64 has a black voting age population (called "BVAP" amongst redistricting wonks and the DOJ) of 39.5%.  Under the House plan, the BVAP drops to 26.5%.  In addition to jettisoning 13% BVAP, which traditionally is heavily Democratic, Rep. Denny also picks up Jackson's Eastover neighborhood, which is home to tons of Republican money.

So here's the dilemma for Rep. Denny: if Phil Bryant is successful in blocking the House plan, Denny faces the very real possibility of losing his seat.  If Phil Bryant isn't successful, then Denny likely holds on to office.

Wonder how this is going to play out?

A look back at the House redistricting vote

Rep. Tommy Reynolds (D-Charleston)

Now that the House has approved its redistricting plan, it's time to look back at what happened, what didn't happen, and what it all means.

What happened

Rep. Tommy Reynolds (D-Charleston) displayed absolute mastery of the legislative and redistricting process.  Responsible for creating a map that would satisfy the Department of Justice, incumbents of both parties, election commissioners, and municipal officials across Mississippi, Rep. Reynolds managed to pull it off with characteristic poise.  Undoubtedly, Hercules faced an easier task at the Augean stables.  

So how did he do it?  Well, he worked with incumbent Republicans to ensure that they'd be on-board with the plan when it came out.  Take, for instance, Rep. Bill Denny (R-Jackson), the House Republican Floor Leader.  Rep. Denny's district added the wealthy Eastover neighborhood and dropped a Ridgeland box that was trending Democratic, essentially insulating him from challenge.  This pattern was repeated across Mississippi.  Republicans outside of the House called it "packing." Republicans inside the House called it "insurance."

Results of a Republican straw poll before the vote Friday showed that they had only 20 votes in opposition to the House plan.  In response, new MSGOP Executive Director Arnie Hederman and Rep. Mark Baker (D-Brandon) attempted to enforce party discipline on the Republican side of the chamber.  That's awfully hard to do when you're asking your members to vote against a plan they really like.  Nevertheless, the MSGOP threatened Republican members with a loss of support in their reelection bids if they voted for the House plan.  Four Republicans bucked their party, and that ensured the plan's success.  It also allowed the 29 House Republicans in favor of the plan to cover their rear with the MSGOP.  In short, they "took one for the team."

 

What didn't happen

The Republican Party never offered an alternative House plan.  There had been predictions Friday that the House Republicans would offer an alternative, and that they had 63 votes for it.  Ultimately, those predictions were way off-base.  Despite what Yallpolitics.com's Friday headline "YP BREAKING - Republicans hold strong against Billy McCoy redistricting plan in the House" might lead you to believe, no Republican even rose to speak against the House plan. And Saturday morning, the Republicans didn't even have enough opposition to the plan to cause a roll call vote.

Friday, MSGOP Executive Director Arnie Hederman called on folks across the state to light up the Capitol switchboard, call talk radio, and wear out the internet in opposition to the House plan.  He wasn't alone, as his request was repeated ad infinitum by party operatives online.  Turns out, Mississippians had a hard time getting worked up over what was clearly a partisan political game.  The Republican battle cry never took root in the throats of House Republicans, let alone everyday Mississippians, and the fight ended with a whimper, not a bang.

Here's a photo of the less-than-impressive Republican turnout in the gallery this morning as the House was to begin discussing the motion to reconsider:

4's a crowd?

What it all means

As Haley Barbour turns his attention to a presidential bid, the party discipline he instituted is already beginning to fade away.  In what was their first glimpse of what life will be like post-Haley, 

Mississippi Republicans can't be happy.  

All eyes are now on the Senate, where Phil Bryant is trying to safely navigate the waters.  If he reveals his own Senate plan in opposition to the Senate plan drawn by the committee he appointed, he'll lose whatever high ground he gained himself by appointing a bipartisan committee.  And if Bryant delays the process at all, he'll force two elections, which won't exactly make him Mr. Popularity heading into a contested GOP primary.

In the end, it's leaders like Rep. Reynolds that keep Republicans flummoxed in the House.  Even Majority in Mississippi reported word from a Republican strategist that Rep. Reynolds had "outfoxed" House Republicans on redistricting.  The institutional knowledge in the House belongs to Democrats, and it showed with this.  Reynolds pitted the interests of House Republicans against the wants of the MSGOP, and it was a masterstroke.

***Updated at 9:30 p.m. on 3/6/11 to clarify that it wasn't Majority in Mississippi that used the term "outfoxed." Instead, MIM simply reported what it had been told.***