Politicians draw the line in bids to keep power - Gerrymandering helps GOP run Senate, Democrats rule Assembly, critics say

Times Union, The (Albany, NY)
April 21, 2006

ALBANY - How do the Senate Republicans and Assembly Democrats hold their majorities?

One strategy was on display in full color Thursday as government watchdogs presented a series of maps showing how gerrymandered legislative districts vary in population, depending on where they are located - and which party is in control.
Critics say this gerrymandering, or drawing of district lines in a way that favors an incumbent or political party, runs afoul of the one-person, one-vote concept enshrined in federal case law. It adds to the long-standing complaint that gerrymandering is a self-serving way for politicians and parties to undermine the democratic process and hold power.

"Lawmakers are choosing their voters rather than voters choosing their lawmakers," said Rachel Leon, executive director of Common Cause New York.

Using census data and district maps, representatives of the New York Public Interest Research Group, the state League of Women Voters and Common Cause showed that the Senate, controlled by Republicans, is over-represented in much of upstate New York while the Assembly, dominated by Democrats, gives more sway to voters in New York City.

Looked at another way, there are disproportionately more assemblymen per-person in predominantly Democratic New York City, while there are more senators per-person in GOP-friendly upstate. So it's no coincidence that the Senate is controlled by Republicans while the Assembly is dominated by Democrats.

Legislative districts are supposed to represent equal numbers of people. That way constituents, no matter where they live, can have equally strong voices.

But it's not working that way in reality.

For example, the 48th Senate District represented by Republican James Wright, of Watertown, contained 290,025 people as of the 2000 census. Compare that to, say, the 12th Senate District, represented by George Onorato, D-Queens, with 318,484 people.

In effect, the folks around Watertown theoretically have more influence in the Senate than those in Onorato's district not only because the GOP controls the chamber, but also because the upstate district has fewer people competing for their senator's attention.

This manipulation is particularly important for Senate Republicans, who hold a four-seat majority. But both parties use these population-based gerrymanders to their advantage.

For example, there are 121,209 people in the 40th Assembly District, represented by Democrat Diane Gordon of Brooklyn. Meanwhile, upstate, the 113th District, with Republican Teresa Sayward of Willsboro, has 132,139 people, or almost 11,000 more.

There are exceptions to the pat tern. In the Senate, for instance, the largest population belongs to a Republican, Thomas Morahan, of New City, who won a 1999 race in a district that was considered up for grabs by both parties.

The population discrepancies are just one example of how gerrymandered districts keep incumbents in power.

"It's fundamentally unfair from a perspective of one-person, one-vote," added Blair Horner, NYPIRG's legislative director. "It's rigged to protect the incumbents."

Proof of that lies in the track record: Just 34 incumbents have been beaten in general elections during the past 24 years.

Horner noted that district popu lations have changed since the 2000 census, which was the basis for the 2002 redistricting. Many of the changes have only exacerbated the inequities.

He added that, while the size of U.S. congressional districts must match from district to district, legal precedent allows a swing of 10 percent within state districts.

Lawmakers noted that the current system adheres to the law, and redistricting is more than a simple matter of math.

"This is not the only factor required in reapportionment," said Tom Dunham, spokesman for Sen. Dean Skelos, R-Rockville Centre. Skelos helped lead the Senate's 2002 reapportionment.

Dunham said lawmakers also are supposed to try to adhere to county borders and aren't supposed to change existing lines unless they have to.

Assemblyman William Parment, D-Ashville, who helped lead his house's reapportionment, said lines in New York City were drawn with an eye toward keeping African-American neighborhoods in Brooklyn intact, so as not to violate federal law. Those decisions can have domino effects, altering the size of neighboring districts.

"Political influences come into play but they are a lot less than people suspect," said Parment.

Still, there is at least one bill in the Legislature that could change the state's system by creating an independent commission to draw new legislative districts after the 2010 census.

"This is not a Democrat-Republican issue. It's an issue of fairness," said Assemblyman Michael Gianaris, D-Queens, who is sponsoring the measure.

Rick Karlin can be reached at 454-5758 or by e-mail at rkarlin@timesunion.com.

See state Senate and Assembly district maps color-coded by population. Go to: http://timesunion.com