Commentary: An Independent Citizens Redistricting Commission can End Gerrymandering in Ohio

A proposed amendment to the Ohio constitution has been placed on the November 5, 2024 ballot as Issue 1 that, if passed, will prevent partisan politicians from continuing to gerrymander election districts in the state. 

Gerrymandering is the deliberate manipulation of the drawing of election district maps by partisan politicians to predetermine the outcome of elections before the first votes are ever cast. Gerrymandering has resulted in the majority political party in a number of states obtaining power and control, at the expense of citizens’ needs and interests.

November 5, 2024 Ohio Ballot Issue

Issue 1, if passed with a Yes vote, will establish an Independent Citizens Redistricting Commission in Ohio to replace the current commission made up of partisan politicians who oversee the drawing of election district maps used for selected state and federal elections.

Independent Citizens Redistricting Commissions in other States

There are seven (7) Independent Citizens Redistricting Commissions already in place in states around the country where citizens were interested in ending the practice of gerrymandering.

Establishment of this type of commission is still a relatively recent approach that began in the last fifteen years. States that have initiated an Independent Citizens Redistricting Commission have taken a number of different approaches in structuring these entities. 

It is important to be aware that there are politicians in a number of these states who have worked hard to remove or limit these Independent Citizens Redistricting Commissions in order to regain control, and return gerrymandering.

Utah provides an example where legislators in the state attempted to regain control in order to continue gerrymandered election districts.

An article in the July 29, 2024 issue of Desert News stated:

“In 2018, citizens passed Proposition 4, which established an independent redistricting commission, set standards for fair maps, and outlawed partisan gerrymandering.”

The article further stated:

“Almost immediately, the Legislature repealed Proposition 4 and replaced it with SB200, making the commission solely advisory. The new law also did away with standards meant to eliminate partisan gerrymandering.”

In 2022, the League of Women Voters of Utah and several other entities filed a lawsuit against the Utah Legislature over its action to repeal Proposition 4.  The Supreme Court of Utah ruled on this litigation on July 11, 2024.  An article in Desert News that day stated:

“The people’s constitutional right to alter or reform their government is protected from government infringement,” said the court . . .”

“The court ruled that when Utah voters pass initiatives, the ability for the Legislature to intervene or make changes to the initiatives is limited. Those initiatives are protected from ‘unfettered legislative amendment, repeal or replacement.’”

The Utah Supreme Court has sent this case back to the lower District Court to act on its order.

Structuring Ohio’s Independent Citizens Redistricting Commission

Among the highest priorities for Ohio’s Citizens Not Politicians initiative is to ensure that no politicians or lobbyists are permitted to serve on the Commission. 

And, a highly detailed set of requirements and operating procedures are structured in the ballot Petition’s actual constitutional language that ensures that the commission can not be used in the future to produce gerrymandered election district maps.  Critical to these requirements and operating procedures is the ballot Petition’s legal language that states:

“2.)  . . . the Commission is established to ensure an open and transparent process and fair outcomes that preserve the political power inherent in the people.”

A critical element of the Ohio Independent Citizens Redistricting Commission that is on the November ballot is that it must conduct all business with complete transparency. This includes broadcasting any meetings of the commission on TV for all citizens and media to see.

This is in stark contrast to the current commission that conducts all business in secret behind closed doors.