Ohio Redistricting Process Faces Legal Challenges and Citizen-Led Initiatives By Kiara Rodriguez

Gerrymandering continues igniting legal battles and grassroots initiatives in the aftermath of a recent court dismissal addressing the legislative district maps formulated in 2021.

Termed in 1812 after Massachusetts Governor Elbridge Gerry and the word “salamander,” gerrymandering involves manipulating district boundaries to favor one political party over another. This maneuvering often employs “packing” (concentrating opposition voters into fewer districts) or “cracking” (spreading opposition voters thinly across multiple districts), granting an unfair electoral advantage.

In a recent announcement, the Ohio Supreme Court delivered a verdict dismissing the challenge brought forth by the League of Women Voters of Ohio against the Ohio Redistricting Commission. The decision, made under the court’s original jurisdiction under Article XI, Section 9 of the Ohio Constitution, stirred dissent among some justices.

In a majority decision supported by Chief Justice Kennedy and Justices Fischer, DeWine, and Deters, the court granted the motions to dismiss filed by respondents Senator Robert McColley, Representative Jeffrey LaRe, and Secretary of State Frank LaRose. The motions to vacate filed by the same respondents were denied as moot, leading to the dismissal of the causes.

The case had originated from the League of Women Voters’ claims that the enacted redistricting maps aimed to entrench a Republican veto-proof majority in Ohio’s General Assembly for the forthcoming four years. The maps, passed by the Redistricting Commission with a 5-2 vote along strict party lines, allegedly deviated from the Ohio Constitution’s directives, precisely Article XI, Section 6(A), prohibiting district plans drawn primarily to favor or disfavor a political party.
The court documents revealed the disparity between the statewide vote shares of the Republican Party, ranging from 46.2% to 59.7% over the past decade, and the House and Senate districts’ allocations. The enacted maps purportedly designated 67% of House districts and 69% of Senate districts to favor Republicans, significantly skewing representation in their favor.

The plaintiffs contended that such extreme partisan gerrymandering violates the Ohio Constitution’s Article XI, Section 6(B), which stipulates that the number of legislative seats held by a party should closely correspond to the statewide voter preferences of the preceding decade.

The Ohio Redistricting Process faced criticism in a recent evaluation by Common Cause, receiving an “F” grade, aligning it with six other scrutinized states. This assessment added fuel to ongoing debates and discussions surrounding the process, amid legal battles and grassroots initiatives sparked by the aftermath of a recent court dismissal addressing the legislative district maps formulated in 2021.

John Schlosser, Special Advisor to Minority Leader Nickie Antonio, shared insights into the intricacies and challenges the Ohio Redistricting Commission faced.
“In the previous map of 2022, certain communities of color were excluded, like Trotwood and Liberty Township, raising concerns about fair representation,” Schlosser said.” We repeatedly heard communities expressing their desire for inclusion in particular districts to better represent their interests.”
“The Ohio Constitution significantly influenced state house redistricting maps,” noted Schlosser. He highlighted the challenges posed by constitutional guidelines, necessitating the alignment of populations across various districts.

Navigating Ohio’s constitutional requirements, such as ensuring population equality among districts, presents geographical challenges. Rules mandating House districts to fit within Senate districts and prohibiting the division of municipalities complicate the redistricting process. Despite these regulations, the drawn district maps encountered repeated rejections, leading to numerous attempts to create acceptable configurations.

David Carey from the ACLU of Ohio reflected on the lawsuits filed against the district maps drawn by the Ohio Redistricting Commission in 2021.
“We filed lawsuits against district maps, arguing they favored one party and were unconstitutional,” Carey explained.
Intricate legal complexities, multiple court interventions, and relentless efforts by advocacy groups have marked Ohio’s redistricting journey. “We’re currently left with the second congressional map enacted in early 2022,” Carey stated.

The decision to dismiss the challenge raised concerns among advocates and citizens, including the League of Women Voters Ohio, a leading force in redistricting reforms for decades. Despite the setbacks, these advocacy groups continue to emphasize the need for fair representation and citizen empowerment in Ohio’s redistricting process.
“We’ve been engaging citizens since the late seventies or early eighties,” Nazek Hapasha from the League of Women Voters Ohio said.”This whole decades-long advocacy process has led us to what we believe is the final resolution of having to take politicians completely out of the redistricting process.”

“Our members are actively engaging in collecting signatures to push for a constitutional amendment, which aims to eliminate politicians’ influence in redistricting,” she said
This initiative will introduce an amendment to replace the Ohio Redistricting Commission with an independent citizens’ redistricting commission. This endeavor involves significant efforts in educating citizens about the importance of fair redistricting and collecting hundreds of thousands of signatures from multiple counties to place the amendment on the ballot in November 2024.

After retirement, Maureen O’Connor, former Ohio Supreme Court Chief Justice, joined the campaign. She emphasized that recent events and legal challenges have highlighted the necessity of citizen-led redistricting processes, clarifying why such an amendment is necessary for the state’s electoral integrity.
“An independent process that values citizen input over political motives is crucial,” O’Connor said. “Ohio has been steadily working towards reform.”