Showing posts with label elections. Show all posts
Showing posts with label elections. Show all posts

Thursday, February 12, 2015

DC Still Has Taxation Without Representation And The Structural Imbalance In The US Senate

I got to thinking about this issue again when I heard that Congress is trying to block DC from enacting its recently passed initiative to legalize marijuanaDC started challenging Congress on this, then a few days ago backed off.      [Note: check date of this post to determine if you should look for more current updates.] 

So, here are some facts:
  • Wyoming has an estimated 2014 population of 584,153.  [source is US Census table for all these state population figures.]
  • Vermont  has an estimated 2014 population of 626, 562.
  • Alaska has an estimated 2014 population of 736,732.
  • North Dakota has an estimated 2014 population of 739,482.
  • South Dakota  has an estimated 2014 population of 853,175.
  • Delaware has an estimated 2014 population of 935,614.

Each of these states has one voting member of the House of Representatives and two US Senators.  

Washington DC has an estimated 2014 population of 658,893.   

DC has one non-voting member of the House and zero US Senators.


Of course, people in California, who have two US Senators, might wish that Alaska, Wyoming, and North Dakota, and a bunch of other states be combined to share their US Senators.

California has an estimated 2014 population of 38,802,500.

California does have 53 members of the US House.

In 1800, not too long after the constitution was implemented,  the largest state (Virginia = 807,683) was 12.5 times the size of smallest state (Delaware = 64,273). [Numbers from Wikipedia.]  The intent of having two senators for each state was to protect the small states from being overwhelmed by the larger number of representatives of the large states.  But today the small states get way more representation in the Senate than the large states. 

Today, the largest state (California = 38,802,500) is  66 times the size of the smallest state (Wyoming = 584,153.)

I doubt the framers of the constitution foresaw that increasing gap between the large and small states. But I suspect it's one of the structural factors that skews the congress to theRight (along with gerrymandering).  The largest 15 states are way more Democratic than Republican and the smallest 15 states are slightly more Republican.

Smallest States'
Populations
State Senators'
Parties
563,626 Wyoming RR
625,741 Vermont DI
736,732 Alaska RR
739,482 North Dakota DR
853,175 South Dakota RR
935,614 Delaware DR
1,023,579 Montana DR
1,055,173 Rhode Island DD
1,326,813 New Hampshire DR
1,330,089 .Maine RI
1,419,561 Hawaii DD
1,634,464 Idaho RR
1,852,994 West Virginia DR
1,881,503 Nebraska RR
2,085,572 New Mexico DD
18,064,118
D=12 R=16  I=2




Largest States' Populations States Senators' Parties
38,802,500 California DD
25,145,561 Texas RR
19,893,297 Florida DR
19,746,227 New York DD
12,880,580 Illinois DR
12,787,209 Pennsylvania DR
11,594,163 Ohio DR
10,097,343 Georgia RR
9,943,964 North Carolina RR
9,909,877 Michigan DD
8,938,175 New Jersey DD
8,001,024 Virginia DD
6,745,408 Massachusetts DD
6,731,484 Arizona RR
6,724,540 Washington DD
207,941,352
D=18 R=12

18 million people in the 15 smallest states have 30 senators. They elected 53% R, 40% D, and 6% I.
207 million people in 15 largest states have 30 senators.  They elected 66% D and 33% R.

Large states have ten times the population and the same number of senators. 

Senators are elected by the whole state, so, once the state boundaries are set, the districts can't be gerrymandered.  But, as you can see, the states themselves, have such unequal populations that the largest states which vote overwhelmingly Democratic, are grossly underrepresented.  The House districts are defined in redistricting and so gerrymandering can effect the outcomes there.  If you look at the voting results of most house districts, you'll see the incumbents win by significant majorities.   All this skews the results in a way that doesn't necessarily represent the views of US citizens. 

In the senate, without significant change to the US constitution, this isn't going to change.  A long New York Times article  (I couldn't find a date, but there's a 2013 © on the bottom of the page) says:
"To be sure, some scholars and members of Congress view the small-state advantage as a vital part of the constitutional structure and say the growth of that advantage is no cause for worry. Others say it is an authentic but insoluble problem.
What is certain is that the power of the smaller states is large and growing. Political scientists call it a striking exception to the democratic principle of “one person, one vote.” Indeed, they say, the Senate may be the least democratic legislative chamber in any developed nation."

Can DC get two senators and a representative without a constitutional amendment?   FairVote says yes:
While DC residents did have representation in the early 1790’s, DC residents lost their right to vote in 1801 after the passage of the Organic Act, when Congress voted to take control of the District of Columbia. This occurred just ten years after the ratification of the U.S. Constitution and a mere 26 years after the famous declaration by Sam Adams--“No Taxation Without Representation”-- a version on the motto remains on DC license plates today.

FairVote firmly stands behind the right of every U.S. citizen to have a meaningful vote. DC residents are no different than all other Americans and should not be treated as such. If Congress can take away voting rights of citizens, then surely it can replace them. Every DC resident should be able to elect a voting member of the House of Representatives and two U.S. Senators.  [emphasis added]
In a more lawyerly piece, in 2006, Kenneth Starr (yes, that Kenneth Starr) and Patricia M. Wald* offer three points in favor of representation of the residents of DC.  First, they argue the representation is a basic tenet of the US and there's nothing in the Constitution to suggest the framers intended to disenfranchise residents of the District, which wasn't created until 1803 out of parts of Virginia and Maryland.  Then they argue that Congress has the power to do it:
Second, Congress's specific power over the District of Columbia is one of the broadest of all its powers. In the words of the Constitution, "Congress shall have power . . . to exercise exclusive legislation in all cases whatsoever" over the District. In a 1984 case decided by the U.S. Court of Appeals for the D.C. Circuit, on which we both sat, Judge Abner Mikva noted that through this constitutional provision, the Framers gave Congress "a unique and sovereign power" over the District. In that same case, Judge (now Justice) Antonin Scalia wrote that the broad language of the power gave Congress "extraordinary and plenary" power over our nation's capital. And in another case, that same court held that this broad power gave Congress authority to "provide for the general welfare of citizens within the District of Columbia by any and every act of legislation which it may deem conducive to that end." It is hard to imagine a broader, more comprehensive congressional power than this; and it is also hard to imagine that the power could not be used to advance a fundamental principle of our Constitution -- that the right to vote should be extended to all citizens.

But given that DC voter registration is 75% Democratic and 17% Republican,  there's little chance that  Congress is going to give DC two senators any time soon.


*The Wald bio is definitely worth reading.

Monday, November 03, 2014

Pennsylvania Computer Nerd Claims Berkowitz Lost Because of 2008 Election Fraud

With the 2014 election climaxing tomorrow, it seems appropriate to look at John Foelster's claims about the 2008 election in Alaska.  Foelster left comments on some Alaska blogs, including this one, last week, with a link to his website  [UPDATE Nov 23, 2016: his website now has restricted entry]  where he spells out the data that underlies his assertions. He writes
The fraudulent vote count would have resulted in Don Young being wrongly seated in a House seat actually won by his Democratic opponent Ethan Berkowitz, and would certainly have changed the outcome of the District 7 Lower House Race so that Democrat Karl Kassel would have beaten Republican Mike Kelly. [Note Kassel lost by four votes.] Democrats Andrea Doll of the 4th lower House District and Val Baffone of the 28th Lower House District were also likely the actual winners of the races they officially lost.
At what point do we take assertions seriously?  After all, I had had emails about the National Guard scandal as far back as 2010 and I'd seen Blaylock's long list of allegations on line.  But I didn't write about it for lack of further information and lots of other things to do.

My experience with the 2012 Municipality of Anchorage election (see list of posts at bottom of this post) showed me how vulnerable the voting machines are.  While I tend to think the problems in that election were more related to incompetence and not tampering with the voting machine software, the situation exposed the many vulnerabilities of the procedures and the machines.

I've read Foelster's claims.  They represent a lot of painstaking work, not only in gathering and interpreting the data, but also in how to present it.  He has a series of video tapes that walk you step by step through his hypothesis and the evidence backing it up.  While the conclusion is sensational, his presentation is not.  It's painstakingly detailed, self aware and self effacing, and outlines exactly how he went about getting to his claims.

I've sent the information to a couple of good data people and got a long response from one who knows a lot about elections and the computers. While this person didn't read it all, and raised some questions here and there, he allowed it was a possibility and was concerned about the greater environment of election fraud vulnerability of the nation as a whole.  I've also had some email exchange with Foelster to follow up with questions I had.

Problems with Reporting Computer Crime

Manipulating computer data is the kind of crime that doesn't emotionally effect people like murder, armed robbery, kidnap, and rape.  Television footage of computer code just isn't compelling. Computer crime is all hidden in 1's and 0's inside the computer, in computer code that most people don't understand.  It's also something we don't want to believe is happening because it violates our sacred belief in American democracy.  There are lots of websites that give details on how the voting machines can be hacked.  Bradblog covers all sorts of voting issues including problems with voting machines.  Here are some others.
I list all these sites just to remind people that there are legitimate and serious issues with voting machines that should be understood by everyone.  Citizens United is one issue, but the vulnerability of the voting machines may be an even bigger one.

So, back to Foelster's allegations.  Here, from his website, is the outline of his evidence:
[UPDATE Nov 23, 2016: his website now has restricted entry]
"The lines of evidence are as follows:
  1. The polls in 2008 indicated that the Democrats in Alaska would do much better than they did in the reported results.
  2. In 2012, there was a large swing to President Obama, one that was too large to have been caused by Governor Palin no longer being on the Republican ticket.
  3. The number of Democrats in the electorate in 2012 was significantly lower than the number in 2008.
  4. The report on electorate composition this information can be found in appears to have been reformatted in an attempt to draw attention away from it.
  5. The 2008 results are unique in recent Alaska history for having very Democratic Absentee results and very Republican in precinct results.
  6. A variation on a known technique for compromising AV-OS machines would have produced the effects described above, and this hack could have been introduced by one person working in Juneau.
  7. The size of the above anomaly varies from district to district based on the number of registered Democrats in precincts with AV-OS voting machines.
  8. The State Review Board’s Hand Count Audit of the paper ballots could also have been compromised by this same single person."
Each item links to further information.  

As I read this, I see him taking two main approaches:
  1. Technical:  The data show anomalies that indicate votes in 2008 were tampered with.
    1. In 2012 there was a significant boost in votes in Alaska for Obama than in 2008.  This runs counter to every other state where the support for Obama went down in 2012. This happened because in 2008, a large number of Democratic votes in Alaska were switched over to Republicans. 
    2. How the voting machines work and how to hack them to get the results he thinks happened
  2. Human:  The narrative of who might have been involved, how, and why
For me, the human narrative part is weak.  But that doesn't really matter.  He doesn't have to prove who did this.  What he has to demonstrate is the problem with the data and technically how votes could have been manipulated.   And that part I think he's done - at least to the point that others with the appropriate expertise should follow up and determine if his allegations have merit.  It may lead to a dead end, but even then it would help expose the vulnerabilities of the process and technology further.

The technical part isn't necessarily flawless.  Perhaps other explanations would account for what he found.  For example, if enough Democrats switched parties to vote in the Republican primary race between Murkowski and Miller, would that accounts for the dip in Democrats that 2008?  I don't know. 


Who Is John Foelster?

Foelster identifies himself as a 'nerd' who lives in Pennsylvania and has never been to Alaska.  He also has Aspbergers. And experience in computers and voting technology. I don't see that he has any particular interest in Alaska politics other than he saw this inconsistency and then obsessively pursued it. My sense of Foelster is that this anomaly caught his attention and he ran with it.    I don't believe he works for any party or has any particular personal interest in Alaska.  It's just a puzzle that came his way and he got deeply into it.  I understand that.  I did something similar with the redistricting board.

Computer crimes are hard to prove - first that they happened and second who did them - without lots of access, patience, and savvy.  

Even if all his allegations proved to be correct, I don't see Ethan Berkowitz being retroactively sworn in to the House of Representatives.  But if this really did happen, we ought to know about it and take steps to do something to protect us better in future elections.  And if it didn't happen here the way Foelster says, there are other possibilities where it might have happened.

Can it happen in tomorrow's election?  Yes, but there were patches made, according to Foelster, in 2011 that would preclude the particular hack he describes as for 2008.


What Next?

I see two things that should be done here:
  1. We need a technical election committee that reviews every election in Alaska.  It looks at the hardware, the software, and makes a statistical analysis of voting results to find any suspicious anomalies.
  2. That committee could start by reviewing Foelster's work.

I would note that the Municipality had such a committee - though its charge was not quite this thorough - but it was abandoned before the 2012 election.

I would also note that in that election there were lots of sloppy practices - plastic seals on ballot bags that easily broke off, voting machines and ballots being taken home by election workers overnight - that opened up many opportunities for fraud.  Barb Jones, the new municipal clerk (after the 2012 election) and the election official Amanda Moser, have eliminated some of these practices and have been accessible to me as a blogger to exactly how each step of the process works.  But we're still too much in the small town, we trust each other, level that our procedures originally came from.  We're still leaving a lot of windows open and doors unlocked.

2012 Municipality Election Posts To Show Where My Concerns Come From

I have put together a list of posts I did on the 2012 Municipal election.  (The posts were not well labeled and I had to poke around to find them.)  I offer this list to help readers understand my experience with elections and why I'm willing to give John Foelster some attention here. 

The Myth of the Big Election Turnout 

Guadalupe Marroquin, Former Anchorage Election Chief Talks About The Election... (10 minute video on how to tamper with the machines and how they work from the previous election chief)

What Do The Election Percentages and Numbers Tell? Maybe Nothing

Polling Gap - Dittman Confirms It's the Biggest 

Brad Friedman Rips Apart Election Commissioner's Testimony 

Jacqueline Duke, Elections Chief, Fired by Assembly

What's Happening With The Anchorage Election? 

Assembly Exchanges Barbs: Barbara Jones To Replace Barb Gruenstein.

Citizen Group on Election Meeting Now with Assembly Attorney

Hensley Report on Election Now Available - Form Over Substance 

141 "Potentially Uncounted Ballots" Found July 11 (From April Election)
(August)

How Many Ways Are There To Steal An Election? And Why Doesn't Anyone Care?
(This is marginally about Anchorage - trying to link us to bigger national issues)



Saturday, October 18, 2014

Dantzing With Pollsters - Follow Up

Yesterday I did a  post about ways to respond to political pollsters that raises questions like what do you owe telephone survey folks?  The only things I said you owe them are some respect and friendliness, because it's not an easy job.  I just got a call from a local Anchorage number - 268 2121.  It's a bit late for calls, but I answered it.


Caller:  May I speak to Steve?
Me:  Whose calling?
Caller:  Tanya.  I'm from MRS.
Me:  [She sounded tired, and remembering my advice, I answered in a very friendly]     Hi Tanya, how are you doing tonight?  What is MRS and where are you?
Tanya:  McQuire Research Service, in Nevada.

Well she was clearly pleased to get a friendly response and, in her words, "not to be yelled at."  But I did tell her about yesterday's blog post and she asked if I wanted to do the survey.  Since she'd identified her company, which I'd said yesterday legit pollsters should do,  I said, 'Sure."

Tanya:  How likely are you to vote next month?
Steve:   Barring getting hit by a bus . . . you know Tanya, actually, I plan to vote next Monday when early voting starts.  So I'm definitely voting in October, not next month.
Tanya:   . . . .
Steve:  If I say I'm not voting next month, that ends the survey, doesn't it?
Tanya:  Yes . . .
Steve:  I guess they didn't write the question very well, because I'm sure they don't care when I vote, do they?  But since I'm not going to vote next month, and I answered honestly 'no,' you have to end this right?
Tanya:  Yes,

I thought I heard an unspoken, "but . ."

I hope she still gets paid, even though we only did the first question.  But she shouldn't be penalized if people don't plan to vote.  That's information too.  I should have asked her. 

[OK, this post is sort of a stall.  I'm working on several longer posts that aren't quite right yet, and this seemed like an easy filler.  But if you didn't see the original post Dantzing With Pollsters, that has a little more meat.

I don't generally watch television or listen to much AM radio, so I'm relatively spared a lot of the political advertising.  The mailed advertising doesn't make noises and is easy to put into the recycle bin.

But I noticed tonight, getting a Youtube clip for a post I'm working on, that I got a Dan Sullivan ad linking Mark Begich to Obama before the video.  But I had to play the video several times and then I got Begich ads with a women talking about how Sullivan would interfere between her and her doctor at her clinic. 

Thursday, October 02, 2014

224,448 Of Anchorage's 216,038 Voting Age Population (or 103%) Are Registered To Vote

Yes, go back and read that title carefully.

Anchorage's 2010 census data show 291,826 people.  Of those 75,788 are under 18 years of age.

That leaves 218,038 people old enough to vote.  103% of them are registered to vote.

The Alaska's Division of Elections has 224,448 of them registered* to vote. 

That comes to just under 103% of eligible voters are registered.  I didn't intend to write a post on this, but the numbers popped out at me when I was working on another post.  I've already written two posts - one in 2008 on Anchorage voter registration and one in 2010 on Alaska voter registration - that makes this same point.

Nationally, about 71% of the voter age population is registered to vote. So, Alaska is really high.  [At the link you have to do the math yourself - it gives 206,072,000 Americans eligible to vote and 146,311,000 actually registered.]  

As I said in the earlier posts, Alaska has a lot of transients and keeping track of people who move away and don't notify the Division of Elections isn't easy.  Division of Elections will tell you they purge the lists of people who haven't vote for four or five years and they check against names of people registered in other states.  Furthermore,  some people notify them when a relative has died or left the state.

But when you have more people registered than you have actual people eligible to vote, there's something wrong.  And it leaves an inviting hole in the system should anyone be looking for some phantom voters for their candidate or issue.  

I don't think there's any hanky panky going on here.  I think no one has taken this issue seriously and looked for more aggressive ways to purge the rolls.  And such purging needs to be done carefully, not in a way that will knock legitimate voters off the record books. 


Notes:

For the sticklers out there, I'm using 2010 census data and 2014 voter registration data.  So there are surely more people in Alaska since the census.  But I didn't count the over 5,000 registered voters in District 12 who live in Peters Creek and Eklutna (in a district otherwise in Mat-Su.)


*Actually, the Division of Elections doesn't split out data by cities or boroughs.  They offer data by Party and Precinct (with district totals), by Age, and Voter History.

Voter Registration Data Options on Division of Elections website
I called and told them this was all I could find and was there an easier way to get the Anchorage data.  The email I got back sent me back to this page.  So I went through Statistics by Party and Precinct and added up the totals for the Anchorage districts (Districts 13 - 28), which came to 224,448.  There may be some adding errors, but nothing serious enough to negate the basic point - that we have a large number of people on the registered voter list who no longer live in Alaska. 

Sunday, March 30, 2014

Cashing In On The New Cannabis Industry

I noticed this ad in the Anchorage Daily News today.

From their website: 
Welcome to the Alaska Cannabis Institute and the exciting CannaBiz industry. The opportunity to enter an industry on the ground floor comes around very rarely in most peoples lives.  Many say it is no longer a question of whether cannabis will be legalized in the US, rather a question of when and how it will be legalized. Alaska will vote on August 19, 2014 to allow adults, 21 and older, to own, smoke and buy cannabis while also allowing individuals to grow up to six plants. If passed, Alaska will become the third state to legalize retail marijuana. The Alaska Cannabis Institute is excited to lead the way by providing two-day seminars to educate people about CannaBiz. Day 1 will cover the legalization of marijuana, marijuana tax policy, and the juxtaposition between Alaska and Federal marijuana law and policies. Day 1 also features a comprehensive lecture on setting-up and running a CannaBiz while maintaining compliance. Topics to be covered include: CannaBiz planning, CannaBiz accounting, CannaBiz banking, CannaBiz site location, and more.
Day 2 will present a comprehensive overview on marijuana horticulture and growing. It is so important for anybody getting involved with the cannabis industry to have a broad understanding of how to grow marijuana. The Alaska Cannabis Institute provides: step-by-step instructions on setting up an indoor grow for year-round production, garden calendars and checklists, soil and containers, lights, lamps, and electricity, air, water, and nutrients. Day 2 also examines equipment, seeds, vegetative growth, flowering, harvesting and more.

Medical Marijuana Business Daily has a list of training organizations nationwide and state by state.  Although Alaska is listed, there's nothing listed.  There's no mention of the Alaska Cannabis Institute. 

The Alaska Cannabis Insitute FAQ's under "Where is the ACI headquartered?" tells us it's
"headquartered out of Tacoma, WA. Our parent company is a licensed Limited Liability Company called Pacific Sun West, LLC. Upon sign up, charges on your credit card will be shown as Pacific Sun West. There is a reason for this, which is one of the tips we will discuss in the seminar. Confirm our LLC license status here"
The link doesn't take us to Pacific Sun West, LLC.  It goes to a State of Washington website that lists a company called PENNY HARRISON AND COMPANY.  A link to a Secretary of State page gets us a little more information including a list of officers.
Treasurer MADSEN, BROOKE    BELLEVUE, WA
Vice President   HARRISON, MAX P,   EVERETT, WA
President, Chairman   HARRISON, PENNY L,   EVERETT, WA
An Alaska Dispatch story on Alaska entrepreneurs in getting ready for the initiative to pass, mentions the seminars and quotes someone called Cory Wray.  Looking for Cory Wray is  difficult because there appear to be a number of folks with that name, including a race car driver, and someone who has an online jewelery shop out of Topeka, Kansas/Choctaw, Oklahoma that has a long complaint about it on Ripoff Report.  The Topeka Better Business Bureau has 35 complaints on them.  I don't think this is the same Cory Wray. 

There's a Cory Wray website that offers a few marijuana posters and two hemp products.  The contact information says:
Contact

Tacoma Parkland seattle renton kent pullma Spokane fircrest university place
I'm guessing this is probably the one.


Another FAQ from the Alaska Cannabis Institute:

Alaska laws have not been passed yet, how can you speak on those issues?

Although Alaska policy has not been set, we do know what the Federal policy is. Understanding the Federal policy on MJ; Federal tax policy and 280e; banking regulations and how to troubleshoot them - provides extreme value. We also know Alaska plans to model states like Colorado and Washington when it comes to writing their policy. So, some things we expect AK lawmakers to enact are: setting the minimum age at 21-years-old, tracking from seed-to-sale, and licensing. We will be lecturing on these concepts and more. Also, medical MJ is already legal in Alaska, so we will also cover topics related to the current laws.

The price of the two day seminar is $420.  420 is a code for marijuana.  If the code were 320, would the seminar be $100 less?

I checked one of the programs listed on the Medical Marijuana Business Daily site and I found the Washington Marijuana School  where you can take a two day course for only $300.   But you have to get to Seattle.

Or you can buy a set of videos for $150.

Business Insider has an article called  "Weed Startups in Washington Face Huge Challenges."   I suspect anyone interested should assume that like in the Alaska gold rush, lots of folks participated, but very few made money.  A higher percentage of those selling to the miners probably made money.  And people like this school will probably make more money teaching classes than the participants will make selling marijuana.



[Note to regular readers:  This was supposed to be a quickie post based on the classified ad. I have other posts lined up, but I didn't want to spend the time I thought I needed to do them.  But I could have done one of them given the time this ended up taking.  I think blogging may be a disease.]




Tuesday, February 04, 2014

Violence Against Women In Alaska - CNN Special Report - UAF's Campus Newspaper

[I'm not sure how to write this post.  It's about outrageous postings about women and rape, how the University of Alaska Fairbanks (UAF)'s student newspaper handled them, and how the University itself handled it all.  And the underlying lack of concern about violence against women in Alaska. I decided, last night, after looking around for more information, that I had too many questions to post this story yet.  

But then this morning a friend emailed me a link to a CNN report on Alaska's off-the-chart rates of violence toward women.   It seemed I had to post something.  I have too many unpublished posts sitting, waiting to be 'good enough' to post.  This is too important to be ignored.  I don't have any answers, but I have some of the questions.   So, I'm basically just giving you an overview and throwing it out for others to think about.  This is stuff happening in our state, in our cities and towns, every day while most of us look away.  I have to post this, rather than look away.]

[UPDATE 2/7/14:  A comment from Robyne [see below] who identifies herself as the student newspaper advisor says that the student wanted her name in the newspaper.  If that's the case, it changes my key issue here, but not all the contextual issues.  She also says that the article helped to raise the issues for discussion on campus.]

A Facebook post last night sent me to a blog by Fairbanks faculty member Sine Anahita lamenting the university's tolerance of 'slut-shaming' in the student newspaper.  She cites a report that exonerates the newspaper and finds no sexual harassment [is protected]:
"University of Alaska Fairbanks has determined that sexual harassment of women in the student newspaper and online is constitutionally protected. The university’s general counsel’s office, the Office of Diversity and Equal Opportunity (D&EO), and an outside attorney hired by the university to review my Title IX complaint all agreed that the Sun-Star exercised its right to free speech when it published two articles that sexually harass women. Read details about this issue here: http://wp.me/p3HWTd-1w"
In another post she focused on a story in the UAF Sun Star that used screenshots from a FB confession page that named a specific student.  Here's an excerpt from an article from the following week's edition of the Sun Star about the original story.  I've blocked out the student's name which was in the original Sun Star piece.  
"On Tuesday Apr. 16, the UAF Confessions page administrator posted a “confession” that crossed the line for some of its audience. The post read, “Like if you’ve fucked xxxx xxxxx. Comment if it was a 3 some!” The post immediately received criticism from users surprised that the page administrator would allow the sexually explicit content targeted at UAF communications student and graduate teaching assistant XXXX XXXX."
All the comments cited on the confessions page express disgust at the posting and shock that it's being left up with the name.  Partly that's the purpose of the First Amendment - to get things out and get them debated.  But leaving in the name seems to go too far.  I can't articulate it more than that yet, which is why I wanted to wait on this.  But imagine your sister or daughter or son, for that matter,  being named that way in a newspaper which is still online almost a year later.  Anyone who googles her name would find it on the student newspaper website.  Something is just wrong there.

I must also add that the article in the paper quotes the student named in the piece.
“I hold no ill will to anyone that has created this page or message, but it did make me stop think [sic]: Here I am, a graduate student at UAF with so much to feel good about in my life, and an anonymous person calls me out on a UAF public forum for my sexuality,” XXXXX said in reflection. “Mostly, I think it is interesting that calling out a woman for her sexual activities is still the way that men (and women) put other women down.”  [Again, I xxx'd out the name]
Maybe she's a lot more sexually liberated than most of us.  Or maybe she's putting up a good front.  I have no way to evaluate at this point. 

As I say, I wasn't going to post on this yet.  But this morning someone sent me a link to a CNN special report.   CNN sent John D. Sutter to Alaska to report on our off-the-charts rates of  violence against women.  
The extent of Alaska's problem with violence against women is both horrifying and clear: Alaska's per capita rate of reported rape is the highest in the country, according to 2012 FBI crime data. An estimated 80 rapes are reported in Alaska for every 100,000 people. That's nearly three times the national average of 27; and almost seven times the rate in New Jersey, the state where reported rape is least common. Those comparisons are imperfect, of course. But localized surveys in Alaska paint an even bleaker picture. A majority of women – 59% -- have experienced sexual or intimate partner violence, which includes physical violence and threats; and 37%, nearly four in 10, have been raped or sexually assaulted, according to a survey of 871 adult women in Alaska, published in 2010.
I couldn't find the actual University report  that finds the postings constitutionally protected, so I emailed blogger and professor Anahita about its availability.  She wrote back:
"The report is not online, but it was sent to several news organizations. I can't share it with you because I think it would be unethical. There are many documents in the report that are clearly marked CONFIDENTIAL. But I'm happy to summarize the contents."
It's a little ironic that the newspaper can, without permission, publish a student's name connected to her sexual behavior written anonymously, but the report investigating it is confidential. [Note comment by Robyne below who says the student insisted that her name be put into the piece.  That would change my biggest objection here.  The person who does the insulting isn't able to reveal his name, but his intended victim has no problem standing up and identifying herself.  That changes the dynamics.]

I am a strong supporter of First Amendment rights, but there are exceptions to them, like shouting fire in crowded theater.  The rationale there is that people might get trampled and hurt in the ensuing panic.  I can't see how people, particularly women, aren't emotionally trampled by such posts, especially given the situation here in Alaska.  But the "Fire" example isn't as clear cut as it seems. There are libel and slander laws that also limit free speech. 

The University of Alaska Free Speech policy is pretty clear:

P01.02.010. Freedom of Speech.
A.
An environment of free and honest inquiry is essential to the functioning and the mission of the university. The board and the university therefore acknowledge, affirm, and espouse the right of freedom of speech as guaranteed in the Constitutions of the United States and the State of Alaska. The essential purpose of the university is to engage in the pursuit of truth, the advancement of learning and the dissemination of knowledge. To achieve this purpose, all members of the university must be assured of the constitutionally protected right to question, speculate, and comment, as well as the right to criticize the university and society at large.
B.
The university will not limit or abridge any individual's constitutional right to free speech.
What happens when it conflicts with the  University policies on Sexual Harassment?

University of Alaska Policy Regarding Sexual Harassment

P04.02.022. Sexual Harassment.
A. The university will not tolerate inappropriate sexual or sexually harassing behavior and seeks to prevent such conduct toward its students, employees and applicants for employment. Violation of this policy may lead to discipline of the offending party.
B. Since some members of the university community hold positions of authority that may involve the legitimate exercise of power over others, it is their responsibility to be sensitive to that power. Faculty and supervisors in particular, in their relationships with students and subordinates, need to be aware of potential conflicts of interest and the possible compromise of their evaluative capacity. Because there is an inherent power difference in these relationships, the potential exists for the less powerful person to perceive a coercive element in suggestions regarding activities outside those inherent in the professional relationship.
C. It is the responsibility of faculty and staff to behave in such a manner that their words or actions cannot reasonably be perceived as sexually coercive, abusive, or exploitative. Sexual harassment also can occur in relationships among equals as when repeated unwelcome advances, demeaning verbal behavior, or offensive physical contact interfere with an individual's ability to work or study productively. Consensual sexual conduct that unreasonably interferes with other employees’ work or creates a hostile, intimidating or offensive working or learning environment constitutes sexual harassment for purposes of this policy.
D. The university is committed to providing an environment of study and work free from sexual harassment and to ensuring the accessibility of appropriate procedures for addressing all complaints regarding sexual harassment. Nothing contained in this sexual harassment policy will be construed or applied to limit or abridge any person’s constitutional right to freedom of expression or to infringe upon the legitimate academic freedom or right of due process of any member of the university community.
Apparently free speech trumps harassment.   I wonder what would happen if students started testing the limits of free speech in class.  "Professor, did you fuck your wife last night?  Is that why you haven't graded our papers yet?"  I wonder whether the student's free speech rights would be upheld. 

In another post, Anahita shares some of the hate mail aimed at her.  I was confused about whether this came to her website or not and asked her that by email.  She responded:
"The comments that I posted in "Misogynist Hate" on my blog were from blogs on other sites. I have not been able to trace the origins of most of them. I found them by searching for my name and Title IX. Some of them have been deleted or I get a "page not found" error. There was a period in November when there were dozens of them, but now there are fewer hits." 
 I don't claim to know what motivates someone to write and post this sort of stuff.  But unless we try to understand it, things aren't going to change.  These are troubled people.  I post some of the comments for same reason Anahita does "As an antidote to the online hate, and as a way to contribute to the data about online misogyny."
“She’s so ugly I wouldn’t rape her with a dead man’s penis.”
“She would never, even if she was the only woman on an island with thousands of men, have to worry about being raped.”
“if THAT is a picture of her, i think she “doth protest to much” as a reaction to her inner desire to partake in the sex she doesn’t stand a chance of ever getting.”
“What that femiNazi needs to do is go in search of a sense of humor. That is not sexual harassment; true sexual harassment is something she need never worry about, judging from her mouth and her photo.”
“Dear Feminists, Please get a Life . Perhaps get laid, get over yourselves we are tired of hearing from your twisted little selves”

Sutter, in the CNN piece, writes:  
I asked [UAA Justice Center director] Rosay  what researchers had done to try to make sense of [the high violence rates against women.] Had there been efforts to interview rapists? To understand what life experiences may have led them to rape? Or to try to figure out what might stop perpetrators from raping again?
No, he said. Not to his knowledge.
But, he offered: Maybe that would help.
That conversation and others like it led me to the small community where I met Sheldon – and to the decision to focus on offenders rather than victims. A common refrain from women's rights activists is that "rape won't stop until men stop raping."
I couldn't agree more. Victims aren't to blame; rapists are. [emphasis added]
I've sometimes thought of interviewing prisoners about how they got there.  Without understanding what sort of life history leads to the mean, hateful comments and to actual violence, we can't take action to meaningfully reduce the incidence of violence against women.  

I'm leery of abridging Free Speech.  It's how people express their ideas and feelings. It's how we keep a free society.   And letting people express their vile feelings and thoughts is a way to find out what lurks in our communities.  Isn't it better to know these thoughts are there?  But once we know these things, our institutions - like the legislature and the university - have responsibilities to act to alleviate the conditions that give rise to the kinds of hatefulness that is expressed.  And to give protection and comfort to those targeted.  I understand some of this may simply be adolescent bravado said thoughtlessly, and with no real intent at harm.  But when things are posted on the internet, they take on a life far beyond anything in the past.  And some is serious and does intend harm.   I still don't think the student's name should have been published.  Part of being a responsible journalist is knowing that just because you can, doesn't mean you should.

Does such speech fuel violence against women or is it merely a symptom of the things that cause violence against women?  How does such speech affect women?  Not just the named student, but other women who could be named by other people?  How does such speech affect other men who hear it?  Does it make it more acceptable?  What possible benefit comes from publishing the student's name in the student paper?  How can we as individuals, as residents of Alaska, and as parents, as elected officials, and as professionals in schools and hospitals and the media change what's happening? 

In a democracy, we're all responsible for what we let happen.  If we don't vote, if we don't support good candidates, if we don't voice our opinions regularly, we're part of the problem.   The legislators we elect do or don't pass good laws, do or don't appropriate funds to help eliminate the conditions that lead such hatred.  I understand that some of this is simply human behavior and eliminating it altogether is not going to happen.  But it happens much more in Alaska, if the numbers are to be believed, and so we are responsible for getting those numbers down.  "Numbers down."  How cold and abstract.  We're responsible for protecting women from abusive men, from their abusive words, from their unwanted touch, from their violations.

[Feb 7:  Follow up post here:  We don't call vets with PTSD who freak out at the sound of a loud noise 'thin-skinned']

[UPDATE June 18, 2014:  The University of Alaska system was added to a list of colleges and universities being investigated for Title IX violations, including sexual assault.]

Monday, December 30, 2013

Are Special Elections The Unintended Consequence Of California Term Limits?

This assertion in a Culver City Observer article caught my attention in an article on the Dec. 3, 2013 special election in my mom's California Assembly race:
Since the advent of term limits, special elections have become the norm throughout California as politicians jockey from one office to another to avoid being termed out and losing a seat in what has become a game resembling musical chairs.  [emphasis added] 
I was going through my mom's paper work and her ballot for that election was still there.  
We'd tried to help her figure out who to vote for, but in the end, she had no basis for voting for one candidate over another and didn't vote.

It turns out she wasn't alone. A Culver City Observer article says that only 6.8% of the voters voted and that the winner, Sebastian Ridley-Thomas,  (60% to 36% for the next candidate) spent $60 in campaign funds per vote. 

Really, it was hard for a casual observer to figure out whom to vote for.  The mailings and websites were all slick public relations work and I had trouble finding anything that gave me reason to vote for one candidate or another.

But what caught my attention in the article was this line:
Since the advent of term limits, special elections have become the norm throughout California as politicians jockey from one office to another to avoid being termed out and losing a seat in what has become a game resembling musical chairs.  [emphasis added]
That's interesting, was my first reaction.  And it makes sense.  Are there others who have found this?   So I looked up  how many special elections there had been in California.   First, when did the term limits start?

The League of Women Voters tells us that a new term limit law came into effect in 2012:
In June 2012, term limits for California state legislators (Assembly and state Senate) were changed by the passage of Proposition 28. Newly elected members -- people elected to the legislature for the first time in 2012 or later -- will be subject to the new term limits. These rules are that they may serve a total of twelve years in either house, or a combination of the two houses. A person may serve all twelve years in either the Assembly or the Senate, or split between the two houses.
They go on to explain the old law which was passed by the voters in 1990.
Those officials who have served terms prior to the passage of Proposition 28 will be subject to the old term limits rules. California State Assembly members are limited to three terms (6 years) since 1996. State Senate members have been limited to two terms (8 years) since 1998. These term limits are lifetime, not consecutive.
The Governor and all other statewide officers except the Insuance Commissioner can serve two terms of four years, with a limit of two terms. This constitutional limitation was passed in November 1990.
The new law increased how long legislators can be in office in one house, but limited how long they could potentially be in office if they went from the Assembly to the Senate.

The lifetime term limit seems pretty harsh.  That means a great stateswoman would not be able to stay in office, even if her constituents wanted her too.  That seems a little anti-democratic to me. It also aims at the wrong target.  But then one district - like Alaska - keeping the same US Senator forever increased his seniority over other Senators.  Gerrymandering of districts causes problematic long term incumbency, it would seem, more than lack of term limits. (Though not in a US Senate race.)  But if seniority starts over again when there's a break in service, that wouldn't be a problem.  Ironically, California's current governor served two terms from 1975-1983 and the voters reelected him in 2010. 

Wikipedia lists the special elections in California since 1960.  (Remember, term limits were passed in 1990 and went into effect in 1996 for Assembly members and 1998 for Senate members.)  Here's how many special elections there were each decade since the 1960s according to Wikipedia.
1960s - 5
1970s - 13
1980s - 5
1990s - 17 ( nine before Nov. 3 1993))
2000s - 6
2010s - 7

This hardly looks like proof that there is a difference in the norm before and after term limits as the article suggests.   The seven special elections so far in the 2010s is high, but less than the number by Dec 1993 in the 1990s.

Nevertheless, special stand alone elections would appear to be costly and one would expect a low turnout - as the Dec. 3 special election turn out to have.  

A 2004 report by the Public Policy Institute of Calfiornia doesn't mention the increase in special elections outright, but says that legislative careerism hasn't changed. I've outlined their findings:
  • did not revolutionize—the type of legislator who comes to Sacramento.
    • accelerated trends of increasing female and minority representation that were already under way in California.
    • new members after term limits behave a great deal like their precursors.
    • Careerism remains a constant in California politics.
  • effects on Sacramento’s policymaking processes have been more profound.
    • In both houses, committees now screen out fewer bills assigned to them and are more likely to see their work rewritten at later stages.
    • The practice of“hijacking” Assembly bills—gutting their contents and amending them thoroughly in the Senate—has increased sharply. 
    • As a body, the Legislature is less likely to alter the Governor’s Budget, and 
    • its own budget process neither encourages fiscal discipline nor links legislators’ requests to overall spending goals.
    • legislative oversight of the executive branch has declined significantly.
    •  widespread sense in Sacramento that something needs to be done soon to provide more stability and expertise to the Legislature’s policymaking process.
    • leaders remain central to the process, and 
    • term limits cannot be blamed for Sacramento’s intensifying partisan polarization.
  • Term limits have had a mixed effect on the Legislature’s policy products. 
    • no effect on the breadth and complexity of bills passed into law,
    • recently instituted programs to train members and staff do not appear to improve a legislator’s “batting average”—that is, his or her chances of passing a bill or seeing it signed into law—although legislators who receive that training tend to write shorter bills that change more code sections.
Did term limits increase the number of special elections?  The numbers from the Wikipedia article don't seem to bear that out.  And even if there is a correlation, we can't be sure of the cause and effect relationship.   But it's not uncommon for people to generalize from their personal experience of what seems like a change.  And to believe things that fit their expectations, even without checking the facts. 

Friday, December 20, 2013

Alaska Redistricting Plan Now Final - Just The Bill Is Left To Settle

Fairbanks Superior Court Judge Michael McConahy made two short rulings [see both below] today.

The first declares the Alaska Redistricting Board's 2013 plan to be the official plan until the next decennial census.

You can see the statewide and area maps at the links below.

For all the other documents - including individual district maps - click here.

The second addresses a dispute between the parties - as I understand it - over who is the prevailing party and public interest litigant status.  The judge gives the parties until January 22, 2014 to file motions regarding those issues and how fees and costs should be allocated.


This will be of particular interest given the change in the law which has led the state to charge Vic Fischer and Bella Hammond for their litigation over Pebble Mine.   In this case, while the challengers did not prevail in this part of the litigation, they certainly prevailed in the earlier parts and I can't see how any objective person could believe this wasn't a public interest litigation that has benefited the state, even if they did not prevail in this last portion.

First order:  








Monday, November 18, 2013

Court Rules On Redistricting: "The court accepts the 2013 Proclamation Plan"

I turned on my cell phone as I got off the plane in Seattle on the way to see my little sweetie and there was a message saying the decision on the redistricting case had come down in favor of the Redistricting Board's plan.  I haven't had a chance to read the decision yet, but here it is and you can read it yourself.


Friday, November 15, 2013

The Case That HD 5 Was Gerrymandered - Part 2

In Part 1, I offered some background information on where things stand now and on redistricting and gerrymandering in general, including four major ways to manipulate districts.  I also included a section on "The current partisan redistricting facts in Alaska" as I see them.

In this post, Part 2, we start looking at the maps to understand in excruciating detail (yet still not enough) why the plaintiffs are challenging the plan.  This post focuses on House District (HD) 5, though the plaintiffs challenge other districts as well.

I thought I'd finish this post (Part 2), but there's definitely more left over for Part 3.  Also, I realize I started all this in an earlier post - Alaska Redistricting Board: Compactness And Fairbanks Districts 3 and 5 - Part 1.  That one looks at the concept of compactness as discussed by different students of redistricting. It's good background for this post.


Some Maps

Let's go from the theoretical to the hands-on and look at some maps.   The Board's map of HD 5 makes it hard to actually see
Note:  House Districts are numbered
and Senate Districts are lettered so on
maps 5-C means it's HD 5 in SD C.
Senate Districts have 2 House Districts.
all of HD 5.    The inset, lower right, shows the whole district, but it's much to small to understand what's really going on in this district. It doesn't show you how much of the district has no population and where there are actually people.

[All the maps except B and E should get much bigger if you click on them]

Map A - whole district in two parts

I  enlarged the inset to better see the whole district.    I've colored in the populated areas in yellow.  I don't know Fairbanks, so there may be a little more area to the left of Chena Ridge that has population along the road, but as I looked at the maps, it looked sparsely populated at best.

Map B - With populated areas in yellow

The populated parts of the district are a small part near the top left (to the west of the City of Fairbanks), a little bit southwest of Fairbanks, and then the part that has been called 'the anvil' to the east of the City of Fairbanks and more connected to North Pole.

Most of the district is what was called 'the bombing range' by the Board.  Actually, it's Tanana Flats Training Area.  The right (below) is a map of the Tanana Flats Training Area - part of Ft Wainwright and unpopulated and inaccessible to the public without a permit - and you can see an amazing resemblance to HD 5. Basically, there's a tiny populated part on top and then the Tanana Flats was tacked onto HD 5. 

Map C:  Comparing HD 5 map to map of Tanana Flats Training Area of Ft. Wainwright

But this map also helped me understand what I hadn't understood before.  On the Board's maps, there are diagonal lines going through HD 2.  They are like the lines shown in most of HD 5.  Looking at the map above I realized that the little 'turret' on top of Tanana Flats is Fort Wainright. (People who know Fairbanks would, of course, have realized this.) And it's right in the middle of HD 2.  The brown outline in the top picture (see below) was in the original.  I added it in to the bottom image to make it easier to see.

Map D: Locating Ft. Wainwright - top map from DODPIF site

Military Bases and Redistricting

Tanana Flats Training Area is technically part of Fort Wainright - a contiguous part. Early in the redistricting process the Board got a letter from the Lt. Governor asking them to keep military bases intact as much as possible. It's something they mentioned frequently when working on Anchorage. The purpose was to not have precincts that overlapped the base and off base. It would be hard for civilians if they had to get onto base to vote and they didn't want to make military have to go off base to vote. It seemed to me at the time that military go off base all the time for other things so going a little off base to vote shouldn't be that difficult, but that was the rationale. Now, in this case, as I understand it, there is no population living in the Tanana Flats other than bears and moose and other wildlife. No voters anyway. So the Lt. Governor's rationale doesn't apply here.  But the principle of keeping military districts intact is reasonable and would have been a good rationale to have the unpopulated Tanana Flats part of HD 2.   Keep this in mind for when we get into the discussion of which district Tanana Flats was put into.


Let's go back and look at the populated parts of HD 5.  I've isolated them in this image so you can see them clearly. (Again, I'm not sure how much population is to the west of the section on the left, but if there's more it doesn't affect my point.)

Map E:  Populated Parts of HD 5 isolated
Contiguity

One of the constitutional requirements for redistricting is contiguity.  That means that all parts of the district are connected to all other parts.  If you live in the small part of HD 5 on the right/east (above), you are among 800 people in HD 5 who are separated from the other 16,900 people of HD 5 who live on the left/west side. The City of Fairbanks is between the two parts - including Ft. Wainwright and HD 1 and HD 2.   But you're in bed with folks in North Pole to the right.  (see maps above) 

Technically, these two parts of HD 5 are connected by the Tanana Flats Training Area.  But, from what I can tell online and asking folks, you need permission from the military to go on that land and there aren't any roads to take you from what I'm calling "East Pakistan" to "West Pakistan" through the Flats.  Instead you have to go through at least HD 2 and possibly HD 1 too.  Or maybe kayak along the river.

I've been told that the Alaska Courts have allowed districts to have isolated communities that are not connected to other communities by road.  But I'd wager that those decisions were made about roadless rural districts, not about urban districts.  If I were arguing this case, I'd be pointing out that this district, for all practical purposes, is NOT contiguous.  Not in any way that is meaningful to the people in it and that this lack of contiguity is not required by geography or lack of population or roadless wilderness.  This is an urban area where the population is dense enough and the census blocks numerous enough, that a few computer clicks could put these 800 people into HD 2 or HD 3 (or half in one and half in the other.)  Then a few more clicks could add 800 more people back into HD 5 and a few more clicks could get HD 2 and 3 within reasonable deviations from the ideal sized district of 17,755.  A few more clicks and all the impacted districts would be fine.  Maybe 30 minutes for someone who's been using the software a while.

The folks at the Board will talk to you about census blocks and ripple effects, but if you sat down with someone who knows the computer program, you'd see it can be done.  That same argument was made in the last trial.  They swore that changing a protrusion from one downtown Fairbanks district into the other would cause endless ripple effects.  A little later, the plaintiff's GIS expert showed the judge just how easy it was to do without causing any ripple effects. These are excuses, not reasons. 




The Anvil and Compactness

The plaintiffs didn't make a contiguity argument in their motions to the court.  Instead they talked about compactness.  And they pointed to what they called 'the anvil' sitting there on the east side jutting into the community just above North Pole.

Let's look at this 'anvil.'  As you'll see, when I tried to find a visual for it, I found another visual that seemed to fit the shape a little better than the anvil.


Map F:  The Anvil in Context

Now, back to compactness with the anvil in mind.  I posted about compactness in relationship to HDs 3 and 5 in October.  That was the conceptual post and there was supposed to be a second one that looked at maps.  I guess that's this one, except I added one more in between.   You can look at that October post to learn a bit about compactness.  Or you can read this explanation which I'm borrowing from All About Redistricting.
  • Compactness Almost as often as state law asks districts to follow political boundaries, it asks that districts be "compact." 37 states require their legislative districts to be reasonably compact; 18 states require congressional districts to be compact as well.
    Few states define precisely what "compactness" means, but a district in which people generally live near each other is usually more compact than one in which they do not. Most observers look to measures of a district's geometric shape. In California, districts are compact when they do not bypass nearby population for people farther away. In the Voting Rights Act context, the Supreme Court seems to have construed compactness to indicate that residents have some sort of cultural cohesion in common.
    Scholars have proposed more than 30 measures of compactness, each of which can be applied in different ways to individual districts or to a plan as a whole. These generally fit into three categories. In the first category, contorted boundaries are most important: a district with smoother boundaries will be more compact, and one with more squiggly boundaries will be less compact. In the second category, the degree to which the district spreads from a central core (called "disperson") is most important: a district with few pieces sticking out from the center will be more compact, and one with pieces sticking out farther from the district's center will be less compact. In the third category, the relationship of housing patterns to the district's boundaries is most important: district tendrils, for example, are less meaningful in sparsely populated areas but more meaningful where the population is densely packed."
Using the standards from All About Redistricting (above), we can see that each one raises
Map A - whole district in two parts
a red flag for the HD 5.
  • Contorted Boundaries - There's no question that HD 5 has contorted boundaries.  If you just look at the whole district (Map A inset) without knowing where the population is, it doesn't look bad.  But when you know that a tiny percent of the land in the district has any population (Map B) and that population is separated into two non-contiguous parts (Map E), it's clear there is something fishy here. 
  • Dispersion - The central core is west of the City of Fairbanks and then you have is 'East Pakistan" ('the anvil") not only sticking out from the center, but for all practical purposes, it's not even connected to "West Pakistan."
  • Housing Patterns -  The anvil is clearly a district tendril which the description above says is more problematic in urban areas than rural areas.  Fairbanks is the second biggest urban area in the State.  There's no need for HD 5 to have an 800 person orphan neighborhood separated from the rest of the 16,900 people by two other districts. They could easily pick up 800 people from neighborhoods current split into HD 4 or HD 1. 
Also, this district does not pass the California test mentioned, because it passes up nearby folks to get the anvil people off by North Pole.  

Redrawing the lines outlines two ways to measure compactness - visually and mathematically.  The first is just to look and see if there are any odd shapes or protrusions.
  • "If the districts drawn are too irregular-looking, it may become a signal to the courts that the lines may have been motivated by a desire to engage in race-based redistricting, which may be held unlawful."
This was what I meant when I said in Part 1 that compactness (or contiguity) can be a proxy for, in our case,  political gerrymandering.  And the "too irregular-looking" anvil is one reason this plan is in court.
  • "a mathematical formula may be the best way to measure compactness. There are various methods for calculating the compactness of a district including looking at how the population is distributed within the district, measuring the borders of the district, or evaluating the area of the district."
The Board did give the court a list of statistical tests for compactness with scores for each to show that the district  (and district 3) is compact.  But I looked up the tests and what the scores mean.  (The Board just gave raw numbers without interpretation.)  For some tests, the districts in questions scored ok.  For others they were on the suspicious end of the scale.  Which is one of the problems with the tests - different tests tell you different things.

The other problem I have with the Board offering statistics to the court is that I never heard any mention at the Board meetings of using the statistical tests as a criterion to see if their districts were compact.  This is an after-the-fact justification by the Board which wasn't considered by the board while making the maps (at least not in public meetings) and doesn't really tell us whether the districts are compact or not. 


Is the anvil necessary to keep Fairbanks deviations low?

The Board tells us that they needed the anvil so the deviations would work out - that is, so that the populations of all the Fairbanks districts would be the lowest deviation possible from the ideal district size of 17,755.  I would point out that in the previous plans, urban deviations of 1% and even 2% existed.  

But this time around, low deviation became their new mantra and they got Fairbanks deviations down to below a 1/2 %.  Without the demands of the Voting Rights Act (a significant portion of which the US Supreme Court struck down last June), the Board says they can make the deviations much lower.  But why?  One or two percent is already well within legal and common sense range.  In my mind they've gone extreme at the cost of other important values.  Or they are just using the low deviations to justify creating anvils. 

I'd also note that when the Plaintiffs argue that they could configure Fairbanks Senate districts so that their deviations are even lower, the Board thinks the difference is too minor to matter.  I tend to agree with them on that, but I also think the increased deviation that cutting this whole eastern annex out of HD 5 might cause is no big deal either as long as it's still under two percent.  

But the deviation is just one of a cascade of factors, all of which fall the wrong way for the Board.  It's the totality of all these factors that should cause eyebrows to arch when looking at the Fairbanks districts.  And that's where I'll go in Part 3. 

But, before ending this post I do want to point out that there are some legitimate reasons for there to be some odd shapes. 
  • Geography - there might be mountains or rivers or other natural features that the district line follows and that make sense on the ground, but look suspicious on the map. 
  • Population - to get the right number of people into a district, the mappers might have to stretch out to capture a small distant community.
  • Odd Census Block shapes - The smallest unit the Board can deal with is a census block.  As I understand it, this is because they have to use the census data for population.  The smallest unit the census data has is the block.  So if a census block  has a weird shape - most likely for the above reasons - the map maker can claim her weirdly shaped district is a result of the census block.
  • Governmental Units -  a district line might follow an irregular city border.  
But the first thee are all more likely to occur in rural areas than in urban areas.  And when they do occur in urban areas, there's enough population so that you can usually adjust some adjoining census blocks to smooth out any bad bumps.  The last one doesn't apply to HD 5.  It's not the city borders that are irregular, it's the district borders.


I'm going to end this post here.  It's already way too long for most readers.  There's more to be discussed.  I hope readers remember that I'm only focusing on one House district here (and that will spillover a bit into HD 5's Senate pairing in the next post).  There are so many little details here that it's easy for either side to say what it wants and most observers won't be in a position to know who's blowing smoke.  (They could both be.)  I'm hoping this post might help some people understand the what's happening here. 

Coming up in the next redistricting post(s) are things like:  
  • Why put the Tanana Flats in HD 5?  
  • The plaintiff's offer to drop the case if the the Board changed the Fairbanks senate district pairings and why the Board said no. 
  • Reviewing all the factors that are wrong about HD 5.
  • A peek at the other districts challenged in the court case.  
[UPDATE 4:47pm:  I forgot to include this in the post.  It's the legal description of HD 5 that was part of the Board's Proclamation Plan.  It doesn't mean a whole lot to me since I don't know Fairbanks at all, but it might mean something to people in Fairbanks.  Note that in some places it's a bit vague like "north along the boundary to a levee near the Tanana River, east along a non-visible line to the end of Rozak Road."


House District 5–Senate District C–Chena Ridge/Airport

House District 5 is bounded by a line beginning at the intersection of the Mitchell Expressway and the boundary of the City of Fairbanks, south then east then north along the boundary to a levee near the Tanana River, east along a non-visible line to the end of Rozak Road, north along Rozak Road to the Old Richardson Highway, northwest to Durango Trail, north along a non-visible line to Lakloey Drive, north to Bradway Road, east to Benn Lane, south to Ownby Road, east to Woll Road, north to Marigold Road, east to Badger Loop Road, to the intersection of Badger Loop Road and Repp Road, southwest along a non-visible line to the end of Willeda Street,southwest along a non-visible line to the northwestern-most corner of the boundary of the City of North Pole, southwest along the boundary to the eastern bank of the Tanana River,southeast along the eastern bank to the intersection of the Tanana River and the boundary of the Fairbanks North Star Borough, south across the Tanana River to the boundary of the Fairbanks North Star Borough, west then north along the boundary to a jeep trail near the Old Nenana Highway, east along the jeep trail to the Parks Highway, northeast the GVEA Powerlines near Rosie Creek Road, north then northeast to the Parks Highway, north to Townsend Lane, north to Goldhill Road, northeast to Ester Road, east to Tanana Drive, south to an unnamed road near Noatak Drive, northwest to Koyukuk Drive, east to Sheenlek Drive, north to a non-visible line extending west from Kuskokwim Way, east to Kuskokwim Way, east to Tanana Drive, north to the intersection of Tanana Drive and Farmers Loop Road, east along a non-visible line to the headwaters of Pearl Creek, east along a non-visible line to College Road, east to the boundary of the City of Fairbanks, southwest then southeast to the point of beginning.]