Caitlin McKown/UW Applied Population Laboratory
Historically, cracking and packing have been used as tactics by both political parties. In Gill v. Whitford, the plaintiffs argued that the ruling Republican majority in Wisconsin used each of these techniques in the 2011 redistricting process to maintain and bolster its majority in the state Assembly and Senate.
Stacking refers to the practice of creating districts that are evenly split between lower-income, less educated minorities (who by and large vote for Democratic candidates) and higher-income, more educated whites (who are more likely to vote for Republicans). Because the higher-income voters turn out in larger numbers, this approach can also tip the balance of power — because of the dynamics at play, stacking would nearly always favor the conservative-leaning party.
It has always been the case that people vote in relatively predictable ways. Historically, voting behavior in previous elections was used to predict future ballot outcomes and achieve successful gerrymandering. Although the U.S. Census only asks the most basic demographic questions —how many people at each address and their age, sex and race — tremendous quantities of additional data are available from a variety of public and private sources, allowing those who draw the legislative district maps to predict partisan voting outcomes at any geographic scale.
Two more aspects of the U.S. social landscape help make gerrymandering possible.
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First, partisan voting is associated with social and economic class. For example, blacks are dramatically more likely to vote for Democrats than whites. Meanwhile, people with higher incomes are much more likely to vote Republicans than those who are poorer.
In addition, voters are not randomly distributed across the landscape. Instead, people live in neighborhoods that are strongly patterned by class, race, education and a host of other social factors — the same factors that predict partisanship and voting. Cracking, packing and stacking are all possible because these patterns exist, and thus, probable voting behavior can be associated with places. Where residents are more clustered by these social factors, gerrymandering is made even easier.
Voting and representation in the Milwaukee metro area
The Wisconsin Assembly district map adopted in 2011 by the state's Republican-majority Legislature does not jump out as an example of gerrymandering that's visually distinctive in terms of convoluted and strangely-shaped districts, such as those struck down in Pennsylvania. Instances of both packing and cracking can be observed though.
Caitlin McKown/UW Applied Population Lab
Wisconsin Assembly districts were revised in 2011 following the 2010 Census.
The results of the 2016 presidential election are shown in an interactive map of Wisconsin featuring the 2011 legislative district boundaries, produced by the University of Wisconsin Applied Population Laboratory. Blue dots represents votes for Democratic candidate Hillary Clinton and red dots represents votes for Republican candidate and election victor Donald Trump. Yellow dots represent Libertarian Party candidate Gary Johnson and green dots represent votes for Green Party candidate Jill Stein. Votes for other candidates, which were small in number, are not shown. The Assembly district boundaries are displayed in a white outline.
Zooming in on Milwaukee, several Assembly districts that overlap with the the city have extremely high concentrations of Democratic voters, especially in districts 8, 10, 11, 16, 17, 18 and 19.
Caitlin McKown/UW Applied Population Lab
The outlines of the Wisconsin Assembly map adopted in 2011 illustrate how Democratic votes in the 2016 presidential election, centered in the city of Milwaukee, are distributed among the legislative districts.
These parts of Milwaukee also display a dramatic concentration of lower-income African American residents, who are much more likely to vote for Democrats. In fact, Milwaukee has arguably the strongest patterns of segregation by race and class of any city in the nation.
Therefore, it’s unclear at a glance whether these particularly blue districts indicates purposeful packing on the part of the mapmakers, or simply the product of the extreme segregation patterns within the Milwaukee metro area. A map of the state legislative districts approved in 2001 through a bipartisan process similarly shows several central Milwaukee districts with very high concentrations of Democratic voters.
Caitlin McKown/UW Applied Population Lab
The outlines of the Wisconsin Assembly map adopted in 2001 illustrate how Democratic votes in the 2016 presidential election, centered in the city of Milwaukee, could be distributed among the legislative districts.
Evidence of cracking is a bit more obvious upon examination of the 2011 map for the Milwaukee region. A close look at the suburbs shows a ring of districts which each have a little piece of the city of Milwaukee, rich in Democratic voters, and a large piece of the surrounding suburbs, which are strongly Republican-leaning. This ring includes districts 13, 14,15, 20, 22, 23, 24, 82, 83, and 84 — all but one of these 10 seats was held by a Republican in 2018.
Caitlin McKown/UW Applied Population Lab
The 2011 Wisconsin Assembly districts surrounding Milwaukee show evidence of cracking, one method of electoral gerrymandering.
How different is the 2011 map from the previous set of legislative districts? The 2001 map reveals a radically different political geography in the Milwaukee suburbs. It is so different from a geographic perspective that it’s not possible to directly compare districts according to their numbers and say definitively whether a seat "flipped" following the redistricting process. The most notable difference is that in 2001, districts were by and large drawn to respect the Milwaukee County boundary, the vertical line that runs down most of the center of this map view.
Caitlin McKown/UW Applied Population Lab
The 2001 Wisconsin Assembly districts in the Milwaukee metro area mostly followed the Milwaukee County boundary.
The creators of the 2011 districts didn't follow the state constitution's directive that legislative districts should respect county boundaries whenever possible, and created a map that cracked the central and near-suburb bloc of Democratic voters across many districts that reach into the far-flung and deeply conservative suburbs of neighboring Waukesha, Ozaukee and Washington counties. These suburbanized areas are populated in large part by affluent, white conservative voters.
In the era of white flight, whites left Milwaukee, city and county, in favor of neighboring counties. The historical suburbanization process itself led to counties with very different political profiles. Given the state constitution's requirement that districts preserve communities of interest, Assembly members who represent constituents across a county boundary are potentially problematic.
A more rigorous definition of gerrymandering
One of the unique things about Gill v. Whitford is that, unlike many other gerrymandering cases, the Wisconsin Assembly districts do not have bizarre shapes. The authors of the 2011 map were able to preserve relatively compact and even-looking districts. However, as argued before the U.S. Supreme Court, evidence of gerrymandering processes like packing and especially cracking are present its districts.
The plaintiffs in the case argued that mathematical evidence of cracking and packing shows that the 2011 maps are a partisan gerrymander, intended to strengthen Republican control of the state Legislature and disenfranchise Democratic voters. One metric of cracking and packing discussed during the case was the efficiency gap, a formula which compares individual votes cast to the total partisan representation in government. When the balance of power in state legislature deviates substantially from the balance of votes at the individual level, lots of people are being represented by someone in the opposing party — deemed by this measurement as evidence of a partisan gerrymander.
In November 2016, a three-judge federal court ruled that Wisconsin's 2011 state Assembly district map constitutes a partisan gerrymander. The U.S. District Court for the Western District of Wisconsin found that the map's overall effect is to tip the balance of power toward Republican candidates, helping to ensure the party's control of the upper and lower houses of the state Legislature. In addition, the demographic patterning of the districts suggests that the 2011 map is inconsistent with a basic premise of representative government — to allow communities of interest to be represented by an official they elect. The cracking present in the districts of the Milwaukee suburbs is perhaps the strongest example of this force in action. The U.S. Supreme Court is issuing its ruling on the case in June 2018.
A closer look at the 2001 and 2011 Wisconsin Assembly districts, along with the 2016 presidential election votes, are available in an interactive map created by the UW Applied Population Lab.
Graphics: Caitlin McKown, UW Applied Population Lab