Ballot question 3

The issue of Q3 was raised on another thread in the Main Forum so I decided to open this one so as not to pollute that thread with political stuff.

Here's Q3 with some explanation:

Amendment

The New Jersey Delayed State Legislative Redistricting Amendment is on the ballot in New Jersey as a legislatively referred constitutional amendment on November 3, 2020.

A “yes” vote supports this constitutional amendment to:

  • Postpone the state legislative redistricting process until after the election on November 2, 2021, if the state receives federal census data after February 15, 2021;
  • Keep the current state legislative districts in place until 2023; and
  • Use the delayed timeline in future redistricting cycles if the census data is received after February 15.

A “no” vote opposes this constitutional amendment, keeping the requirement that new state legislative district maps be certified within one month of the state receiving federal census data or February 1, whichever date is later.

What would the constitutional amendment change about redistricting?

See also: Changes to the New Jersey Constitution

The constitutional amendment would postpone state legislative redistricting until after the election on November 2, 2021, should the state receive federal census data after February 15, 2021. Therefore, the current state legislative districts, which have been used since 2011, would remain in use for the 2021 election, and the state legislative elections in 2023 would be the first to use districts based on data from the 2020 U.S. Census. The constitutional amendment would also use this delayed timeline in future redistricting cycles should federal census data be received after February 15 in 2031, 2041, 2051, and so on.[1]

What is the current schedule for state legislative redistricting?

See also: Background

As of 2020, the New Jersey Constitution requires the state legislative redistricting commission to pass a redistricting plan within a month of receiving the official census data. Following the 2010 U.S. Census, data was received on February 3, 2011, and a new state legislative districts map was adopted on April 3, 2011. Primaries using the new districts were held on June 7, 2011.

In 2021, state legislative primaries are scheduled for June 8. The U.S. Census Bureau is required to deliver data needed for redistricting to the states before April 1, 2021. However, the Bureau has asked Congress to extend the deadline to July 31, 2021, due to delays related to the coronavirus pandemic.[2]

How was the constitutional amendment placed on the ballot?

See also: Path to the ballot

Both chambers of the New Jersey State Legislature passed the constitutional amendment on July 30, 2020. In the General Assembly, the vote was 51 to 26. In the State Senate, the vote was 25 to 15. Legislative Democrats supported the amendment. Legislative Republicans, with the exception of one Senate Republican, opposed the amendment.[3]

Senate Majority Whip Nicholas Scutari (D-22) stated, “[A delay in receiving census data] will make it all but impossible to get the accurate information needed to draw legislative districts that are fair and accurate. An undercount will not only result in reduced federal funding, but also will have a negative impact on fair representation in the Legislature.”[4] Doug Steinhardt, the chairperson of the New Jersey Republican Party, responded to the amendment, saying, “The people of New Jersey deserve legislators that reflect the political and demographic makeup of our great state, and they haven’t enjoyed that in at least a decade. Democrats pushing this amendment to delay redistricting are trying to kill a fly with a sledgehammer, and are aiming to extend their majority for an additional two years.”[5]

Ballot question

The ballot question is as follows:[1]

CONSTITUTIONAL AMENDMENT TO CHANGE THE LEGISLATIVE REDISTRICTING SCHEDULE IF CENSUS DATA IS DELAYEDDo

you approve amending the Constitution to change when new legislative

districts are created if the federal census data is delayed?

The current COVID-19 pandemic has delayed census data collection. If New Jersey does not receive the census data in a timely manner, new legislative districts may not be ready in time for State legislative elections in the year ending in one.

This change to the redistricting schedule will allow legislators to be elected that year from their existing districts for their two-year term in office. The new districts will be used starting with the next scheduled general election for the State legislature.[6]

Ballot summary

The interpretive statement is as follows:[1]

INTERPRETIVE STATEMENTThis constitutional amendment changes when new legislative districts are created if the federal census data is delayed.

The United States Constitution requires that a census be taken every ten years to count the people living in the country. Census data is then used to create new legislative districts to ensure residents have equal representation from elected officials. However, the current COVID-19 pandemic has delayed census data collection. This may delay census data to the states and may affect the creation of new legislative districts.

The State Constitution requires an Apportionment Commission to create new legislative districts every ten years after the federal census is completed. If the census data is delayed, the new legislative districts may not be created in a timely manner to hold elections.

This constitutional amendment requires the commission to delay creating the new districts if the Governor receives the federal census data after February 15 of the year ending in one. The commission will adopt the new districts after the November general election, but not later than March 1 of the year ending in two.

The new districts will be used starting with legislative elections in the year ending in three. They will continue to be used until new districts are again created by the Apportionment Commission after the next federal census.

For the June primary and November general elections in the year ending in one, Senators and Assembly members will use their existing districts to run for a term of two years. The old districts will also be in effect in the year ending in two if any legislative election is held in that year.

This amendment requires the commission to begin conducting its business when the Governor receives the census data. It also requires the eleventh member of the commission to be appointed by the Chief Justice of the New Jersey Supreme Court within one month after the Governor receives the census data.

Nothing in this amendment will alter the appointment of the members of the commission made by the State political party chairs pursuant to Article IV, Section III, paragraph 1 of the State Constitution on or before November 15, and certified by the Secretary of State on or before December 1, of the year in which the census is taken


I can't quite figure out whether to vote yes or no. In general I don't like public questions mucking around with the state constitution but I'm loathe to support the position of the Republican party (vote No), just as a matter of course.

OTOH, it seems to make sense to delay re-apportionment if the census data is late, which is the Dem position.

This was posted in the other thread, outlining why to vote no, but I find the article all over the place and find it difficult to see what the real objection is. She seems to spend a lot of time talking about stuff not particularly relevant to the question.

At worst, it seems that what would happen is that we keep the old districts for an extra two years.  Which may or may not be a benefit to the Dems, who pushed the question.

Apparently the League of Women Voters say to vote No also, though I haven't found any details on their position yet.

What do you guys think?


Okay, here's the LWV position:

The League of Women Voters of New Jersey encourages voters to vote NO on statewide public question # 3. This question makes an unnecessary, permanent change to our Constitution. Every time New Jersey does not receive census data by Feb. 15, existing districts remain in effect for another 2 years. February 15 is a courtesy date and New Jersey has received the new population count several weeks later than expected previously. New Jersey's population is significantly more diverse than it was 10 years ago. Extending the current district lines for 2 years means that these populations will not be accurately reflected or politically represented for an additional two years. This ballot question does not offer any reforms that would make our redistricting process more inclusive, transparent, impartial, or community-driven. Vote no on question 3.

This actually makes a lot of sense and is to the point. Leaning No at this point.



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