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Progressives Ponder Impact of Gerrymandering Ruling On Tennessee Election Maps

The fate of two of Tennessee’s state election maps could get a ruling in the coming weeks, while a potential lawsuit could challenge Congressional drawings after a favorable U.S. Supreme Court ruling.

Lawyers in a suit challenging the the legality of 2022 state House and Senate redistricting maps submitted their post-trial briefs to the Davidson County Chancery at the end of May, signifying the conclusion of the trial. 

The trial ended days before the U.S. Supreme Court ruled an Alabama Congressional map violated the Voting Rights Act on the grounds of illegal gerrymandering meant to lower the chances of the state electing a second Black U.S. Representative. 

But while the ruling likely opens the door for Democrats in states like Louisiana and South Carolina to challenge those maps on similar grounds, a similar case will be tougher in Tennessee —  even as the ruling has increased the likelihood of a lawsuit. 

The argument from Republicans is these maps are not racially charged, but political. As long as there’s no evidence that the people in the room who are making these decisions were talking about race, then you have very little to go on.

– Lisa Quigley, former chief of staff for retired U.S. Rep. Jim Cooper

Breaking decades of precedent, Republicans divided Nashville into three Congressional districts as part of the 2021 redistricting process. Previously, Metro Nashville-Davidson County made up most of the 5th Congressional District, with smaller counties such as Cheatham or part of Rutherford filling it out.

The change gave Republicans the necessary rural votes to flip the historically Democratic 5th District and played a significant role in helping the GOP secure a four-seat majority in the U.S. House. 

Progressive organizations in Tennessee have started discussing whether the Alabama decision would allow them to reverse the Nashville gerrymander. Tennessee’s Black population makes up about 17 percent of the state, while one of the state’s nine Congressional districts (or roughly 11 percent) is considered a majority-minority district.

These groups believe a Nashville kept intact creates a Democratic seat, but it wouldn’t necessarily create a majority-minority district leaving it in a gray area under federal voting laws.

Lisa Quigley,  former chief of staff for retired Nashville Democratic U.S. Rep. Jim Cooper, said the long-term success of the recently redrawn congressional districts could come down to an argument of politics versus race.

“The argument from Republicans is these maps are not racially charged, but political,” Quigley said. “As long as there’s no evidence that the people in the room who are making these decisions were talking about race, then you have very little to go on.”

The U.S. Supreme Court has previously ruled gerrymandering for political purposes is allowed.

State House and Senate map challenges

The current state House and Senate map legal challenges don’t accuse Tennessee Republicans of racial bias, instead arguing lawmakers violated a set of federal and state map drawing requirements. 

Gary Wygant of Gibson County challenged the state House map on the grounds it violated state and federal redistricting laws by dividing up more counties than necessary, while Francie Hunt of Nashville challenged the state Senate map based on a provision in the state constitution requiring districts to be numbered in sequential order inside a county. 

As an example, Republicans drew Sen. Mark Pody’s, R-Lebanon, Senate District 17 seat into Davidson County, whose other three Senators — Democrats Heidi Campbell, Charlane Oliver and Jeff Yarbro represent districts 19, 20 and 21.  

Democrats have argued the state House map could have divided fewer counties, which would potentially boost Democratic chances of picking up more legislative seats. After redistricting, Republicans increased their majority in the state House from 71 to 75 seats. 

Lawyers defending the maps argued the map split no more than the maximum allowed under the law.

A new map in the Senate could impact Republicans Kerry Roberts, Shane Reeves, or Bill Powers, potentially making one of their districts more competitive. 

Last year, the Tennessee Supreme Court overruled a lower court decision temporarily blocking the map because it said the concerns were too minor to risk impacting the 2022 midterm elections. 

A court ruling could force Republicans to redraw the maps before next year’s elections, which they could do during the August 21 special session called by Gov. Bill Lee.

The Wygant-Hunt briefs: GARY WYGANT – Plaintiff’s Post Trial Brief
gary wygant – defendant’s post trial brief

Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.

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Politics Politics Feature

Slicing and Dicing Tennessee’s Political Districts

The most recent rumors coming out of Nashville, unsurprisingly, have to do with the matter of redistricting. The talk is mainly on the part of the state’s Republican officeholders, who for years have enjoyed control of every statewide office that counts, including a supermajority of the seats in both chambers of the legislature.

So hard and fast is GOP domination of the General Assembly, and so notable is the continuing population surge in the suburban “doughnut” counties surrounding the state capital of Nashville that the Republicans hope to gin up their numerical domination even further.

Corresponding with the rising population figures in areas of metropolitan Nashville already in Republican hands is the simultaneous population drain in districts still held up to this point by Democrats, especially in Shelby County, where the county seems certain to lose a seat apiece in state Senate and the state House.

Where the Republicans hope to show some real potentially game-changing ambition is in the area of congressional redistricting. For the last several years they have possessed seven of the state’s nine congressional districts, failing to gain only the urban areas of Memphis and Nashville, Districts 9 and 5, which have been represented by Democrats Steve Cohen and Jim Cooper, respectively.

Although redistricting efforts are technically proceeding under the aegis of a bipartisan commission of legislators, the group, like the legislature itself, is heavily dominated by Republicans, and the GOP’s word will hold corresponding greater sway.

Republicans involved with the process are said to be giving serious consideration to a slice-and-dice formula for Metro Davidson County’s District 5, the bulk of which, at present, consists of Nashville’s urban core and has been as dependably Democratic for Cooper as it was for his predecessor, Bob Clement, and had been for previous Democrats as far back as historical memory stretches.

Various GOP proposals currently being looked at reportedly involve splitting the Nashville urban core into several longitudinal slices, each of which could be paired with a generous portion of the surrounding and overwhelmingly Republican suburban “doughnut” areas, giving GOP contenders strong chances of prevailing in any or all of the newly configured districts.

The demographics and geography of Memphis and Shelby County make a similar reapportionment virtually impossible in this end of the state. Cohen is virtually assured of a Democratic voting base in any potential redistricting of the 9th, but the GOP strategy, if successfully implemented, could make him the sole Democrat representing any area of the state in Congress.

Democrats — and some Republicans — have cautioned that the slice-and-dice strategy could backfire and that several of the potential new hybrid districts to be carved out of pieces of Nashville could turn into politically competitive urban/suburban areas in the same way that so much of Atlanta’s adjacent suburbs did in the 2020 election — and in the same way that Tennessee House of Representatives District 96, spanning part of Memphis and Germantown, has done in the last two election cycles, electing Democrat Dwayne Thompson to what had been a dependably Republican seat.

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Politics Politics Feature

Winds of Change Roil Shelby County’s Post-election Politics

The unexpected victory of Donald Trump in the presidential race will likely open up career opportunities for fellow Republicans — including some in the Memphis area.

One possible beneficiary is lawyer John Ryder, a longtime eminence in GOP affairs. Ryder has served as local Republican chairman, as a member of the Republican National Committee from Tennessee, and, currently, as general counsel to the RNC. After the census of 2010, Ryder headed up the Republican Party’s redistricting efforts nationwide, and the map he helped create has strongly reinforced the GOP’s hold on districts in the U.S. House of Representatives.

A partner at the Harris Shelton law firm of Memphis, Ryder was named Republican Lawyer of the Year in a ceremony in Washington, D.C., last month. That follows a year in which he served as a Trump delegate to the GOP convention in Cleveland and was a key member of that conventions’ rules committee.

Considering that Ryder, as general counsel, has essentially been the right-hand man of RNC chairman Reince Priebus, and that Priebus has just been designated by Trump to be the new president’s chief of staff, the question arises: Is Ryder a prospect to succeed Priebus as head of the RNC?

“That would be a decision reached by the president-elect,” Ryder said Monday in a telephone conversation that took place as he drove to Nashville, where he teaches a course at Vanderbilt. “We’re going to see what happens. A lot of different paths are going to open up in the next few weeks, and I’m looking to where I can best be of service to the republic.”

Ryder emphasized that “nothing’s been discussed so far.” As for the possibility of his being offered other positions in the official GOP network that stands to be expanded in the new administration, Ryder said, “I’m not particularly looking for anything. I’m not particularly expecting anything.”

Elsewhere locally, Shelby County Commissioner Terry Roland, who served as Trump’s West Tennessee chairman, said he expected to have a say in whatever patronage positions might be available in his bailiwick.

Meanwhile, Tennessee Democrats may be looking to change direction in the wake of yet another election in which they failed to advance. Except for one upset win, that of Democrat Dwayne Thompson over GOP state Representative Steve McManus in state House District 96 (Cordova, Germantown), Democratic candidates lost all the legislative races in which they challenged Republicans. The net result was a loss of one seat in the House, which means that there will be 25 Democrats and 74 Republicans in the House come January; the state Senate remains at its current level: five Democrats and 28 Republicans. The Republican legislative super-majority holds tight.

And that’s not a satisfactory set of affairs for Bill Freeman, the wealthy Nashville businessman who is the chief Democratic donor in Tennessee and, as he made clear in a visit to Memphis earlier this month, has ambitions of running for governor in 2018.

Likening the party’s electoral showing to a dismal season in the NFL, Freeman told the Nashville Tennessean that, “we’ve got to look at every option, including a new chair.”

The current chair, Mary Mancini of Nashville, has no intention of giving up the job, however, and has said she will run for another two-year term. 

One of Freemen’s closest associates is former state party chairman Chip Forrester, who has served several chairmanship terms in different decades, who served Freeman as campaign manager in his unsuccessful race for Nashville mayor last year, and will probably head up a Freeman gubernatorial campaign in 2018 if there is one.

But there is no indication so far that Forrester is looking at another run at the party chairmanship, and Freeman is talking up Holly McCall, who early in the year declared for House District 65, then held by bad-boy Republican incumbent Jeremy Durham, an accused sexual predator. She eventually lost her bid for the seat to Sam Whitson, the Republican who ousted Durham in the GOP primary.

In a letter to members of the state Democratic executive committee emailed on Monday, Freeman put the kernel of his argument this way: 

“First and foremost, for all the effort that we focused on in Tennessee, we gained absolutely no ground in the state senate and had a net loss of one seat in the state house. Instead of moving the needle forward, we went backward. This is unacceptable. … We should have done better and done it more robustly. I believe we need new leadership to do so.”

Of Mancini, Freeman said, “She is a fine person and clearly committed to serving our party, but we have failed to grow as we all had hoped for during these past two years. … The poor results we have seen this past Tuesday show clearly that we need a change.”

Pointedly, Freeman made reference to “a critical statewide race for the United States Senate in 2018,” and said, “We must rebuild our party to have the infrastructure in place so that our Democrat nominees for governor and U.S. senator have the party machinery in place to succeed.”

Tennessee Democrats — and Mancini — did, however, have one legislative victory in the recent election that nobody saw coming except the participants in the winning campaign. As indicated, this was the upset win of Thompson, a genial human resources administrator and longtime Democratic activist, over state Representative McManus, a GOP legislative mainstay, in District 96.

Under the circumstances of the 2016 election cycle, which not only strengthened the GOP super-majority in Tennessee but put Donald Trump into the presidency and gave the Republicans control of the U.S. Senate and House, it is astonishing that Thompson should have won election to the state House from a suburban Shelby County district. It is doubly astonishing that he unseated an incumbent Republican to do so.

Not only was Thompson the only Democrat in Tennessee to unseat a Republican, he believes himself to be the only Democrat in the South to have done so.

Thompson’s victory over McManus, who had been serving as chairman of the state House banking and insurance committee, was by the total of 351 votes out of almost 28,000 cast, and that ultra-thin margin can be attributed to old-fashioned work ethic on the winner’s side and what has to be reckoned as complacency and over-confidence on the loser’s.         

McManus’ campaign war-chest totaled  $155,754.59 as of the third-quarter financial-disclosure deadline, dwarfing Thompson’s $5,088.20. Thompson later received an infusion of financial aid from the Tennessee Democratic Party: $1,500 in a direct outlay on top of a $13,100 in-kind contribution in the form of a “polling survey.”

In October, Thompson’s total expenditures of $13,817 were almost equal to McManus’, and the Democratic challenger targeted his campaign money well, spending some of it on some modest internet advertising that pointed out, among other things, the fact that he had a military record.

McManus’ confidence may also have stemmed from the fact that he had easily dispatched Thompson in their first match-up, in 2014, with 62 percent of the vote to Thompson’s 38 percent.

Thompson was determined to prove that District 96 was a swing district, composed of a working-class/middle-class mix that was susceptible to a Democratic appeal. He boasts that he and his campaign team knocked on a total of 12,000 doors in the course of the campaign, focusing on issues ranging from Cordova’s traffic problems to skepticism about charter schools and the need for reviving Governor Bill Haslam‘s dormant Insure Tennessee program for Medicaid expansion, which, he emphasized to voters, had been blocked in McManus’ committee in the special legislative session of 2015.

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Opinion

City Council/Mayor: Haves, Have-nots

cash2.jpg

(Note to readers. An earlier version of this post contained incomplete or inaccurate information from the Shelby County Election Commission stating that Reid Hedgepeth had not filed his second-quarter financial report. At the request of the Flyer, Election Commission administrator Richard Holden is investigating. This post will be updated.)

The 12 members of the Memphis City Council seeking reelection on October 6th list cash balances of zero to $90,119 and loans up to $170,000.

Memphis Mayor A C Wharton, an odds-on favorite for reelection, has $274,954.

The forms were due July 12th. Council chairman Myron Lowery filed Friday morning, four days late. He said he files two forms, one as council member and another from his previous mayoral campaign, and the online information led him to believe that both were due July 15th. A stickler for detail, Lowery said it was a simple misunderstanding.

A clerk at the Shelby County Election Commission said the state can assess penalties but there is a seven-day grace period. In reality, nobody on the council has ever received so much as a slap on the wrist for failing to file on time or for failing to file complete information, and the mainstream media is oblivious.

But money matters, and voters and, especially, challengers should pay attention. It buys advertising, fundraisers, research, campaign workers, and yard signs. With turnouts generally dismal, a well-funded candidate and a candidate with name recognition has an advantage. A healthy war chest can deter challengers. By the same token, an incumbent with no serious challengers doesn’t have to raise much money.

Bottom line: If you don’t pay attention then don’t bitch.

All council incumbents are running for reelection except for Barbara Swearengen Ware, who resigned. The city election will also include the mayoral race and some judicial races.

This is a squirrely election year in some ways.

The deadline for candidates to file is July 21st. Early voting starts a few weeks before the election, which is going to make it especially hard for challengers because this is a redistricting year, and the district boundaries won’t be finalized until the council meets on July 19th. Some potential candidates don’t know which district they will wind up in. In the proposed redistricting, downtown, for example, is split but there is some pressure being exerted to put it back together.

That is also the day on which candidates to replace Ware will make their pitches to the council, which will appoint an interim replacement who will serve through December. The appointee will have a leg up in October should he or she decide to seek a full term. The appointee (like every member, for that matter) will be a potential swing vote on a council currently consisting of six white and six blacks.

Here is a list of council incumbents and their reported cash balance and loans, if any.

Bill Boyd: $1,428.
Joe Brown: $4,163.
Kemp Conrad: $71,260, $38,633 in loans.
Harold Collins: $25,421.
Shea Flinn: $164, $170,000 in loans.
Janice Fullilove: $603, $5,854 in loans and obligations.
Ed Ford Jr.: $11,320, $9,074 in loans.
Wanda Halbert: $0.
Reid Hedgepeth: $54,560, $22,459 in loans.
Myron Lowery: $2,804.
Bill Morrison: $22,257.
Jim Strickland, $90,119, $40,747 in loans.