The
U.S. state
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
of
Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
, in common with the other
U.S. state
In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
s, must redraw its
congressional and
legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known ...
districts every ten years to reflect changes in the state and national populations.
Redistricting normally follows the completion of the
United States census, which is carried out by the federal government the first year of every decade;
the most recent census took place in 2020. Historically,
Arizona's legislature had control over the redistricting process. However,
Proposition 106, passed in 2000, delegated the power to draw congressional and legislative boundaries to a bipartisan independent commission. The Arizona Independent Redistricting Commission (AIRC) comprises two
Democrats, two
Republicans, and one independent chair. County and local redistricting, which normally takes place along the same timeline as congressional and legislative redistricting, is carried out by the individual county and local governments rather than the AIRC.
Background
Reapportionment of representatives between the states every ten years based on new census figures is required by Article I, Section 2 of the
U.S. Constitution
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nation ...
and Section 2 of the
Fourteenth Amendment. The Constitution, Supreme Court jurisprudence and federal law allow significant latitude to the individual states to draw their congressional and legislative districts as they see fit, as long as each district contains roughly equivalent numbers of people (see ''
Baker v. Carr
''Baker v. Carr'', 369 U.S. 186 (1962), was a landmark United States Supreme Court case in which the Court held that redistricting qualifies as a justiciable question under the Fourteenth Amendment, thus enabling federal courts to hear Fourteen ...
'', ''
Wesberry v. Sanders'', and ''
Reynolds v. Sims
''Reynolds v. Sims'', 377 U.S. 533 (1964), was a landmark United States Supreme Court case in which the Court ruled that the electoral districts of state legislative chambers must be roughly equal in population. Along with '' Baker v. Carr'' (19 ...
'') and provides for minority representation pursuant to the
Voting Rights Act
The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement ...
. While control over redrawing district lines has been in the hands of state legislators for most of American history, a number of states, including Arizona, have adopted independent or bipartisan commissions for redistricting purposes in the last twenty years.
The entire state of Arizona was a
covered jurisdiction under
Section 5 of the Voting Rights Act, meaning that any change in voting requirements or procedures must be approved by either the
U.S. Department of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United State ...
or the
United States District Court for the District of Columbia
The United States District Court for the District of Columbia (in case citations, D.D.C.) is a federal district court in the District of Columbia. It also occasionally handles (jointly with the United States District Court for the District ...
before taking effect. At the end of the redistricting process, the state had to submit its maps and demonstrate "that the proposed voting change does not deny or abridge the right to vote on account of race, color, or membership in a language minority group," the latter primarily referring to, in the case of Arizona, non-Anglophone Hispanics.
The formula for Section 5 was struck down by the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in
Shelby County v. Holder, 570 U.S. 529 (2013). Since 2021 will be the first year
Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
is not required to "pre-clear" proposed maps with the US Department of Justice, groups previously protected under Section 5 due to past discrimination (Hispanics, and Native Americans) have concerns about how this will affect their representation.
Under preclearance, the proposed boundaries could not have a retrogressive effect on the ability of minority groups to elect "their preferred candidates of choice."
Arizona Independent Redistricting Commission (AIRC)
The AIRC was created when voters approved Proposition 106 in 2000, 56.1 percent to 43.9 percent. Proposition 106 amended the Arizona Constitution to create a bipartisan commission independent of the state legislature that would be tasked with redrawing congressional and legislative lines following the decennial census. The commission's mandate is to draw districts considering six factors and explicitly omitting from consideration a seventh factor. Per the text of the amendment: the seven factors are:
Article 4 Part 2 Section 1 of the state Constitution prevents commissioners from considering incumbency or candidacy when drawing districts: "The places of residence of incumbents or candidates shall not be identified or considered."
While most of Arizona's House delegation opposed Proposition 106, a number of important officials, including then-
Arizona Attorney General
The Arizona Attorney General is the chief legal officer of the State of Arizona, in the United States. This state officer is the head of the Arizona Department of Law, more commonly known as the Arizona Attorney General's Office. The state attorne ...
and future Governor and
Homeland Security Secretary Janet Napolitano
Janet Ann Napolitano (; born November 29, 1957) is an American politician, lawyer, and university administrator who served as the 21st governor of Arizona from 2003 to 2009 and third United States secretary of homeland security from 2009 to 20 ...
, supported it.
Membership of the AIRC
The
Arizona Constitution mandates that "by February 28 of each year that ends in one, an independent redistricting commission shall be established to provide for the redistricting of congressional and state legislative districts."
The state Commission on Appellate Court Appointments solicits and reviews applications from the public and nominates 25 candidatesten Democrats, ten Republicans and five independents.
The Constitution also specifies that "within the three years previous to appointment, members shall not have been appointed to, elected to, or a candidate for any other public office, including precinct committeeman or committeewoman but not including school board member or officer, and shall not have served as an officer of a political party, or served as a registered paid lobbyist or as an officer of a candidate's campaign committee."
The leaders of the two largest parties in both houses of the legislature (in practice, the Senate and
House Democratic and Republican leaders) select one candidate each to be commissioners. Of the four commissioners selected by the legislature, no more than two may be from the same party or from the same county.
Once the four partisan commissioners are set, they then select an independent chair from the list of candidates compiled by the Commission on Appellate Court Appointments. This fifth member is not subject to the county residency limit otherwise imposed, so in practice up to three members of the AIRC may be from a single county.
Once the membership of the commission is determined, several months of administrative and educational meetings and sessions follow. Actual map work and public fora usually begin in the late summer.
Article 4 Part 2 Section 1 of the Constitution grants Arizona's governor the power to remove any member of the commission "with the concurrence of two-thirds of the senate, for substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office."
Arizona governor, Jan Brewer, became the first to exercise this prerogative when, on November 1, 2011 the Arizona Senate approved her removal of AIRC chairwoman Colleen Mathis by a party-line vote of 21–6. The Arizona Supreme Court, however, unanimously ruled Mathis's removal unconstitutional on November 17 and ordered her reinstatement as AIRC chairwoman.
;Current commissioners
Commissioners for 2020 census redistricting:
* Erika Schupak Neuberg, independent of Maricopa County (chair)
* Derrick Watchman, Democrat of Apache County (vice chair)
* Shereen Lerner, Democrat of Maricopa County
* Douglas York, Republican of Maricopa County
* David Mehl, Republican of Pima County
;Past commissioners
Past commissioners for 2010 census redistricting:
* Colleen Mathis, independent of Pima County (chair)
* Linda McNulty, Democrat of Pima County
* Jose Herrera, Democrat of Maricopa County
* Scott Freeman, Republican of Maricopa County
* Richard Stertz, Republican of Pima County
Past commissioners for 2000 census redistricting:
* Steven W. Lynn, independent of Pima County (chair)
* Daniel Elder, Republican of Pima County
* Joshua Hall, Democrat of Apache County
* James Huntwork, Republican of Maricopa County
* Andi Minkoff, Democrat of Maricopa County (vice chair)
Constitutionality of the AIRC
The Elections Clause of the federal constitution provides, "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by ''the Legislature'' thereof." (emphasis added). Because the independent redistricting commission was created by voters through ballot initiative rather than by the legislature, the constitutionality of congressional district maps drawn by the commission was under dispute. (All agree the commission has authority to draw state district maps.) The Arizona Legislature filed suit in federal court, seeking to take back the power to draw congressional district lines. The case eventually went before the U.S. Supreme Court.
The Arizona Legislature was so confident that it would prevail in the U.S. Supreme Court that it even hired a firm to redraw the congressional district maps without waiting for the Court to make its decision.
On June 29, 2015, the U.S. Supreme Court rejected the legislature's argument in
Arizona State Legislature v. Arizona Independent Redistricting Commission. The Court held the term "legislature" in the Elections Clause could be read broadly to mean "the power that makes laws," not just the two representative houses. Because Arizona Constitution granted voters exactly "the power that makes laws," the voters were not prohibited from adopting laws governing redistricting.
[Arizona State Legislature v. Arizona Independent Redistricting Comm'n]
2015
The court's decision left intact the independent redistricting commission's full authority, and implicitly upheld similar commissions in other states, notably the
California Citizens Redistricting Commission.
The Supreme Court upheld the 2010 redistricting in
Harris v. Arizona Independent Redistricting Commission.
History of redistricting in Arizona
For most of Arizona's historythat is, the period between statehood in 1912 and the passage of Proposition 106 in 2000the legislature controlled the drawing of congressional and legislative districts. Until 1941, however, there was no congressional redistricting to be done, as Arizona only had a single at-large seat. The
census of 1940 showed that Arizona's population had grown significantly enough to merit a second seat in the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
; in the 1942 midterm elections, Arizona sent two representatives to Congress for the first time. The state gained one seat after each of the censuses in
1960
It is also known as the "Year of Africa" because of major events—particularly the independence of seventeen African nations—that focused global attention on the continent and intensified feelings of Pan-Africanism.
Events
January
* Jan ...
,
1970
Events
January
* January 1 – Unix time epoch reached at 00:00:00 UTC.
* January 5 – The 7.1 Tonghai earthquake shakes Tonghai County, Yunnan province, China, with a maximum Mercalli intensity of X (''Extreme''). Between 10,000 and ...
,
1980 and
1990
File:1990 Events Collage.png, From left, clockwise: The 1990 FIFA World Cup is played in Italy; The Human Genome Project is launched; Voyager I takes the famous Pale Blue Dot image- speaking on the fragility of humanity on Earth, astrophysicist ...
; following explosive population growth in the nineties, the state added two congressional districts. Arizona's rapid growth since the 1960s was previously the result of sustained internal migration from the
Northeast
The points of the compass are a set of horizontal, radially arrayed compass directions (or azimuths) used in navigation and cartography. A compass rose is primarily composed of four cardinal directions—north, east, south, and west—each se ...
and
Midwest and more recently from the
Western United States
The Western United States (also called the American West, the Far West, and the West) is the region comprising the westernmost states of the United States. As American settlement in the U.S. expanded westward, the meaning of the term ''the We ...
to the
Sun Belt, as well as steady immigration.
For 55 years, from Arizona's statehood in 1912 until 1967 politics at the state level were reliably Democratic, and evenly divided at the federal level, with Arizona's electoral votes going to Democratic presidential candidates in 7 elections, and to Republicans in 7. In the period from 1968 until 2018 Arizona was fairly reliably Republican in Presidential Elections, although at the state level Democrats held the majority offices during some periods, and Republicans held the majority others. The only Democratic presidential nominee to carry Arizona during this period was
Bill Clinton
William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
in
1996. In 2018 Arizona saw a "blue shift" statewide for Democrats with
Kyrsten Sinema
Kyrsten Lea Sinema (; born July 12, 1976) is an American politician and former social worker serving as the senior United States senator from Arizona since January 2019. A former member of the Democratic Party, Sinema became an independent in ...
's Senate win and additional statewide office wins by Democrats
Katie Hobbs
Kathleen Marie Hobbs (born December 28, 1969) is an American politician and social worker who is the governor-elect of Arizona, having been elected in 2022. She has served as the 21st secretary of state of Arizona since 2019. A member of the ...
,
Kathy Hoffman
Kathy Hoffman (born 1985) is an American educator, speech-language pathologist, and politician who served as the Arizona Superintendent of Public Instruction from 2019 to 2023. A member of the Democratic Party (United States), Democratic Party, ...
and
Sandra Kennedy
Sandra Kennedy (born December 25, 1957) is an American politician who served on the Arizona Corporation Commission from 2019 to 2023. Kennedy was first elected to the commission in 2008 but was defeated for re-election in 2012. She ran again for t ...
. Additionally,
Ann Kirkpatrick
Ann Leila Kirkpatrick (born March 24, 1950) is an American politician and retired attorney serving as the United States representative from since 2019. A member of the Democratic Party, she represented from 2009 to 2011 and again from 2013 to ...
's win in AZ-02 created a majority Democratic US House Delegation from Arizona. This shift continued in 2020 with Democrats adding seats in the state house and senate, as well as
Mark Kelly's Senate seat and
Joe Biden's win in
2020
2020 was heavily defined by the COVID-19 pandemic, which led to global social and economic disruption, mass cancellations and postponements of events, worldwide lockdowns and the largest economic recession since the Great Depression in t ...
.
The Hispanic population has risen by 46% in the last ten years.
Due to this change, and other demographic changes, including relocation to Arizona from other western states, Arizona has become more competitive politically and President Obama’s 2012 reelection campaign manager stated he believed Obama could win the state.
2010 redistricting
Between 2000 and 2010 Arizona's population grew by 1,261,385 people, from 5,130,632 to 6,392,017, a 24.6 percent increase. This represented the second highest population growth rate in the country after
Nevada
Nevada ( ; ) is a state in the Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. Nevada is the 7th-most extensive, ...
and far outpaced the national average, resulting in Arizona gaining a ninth congressional seat through
reapportionment. The AIRC for the 2011–2020 cycle started administrative meetings in March 2011 and held its first official mapping meeting on August 18, 2011.
Through the spring and summer, the committee held meetings and public fora around the state to solicit public input. The AIRC approved draft congressional and draft legislative maps on October 3 and October 10 respectively and has completed two rounds of hearings gauging Arizonans' reactions to the draft maps.
Population growth over the first decade of the century was concentrated in the exurbs of Phoenix. To Maricopa County's southeast,
Pinal County
Pinal County is in the central part of the U.S. state of Arizona. According to the 2020 census, the population of the county was 425,264, making it Arizona's third-most populous county. The county seat is Florence. The county was founded in 187 ...
, once sparsely populated, grew by 100 percent, to 375,770. Communities to the west of the capital also expanded substantially. Demographically, "the Hispanic population grew by 46 percent statewide over the last decade – more than twice the growth of all other ethnic groups."
The draft congressional map, which was approved by the commission by a vote of 3–1 with one abstention, was seen by outside observers as generally favorable to Democrats;
neither Republican member voted in favor of it. Several Democratic incumbents, including
Raul Grijalva
Raul, Raúl and Raül are the Italian, Portuguese, Romanian, Spanish, Galician, Asturian, Basque, Aragonese, and Catalan forms of the Anglo-Germanic given name Ralph or Rudolph. They are cognates of the French Raoul.
Raul, Raúl or Raül may re ...
and
Gabby Giffords
Gabrielle Dee Giffords (born June 8, 1970) is an American retired politician and gun control advocate who served as a member of the United States House of Representatives representing from January 2007 until January 2012, when she resigned ...
, were drawn into slightly more Democratic districts. Additionally, the 9th district, based in Tempe and comprising much of the old 5th district, would be competitive and possibly Democratic-leaning, having voted for
John Kerry
John Forbes Kerry (born December 11, 1943) is an American attorney, politician and diplomat who currently serves as the first United States special presidential envoy for climate. A member of the Forbes family and the Democratic Party, he ...
in 2004 and
Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...
in 2008.
Two freshman representatives,
Paul Gosar
Paul Anthony Gosar ( ; born November 27, 1958) is an American far-rightMultiple sources:
*
*
* politician and former dentist who has been the U.S. representative for since 2013. A Republican, he was elected in 2010 to represent the neighbor ...
and
Ben Quayle, faced the choice of running in much less Republican districts or moving to safer districts where they could potentially face competitive primaries.
Maricopa County would continue to dominate the state's politics under the new map: eight of Arizona's nine congressional districts extend into its more than 3.8 million-person territory.
In an unprecedented vote on November 1, 2011, the
Arizona Senate approved Governor
Jan Brewer
Janice Kay Brewer (''née'' Drinkwine, formerly Warren; born September 26, 1944) is an American politician and author who was the 22nd governor of Arizona from 2009 to 2015. A member of the Republican Party, Brewer is the fourth woman (and was t ...
's removal of the AIRC's independent chairwoman, Colleen Mathis, under allegations of gross misconduct.
On November 17, the
Arizona Supreme Court
The Arizona Supreme Court is the state supreme court of the U.S. state of Arizona. Sitting in the Supreme Court building in downtown Phoenix, Arizona, Phoenix, the court consists of a chief justice, a vice chief justice, and five associate justice ...
summarily and unanimously overturned Governor Brewer's removal of Mathis, ordering her reinstatement as commission chair.
Mathis, who denied all wrongdoing, attempted to have the Arizona Supreme Court stop the Senate from voting to remove her, but the vote took place before the case could go forward. Brewer also attempted to remove both Democratic members of the commission in the same motion,
but the Senate declined to vote on those removals. Attorneys for Mathis and the AIRC brought suit to the state Supreme Court asking it "to rule the governor exceeded her legal authority in dismissing Mathis, and the Senate acted illegally in ratifying Brewer's decision." While Brewer's office and Republicans in the Arizona legislature defended their actions as part of their constitutional prerogatives, Democrats and the authors of Proposition 106 contend Mathis's removal was politically motivated and not justified by any of the violations alleged by Republicans. In the following days, Arizona's two major newspapers, ''
The Arizona Republic
''The Arizona Republic'' is an American daily newspaper published in Phoenix. Circulated throughout Arizona, it is the state's largest newspaper. Since 2000, it has been owned by the Gannett newspaper chain. Copies are sold at $2 daily or at $3 ...
'' and ''
Arizona Daily Star'', penned editorials condemning the move, writing that though the allegations against Mathis merit investigation, they do not rise to the level of "gross misconduct."
The ''Star'' opined, "It appears that Mathis' real misdeed is putting out for public comment a map that the governor and fellow Republicans think is wrong."
On November 17, the Supreme Court ruled against the Brewer administration, finding that "the governor did not demonstrate substantial grounds for removing Mathis from the head of the redistricting panel." The court ordered her reinstated as chairwoman of the AIRC.
With the reinstatement of Chairman Mathis, the AIRC continued drawing and finalizing the maps. In an attempt to ensure that the process was fair and transparent, the commission held 58 business meetings and 43 public hearings in locations all over the state, for a total of over 359 hours in an 11-month period. There were a total of over 5,000 attendees at those meetings, and 2,350 speaking requests were granted. The commission streamed almost every meeting to the internet, allowing another 1,850 distinct viewers to join.
After these meetings and the continued deliberations of the committee, the AIRC submitted the final congressional and legislative maps to the
Department of Justice
A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
on February 9, 2012 and February 28, 2012 respectively for preclearance under the
Voting Rights Act
The Voting Rights Act of 1965 is a landmark piece of federal legislation in the United States that prohibits racial discrimination in voting. It was signed into law by President Lyndon B. Johnson during the height of the civil rights movement ...
. The Justice Department approved the maps on April 9, 2012 and April 26, 2012 respectively.
See also
*
Elections in Arizona
Elections in Arizona are authorized under the Arizona State Constitution, which establishes elections for the state level officers, cabinet, and legislature.
In a 2020 study, Arizona was ranked as the 21st hardest state for citizens to vote in.
...
*
2020 United States census
The United States census of 2020 was the twenty-fourth decennial United States census. Census Day, the reference day used for the census, was April 1, 2020. Other than a pilot study during the 2000 census, this was the first U.S. census to of ...
*
2020 United States redistricting cycle
The 2020 United States redistricting cycle is in progress following the completion of the 2020 United States census. In all fifty states, various bodies are re-drawing state legislative districts. States that are apportioned more than one se ...
References
External links
"Redistricting in Arizona" article on Ballotpedia.org*
Arizona Independent Redistricting Commission
{{Arizona
Arizona elections
Redistricting in the United States
Arizona
Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...