Cecily Zamora
In 2018, Michigan voters passed Proposal 2, a constitutional amendment that created an independent citizens' redistricting commission. The commission, established by Voters Not Politicians, consists of 13 members selected randomly by the secretary of state, with four Democrats, four Republicans, and five independents. The commission is tasked with drawing district maps for Congress, the Michigan State Senate, and the Michigan State House every ten years. This amendment aimed to address gerrymandering in Michigan, where politicians and lobbyists met behind closed doors to draw district maps that benefited themselves and gave their party an unfair advantage. The commission is required to hold public hearings, conduct business in open meetings, and prioritize the will of voters over political interests. However, the commission has faced legal challenges, including a lawsuit alleging violation of the Equal Protection Clause and the Voting Rights Act by drawing district boundaries predominantly based on race.
| Characteristics | Values |
|---|---|
| Proposal Name | Proposal 18-2, Proposal 2 |
| Proposal Year | 2018 |
| Proposal Type | Citizen-led ballot initiative |
| Proposal Objective | To move control of redistricting from the state legislature to an independent commission |
| Commission Size | 13 members |
| Commission Composition | 4 Democrats, 4 Republicans, 5 Independents |
| Applicant Criteria | Any Michigan voter, except politicians or lobbyists in the last 6 years |
| Commission Criteria | Equal population, geographically contiguous, reflect diverse communities, no disproportionate advantage to political parties |
| Commission Process | At least 5 public hearings, open meetings, quorum of 9 commissioners |
| Commission Outcome | Maps for State House, State Senate, and US House submitted in December 2021 |
| Legal Challenges | Lawsuit filed by Detroiters in 2022 alleging violation of Equal Protection Clause and Voting Rights Act |
| Court Ruling | District Court found MICRC drew boundaries predominantly based on race |
| Amendment Status | Passed as a constitutional amendment in November 2018 |
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What You'll Learn
Michigan's gerrymandering problem
Michigan has long been criticized for its partisan gerrymandering. In the 2012 Michigan House of Representatives election, for instance, Democrats won 53.97% of the vote, yet Republicans secured 59 seats, compared to the Democrats' 51. A similar result occurred in 2016, with a nearly even vote (49.2%–49.13%) leading to a 16-seat advantage for Republicans.
In 2018, a ballot initiative, Proposal 18-2, was approved by voters in Michigan as part of the 2018 United States elections. The proposal was created in preparation for the 2020 United States census, and it sought to address the state's gerrymandering problem by moving control of redistricting from the state legislature to an independent commission. The commission consists of 13 members selected randomly by the secretary of state: four affiliated with Democrats, four with Republicans, and five independents. Any Michigan voter can apply to be a commissioner, provided they have not been a politician or lobbyist in the last six years.
The commission held at least five public hearings throughout the state to solicit comments from the public about the proposed plans. Each proposal included census data, maps, and legal descriptions that included political subdivisions, man-made features, and natural features forming the district boundaries. The commission finished drawing maps for the State House, State Senate, and US House in December 2021, with each map passing with a constitutional majority of at least two Democrat, two Republican, and two Non-Affiliated commissioners.
However, the commission has faced legal challenges. In December 2023, a federal court ordered the Michigan Independent Citizens Redistricting Commission (MICRC) to adopt new maps for several districts after finding that these districts had been drawn predominantly based on race, in violation of the Equal Protection Clause of the US Constitution. Additionally, in 2021, the commission was accused of violating the state constitutional amendment that created it by holding a private meeting to discuss memos related to racially polarized voting and the Voting Rights Act.
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Proposal 18-2
The proposal established the 13-member Michigan Independent Citizens Redistricting Commission (MICRC), consisting of four Democrats, four Republicans, and five independents. Any Michigan voter could apply to be a commissioner, provided they had not been a politician or lobbyist in the previous six years. The commission was tasked with establishing new redistricting criteria, including creating geographically compact and contiguous districts of equal population that reflected Michigan's diverse population and communities of interest. The districts were not supposed to provide a disproportionate advantage to any political party or candidate.
The commission held public hearings and meetings throughout the state to solicit comments from the public about the proposed plans. The entire redistricting process was required to be fair, impartial, and transparent, with all meetings being open to the public and live-streamed. Commissioners were required to perform their duties in a manner that reinforced public confidence in the integrity of the redistricting process.
The MICRC faced legal challenges, with a group of African-American Detroiters suing the commission in 2022 for violating the Equal Protection Clause of the United States Constitution and the Voting Rights Act. In December 2023, a three-judge panel ruled that the MICRC had predominantly considered race when drawing the district boundaries for the plaintiffs.
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The commission's structure
Michigan's Independent Citizens Redistricting Commission (MICRC) was created after the 2018 Voters Not Politicians' ballot initiative. The commission consists of 13 members selected randomly by the secretary of state: four affiliated with Democrats, four with Republicans, and five independents. Any Michigan voter can apply to be a commissioner, provided they have not been a politician or lobbyist in the previous six years.
The commission must hold at least five public hearings across the state to solicit comments from the public about the proposed plans. Each commissioner must perform their duties impartially and in a manner that reinforces public confidence in the integrity of the redistricting process. Nine commissioners, including at least one commissioner from each selection pool, constitute a quorum, and all meetings require a quorum.
The commission must abide by specific criteria when proposing and adopting plans, in the following order of priority:
- Districts must have equal populations as mandated by the US Constitution and comply with the Voting Rights Act and other federal laws.
- Districts must be geographically contiguous.
- Districts should reflect the state's diverse population and communities of interest, including those with shared cultural, historical, or economic interests.
- Districts must not provide a disproportionate advantage to any political party.
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The commission's responsibilities
The Michigan Independent Citizens Redistricting Commission (MICRC) is responsible for drawing district maps for Congress, the Michigan State Senate, and the Michigan State House every ten years. The commission consists of 13 members selected randomly by the secretary of state: four affiliated with Democrats, four with Republicans, and five independents. Any Michigan voter can apply to be a commissioner as long as they have not been politicians or lobbyists in the previous six years.
The commission is responsible for ensuring that districts are of equal population as mandated by the United States Constitution and that they comply with the Voting Rights Act and other federal laws. Districts must also be geographically contiguous and reflect the state's diverse population and communities of interest. Additionally, districts should not provide a disproportionate advantage to any political party.
The commission is required to hold at least five public hearings throughout the state to solicit comments from the public about the proposed plans. Each commissioner must perform their duties impartially and in a manner that reinforces public confidence in the integrity of the redistricting process. The commission's business must be conducted in open meetings, with a quorum of nine commissioners required for all meetings.
The MICRC is also responsible for ensuring that the redistricting process is fair, impartial, and transparent. This includes ensuring that the maps are not drawn heavily based on race, as this would violate the Equal Protection Clause of the US Constitution. The commission's responsibilities are legislative functions that are not subject to the control or approval of the legislature and are exclusively reserved for the commission.
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The commission's constitutionality
In 2018, Michigan voters passed Proposal 2, a constitutional amendment to transfer the power to draw election district maps from politicians to voters. The proposal was created in preparation for the 2020 United States Census, aiming to address the issue of gerrymandering in the state. The amendment established the Michigan Independent Citizens Redistricting Commission (MICRC), comprising 13 members selected randomly by the secretary of state, with equal representation from Democrats, Republicans, and independents.
The commission's creation followed a successful ballot initiative led by Voters Not Politicians (VNP), a citizen-driven organisation. VNP gathered over 425,000 signatures from registered Michigan voters, enabling the proposal's inclusion on the ballot. The Michigan Supreme Court upheld the legality of the initiative, rejecting arguments that it constituted a fundamental revision to the state constitution.
The commission's responsibilities include proposing and adopting redistricting plans that adhere to specific criteria. These criteria include equal population distribution, geographical contiguity, representation of the state's diverse communities, and the prevention of disproportionate political advantages. The commission is mandated to conduct its business in public meetings, ensuring transparency and impartiality in the redistricting process.
Despite the commission's establishment and efforts, it has faced legal challenges. In 2021, the commission was accused of violating the state constitutional amendment by holding a private meeting to discuss memos related to racially polarised voting and the Voting Rights Act. Attorney General Dana Nessel opined that the commission's discussion should have been conducted in an open meeting, as it pertained to matters that could influence the drawing of new maps.
Additionally, in December 2023, a federal court ordered the MICRC to redraw certain state House and Senate district maps. The original maps were found to have been heavily based on race, violating the Equal Protection Clause of the US Constitution. The commission completed the redrawing process, demonstrating its commitment to upholding constitutional requirements.
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Frequently asked questions
No, the commission created a constitutional amendment.
The commission was created to address the issue of gerrymandering in Michigan, where politicians and lobbyists met behind closed doors to draw district maps that favoured their political party and disadvantaged their opponents.
The commission consisted of citizens who were not politicians or lobbyists, and they were tasked with drawing fair and impartial district maps that complied with criteria such as equal population, geographical contiguity, and diversity.
The commission successfully created new district maps for the State House, State Senate, and US House, with each map passing with a constitutional majority of at least two Democrats, two Republicans, and two non-affiliated commissioners.
