How do we evaluate the fairness of proposed reforms? Historically, we see ourselves anew and think empathetically that we are in the place of those whose condition is being remedied.
The Ohio Issue 1 Citizens Redistricting Commission creates a different method of redistricting Ohio for the purpose of General Assembly and Congressional elections. Issue 1 removes the persons currently empowered to serve as the Ohio Redistricting Commission by the Ohio Constitution: the Governor, Auditor of State, Secretary of State, an appointee of the House Speaker, an appointee of the House Minority Leader, an appointee of the Senate President, and an appointee of the Senate Minority Leader. In their place, Issue 1 would name 15 Ohio citizens who: (1) are not elective or appointive officials and (2) in the previous six years, have not: (a) held elective or appointive office in Ohio; (b) been a candidate for elective office in Ohio; (c) been an officer, paid consultant, or contractor to a political party, political action campaign, or campaign committee; (d) been a staff member, paid consultant, or contractor for an elected official or candidate; or (e) been a registered lobbyist or legislative agent with the State of Ohio or the federal government. These disqualifications apply to the immediate family members of the citizen commissioners as well. Citizen commissioners will represent the two largest political parties and independent voters based upon their previous primary ballot selections.
The citizen commissioners must not, in general, possess interests that conflict with the redistricting process. For, they are prohibited from holding elective or appointive office in Ohio for the six years following certification of their commission ‘s redistricting plan.
The redistricting plan of the Citizens Commission is subject to judicial review and must comply with the U.S. Constitution and applicable federal law, including the Voting Rights Act of 1965. The proposed redistricting method of Issue 1 is, thus, accountable to the judiciary and constitutional principles of due process and equal protection of the law. Court action is a more speedy path to justice and fairness than would be awaiting the next feasible popular ballot approval of General Assembly elective officials or the redistricting plan itself. And, the citizen commissioners are selected by a panel of retired judges. Former judges often are active in the practice of law and subject to professional rules prohibiting even the appearance of impropriety in their conduct, no less actual conflicts of interest.
When we seek to begin a new governmental structure, we should consider our personal situation. If we were potential candidates without knowledge of our political party affiliation or socio-economic status, would we deem the proposed Citizen Commission fair and just in its consideration of districts for candidates? This view is that of American philosopher John Rawls in his theory of the “veil of ignorance.” For Rawls, we at no time know our future, what our social and political standing will be. Consequently, we seek governmental reform that assures equal government. In evaluating Ohio Issue 1, and all redistricting proposals, including that currently in place, we should envision that we are both the voter and the candidate whose district is to be drawn.
Lori Gayle Nuckolls
Philosophy, Law and Politics 