Independent redistricting is another step closer to reality in Dutchess County. The county legislature this week unanimously passed a law amending the county charter. Now, it’s up to the voters.
Currently, the charter grants the legislature sole authority over redistricting. This will no longer be the case if the voters approve an independent redistricting referendum in November 2020. Republican County Legislature Chair Gregg Pulver says it’s a big step forward for open government.
“Took the Ulster County model tweaked it for Dutchess County and came up with what we think is a better law than what Ulster County has,” Pulver says. “And I think it’s not what the Democrats wanted, not what the Republicans wanted, but I think it’s what Dutchess County needed.”
He says the Dutchess legislation differs from Ulster County’s with regard to clarity and definitions.
“It’s different enough that we think it makes it much clearer to understand and much clearer to implement,” says Pulver.
Ulster County adopted an independent process by referendum in 2018. Democratic assistant minority leader Kristopher Munn says the change would be far better than current practice.
“But I think it could have been even better. The instructions that will be given to the commission as to how to draw the district I think are not as clear as they could be,” Munn says. “But I refuse to allow the perfect be the enemy of the good, as they say, And so I was willing to move forward on this.”
He says the proposed charter change would create a seven-person independent commission of county voters to redraw county legislative districts after each census. Members could not be elected officials, party officials or government employees. The legislature would not have final approval of the new map.
“So basically, if you look at the law and you compare it to Ulster’s charter, 80 percent of it is verbatim, with some search and replace, Ulster to Dutchess,” says Munn. “And there about 20 percent that’s reworded, rearranged, and a lot of that language is stuff that we forced to be in there.”
In addition to having an independent commission, there would be transparency safeguards and stronger rules for drawing district boundaries in a non-partisan way. There also would be a ban on the use of party and polling data. Again, Pulver.
“Obviously, redistricting usually favors the party that’s in power at the time. I don’t think that’s necessarily fair,” Pulver says. “And this eliminates the term gerrymandering, which is something that we’ve all had to live with, pro and con.”
And, he believes, the timing of putting the vote before the public in 2020 is auspicious.
“It turns out that we are going to put it up for a public referendum in a big voter turnout year,” Pulver says. “I think that’s the best news of that. And there was no rush to do it anytime sooner than that.”
Munn, however, wanted the law to pass in time for this November’s elections.
“It would have had to be done by an early August deadline. In order to do that, we put our law forward in May so that could happen. They refused to put it on the agenda. They refused to bring it to the floor for discussion or amendments or even to table it. They just pulled it,” Munn says. “I think the main reason is they didn’t want it in front of the voters this year. That would make it virtually impossible to repeal. And I have every expectation that if they retain a majority next year that they will repeal it again.”
Pulver says there is a slim-to-none chance of a repeal.
“I think any attempt at repeal by anybody, either side, would be met with an outcry,” says Pulver. “And certainly, if I’m here after this election would not support a repeal. And I know if Marcus is here after the election, he would not sign a repeal.”
He refers to Republican County Executive Marc Molinaro. County Democrats passed an independent redistricting law in 2009 when in the majority, and Republicans repealed it when they restored their majority the following term. Pulver contends that the law lacked the independent nature of the one legislators just passed. Pulver says the Dutchess law could provide a framework for other municipalities.
