Gerrymandering shields lawmakers from HB2 backlash


By Mark Nance - Common Cause N.C.



Even amidst the bombast of this presidential primary season, HB2 continues to push North Carolina into the spotlight.

Amazingly, our state recently made news in the United Kingdom because the British Foreign Office (the equivalent of the U.S. State Department) issued a warning to LGBTQ citizens about travel to North Carolina. While in London, President Barack Obama felt compelled to comment on the topic. Entertainers have cancelled shows. Hundreds of companies have spoken out against it, with some notable businesses halting investment or expansion in the state. The NCAA, the NBA and NASCAR have made their opposition clear. Some states have banned state-funded travel to North Carolina.

HB2 has become the latest attack ad by Ted Cruz, while Charles Krauthammer, hardly a flaming liberal, raises questions about the threat that transgender people really pose. A recent court decision in Virginia means that billions of dollars of federal funding are at risk because of HB2.

I’d bet a fair amount that our elected representatives have been caught off guard by it all. That seemed true of Gov. Pat McCrory when a WRAL reporter challenged the governor’s assertion that the law overrode no local ordinances. McCrory has been trying to catch up ever since.

Gov. McCrory remains in a vocal war of words with all the “liberal PC elite” whom he says are unfairly slandering his state. He was on NBC’s “Meet the Press,” where Chuck Todd suggested that the governor’s justifications for the bill were in fact a new rendition of the same arguments used to continue institutionalized racism in the South. McCrory’s executive order that rolled back some provisions by a fraction seemed only to fan the flames by signaling that his own support of the bill was wavering.

Of all the amazing aspects of this story, however, what is most striking to me is what’s not there. By most accounts, McCrory was not the driver of the bill. He likely preferred a very narrow bill to overturn the Charlotte ordinance as a strategy against Democratic gubernatorial candidate Roy Cooper. So where are those who really pushed the bill? Where has the GOP leadership been and why aren’t they on the front lines defending the bill, like McCrory? Where are the eleven Democrats that voted for it? Why aren’t they defending the good reputation of North Carolina?

The Associated Press recently went to great lengths to get comments from all members of the General Assembly, with miserably bad response rates. It took a comment from the president of the United States to get Senate leader Phil Berger to respond, an exception that proves the rule: the politicians who pushed hardest for this bill have been silent in the face of staunch criticism. Why?

They don’t have to. About 90 percent of the legislators that voted for the bill either face no challengers in their elections this fall or won their last election by more than 10 percentage points. In North Carolina, both parties have embraced gerrymandering — the drawing of election districts for partisan advantage — to such a degree that most incumbents face no challenge. For many, re-filing is effectively the same as being re-elected.

It’s hard to gerrymander the governor’s district, however. And so we see that Gov. McCrory, who ultimately was probably the least gung-ho about the bill, is the one out front taking the heat, while those who really pushed the issue hide behind him in their gerrymandered districts, redistricted into isolation.

Whatever your stance on HB2, we should be able to agree that the governor’s public defense of the law is a good thing. It’s a vital means of accountability in a democracy. What’s pathetic is that so few other elected officials are doing the same.

The curious case of HB2 illustrates how gerrymandering undermines the democratic process. Sherlock Holmes once warned his sidekick, Watson, that he should worry less about the dogs that barked and more about the dogs that didn’t. That warning is appropriate in North Carolina politics. From the many court cases over our voting districts, we’re used to the serpentine look of gerrymandering. The controversy over HB2 teaches us the sound of gerrymandering: it’s the sound of silence.

Mark T. Nance is assistant professor of political science at North Carolina State University and a board member with Common Cause North Carolina.

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By Mark Nance

Common Cause N.C.

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