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From YouTube: 10/28/2021 - Committee to Conduct Matters Relating to Reapportionment and Redistricting in Nevada
Description
This is the fourth meeting of the 2021-2022 Interim. 155 North Taylor Street, Suite 145, Fallon, NV. Please see the agenda for details.
For agenda and additional meeting information: https://www.leg.state.nv.us/App/Calendar/A/
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A
D
A
Here
and
assemblywoman
benitez
thompson
is
absent
excused
good
morning.
Everyone
today
is
the
fourth
meeting
of
the
committee
to
conduct
an
investigation
into
matters
relating
to
reapport,
reapportionment
and
redistricting.
I
am
assemblywoman
brittany
miller
and
pleased
to
serve
as
the
chair
for
this
committee
to
all
of
those
in
attendance.
First,
I'd
like
to
say
that
we
are,
I
know
we're
not
able
to
be
viewed,
but
we
are
live
streamed
audio,
so
you
are
able
to
hear
everything
going
on
with
that.
You
also
can
still
participate
by
calling
in
to
make
public
comment.
A
I
thank
everyone
for
your
interest
and
your
engagement
and
participation
in
this
process.
I'd
also
like
to
recognize
that
former
assemblyman
tom
grady,
who
served
from
2003
to
2015,
is
present
in
the
room
with
us
here.
So
thank
you
for
joining
us
and
your
continued
engagement
as
well
in
your
service.
A
So
we
are
here
in
the
churchill
county,
commission
chambers
today
again
a
few
brief
housekeeping
notes
that,
as
we're
meeting
in
person,
people
will
have
the
opportunity
to
call
in
or
come
forward
to
make
public
comment.
Meeting
materials
can
be
assessed
on
the
committee's
web
page
and
we
have
copies
at
the
table
near
the
door.
A
Anyone
who
would
like
to
receive
electronic
notification
and
access
to
the
committee's
agendas,
minutes
or
final
report
can
sign
up
on
the
nevada
legislature's
website.
We
will
have
two
periods
of
public
comment
today,
one
at
the
beginning
and
one
at
the
end,
and
we
are
asking
every
speaker
to
limit
their
comments
to
three
minutes.
A
A
A
Four
775-684-6400
zero:
the
audio
of
this
meeting
is
being
recorded
and
will
be
available
on
the
legislature's
website
for
archives.
Listening
over
our
streaming
service
again,
thank
you
for
indulging
me
with
the
housekeeping
issues
and
we
will
move
on
to
our
next
agenda
item,
which
is
public
comment
again.
We
ask
that
everyone
limit
their
comments
to
three
minutes
and
we
again
we
will
have
one
at
the
end
of
the
agenda
as
well.
A
Broadcasting
is
there
anyone
on
the
line
that
is
calling
in
to
make
public
comment.
B
B
E
E
Last
year's
census
count
was
fraught
with
several
challenges,
including
the
pandemic
natural
disasters
such
as
wildfires
and
for
some
communities,
a
hostile
environment
towards
members
who
would
normally
be
asked
to
fill
out.
The
census,
such
as
undocumented
individuals
and
families
planned
parenthood.
Marmante
provides
health
care
to
thousands
of
patients,
and
immigrant
populations
are
among
our
patient
base,
just
as
they
are
important
members
of
our
communities.
E
B
F
F
The
public
still
has
every
right
to
fully
participate
in
this
one.
Once
in
a
decade
process.
Last
week
this
committee
heard
about
how
much
our
state
grew,
including
the
diversity
of
our
great
state.
There
must
be
accurate
representation
at
the
state
level
to
ensure
we
have
accurate
representation
of
nevada's
demographics
and
needs.
During
the
last
week's
meeting,
I
heard
calls
to
ensure
the
people's
house
is
as
diverse
and
reflective
as
the
people
themselves.
F
F
Other
states
have
fast
tracked
their
redistricting
process,
with
little
to
no
public
input,
a
process
that
has
long-term
effects
on
community
representation.
Presently
this
committee
is
allowing
for
the
public
to
highlight
their
concerns
and
priorities,
but,
madam
chairing
committee
members,
public
participation
cannot
end
when
the
special
session
begins.
Once
maps
are
drawn,
there
must
be
reasonable
time
for
the
community
to
provide
feedback.
I
understand
that
things
move
very
fast
during
a
special
session,
but
they
cannot
move
so
fast
that
the
community
concerns
are
ignored.
Thank
you
very
much
for
your
time.
B
B
F
F
You
did
not
bring
our
leadership
and
our
community
and
our
people
to
the
table
to
consult
regarding
information
that
you
had
gathered
and
even
the
changes
that
you
intended
to
make
to
me.
I
feel
this
is
why
people
don't
want
to
share
their
information
and
to
me
again
as
a
tribal
leader
as
a
tribal
citizen
of
nevada.
It
disheartens
me,
and
I
I
feel
it's
a
blatant
slap
in
the
face
to
the
people
and
the
membership
and
the
citizens
of
the
waka
river
paiute
tribe
he
shot
you.
B
B
B
B
A
Okay,
thank
you
and
with
that
again
I
just
want
to
remind
everyone,
and
hopefully
that
caller,
if
you're,
listening,
that
we
will
have
a
public
comment
again
at
the
end
of
the
agenda.
I
also
want
to
offer
we
had
some
additional
people
join
us
and,
as
they
were
walking
in,
we
were
in
the
middle
of
public
comment.
So
would
you
like
to
come
forward
to
make
any
public
comment.
A
Certainly,
and
welcome,
and
with
that
I
will
go
ahead
and
close
public
comments
before
we
go
on
to
our
agenda.
Furthering
our
agenda
just
like
to
remind
everyone
that
the
primary
purpose
of
this
committee
is
to
educate
the
public
and
legislators
on
the
reapportionment
and
redistricting
process
and
give
the
public
a
chance
to
be
heard
on
this
important
topic.
Therefore,
at
this
meeting,
lcb
staff
will
review
the
basics
of
reapportionment
and
redistricting
that
will
be
during
agenda
item
number
three,
as
well
as
the
functions
of
our
online
redistricting
applications
under
agenda
item
number
seven.
A
I
know
it's
a
bit
repetitive
for
some
people,
but
also
it's
it's
important,
because
it's
again
just
such
a
learning
experience
for
everyone
and
this
information
is
important
for
everyone
in
the
public
to
be
aware
of,
as
we
move
through
our
redistricting
this
redistricting
cycle.
So
with
that,
let's
go
ahead
and
move
on
to
the
next
agenda
item.
That
will
be
agenda.
Item
number
three:
a
brief
introduction
to
reapportionment
and
redistricting
and
the
role
of
the
nevada
state
legislature
in
redistricting.
A
G
Thank
you,
madam
chair
members
of
the
committee
for
the
record,
michael
stewart,
I'm
your
committee
policy
analyst,
and
I'm
I'm
happy
to
be
here
today.
So
as
you've
seen
a
few
times,
I'm
going
to
do
a
quick
run
through
of
the
inter
kind
of
a
quick
introduction
to
reenforcement
and
redistricting
and
go
through
some
history.
G
It's
just
me
solo.
This
time.
The
last
few
meetings
I've
been
with
mr
killian,
but
mr
killian,
mr
quast,
are
going
to
be
on
the
agenda
a
little
bit
later
to
go
a
little
bit
more
in
depth
about
the
legal
components
and
aspects
of
reapportionment
redistricting,
so
just
to
get
started
with.
G
As
you
know,
and
again,
this
is
for
the
benefit
of
the
public.
Every
10
years
following
the
census,
the
nevada
legislature
is
responsible
for
drawing
the
lines
and
redistricting
for
the
u.s
house
of
representatives,
the
nevada
state
senate,
the
nevada
state
assembly
and
the
nevada
system
of
higher
education's
board
of
regents
many
people
kind
of
wonder.
We
use
the
term
reapportionment
and
redistricting
and
sometimes
that's
often
used
interchangeably.
G
But
the
big
question
is:
what
does
that
mean
so
think
of
apportionment
in
its
purest
sense,
as
a
division
of
a
given
number
of
elected
members,
among
established
political
subdivisions
in
accordance
with
a
plan
or
formula?
So
a
good
example
is
the.
As
you
see
up,
there
is
the
u.s
house
of
representatives.
G
There
are
435
members
in
the
house
of
representatives,
but
those
are
allocated
among
existing
districts
to
for
another
part
of
a
state,
so
so
just
think
of
it
as
kind
of
a
reallocation
or
reassignment
of
existing
districts.
G
With
regard
to
redistricting
redistricting
is
more
the
division
of
existing
districts
into
new
districts
with
different
boundaries,
so
states
using
the
congressional
representatives
again
as
an
example
states,
with
more
than
one
member
of
the
house
of
representatives
redistrict
their
apportioned
number
of
representatives
into
new
districts
to
achieve
that
equal
population.
G
So
redistricting
pertains
to
the
redrawing
of
lines
for
redistrict
or
for
election
districts.
So
in
short,
reapportionment
is
a
process
of
determining
how
many
districts
a
jurisdiction
will
receive
and
redistricting
what
refers
to
the
process
of
how
new
districts
are
drawn
and
the
legislature
can
exercise
both
powers.
As
you
know,
but
it
most
commonly
will
be
districts,
I'm
going
to
show
one
slide
on
the
legal
stuff.
G
Just
to
give
you
some
context,
the
primary
requirement
for
reapportionment
is
in
article
4,
section
5
that
basically
says
that,
after
each
census,
the
legislature
shall
fix
by
law
the
number
of
senators
and
assembly
members
and
apportioned
them
according
to
the
number
of
inhabitants
in
those
districts
and
as
you'll,
soon
find
out
later
on,
the
presentation
there
are
from
mr
killing,
mr
quas.
There
are
other
other
provisions
in
nevada
constitution
addressing
population-based
districts,
as
well
as
the
size
of
the
legislature.
G
G
The
senate
was
actually
a
portion
on
the
basis
of
one
senator
per
county,
and
the
assembly
also
had
at
least
one
representative
from
each
county,
and
throughout
this
period
the
senate
consisted
of
17
members
again
one
from
each
county.
But
the
assembly
fluctuated
greatly
from
37
in
1919
to
40
members
in
1931
to
41
in
1945
to
43
members
in
1947,
47
in
1951
and
then
back
to
the
37
members
in
1961.
G
So
there
was
a
lot
of
fluctuation
in
the
assembly,
all
the
while
the
senate
was
holding
sort
of
a
one
member
per
county
so
moving
to
the
1961
redistricting
again
based
on
the
1960
decennial
census.
That
did
require
drastic
realignment
of
representation
to
account
for
the
state's
rapid
population,
growth
and
increased
concentrations
of
population
in
clark
and
washoe
counties.
G
The
senate
remained
under
this
one
senator
for
each
17
for
each
of
the
state's
17
counties
model,
and
it
became
evident
that
kind
of
only
a
reduction
in
the
size
of
the
assembly
would
assure
the
best
ratio
of
representation
for
the
smaller
counties
and
therefore
a
reapportionment
plan
was
adopted
in
1961
to
reduce
that
aside,
the
assembly
from
47
to
37
members,
and
at
that
time
the
assembly
was
20
was
were
given
21
members
in
the
clark
and
washoe
counties
or
about
57
percent
of
the
assembly,
even
though
those
two
counties
contained
75
percent
of
the
state's
population
at
that
time.
G
So
the
1961
redistricting
still
did
not
accomplish
redistricting
that
closely
reflected
population,
but
it
did
indicate
at
least
maybe
a
little.
The
legislature's
recognition
that
population
population-based
apportionment
was
becoming
a
critical
nationwide
issue,
so
fast
forward
four
years,
and
will
mr
killian
and
mr
cross
will
talk
about
the
sort
of
the
voting
rights
act
and
sort
of
what
happened
in
the
mid-1960s.
G
As
you
can
imagine,
that
1961
plan
was
challenged
in
1965
and,
as
a
result,
a
special
legislative
session
was
convened
in
october
1965.
That,
essentially,
did
pave
the
way
for
the
one-person
one-vote
principle
that
you
know
about
later,
as
it
relates
to
equal
representation,
so
that
plan
held
through
the
remainder
of
the
1960s
and
in
the
1970s
redistricting
seemed
to
be
less
tumultuous.
G
G
In
the
1991
round
of
redistricting,
there
was
a
little
greater
controversy
with
that
round
of
reapportionment,
but
I
think
that
was
from
what
we're
seeing
largely
because
the
the
the
democrat
and
republican
margins
were
very
very
close,
and
it
was
so
close
that
both
parties
had
to
compromise.
G
1990S
also
marked
the
beginning
of
computer
mapping.
It
would
increase
the
sophistication
of
the
process
in
2001,
while
the
redistributing
was
actually
made
probably
simpler
because
of
technological
advances.
There
were
also
significant
political
and
demographic
factors
would
note
that
in
2001
the
legislature
remained
at
63
members,
but
representation
was
again
and
again.
Those
seats
were
shifted
to
southern
nevada
due
to
increased
population
growth
in
clark
county
and
then,
of
course,
we
added
another
congressional
seat
as
well
in
2001.
G
So
that
was
another
challenge
that
the
legislature
faced
at
that
time
in
2011
kind
of
what
we.
What
we're
dealing
with
now
these
are
your
existing
districts
until
such
time
as
the
legislature
redistricts
here
in
the
next
few
weeks
with
legislators
facing
budget
and
revenue
constraints,
there
was
seemed
to
be
little
desire
at
that
time
to
increase
the
size
of
the
legislature
and
a
greater
percentage
again
of
senate
and
assembly
districts.
Those
seats
would
shift
to
southern
nevada
again
to
account
for
the
notable
population
growth
the.
G
I
guess,
the
community
of
interest
that
that
showed
the
most
growth
at
that
time
was
the
population
of
the
nevada's
hispanic
community,
it
more
than
tripled
during
the
1990s
and
nearly
doubled
throughout
the
first
decade
of
the
2000s
and
persons
of
hispanic
or
latino
origin
comprise
over
26.5
percent
of
nevada's
population
in
the
2010
census.
G
At
that
time
indicated
that
he
would
not
call
the
legislature
into
special
session
for
redistricting
and,
as
a
result,
the
tasks
fell
to
the
courts,
and
so
the
first
district
judicial
district
court
judge
james
russell
appointed
three
special
masters
to
accomplish
redistricting
and
their
report
and
completed
plans
were
submitted
in
mid-october
of
2021,
and
the
court
asked
for
some
minor
modifications
to
those
plans
and
approved
the
special
masters
report
and
the
redistricting
maps
on
october
27th
2011.
G
So
exactly
almost
exactly
10
years
ago
today,
yesterday
excuse
me
so
that's
kind
of
what
happened
in
2011
in
terms
of
the
maps
and
of
course
there
were
some
challenges
in
2011
that
that,
from
what
we
can
tell
might
be
some
similar
challenges
for
you
all
in
2021
tremendous
overall
population
growth
and,
conversely,
we've
had
some
counties
with
some
decrease
in
population
and
that
could
pose
some
challenges
as
well.
We've
talked
a
lot
about
communities
of
interest
in
this
committee.
G
There's
increased
influence
of
communities
of
interest
to
include
various
ethnic
groups,
urban
rural
neighborhoods,
political
subdivisions.
All
of
that
all
of
those
would
fall
under
communities
of
interest.
The
impact
of
term
limits
is
is
pretty
critical,
we're
finding
less
and
less
that
legislators
are
still
serving
from
one
redistricting
cycle
to
the
next.
G
So,
really
quickly
about
your
existing
districts
as
they
are
today,
each
member
of
the
assembly
represents
approximately
sixty
four
thousand
two
hundred
ninety
nine
nevada
residents.
The
ideal
population
you're
shooting
for
for
the
2021
cycle
is
seventy.
Three
thousand
nine
hundred
nineteen
senate
districts
in
2011,
their
ideal
population
was
128
598..
G
G
There
is
no
more
use
of
that
multi-member
district
model
in
2011,
and
so
all
the
senate
districts
were
just
renumbered
from
1
to
21.
So
that's
what
we
have
now
and
in
the
senate
you
have
15
districts
entirely
within
clark,
county
four
districts
in
washoe
and
county
and
sort
of
the
rural
and
carson
city
area.
One
of
those
includes
actually
five
counties
in
western
nevada
and
then
two
rural
districts.
G
G
Turning
to
congressional
congressional
seats,
the
house
of
representatives,
a
fourth
congressional
seat,
was
added
in
2011.
that
sort
of
created
four
distinct.
I
guess
geographical
areas
for
your
congressional
districts-
northern
nevada,
just
which
is
district
number
two
central
nevada.
Northern
clark
county
is
district
number.
Four
that
las
vegas
urban
core
district
is
number
one
and
southern
clark
county
is
congressional
district.
G
Three,
you
can
see
the
ideal
population
at
that
time
was
roughly
675
138.
G
G
D
G
Increased
that,
and
at
that
time
each
member
of
the
board
of
regents
was
representing
207
735
for
2021
with
population
growth.
The
ideal
population
of
the
region's
district
districts
is
238
816.,
then.
Finally,
the
state
board
of
education
is
elect
kind
of
a
hybrid
board
and
they're.
Those
members
are
elected
and
the
four
members
are
elected
in
and
their
districts
are
coterminous
with
their
congressional
districts,
and
so
that
is
my
sort
of
brief
summary
of
what
you
all
are
supposed
to
do.
I
think
I
kept
it
shorter
than
last
night
right.
G
Did
I
do
okay,
okay,
good
all
right!
I
know
you've
been
through
that
before,
but
so
and
haley's
going
to
plug
this
too,
but
also
for
the
members
of
the
public,
our
redistricting
web
page
on
the
legislature's
homepage,
and
you
can
click
on
that.
That's
right
below
the
photo
on
the
legislature's
home
page.
It's
just
chuck
full
of
great
information
about
this
history
and
maps
and
that
sort
of
thing
so
miss
pearl
is
going
to
kind
of
go
through
some
of
that
later.
A
B
B
The
first
one
is:
is
there
a
cap
on
how
many
boards
we
can
increase
that
to
or
and
how
is
that
is
it
in
the
constitution
or
how
our
representation
is
or
how
many
they
can
have.
G
That's
a
good
question.
I
don't
believe
there
is
a
cap.
I
might
turn
it
over
to
our
trusty
attorney
mr
killian,
to
answer
that.
I
know
that
it
was
a
significant
point
of
discussion
back
in
2011
should
they
increase
should
they
decrease,
I
think
in
2001
I
feel
like
they
were
a
larger
board
and
they
actually
went
smaller.
Maybe
that
was
the
state
board
of
education,
so
they've
kind
of
I
think
they've
fluctuated
over
the
years,
but
I
will
have
mr
killian.
C
Thank
you.
Thank
you,
madame
trasher
killian
committee
council.
So
the
constitution
requires
the
board
of
regents
of
the
university
of
nevada
to
exist,
but
the
actual
number
of
members
is
not
set
by
the
constitution.
That's
entirely
a
legislative
creation,
so
the
legislature
could
increase
or
decrease
that
number
to
any
number
it
desired.
A
Okay,
thank
you
all
right,
not
seeing
any
more
questions.
Thank
you
for
that,
mr
steward,
and
I
will
go
ahead
and
close
that
agenda
item.
I
will
open
agenda
item
4,
which
is
a
review
of
reapportionment
and
redistricting
activities
in
other
states.
As
you
know,
senate
concurrent
resolution
number
13
directs
this
committee
to
conduct
a
review
of
what
other
states
are
doing
in
with
regard
to
reapportionment
and
redistricting
ms
haley
poll,
our
senior
policy
analyst
and
gis
specialist
is
here
to
briefly
summarize
redistricting
activities
in
other
states,
ms
parole,
when
you're
ready.
Please
proceed.
D
Thank
you,
madam
chair
good
morning,
members
of
the
committee
and
everyone
in
attendance.
My
name
is
haley
proll.
I
am
the
senior
policy
analyst
and
gis
specialist,
with
the
research
division
of
lte
and
this
morning
I'm
going
to
give
a
brief
overview
of
reapportionment
and
redistricting
activities
in
other
states
and
briefly
touch
on
how
nevada
compares.
D
As
you
know,
in
nevada,
the
legislature
is
responsible
for
redistricting,
congressional
and
state
legislative
districts,
but
that's
not
the
case.
In
all
states.
Some
states
have
independent
commissions
as
their
redistricting
authority.
Some
states
delegate
the
responsibility
to
the
legislature,
but
have
an
advisory
commission
or
a
backup,
commission
and
two
states.
New
hampshire
and
massachusetts
leave
this
responsibility
to
the
general
court.
D
An
advisory
commission
can
make
recommendations,
including
submitting
initial
plans
to
the
legislature.
Maine
new
york,
utah
and
vermont
all
have
advisory
commissions
for
redistricting.
Although
vermont's
advisory
commission
is
for
legislative
redistricting
only
and
not
congressional
redistricting,
a
backup
commission
only
becomes
active
if
the
legislature
is
either
unable
to
agree
on
a
redistricting
plan
or
misses
the
deadline
to
do
so.
A
handful
of
states
have
a
backup
commission,
either
for
both
congressional
and
legislative
redistricting
or
just
for
legislative
redistricting.
D
Additionally,
virginia's
redistricting
commission
is
comprised
of
a
mix
of
legislators
and
citizen
members
and
usually
commissions,
do
not
contain
legislators
as
any
of
their
members
and
five
states.
Alaska,
arkansas,
missouri,
ohio
and
pennsylvania
have
a
commission
for
redistricting
legislative
districts,
but
leave
the
responsibility
of
congressional
redistricting
to
the
legislature.
D
The
other
10
states
who
reallocate
inmates
for
redistricting
include
california,
colorado,
connecticut,
delaware,
maryland
new
jersey,
new
york,
pennsylvania,
virginia
and
washington,
and
nine
of
these
states,
including
nevada,
will
be
doing
this
for
the
first
time.
This
redistricting
cycle,
as
only
maryland
and
new
york
reallocated
inmates
during
the
2011
redistricting
cycle
and
illinois,
has
already
passed
legislation
requiring
the
state
to
reallocate
inmates
for
redistricting.
But
this
does
not
take
effect
until
the
2031
redistricting
cycle.
D
There
is
a
trend
of
increasing
adoption
of
web-based
redistricting
tools
for
public
input.
Utah
was
one
of
the
first
states
to
adopt
a
web-based
portal
for
public
input
in
2011
and
back
in
2011.
They
actually
adopted
a
citizen-drawn
plan
for
their
state's
school
board
boundaries
and
california
actually
requires
in-law
for
a
publicly
available
map,
drawing
software
to
be
available
to
interested
citizens
and,
as
you
know,
nevada
has
its
own
web-based
public
input.
Redistricting
application,
this
cycle,
known
as
my
district
in
nevada.
D
D
D
A
A
As
you
know,
this
committee
and
the
legislature
as
a
whole
recognize
the
importance
of
reapportionment
and
redistricting
to
nevada's
tribal
communities.
Indeed,
at
the
committee's
previous
meeting,
the
committee
received
numerous
requests
to
take
input
from
tribal
communities
in
nevada
regarding
the
legislature's
upcoming
redistricting
efforts.
We
ourselves,
as
a
committee,
had
also
mentioned
that
the
importance
at
the
at
our
first
meeting,
therefore
we
left
this
agenda,
don't
owe
this
agenda
item
open
to
anyone
representing
the
vadish
tribes.
A
A
And
again,
for
those
that
are
calling
in
this
is
not
public
comment.
This
is
for
people
that
are
citizens
and
leaders
of
our
nevada
tribes
to
participate
and
engage
in
the
discussion.
So
I
just
want
to
remind
everyone.
It
will
be
specific
to
those
individuals.
This
is
not
public
comment
and
with
that
we
have
someone
here
in
that
approach
the
table
to
speak.
So
with
that,
please
begin.
E
E
We
have
a
long
history
there
in
that
area
as
the
as
shoshone
people,
even
through
the
treaties
prior
to
that
in
1800s,
and
this
redistricting
would
impact
us
historically,
because
those
are
our
areas
that
we
have
been
familiar
with.
Even
as
you
say,
nevada
became
a
state
in
what
18
18,
whatever
it
was
65
or
so,
but
there
was
still
indian
wars
even
after
that,
so
we
still
want
to
hold
on
to
what
we
have.
E
A
G
Thank
you,
madam
chair,
and
thank
you
very
much
for
your
testimony
today.
So
yes,
so
the
legislature's
involvement
in
redistricting
is
to
draw
those
lines
for
your
state
senate
and
state
assembly
members
and
your
congressional
so
they're
not
they
would
not
be
exercising
anything
about
con
about
county
lines
at
all
so
or
going
into
anything
about
existing.
You
know
tribal
boundaries
that
were
set
by
congress,
so
this
is
really
kind
of
about
seeing
who,
in
the
legislature
and
in
the
house
of
representatives,
are
going
to
be
representing
those
communities.
A
Thank
you
because
I
still
think
it's
imperative
that
we
still
hear
those
needs
and
desires
and
requests,
even
if
it's
a
different
jurisdic
justice
jurisdiction.
Specifically
at
this
point,
so
thank
you
so
much
sir.
Do
you
have
comment.
A
E
I
I
Yet
we
have
zero
representation
in
our
in
our
elected
offices.
I
can
share
with
you
all
the
the
statistics
that
show
just
how
much
our
communities
have
grown,
both
in
the
country
and
in
nevada,
but
I'm
sure
you
are
keenly
aware
of
native
population
growth
as
well
as
other
communities
of
color
population
growth.
I
When
tribal
leaders
ask
to
hold
redistricting
meetings
and
consultations
on
reservations,
our
voices
are
ignored
because
no
maps
have
been
developed.
I
look
forward
to
seeing
how
the
nevada
legislature
develops
maps
in
the
coming
weeks.
Currently
the
what
the
wrpt
walker
river
tribe
is
split
into
two
assembly
and
two
senate
districts.
I
I
I
am
submitting
testimony
today
to
support
greater
outreach
to
tribal
communities
for
input
on
redistricting
to
ensure
we
receive
an
equitable,
equitable
opportunity
for
fair
maps
and
representation.
Thank
you.
A
Thank
you
so
much,
sir,
and
I
would
also
just
like
to
mention
that
we
are
in
a
an
agenda
item,
a
discussion
item,
so
speakers
you
are
not
limited
to
three
minutes
just
so
that
you're
aware.
I
know
it's
such
a
habit
of
our
committee,
but
you
are
not
limited
at
this
time
to
three
minutes
broadcasting.
E
E
E
While
this
may
not
seem
like
much,
it
is
remarkable.
Currently
the
silver
state
ranked
16th
with
respect
to
the
share
of
the
indigenous
population
a
decade.
A
decade
ago
we
ranked
26th
the
las
vegas
indian
center
believes.
It
is
important
that
the
redistricting
process
recognizes
both
urban
natives
and
nevada's
tribal
nations
and
communities.
E
Nevada
has
20
federally
recognized
tribes
who
have
a
government-to-government
relationship
with
the
united
states.
These
tribes
comprise
27,
tribal
lands,
bans
colonies
and
community
councils
and
historically
our
community
has
not
been
represented
and
decisions
which
negatively
impact
our
people.
Our
life
ways
are
made
without
meaningful
consultation
with
tribal
leaders,
chairwoman
miller
and
committee
members.
The
las
vegas
indian
center
strongly
encourages
you
to
hold
a
meeting
specific
for
tribal
nations
and
honor
our
political
relationship.
E
We
have
created
over
30
community
of
interest
maps.
We
will
be
analyzing
how
the
proposed
district
boundaries
impact
our
community,
both
on
and
off
the
reservation
lands.
We
hope
that
you
will
consider
more
engagement
with
nevada,
tribal
nations
and
communities
to
ensure
we
have
better
opportunity
for
representation.
E
A
A
So
right
now,
I'm
going
to
ask
our
policy
analyst,
mr
stewart,
to
read
a
testimony
that
was
sent
in
from
a
mr
ryan
boone.
He
is
the
former
president
of
the
unlv
native
american
student
association
and
a
citizen
of
the
walker
river
river
paiute
tribe,
so,
mr
stewart,
and
with
that
this
will
also
during
this
time,
if
anyone
else
is
interested
in
calling
in,
we
will
keep
those
phone
lines
open
and
we'll
return
after.
Mr
short
reads
that
letter,
please.
G
Thank
you,
madam
chair.
Yes,
committee
members,
we
received
on
our
reapportionment
and
redistricting
web
email
address
a
public
comment
today
and
wanted
to
read
that
into
the
record,
and
then
it
will
become
an
exhibit
for
this
committee.
This
is
a
letter,
as
the
chair
mentioned
from
ryan
boone.
This
he
is
a
citizen
of
the
walker
river
payette
tribe
and
former
president
of
the
unlv
native
american
student
association
and
mr
boone
writes
dear
chairman,
miller
and
committee
members.
G
I
am
proud
to
share
that.
My
tribal
nation
waka
river
paiute
tribe,
which
is
currently
split
between
two
assembly
and
two
senate
districts,
is
one
of
the
has
one
of
the
highest
concentrations
of
native
americans
in
this
state.
We
also
represent
the
second
highest
population
in
mineral
county
and
the
highest
voter
turnout
among
tribal
communities
in
2020..
G
Earlier
this
month,
the
nevada
legislature
was
celebrated
as
one
of
the
most
diverse
bodies
in
the
nation,
but
when
we
take
a
closer
look
at
the
racial
makeup
of
this
body,
there
is
not
a
single
native
american
elected
official.
This
is
quite
disappointing
to
know,
especially
since
the
same
body
passed
the
native
american
tuition
waiver.
Earlier
this
year
in
the
silver
state
there
are
27
federally
recognized
tribes,
that's
27,
different
cultures,
languages
and
traditions,
chairwoman,
miller
and
committee
members.
G
It's
critical
that
this
body
meets
with
tribal
communities
where
they're
at
that
means
hosting
a
public
input
meeting
on
tribal
lands,
perhaps
even
in
my
tribal
nation,
to
understand
our
unique
priorities
and
needs
better,
it's
easy
to
read
and
assume
our
priorities
and
needs,
but
you
will
never
truly
understand
what
they
are
until
this
body
holds
a
public
input
meeting
on
tribal
lands.
In
this
meeting
you
might
hear
many
natives
discuss
the
importance
of
ancestral
land,
because
some
folks
may
still
utilize
them
for
hunting
herbal
medicine
or
rely
on
natural
resources.
A
E
E
E
F
Good
morning
again,
pj
wamawa
chairwoman
for
the
walker
river
paiute
tribe,
once
again,
I'm
glad
to
see
that
this
is
on
the
agenda
for
tribal
nations
to
be
able
to
call
in
in
support
of
consultation,
and
I've
heard
this
from
all
the
speakers
that
spoke
today
about
consultation,
meaningful
consultation
and
the
request
is
on
the
table
for
a
in-person
consultation
with
the
waka
river
paiute
tribe
and
our
community
to
get
our
feedback
and
our
input,
and
I'm
asking
you
to
honor
that
request.
I
would
like
an
answer
before
I
leave
the
meeting
today.
C
A
E
You
chair
we've
heard
from
the
walker
river
and
I
just
need
a
clarification.
I
don't
know
if
someone
can
call.
D
Back
in
and
let
us
know,
are
they
asking
to
stay
in
one
legislative
district
or
do
do
they
not
want
to
be
split,
or
do
they
want
to
stay
as
one.
E
E
I
For
the
record,
my
name
is
lance
west
and
I
am
a
I
reside
on
the
walkway
reservation
as
sherwood's
elementary
school
principal
and
to
answer
the
question.
In
my
opinion,
I
believe
we
would
like
to
have
one
represent.
We
would
like
to
be
able
to
not
split
our
representation
amongst
the
difference
amongst
different
districts.
We
just
want
to
be
part
of
one
that
why
our
voice
is
further
empowered
and
strengthened,
rather
than
split
up
amongst
different
voices,
who
also
have
other
constituents
to
that
they
have
to
work
with
as
well.
J
Thank
you,
madam
chair,
and
you
know
I've
been
here
quite
a
while
and
I
have
represented.
I
was
just
looking
approximately
at
least
eight
tribes
in
my
either
assembly
or
senec
district
and
not
not
counting
the
colonies.
You
know
when
I
was
in
the
assembly.
I
did
have
success,
nixon
pyramid,
of
course,
the
colony
here
in
fallon.
J
I
I
never
did
represent
yamba,
I'm
sorry,
but
you
know
then
the
goshu
tribe,
at
ivopaw,
duckwater,
the
tomok
tribes
and
ruby
and
south
fork
and,
of
course
moapa
as
well,
but
you
know
I
think,
in
looking
at
the
request
from
walker.
That
probably
makes
sense
again
we
look
at
lyon
county
and
historically,
it's
been
carved
a
little
bit.
There
are
some
different
communities
there.
J
J
You
know
the
southern
end
of
lyon,
which
is
where
that
division
would
occur
into
mineral
county.
It's
probably
something
to
be
what
could
be
accomplished
and
then,
when
we
get
out
into
true
worlds
or
they're
usually
incorporate
I
I
really
am
concerned
about.
You
know
carving
counties
and
cities
up
as
well,
but
I
think
in
this
case
it's
probably
something
pertaining
to
the
walker.
That
truly
could
we
take
the
yamba
tribe
clearly
in
in
nye
county.
You
know.
Most
of
these
are
the
goshu
duckwater
duck
valley.
J
They
are
held
within
a
county,
typically
so
they're,
not
transected
by
a
county
or
a
city
and
so
yeah.
I
think
the
request
from
walker
probably
could
be
accomplished.
If
we
look
at
that
and
yeah,
I
understand
not
wanting
to
have
two
assemblymen
and
again
I'll
go
back
to
when
mr
grady
and
I
we're
right
here.
This
community
of
fallon
had
three
assembly
people.
J
You
know
right
in
this
community
at
that
point
in
2002,
probably
10
000
people
in
fallon,
so
the
actual
city
of
fallon,
but
it
was
carved
in
three
pieces.
So
it's
something
yeah
we
need
to
look
at
and
I
do
appreciate
the
opportunity-
and
I
really
appreciate
I
know
how
far
it
is
diama.
Thank
you
for
being
here.
A
Thank
you
senator
and
again,
we
appreciate
you
being
here
today
and,
and
you
know,
sharing
your
comments
and
your
thoughts
with
us
in
your
position
and
thank
you
to
everyone
who
called
in
today
or
submitted
letters
from
our
tribal
communities
as
well.
With
that
I
will
go
ahead,
not
seeing
any
additional
questions
or
comments.
I
would
go
ahead
and
close
the
agenda
item
and
open
the
next
agenda
item,
which
is
item
number
six,
an
overview
of
select
legal
considerations
for
reapportionment
and
redistricting.
A
C
Thank
you,
madam
chair.
Good
morning,
madam
chair
members
of
the
committee,
my
name
is
asher
killian,
I'm
chief
deputy
legislative
counsel
and
the
nevada
legislative
council
bureau.
Joining
me
in
this
presentation
is
samuel
qua
senior
deputy
legislative
council
with
lcb
and
together
we
serve
as
committee
council
for
this
study
committee.
C
So,
let's
start
from
the
beginning,
what
is
redistricting
you'll
often
hear
redistricting
and
reapportionment
reapportionment
used
interchangeably,
but
the
terms
have
distinct
meanings.
I'm
going
to
brush
over
this
real
quick
since
mr
stewart
covered
this
just
a
few
minutes
ago
and
we've
covered
it
several
times
in
the
past.
Several
meetings
of
this
committee,
but
reapportionment
is
the
division
of
an
existing
number
of
seats
between
existing
political
subdivisions.
C
No
lines
are
drawn
in
the
apportionment
process.
It's
merely
a
distribution
of
seats
to
existing
subdivisions.
Districting,
by
contrast,
is
the
creation
or
revision
of
district
boundaries
for
election
districts.
The
legislature
does
this
at
least
once
each
once
each
decade,
when
it
redraws
the
lines
for
each
legislative
seat.
In
addition
to
congressional
seats
and
seats
for
certain
other
public
bodies,
likewise
the
legislature
delegates
to
local
governments
such
as
cities,
counties
and
school
districts,
the
power
to
draw
their
own
district
lines.
So
these
local
governments
engage
in
redistricting.
C
At
the
same
time,
the
legislature
retains
the
power
with
some
restrictions,
to
revise
the
number
of
legislators
or
to
change
the
number
of
seats
on
the
governing
bodies
of
local
governments.
So
the
legislature
could
choose
to
reapportion
seats
at
the
same
time
as
redistricting,
but
most
frequently
the
legislature
simply
chooses
to
redistrict.
C
So
now
that
we
know
what
redistricting
is,
the
question
is:
why
does
it
happen
at
all
much
less
on
a
defined
schedule?
First,
there
are
several
provisions,
both
in
the
federal
constitution
and
in
nevada's
constitution
that
require
it.
Article
1,
section
2
of
the
u.s
constitution,
requires
representatives
in
the
house
to
be
apportioned
among
the
states
based
on
their
respective
numbers.
C
These
provisions
seem
pretty
clear
right.
Well
what
they
have
in
clarity:
they've
lacked
in
enforceability
for
the
bulk
of
u.s
history,
since
the
duty
to
redistrict
was
assigned
to
the
legislatures,
the
courts
uniformly
treated
redistricting
as
a
political
question
and
refused
to
intervene
even
against
grossly
malapportioned
maps.
C
This
all
changed
in
1962
with
the
case
of
baker.
V
carr,
the
facts
of
baker,
weren't
terribly
different
from
coal
group
tennessee
had
declined
to
redistrict
since
1901,
resulting
in
some
districts
holding
ten
times
as
many
people
as
other
districts,
and
this
male
apportionment
was
challenged
but
upheld
in
lower
courts.
C
C
Those
following
cases
include
westbury
v
sanders
which
originated
in
georgia
and
applied
the
baker
principle
to
congressional
elections,
reynolds
v
sims,
which
also
arose
out
of
georgia,
and
applied
the
baker
principle
to
state
legislative
elections
and
avery
v
midland
county
which
arose
in
texas
and
applied
baker.
To
local
government
districts.
C
So
now
that
we
know
that
mandates
to
redistrict
are
in
fact
mandates.
How
does
redistricting
actually
happen
here
in
nevada?
As
mentioned
earlier,
article
4
section
5
of
the
nevada
constitution,
requires
redistricting
to
happen
at
the
first
legislative
session
after
a
census
and
the
2021
census.
Delays
caused
census
results
to
be
reported
after
the
legislature
was
constitutionally
required
to
adjourn
for
the
first
time
ever.
C
Thus,
the
legislature
will
be
required
at
an
upcoming
special
session,
to
discharge
its
duty
to
redistrict.
There
are
many
entities
created
by
the
legislature
which
have
elected
membership
such
as
cities,
counties
and
school
boards.
While
the
legislature
could
choose
to
draw
these
lines
itself,
it
has
instead
delegated
responsibility
for
local
government
redistricting
to
each
local
government
itself.
C
However,
in
a
bid
to
kill
two
birds
with
one
stone,
the
legislature
in
2011
defined
the
four
congressional
districts
as
the
four
electoral
districts
for
the
nevada
state
board
of
education.
So
the
same
set
of
lines
is
now
used
for
both
purposes
when
the
legislature
redistricts,
just
as
with
all
other
actions
it
takes.
C
This
single
section
drew
proposed
lines
for
assembly
district
number
16
in
clark
county
there's,
no
constitutional
requirement
that
redistricting
bills
be
in
this
format.
It's
simply
how
the
legislature
has
historically
drafted
such
bills.
On
the
right,
you
see
the
entirety
of
minnesota's
redistricting
bill
for
both
houses
of
its
legislature
in
2011..
C
Minnesota
chose
by
contrast
to
simply
publish
the
shape
file
that
contains
all
legislative
districts
and
adopt
that
shape
file
by
reference
by
law.
A
shape
file
is
effectively
a
geographic
information
system
data
file
that
assigns
characteristics
to
geography,
so
this
single
data
file
does
all
the
work
that
nevada
has
traditionally
done
by
typing
out
exhaustively
all
census.
Geography
in
a
bill,
while
nevada
is
unlikely
to
go
quite
as
far
as
minnesota.
C
In
this
cycle,
advances
in
computing
have
made
it
possible
to
use
an
approach
in
bill,
drafting
that's
significantly
more
user-friendly,
so
there's
a
good
chance.
The
legislature
may
abandon
the
historical
approach
you
see
on
the
left
and
draft
the
redistricting
bills
in
a
more
understandable
fashion
during
the
special
session,
perhaps
actually
containing
the
maps
of
the
districts
themselves,
paired
with
an
official
publication
of
the
shape
files
that
generated
the
map.
C
Continuing
with
the
nuts
and
bolts
of
redistricting
in
nevada
before
actually
drawing
district
lines,
the
legislature
must
decide
how
many
seats
will
exist.
There
are
some
constraints
on
how
the
legislature
makes
this
apportionment
decision
in
article
15,
section
6.
The
nevada
constitution
sets
an
upper
limit
of
75
total
legislators
and
article
4
section
5
caps,
the
number
of
senators
that
not
less
than
one-third,
but
not
more
than
half
of
the
number
of
assembly
members.
C
The
number
of
congressional
seats
is
established
by
congress
and
nevada
continues
to
have
four
such
seats
as
senator
donate
inquired
about
earlier.
The
number
of
regents
and
the
board
of
education
members
is
entirely
within
the
discretion
of
the
legislature,
so
it
could
choose
to
revise
the
number
of
members
of
these
bodies
if
it
wished.
C
C
In
some
states
there
are
constitutional
provisions
that
can
strain
the
legislature's
authority,
for
example,
by
imposing
certain
rules
like
requiring
districts
to
be
compact
or
prohibiting
the
splitting
of
counties.
Similarly,
some
states
take
the
legislature
out
of
the
equation
entirely
and
assigns
a
duty
to
redistrict,
to
a
commission
or
to
some
other
independent
body
here
in
nevada.
Neither
of
these
circumstances
apply.
The
legislature
has
plenary
authority
to
draw
district
lines,
and
the
only
limitation
imposed
upon
the
legislature
by
the
nevada
constitution
is
the
requirement
to
use
the
census
as
the
basis
of
representation.
C
H
H
First,
pursuant
to
the
equal
protection
clause,
the
populations
of
districts
must
be
reasonably
equal
for
the
purposes
of
this
requirement.
There's
a
legal
fiction
created
on
census
day
that
the
count
on
that
day
is
deemed
to
exist
until
the
next
census
is
conducted,
which
is
why
maps
can
stand
for
10
years,
despite
the
reality
that
people
are
moving
dying
and
being
born
every
day,
so
the
population
is
never
static.
H
H
Federal
law
also
requires
the
equitable
treatment
of
minority
groups.
This
can
be
enforced
under
either
the
14th
or
15th
amendment,
but
for
reasons
we'll
get
into
shortly.
The
most
common
method
for
enforcement
of
this
requirement
is
the
voting
rights
act
of
1965,
which
prohibits
discrimination
against
minority
racial
and
language
groups.
The
vra
also
requires
pre-clearance
for
electoral
changes
in
certain
jurisdictions.
However,
nevada
has
never
been
a
listed
jurisdiction
and
the
pre-clearance
portion
of
the
vra
is
not
currently
enforceable
due
to
recent
supreme
court
rulings.
So
we're
not
going
to
get
into
that
today.
H
This
will
tell
you
how
many
people
should
ideally
be
in
each
district
for
the
districts
to
be
equal,
the
second
population.
The
second
concept
is
population
deviation,
and
this
is
the
actual
number
of
people
drawn
in
the
district
subtracted
from
the
ideal
population,
and
this
will
tell
you
how
far
off
any
particular
district
is
from
the
ideal
population.
H
The
final
concept
is
overall
range
of
deviation,
and
this
is
the
absolute
value
of
the
deviation
in
the
smallest
district
added
to
the
absolute
value
of
the
deviation
in
the
largest
district
and
as
an
example.
If
the
ideal
population
is
100,
000
people
and
the
largest
district
is
102
000.
So
it's
off
by
plus
two
percent
and
the
smallest
district
is
99
000.
So
it's
off
by
negative
one
percent.
The
overall
range
would
be
three
percent,
there's
a
distinction
between
congressional
districts
and
other
districts.
H
The
rule
of
thumb
for
state
districts
is
that
an
overall
range
of
10
percent
or
less
is
presumed
to
be
a
minor
deviation.
H
There
are
no
denimous
exceptions
to
the
equal
population
requirement
and
even
minute,
deviations
from
the
ideal
may
be
legally
significant
if
the
challenging
party
can
show
that
a
plan
with
a
smaller
range
of
deviation
could
have
been
drawn.
The
burden
is
on
the
state
to
prove,
with
some
specificity,
that
the
particular
deviation
was
tied
to
a
particular
legitimate
purpose.
H
The
u.s
supreme
court
has
indicated
that
any
number
of
legislative
policies
may
justify
deviation
but
has
specifically
recognized
the
following
as
legitimate
purposes
and
that's
avoiding
avoiding
contests
between
incumbents
making
districts
compact,
preserving
the
core
of
prior
districts
and
respecting
municipal
boundaries.
H
The
bottom
line
for
the
legislature,
as
it
draws
is
congressional
districts,
is
that
if
a
plan
does
not
have
exact
mathematical,
mathematical
equality,
it's
vulnerable
to
challenge
and
it's
safe
to
assume
that
a
plan
with
a
smaller
overall
range
of
p
population
deviation
could
have
been
drawn
so
to
demonstrate
how
exacting
this
requirement
is?
Here's
a
slide
showing
the
deviation
ranges
for
the
congressional
districts
in
all
50
states,
drawn
after
the
2010
census.
H
As
you
can
see,
with
the
exception
of
these
14
states,
all
states,
including
nevada,
drew
congressional
plans
with
an
overall
range
of
deviation
overall
range
of
zero
or
one
person.
The
states
that
do
deviate
largely
do
so
by
very
small
numbers
and
can
be
explained
by
a
number
of
reasons,
including
quirks
of
local
geography.
H
H
Minor
deviations
in
the
overall
range
of
population
do
not
create
a
prima
facie
case
of
discrimination
in
a
string
of
cases
challenging
a
variety
of
state
plans
throughout
the
early
1970s.
The
court
developed
a
standard
of
what
constitutes
a
minor
deviation
in
range
of
population
to
mean
that
the
overall
range
from
the
smallest
district
to
the
largest
district
is
no
more
than
10
percent.
H
That
said,
in
the
case
of
larios
v
cox
plans
with
an
overall
range
of
less
than
10
percent
were
struck
down,
because
no
legitimate
purpose
was
articulated
for
the
deviation.
The
drafters
assumed
that
the
10
percent
was
a
safe,
harbor
and
drew
maps
to
protect
rural
areas
and
make
the
seats
of
incumbents
safer.
H
If
the
population
deviation
of
state
legislative
districts
is
greater
than
10
and
the
plan
is
challenged,
the
burden
shifts
to
the
state
to
justify
the
deviation.
Thus,
the
10
rule
is
a
burden
shifting
standard
to
overcome
a
prima
facie
case.
The
state
must
articulate
a
rational
state
policy
to
justify
the
deviation,
explain
how
the
redistricting
plan
advanced
this
policy
and
show
that
the
deviations
did
not
exceed
constitutional
limits.
H
H
Lower
courts
have
also
recognized
traditional
districting
principles
as
such,
a
rational
state
policy
with
respect
to
whether
a
deviation
exceeds
constitutional
limits.
The
supreme
court
has
concluded
that,
if
the
deviation
becomes
too
large,
it
will
violate
the
even
protect
it
will
violate
the
equal
protection
clause.
Even
if
it
does
advance
a
rational
state
policy.
H
H
The
14th
amendment
to
the
u.s
constitution
guarantees
all
persons
equal
protection
and
due
process
under
the
law.
The
15th
amendment
prohibits
the
abridgement
or
denial
of
the
right
to
vote
on
the
basis
of
race
or
color.
To
make
a
successful
challenge
under
these
constitutional
provisions,
a
plaintiff
must
prove
both
a
discriminatory
purpose
and
discriminatory
results.
H
This
means
that
members
of
the
minority
group
usually
vote
for
the
same
candidates
and
three
in
that,
in
the
absence
of
special
circumstances,
block
voting
by
the
white
majority
usually
defeats
the
minorities
preferred
candidate.
This
means
that
more
than
half
the
time
white
voters
vote
together
to
defeat
the
minority
preferred
candidate.
H
So,
generally,
section
two
cases
involve
claims
based
upon
two
different
types
of
line,
drawing
which
operate
to
dilute
the
voting
strength
of
a
minority
group,
the
packing
of
minorities
into
a
single
district
or
the
breaking
up
of
minorities
into
several
districts
commonly
referred
to
as
cracking
packing
occurs
when
district
boundary
district
boundaries
are
drawn,
such
that
the
members
of
minority
group
are
concentrated
into
as
few
districts
as
possible,
so
that
the
ma
so
that
the
members
of
the
group
constitute
an
overwhelming
majority
in
the
pac
districts.
H
Although
the
group
can
elect
representatives
from
the
pac
districts,
the
effect
is
to
minimize
the
number
of
seats
that
the
minority
can
win.
Overall,
as
votes
in
excess
of
the
simple
majority
are
effectively
wasted,
cracking
occurs
when
district
boundary
lines
are
drawn
in
such
a
manner
as
to
break
up
a
minority
population.
H
H
H
If
the
state
cannot
make
such
a
showing,
then
the
use
of
race
in
drawing
the
district's
lines
will
be
considered.
An
unconstitutional
racial
gerrymander
courts
evaluate
racial
gerrymandering
claims
on
a
district-by-district
basis,
rather
than
on
a
redistricting
plan
as
a
whole
to
challenge
the
constitutionality
of
a
redistricting
plan
on
racial
grounds.
A
plaintiff
must
prove
that
other
legitimate
districting
principles
were
subordinated
to
race.
In
other
words,
race
was
the
predominant
factor,
motivating
the
legislators
redistricting
decisions,
while
there
is
no
specific
evidence
required
to
prove
a
racial
gerrymandering
claim.
H
The
type
of
evidence
typically
used
to
determine
whether
legitimate
districting
principles
were
subordinated
to
race
includes
the
shape
and
demographics
of
the
district.
For
example,
districts
with
bizarre
shapes
will
raise
red
flags
testimony
and
correspondence
directly
stating
the
legislative
motives
for
drawing
the
plan.
Courts
will
carefully
scrutinize
the
public
record
relating
to
the
adoption
of
the
districting
plan
and
the
nature
of
the
data
used
in
the
districting
process.
H
If
the
court
determines
that
traditional
districting
principles
were
subordinated
to
race
and
that
race
was
the
predominant
factor
used
in
drawing
a
district,
a
court
will
apply
strict
scrutiny.
It
will
analyze
whether
the
state
had
a
compelling
governmental
interest
in
drawing
that
district
and
whether
the
district
was
narrowly
tailored
to
achieve
that
interest.
H
H
So
next
we'll
discuss
these
traditional
districting
principles.
There
are
secondary
factors
beyond
equal
population
and
equitable
treatment
of
minority
groups.
That
states
often
consider
when
drawing
maps,
and
these
are
known
as
traditional
districting
principles.
These
principles
are
not
found
in
the
u.s
constitution,
but
can
be
found
in
many
state
constitutions
or
statutes.
H
However,
when
courts
are
required
to
draw
district
lines,
as
happened
here
in
nevada
in
2011,
the
courts
often
adhere
strongly
to
these
principles.
H
So
there
are
seven
policies
or
goals
that
have
been
recognized
by
courts
as
traditional
districting
principles
and
may
be
used
to
help
justify
decisions
made
by
a
state
when
drawing
its
plans.
The
first
and
probably
the
most
important
is
compactness,
so
the
purposes
asserted
for
compactness
are
the
facilitation
of
political
organization,
electoral
campaigning
and
the
representation
of
voters.
H
However,
courts
have
not
provided
any
precise
definition
of
the
term
and
they
use
various
methods
to
measure
compactness.
Social
scientists
have
developed
a
number
of
these
methods.
These
methods
using
statistical
calculations
and
many
of
these
are
built
into
redistricting
software,
but
probably
the
most
common
approach
courts
use
is
simply
the
eyeball
method.
The
supreme
court
has
made
clear
that
redistricting
is
one
area
of
the
law,
where
appearances
do
matter.
H
H
Third
is
the
respect
for
political
subdivisions.
This
is
done
by
creating
districts
that
do
not
needlessly
cross
county
or
municipal
boundaries
and
which
keep
counties,
cities
and
towns
intact
as
much
as
possible.
This
print,
this
principle
serves
to
protect
a
severe
disruption
of
the
traditional
forms
of
political
activity.
H
H
Fifth
is
the
preservation
of
the
cores
of
prior
districts.
This
generally
means
to
the
extent
possible
keeping
districts
as
previously
drawn
to
provide
for
the
continuity
of
representation.
Six
is
the
protection
of
incumbents.
The
u.s
supreme
court
has
recognized
the
goal
of
avoiding
contests
between
incumbents
as
legitimate
in
the
interest
of
promoting
the
continuity
of
representation.
H
So,
as
maybe
apparent,
these
principles
often
conflict
with
one
another
and
a
redistricting
plan
that
simultaneously
satisfies
all
of
these
principles
is
nearly
always
impossible,
since
the
nevada
constitution
does
not
require
adherence
to
any
particular
principles
or
prior
prioritize,
any
particular
principles
above
others.
That
decision
is
left
to
the
legislature's
discretion
so
now
I'll
turn
it
back
over
to
ashrae
killian
to
discuss
a
number
of
emerging
principles
in
the
area
of
redistricting
and
to
summarize
what
we've
gone
over
today.
H
C
C
C
This
leads
us
to
an
additional
topic
of
discussion,
on
which
the
court
has
handed
down
a
bombshell
ruling
recently,
which
is
partisan.
Gerrymandering,
partisan
gerrymandering
refers
to
the
practice
of
drawing
district
lines.
To
give
one
political
party
an
advantage,
the
term
gerrymander
was
coined
in
1812
when
the
massachusetts
legislature
redrew
the
boundaries
of
state
legislative
districts
to
favor,
then
governor
gary's
political
party,
the
resulting
district,
was
a
weird
snake-like
shape
that
resembled
a
salamander
which
was
paired
with
governor
gary's
name
to
be
derided
as
a
gerrymander.
C
Such
claims
alleged
violations
of
section
2
of
the
voting
rights
act
and
of
various
provisions
of
the
u.s
constitution,
including
the
first
amendment
in
the
equal
protection
clause
until
2019,
the
court
had
concluded
that
such
claims
were
justiciable,
but
was
never
able
to
articulate
a
standard
for
assessing
when
partisan
gerrymandering
had
gone
too
far,
so
as
to
become
a
constitutional
violation.
C
C
While
numerous
state
supreme
courts
have
addressed
partisan
gerrymandering
claims,
the
nevada
supreme
court
has
never
addressed
the
issue.
Additionally,
the
nevada
constitution
does
not
contain
the
types
of
provisions
that
typically
give
rise
to
such
claims,
such
as
provisions
mandating
the
use
of
certain
districting
principles
or
a
free
and
equal
elections
clause.
C
C
So
what
rules
apply
here
in
nevada
for
the
2021
redistricting
cycle?
All
right
there
you
go.
That
concludes
our
presentation.
Okay,
I
I
recognize
that
might
not
be
a
satisfactory
answer.
So,
let's
dig
in
just
a
little
bit
more.
The
only
constitutional
requirement
is
that
census
population
be
used.
This
requirement
is
slightly
modified
by
ab450
from
the
2019
session,
as
we
discussed
yesterday,
which
generally
requires
the
population
of
nevada
prisons
to
be
counted
as
their
pre-incarceration
address.
C
Additionally,
as
discussed,
the
nevada
legislature
must
comply
with
the
federal
one-person
one-vote
population
equality
requirement
and
the
voting
rights
act
requirements
outside
of
these
requirements.
The
legislature
is
free
to
choose
which
principles
to
follow
and
how
to
prioritize
those
principles.
C
C
The
legislature's
interim
study
on
redistricting
before
the
2021
session
made
certain
recommendations
regarding
these
rules,
including
the
following
that
the
legislature
should
prioritize
population
equality,
use
electoral
data
sets
in
carrying
out
redistricting
base
district
boundaries
on
census.
Geography
comply
with
the
voting
rights
act,
nest,
assembly,
districts
within
senate
districts,
prevent
contests
between
incumbents
and
account
for
local
government
boundaries.
C
This
committee
is
currently
in
the
process
of
considering
what
considering
what
recommendations
it
will
make.
It
can
choose
to
make
similar
recommendations
to
the
previous
study
or
it
can
choose
to
make
different
recommendations,
but
ultimately
the
decision
will
be
made
by
the
legislature
when
it
convenes
for
its
special
session
and
adopts
its
joint
standing
rules.
C
C
The
two
mandatory
principles
that
the
legislature
needs
to
follow
during
the
process
of
redistricting
are
the
requirements
for
equal
population
and
for
the
equitable
treatment
of
racial
and
language
minorities
for
equal
population.
The
standard
is
strict
mathematical
equality
for
congressional
districts
for
state
legislative
districts.
The
legislature
is
afforded
some
flexibility
with
a
caveat
that
a
deviation
of
10
percent
or
less
is
not
necessarily
a
safe
harbor
unless
the
legislature
relies
upon
traditional
districting
principles.
C
The
second
mandatory
principle
is
compliance
with
the
voting
rights
act
of
1965..
The
legislature
needs
to
be
aware
of
the
possible
need
to
create
minority
majority
districts
to
avoid
a
challenge
under
section
2
of
the
voting
rights
act.
This
requirement,
however,
must
be
carefully
balanced,
with
avoiding
a
challenge
based
on
a
racial
gerrymander.
C
While
a
federal
court
will
not
hear
a
challenge
to
a
districting
plan
based
on
partisan
gerrymandering,
it
remains
possible
for
such
a
claim
to
be
brought
in
state
court.
That
said,
nevada's
constitution,
nevada's
constitution,
does
not
contain
the
provisions
in
other
state
constitutions
that
typically
give
rise
to
such
claims.
So
partisan
gerrymandering
may
not
be
justiciable
either
in
federal
court
or
in
nevada
state
court.
C
One
other
matter
I
wanted
to
mention
as
a
result
of
public
comment
at
last
night's
meeting
is
the
concept
of
differential
privacy.
Briefly,
for
this
decennial
cycle,
the
census
chose
to
implement
a
new
method
for
protecting
personally
identifiable
information
by
injecting
noise
into
the
census,
count
at
the
census
block
level.
Practically.
What
this
means
is
that
the
numbers
reported
by
the
census
are
accurate
at
the
statewide
level,
but
they
are
intentionally
incorrect
at
the
census
block
level
effectively
for
each
census
block
in
the
states
there's
a
chance.
C
A
D
So
today
I'm
going
to
be
giving
a
presentation
on
the
technical
components
of
redistricting
something
you've
heard
before,
but
repeating
again
for
public
benefit.
Today,
so
getting
started.
Gis
stands
for
geographic
information
system
and
it
is
a
platform
for
displaying
and
analyzing
location-based
data.
It's
essentially
a
mapping
software
that
connects
geography
to
data,
and
it's
really
the
technology
behind
redistricting.
It's
how
district
boundaries
and
draft
plans
actually
get
drawn.
D
Redistricting
technology
has
come
a
long
way
today.
We
are
fortunate
enough
to
be
able
to
use
high-powered
redistricting
gis
software
for
creating
maps,
but
this
wasn't
always
the
case.
In
1980,
the
redistricting
process
was
predominantly
carried
out
through
paper
maps.
As
gis
was
mainframe.
Only
map
jars
had
to
wait
overnight
to
see
the
impact
of
drafted
plans,
so
there's
really
only
the
ability
to
create
a
handful
of
maps
per
legislative
session
or
redistricting
cycle
in
1990.
D
We
start
to
see
the
use
of
limited
pcs
and
pc
gis
systems
were
first
introduced
depending
on
the
processing
speed
of
these
pcs
map.
Jars
can
now
view
the
results
of
district
characteristics
in
a
more
timely
manner.
So
there
was
the
ability
to
create
hundreds
of
plans
now
during
a
redistricting
cycle
or
legislative
session
and
moving
on
to
2000
and
2010.
D
D
To
redistrict
using
gis,
you
need
two
main
inputs:
geography
and
population
data
in
terms
of
geography.
We
get
this
data
from
the
u.s
census
bureau
who
releases
gis
format,
geography,
boundary
files
known
as
tiger
files
on
a
yearly
basis,
the
census
bureau
lease
is
tiger
filed
for
a
whole
host
of
geography
levels,
as
shown
on
the
right,
but
we
are
specifically
interested
in
county
block
and
voting
district
or
precinct
boundaries
for
redistricting.
D
D
D
D
The
figure
on
the
right
of
this
slide
is
an
example
of
a
summary
file.
It's
at
the
census,
block
level
and
each
row
corresponds
to
one
census
block
in
nevada
and
each
row
contains
a
unique
geoid,
a
unique
identification
code,
and
this
corresponds
to
the
same
guid
in
the
census
block
tiger
file.
So
we
are
able
to
join
the
population
data
to
the
geography
in
a
manner
similar
to
how
one
would
join
tables
in
excel.
D
D
The
2019-2020
legislative
interim
committee
on
redistricting
selected,
four
races
from
the
past
three
election
cycles
to
be
included
in
the
redistricting
database,
and
this
includes
the
2016
presidential
race,
2018
attorney
general
and
secretary
of
state
races
and
the
2020
presidential
race.
And
the
committee
considered
several
criteria
to
select
these
races,
including
that
the
elections
were
statewide,
partisan,
competitive
and
that
they
occurred
in
recent
years.
D
D
D
Lcb
hired
four
gis
technicians
to
assist
the
legislature
in
a
technical
capacity
with
the
software
and
the
data
with
one
gis
technician
being
assigned
to
each
legislative
caucus
as
their
dedicated
technical
expert
and
hardware
purchased.
For
the
201
cycle
includes
workstations
for
the
gis
technicians,
as
well
as
printers
for
maps.
D
So
this
is
a
screenshot
of
the
desktop
redistricting
software
for
legislators.
It
includes
many
helpful
tools
to
create
plans
and
assess
whether
they
adhere
to
the
legal
requirements
for
redistricting
on.
The
bottom
is
an
active
matrix
that
updates
population
calculations
for
each
district
in
real
time
when
changes
to
the
districts
are
made,
there
are
also
various
types
of
reports
that
can
be
exported
for
any
plan.
D
The
web-based
redistricting
software
for
members
of
the
public,
known
as
my
district
in
nevada,
operates
very
similarly
to
the
desktop
software,
with
an
active
matrix
that
updates
in
real
time
when
changes
are
made
and
options
for
reports
and
a
validation
check.
It's
really
designed
to
be
simple
and
easy
to
use.
D
The
public
web-based
redistricting
application
and
the
desktop
software
for
legislators
do
integrate
so
legislators
can
import
public
plan
proposals
and
communities
of
interest
into
the
software
to
view
when
drafting
plans.
So
the
images
included
on
this
slide
are
screenshots
of
the
public
pages
that
house
the
public
redistricting
plan
proposals
and
submitted
communities
of
interest.
D
We
did
receive
a
few
additional
submissions
from
last
night.
So
as
of
this
morning,
we
have
28
public
proposals
for
congressional
districts,
three
proposals
for
state
senate
districts
and
two
proposals
for
the
state
assembly
districts,
and
there
remains
two
publicly
submitted
communities
of
interest.
D
It
has
a
lot
of
great
information,
including
a
status
on
redistricting
and
timeline,
background
information,
maps
and
statistical
tables,
as
well
as
that
information
on
how
the
public
can
get
involved,
including
the
link
to
the
my
district,
a
nevada
application
and
I'm
happy
to
answer
any
questions.
If
there
are
any.
Thank
you.
J
Thank
you.
Thank
you,
madam
chair
and
ms
paul.
You
know
a
couple
of
meetings
ago.
We
were
talking
about
the
plans
would
have
had
to
be
complete
or
they
would
be
rejected,
and
I'm
just
in
the
case
of
the
walker
river
tribe.
If,
in
fact
they
did
an
assembly
map
that
just
carved
ie,
the
reservation
lands
those
sovereign
lines
of
the
of
the
walker
river
tribe
out
and
put
them
into
the
say
one
assembly,
district
or
senate
district.
D
Thank
you,
senator
glicatia
haley
pearl
for
the
record,
so
there
are
two
components
to
the
my
districting
application
and
the
redistricting
plan
component
does
require
a
full
plan
for
the
entire
state.
But
the
communities
of
interest
component
does
allow
anyone
to
submit
smaller
defined
areas
or
a
plan
that
does
not
encompass
the
entire
state.
A
A
I
will
go
ahead
and
close
agenda
item
7
and
open
our
final
agenda
item,
which
is
number
eight
for
public
comment.
So
we
will
now
turn
to
our
second
public
comment
period
again
for
the
interest
of
time
we're
asking
everyone
that
they
limit
their
comments
to
three
minutes
per
speaker.
First,
we
will
start
here
in
fallon.
A
A
Followed
by
the
pound
sign
bps:
do
we
have
anyone
who's
calling
in
wishing
to
make
public
comment.
B
A
A
A
All
right,
thank
you
for
that.
So
with
that,
I
will
go
ahead
and
close
public
comment.
I'd
like
to
again
extend
our
gratitude
to
our
host
here
at
churchill
county.
Thank
you
for
your
hospitality
and
also
to
our
lcb
staff,
research,
broadcast
and
production
services.
I
t
and
legislative
police
for
supporting
the
work
of
this
committee
in
the
legislature
committee
members.
I
want
to
thank
you
for
your
dedication
and
commitment
and
time
to
this
process.
I
sincerely
appreciate
it
as
well
as
our
travels
throughout
the
state.