Friday, February 23, 2018

A TOUGH TASK FOR VOTERS

These are confusing times for Washington County voters.  In a matter of weeks, the March 13th special election in the 18th congressional district has morphed into the hottest election story in the Country and the Pennsylvania Supreme Court has issued a redistricting map recasting all Congressional Districts in the Commonwealth.  

The result is that both candidates seeking the voters favor in the 18th district, Conor Lamb and Rick Saccone will not reside in the newly constructed 18th district. By all appearances both will run for office in congressional districts other than the 18th in the 2018 primary later this year, no matter which candidate wins the special election.  The effect is that on March 13th, voters will likely elect a representative who will spend the rest of 2018 running for a different office with different constituents.

If that were not enough, this entire election cycle is under the cloud of Russian interference, fear of hacking at polling places and new reports of electronic voting machines that cannot be trusted to deliver accurate results.

So what is a voter to do? I have touched base with some long established politicos from both parties.  They all agree that this election cycle will be the most challenging that any local voter is likely to face in his or her lifetime.  In my view there are three likely outcomes for prospective voters.

First, voters can choose to throw up their hands in light of new election dates on the calendar, modified congressional districts, changing candidates and buckets of online negativity and not vote at all.  This would be a shame in light of the significance of these elections.  In the March 13th Special Election, no two candidates could be further apart in their support/disdain of the Trump Presidency.  Think of this contest as the “Spanish Civil War” before the main event midterm elections in the Fall.  Whichever party wins will gain untold national momentum as the Democrats seek to take control of the House of Representatives.  

It is true that in the special election voters will be sending a message on their principles rather than electing an individual to look after their long term interests.  This is a good thing and not a wasted effort.  At this crossroads in our political life, such a referendum on the Trump presidency is necessary and valuable.

Second, voters may become caught up in the political crossfire between partisan actors over the Pennsylvania Supreme Court’s decision to issue a remedial redistricting map this close to the congressional elections.  Any attempt to undue the Republican gerrymandered districts was bound to upset them and to please Democrats.  Not surprisingly in the present political climate, the redistricting has caused a firestorm, including immediate appeals by both the Pennsylvania and National Republican parties and calls to impeach all of the Justices who voted for the redistricting.

Voters will be unable to influence any of the turmoil over redistricting in the short term.  Most lawyers and political scientists believe the remedial map will stay in place until after the 2018 midterms. 

Nonetheless, I encourage all voters to read the two readily available Supreme Court opinions, the first ordering the redistricting and the second issuing the revised remedial map. The opinions are well reasoned and make a strong case for the unconstitutionality of the Republican prepared district maps.  It is clear that all points of view were considered and that the remedial map now in effect was the work product of nonpartisan experts from around the country.  The remedial map does not reflect any partisan bias. 

While some would take issue with the timing of the opinions, the State Supreme Court does not control when matters are brought before them. Not unlike the earlier challenge to reassessment in Washington County, when a government process is found to be unconstitutional, it must go, the sooner the better.  Moreover, our Supreme Court recognizes that it is ultimately the constitutional responsibility of the Commonwealth’s legislature and Governor to replace the remedial map with their own version that passes constitutional muster.

Lastly, voters can decide to not avoid these important elections because of the confusion, and not to get caught up in partisan diversions from their civic responsibility. The task of voters in these unique elections is the same as any other.  To study the candidates (even as their faces change), study the issues, make common cause with fellow citizens and to vote.

The unique nature of the March 13th special election and midterm elections that will follow with unfamiliar congressional districts will require close attention and hard work on the part of our electorate and those organizations that have a duty keep them informed. This newspaper, the Washington County Bar Association and other civic groups are needed to explain the process and unwind the confusion. It must be carefully pointed out by respected nonpartisan entities that the election process is not being manipulated for partisan gain, it is being improved to meet the requirements of our constitution.

The upcoming elections are about more than simply getting out the vote.  They are a true test of voters doing their due diligence, of avoiding partisan noise and of maintaining trust in our most important democratic right.