RECONSIDERATION.

FOR MORE ON THE PROCESS MOVING FORWARD, WE TURN TO BARRY BURDEN, PROFESSOR OF POLITICAL SCIENCE AT UW-MADISON AND DIRECTOR OF THE ELECTIONS RESEARCH CENTER.

THANKS VERY MUCH FOR BEING HERE.

>> GLAD TO BE WITH YOU.

>> SO, AS WE'VE MENTIONED, THE DEADLINE FORCE SUBMITTING NEW MAPS WAS TODAY.

THERE ARE THE LEGISLATURE'S MAPS AND THE GOVERNOR'S MAPS.

WHAT HAPPENS NOW?

>> WELL, PARTIES WILL HAVE SUBMITTED THE MAPS AND THEN THOSE PARTIES CAN OFFER RESPONSES TO THE MAPS FROM THE OTHER SIDE OVER THE NEXT WEEK, SO THOSE REPLY BRIEFS WILL COME IN IN THE NEXT SEVEN DAYS AND THEN ESSENTIALLY ALL OF THAT MATERIAL GETS HANDED TO THE TWO CONSULTANTS THAT THE COURT DECIDED WOULD EVALUATE THE MATERIAL AND THEY HAVE UNTIL FEBRUARY 1 TO DO THEIR WORK.

>> SO AT WHAT POINT WOULD THE GOVERNOR, FOR EXAMPLE, HAVE AN OPPORTUNITY TO VETO THE LEGISLATURE'S MAPS?

>> YEAH, THAT'S A LITTLE UNCLEAR TO ME.

THE PARTIES IN THE CASE MAY SUBMIT PROPOSALS TODAY, BUT IT SEEMS VERY UNLIKELY THAT THERE WOULD BE A FULL LEGISLATIVE PROCESS.

SO I THINK WE'LL JUS T HAVE TO WAIT AND SEE WHAT GETS SUBMITTED.

MY GUESS IS THAT THE EXECUTIVE BRANCH AND THE LEGISLATIVE BRANCH WILL HAVE DIFFERENT IDEAS AND WILL SUBMIT MAPS ESSENTIALLY SEPARATELY WITHOUT BOTHERING WITHOUT MUCH OF THE LEGISLATIVE PROCESS.

>> AND YET THIS IS ON A MAJOR FAST TRACK.

>> IT IS MOVING VERY QUICKLY.

THE DECISION CAME DOWN ON DECEMBER 2nd JUST BEFORE THE CHRISTMAS WEEKEND.

THE COURT HOPES AND THE WISCONSIN ELECTIONS COMMISSION HOPES TO HAVE EVERYTHING DONE BY MID-MARCH SO THAT MAPS ARE IN PLACE BEFORE THE AUGUST PRIMARIES LATER IN THE SUMMER.

SO IT IS MOVING AT A GOOD CLIP.

>> IS IT EXPECTED, IN YOUR MINDS, THAT THE COURT'S CONSULTANTS WILL ACTUALLY DRAW THESE VOTING MAPS FROM SCRATCH IN THE END HERE?

>> I THINK THAT'S LIKELY, BUT THERE IS A LOT OF AMBIGUITY IN THE COURT'S ORDER.

IT SAID THAT THE CONSULTANTS SHOULD EVALUATE THE MAPS THAT ARE PROPOSED BY THE PARTIES IN TERMS OF WHETHER THEY MEET ALL OF THE TRADITIONAL CRITERIA PLUS THE ADDITIONAL CRITERIA OF HAVING NO PARTISAN IMPACT.

THE COURT HAS NOT DEFINED WHAT THEY MEAN BY THAT.

I THINK THAT CONSULTANTS HAVE SOME GOOD CONCEPTS TO RELY ON FROM WORK THEY'VE DONE IN OTHER STATES AND ACADEMIC WORK ON MEASURING THE BIAS IN MAPS, BUT THEY WILL HAVE TO COME UP WITH STANDARDS ESSENTIALLY TO EVALUATE WHETHER THOSE CRITERIA ARE MET.

IT SEEMS UNLIKELY THAT ANY ONE MAP WOULD MEET ALL OF THE CRITERIA IN A CLEAR BLACK AND WHITE WAY AND SO THE CONSULTANTS WILL PROBABLY BE LED TO PRODUCE SOME KIND OF MAPS OF THEIR OWN.

>> SO AS TO THE CRITERIA, WHAT WILL THE MAPS HAVE TO LOOK LIKE FOR THE COURT'S APPROVAL HERE?

>> WELL, THEY WILL MEET THE CRITERIA THAT THE MAPS HAVE MET IN THE PAST.

FOR EXAMPLE, HAVING EQUAL POPULATIONS IN EACH DISTRICT COMPLYING WITH THE FEDERAL VOTING RIGHTS ACT TO ENSURE THE VOTING RIGHTS OF RACIAL AND ETHNIC MINORITIES, TRYING NOT TO SPLIT COUNTIES AND MUNICIPALITIES UNNECESSARILY.

THIS TIME AROUND, IT WILL ALSO HAVE TO MAKE SURE THERE AREN'T ANY SEPARATED PIECES OF TERRITORY.

ALL THE DISTRICTS NEED TO BE CONTIGUOUS IN A KIND OF LITERAL FASHION ON THE MAP AND THEN THIS ADDITIONAL CRITERIA THEY'VE ADDED OF NO PARTISAN IMPACT, MEANING THE MAN LOOKS SORT OF NEUTRAL OR THE WAY AN UNINTERESTED PARTY WOULD HAVE PRODUCED THE MAPS.

SO MY GUESS IS THE DISTRICTS WILL LOOK SOMEWHAT DIFFERENT THAN THE ONES WE HAVE TODAY.

THEY WILL CERTAINLY SHAKE UP WHERE INCUMBENTS END UP BECAUSE THAT'S NOT PART OF THE CONSIDERATION FOR THE MAP-MAKERS.

>> SO THROWN OUT WAS THIS REQUIREMENT OF LEAST CHANGE FROM THE LAST GO-AROUND.

>> YEAH FELT THAT WAS A MAJOR STATEMENT IN THE COURT'S OPINION THAT THEY DIDN'T WANT TO ESSENTIALLY REAFFIRM THE EXISTING BIASES IN THE MAP AND THEY DEMANDED THAT THE MAPS BE DRAWN FROM SCRATCH IN A WAY THAT IS POLITICALLY NEUTRAL, SO NOT ADVANTAGING ONE SIDE OR THE OTHER AND ADOPTING A LEAST CHANGED APPROACH THEY VIEWED AS ESSENTIALLY LOCKING IN EXISTING BIASES IN FAVOR OF REPUBLICANS.

>> WHAT IS THE EXPECTATION THAT THE REMEDIAL VOTING MAPS WILL, IN FACT BE IN PLACE IN TIME FOR THIS YEAR'S ELECTIONS?

>> I THINK IT CAN HAPPEN.

THIS IS A NEW PROCESS FOR THE STATE SUPREME COURT.

THEY'VE NOT PRODUCED MAPS IN THIS WAY BEFORE.

IT'S AN ACCELERATED TIME SCHEDULE SO IT NEEDS TO TO BE DONE WITHIN THE MONTH OF FEBRUARY TO HAVE EVERYTHING IN PLACE IN EARLY MARCH.

I THINK IT'S VERY POSSIBLE FOR CONSULTANCE TO DO THAT.

I THINK IS THAT QUESTION OF HOW FAST THE COURT CAN ACT WHEN IT GETS THE MAPS FROM CONSULTANTS, BUT GIVEN THE TECHNOLOGY AND THE FAMILIARITY WITH ALL OF THE INTERESTED PARTIES HERE, I THINK MAPS CAN COME TOGETHER PRETTY QUICKLY.

>> IN THE END, HOW M IGHT REMEDIAL MAPS CHANGE THE POLITICAL LANDSCAPE IN WISCONSIN?

>> I THINK THE NUM BER ONE EFFECT WILL BE SHAKING UP INCUMBENTS.

DISTRICTS TODAY ARE DRAWN WITH INCUMBENTS IN MIND.

THEY ARE PLAYERS IN THE PROCESS AND THE STATE LEGISLATURE -- IN THE STATE LEGISLATURE SO THEY HAVE THEIR OWN INTEREST IN MIND.

THERE ARE SOME PARTS OF THE STATE WHERE ADDRESSES ARE VERY CLOSE TO ONE ANOTHER AND YET THE DISTRICTS HAVE BEEN DRAWN TO ENSURE THAT THEY'RE IN DIFFERENT DISTRICTS, SO WE SHOULD EXPECT OFTS PLACES WHERE INCUMBENTS GET THROWN INTO TOGETHER TO THE SAME DISTRICTS OR FORCED TO MAKE HARD DECISIONS.

I THINK THE BAD IMPACT WILL BE BIGGER THAN THE PARTISAN IMPACTS WHICH WILL BENEFIT DEMOCRATS, BUT PROBABLY NOT PUT BOTH CHAMBERS IMMEDIATELY UP FOR GRABS FOR BOTH PARTIES.

>> ALL RIGHT.

BARRY BURDEN, THANK YOU SO MUCH BARRY BURDEN, THANK YOU SO MUCH