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An Initial Evaluation of the Partisan Bias in Indiana’s
Proposed Districting Plan for Congress and the State
House
Christopher Warshaw∗
September 15, 2021
Abstract
Summary: This memo provides a brief, initial evaluation of Indiana’s proposed state
house and congressional maps. It finds that the proposed plans are likely to lead
to a substantial bias in favor of Republicans in both congressional and state house
elections. This would enable Republican voters in Indiana to have more political
voice than Democratic voters.
∗
Associate Professor, Department of Political Science, George Washington University.
warshaw@gwu.edu. Note that the analyses and views in this report are my own, and do not
represent the views of George Washington University.
1
1 Introduction
I have been asked by the nonprofit group Women4Change to examine the partisan fairness
of Indiana’s proposed congressional and state house districting plans. The relationship
between the distribution of partisan support in the electorate and the partisan composition
of the government—what Powell (2004) calls “vote–seat representation”—is a critical
link in the longer representational chain between citizens’ preferences and governments’
policies. If the relationship between votes and seats systematically advantages one party
over another, then some citizens will enjoy more influence—more “voice”—over political
outcomes than others.
Indiana’s previous 2012-2020 redistricting plan was proposed by Republican leaders
and passed on party lines, with nearly all Republicans voting in favor and nearly all
Democrats opposed.1
This map led to a substantial bias in favor of Republicans in
both congressional and state legislative elections. For example, in congressional elections,
Democrats only won 2 out of 9 districts in every election from 2012-2020. In a previous
report, I found that these maps had a historically extreme level of partisan bias. Indiana’s
congressional districts had a larger pro-Republican bias after its 2011 redistricting plan
took effect in 2012 than 98% of the congressional election maps over the past 50 years.
Indiana’s new state house districts were also more pro-Republican in 2012 than 99% of
previous plans and its state senate districts were more pro-Republican in 2014 than 99%
of previous plans over the past five decades.2
Indiana’s Republican House caucus recently proposed new congressional and state
house plans (Figure 1).3
The new maps have roughly the same amount of partisan bias as
the previous maps. In the 2020 presidential election, Democrat Joe Biden received about
42% of the two-party vote. However, he would have only won 22% of the congressional
districts and 30% of the state house districts in the proposed plans. This would lead
to substantially more wasted Democratic votes in Indiana congressional and state house
elections than wasted Republican votes. Based on the predictive model on PlanScore.org,
the proposed congressional plan would be more skewed in favor of Republicans than 97%
of previous plans. The proposed state house plan would be more skewed in favor of
Republicans than 91% of previous plans over the past fifty years.
Partisan gerrymandering degrades our democracy. As Americans, we should aspire
1. See https://ballotpedia.org/Redistricting_in_Indiana_after_the_2010_census.
2. I focus on the state senate after the 2014 elections since it took two election cycles for elections for
all the districts under its new map to be held. Also, this analysis is based on the Efficiency Gap metric,
which I will discuss in more depth below.
3. See https://www.indianahouserepublicans.com.
2
Figure 1: Map of proposed U.S. House and state house districts in Indiana from
PlanScore.org
to legislative plans that give everyone the same political voice. In my view, Indiana’s
proposed plans fail this test.
2 Background on Partisan Gerrymandering
The goal of partisan gerrymandering is to create legislative districts that are as “effi-
cient” as possible in translating a party’s vote share into seat share (McGhee 2014, 2017;
Caughey, Tausanovitch, and Warshaw 2017). In practice, this entails drawing districts
in which the supporters of the advantaged party constitute either a slim majority (e.g.,
55% of the two-party vote) or a small minority (e.g., 20%). The former is achieved
by “cracking” local opposing-party majorities across multiple districts and the latter by
“packing” them into a few overwhelming strongholds. In a “cracked” district, the disad-
vantaged party narrowly loses, while in a “packed” district, the disadvantaged party wins
overwhelmingly. The resulting asymmetry or advantage in the efficiency of the vote–seat
relationships of the two parties lies at the core of normative critiques of partisan gerry-
mandering. Asymmetries in the translation of votes to seats “offer a party a means of
increasing its margin of control over policy without winning more votes from the public”
(McGhee 2014).
3
There are a number of approaches that have been proposed to measure partisan ad-
vantage in a districting plan. These approaches focus on asymmetries in the efficiency
of the vote–seat relationships of the two parties. In recent years, at least 10 different
approaches have been proposed (McGhee 2017). While no measure is perfect, much of
the recent literature has focused on a handful of related approaches. The results of these
metrics sometimes diverge in states where one party dominates elections. But they all
yield similar substantive results in most states (see Stephanopoulos and McGhee 2018,
556).
In the analysis that follows, I focus on a metric called the Efficiency Gap to measure
the partisan bias in Indiana’s plan. Both cracked and packed districts “waste” more votes
of the disadvantaged party than of the advantaged one (McGhee 2014; Stephanopoulos
and McGhee 2015).4
This suggests that gerrymandering can be measured based on asym-
metries in the number of wasted votes for each party. The efficiency gap (EG) focuses
squarely on the number of each party’s wasted votes in each election. It is defined as
“the difference between the parties’ respective wasted votes, divided by the total number
of votes cast in the election” (Stephanopoulos and McGhee 2015, 831; see also McGhee
2014, 2017).5
All of the losing party’s votes are wasted if they lose the election. When a
party wins an election, the wasted votes are those above the 50%+1 needed to win.
If we adopt the convention that positive values of the efficiency gap imply a Democratic
advantage in the districting process and negative ones imply a Republican advantage, the
efficiency gap can be written mathematically as:
EG =
WR
n
−
WD
n
(1)
where WR are wasted votes for Republicans, WD are wasted votes for Democrats, and n
is the total number of votes in each state.
4. The authors of the efficiency gap use the term “waste” or “waste” to describe votes for the losing
party and votes for the winning party in excess of what is needed to win an election. Since the term is
used by the efficiency gap authors, I use it here when discussing the efficiency gap.
5. The efficiency gap calculations here focus on wasted votes in legislative elections since these results
directly capture voters’ preferences in these elections. However, we might also calculate the efficiency
gap using district-level results from presidential elections or other statewide races. These have the “ad-
vantage of being (mostly) unaffected by district-level candidate characteristics” (Stephanopoulos and
McGhee 2015, 868). This feature is particularly useful for simulating efficiency gaps from randomly
generated districting plans since candidate characteristics are clearly influenced by the final districting
plan. Presidential elections or other statewide races are less closely tied, however, to voters’ preferences
in legislative races given the district lines that actually exist. In practice, though, both legislative races
and other statewide races produce similar efficiency gap results for modern elections where voters are
well sorted by party and ideology. Indeed, the data indicate that the correlation between efficiency gap
estimates based on congressional elections and presidential elections is approximately 0.8 for elections
held after 2000 and about 0.9 for elections held after the 2011 redistricting cycle.
4
Table 1 provides a simple example about how to calculate the efficiency gap with
three districts where the same number of people vote in each district. In this example,
Democrats win a majority of the statewide vote, but they only win 1/3 seats. In the
first district, they win the district with 75/100 votes. This means that they only wasted
the 24 votes that were unnecessary to win a majority of the vote in this district. But
they lose the other two districts and thus waste all 40 of their votes in those districts. In
all, they waste 104 votes. Republicans, on the other hand, waste all 25 of their votes in
the first district. But they only waste the 9 votes unnecessary to win a majority in the
two districts they win. In all, they only waste 43 votes. This implies a pro-Republican
efficiency gap of 43
300
- 104
300
= -20%.
Table 1: Illustrative Example of Efficiency Gap
District Democratic Votes Republican Votes
1 75 25
2 40 60
3 40 60
Total 155 (52%) 145 (48%)
Wasted 104 43
In order to account for unequal population or turnout across districts, the efficiency
gap formula in equation 1 can be rewritten as:
EG = Smargin
D − 2 ∗ V margin
D (2)
where Smargin
D is the Democratic Party’s seat margin (the seat share minus 0.5) and V margin
D
is is the Democratic Party’s vote margin. V margin
D is calculated by aggregating the raw
votes for Democratic candidates across all districts, dividing by the total raw vote cast
across all districts, and subtracting 0.5 (McGhee 2017, 11-12). In the example above, this
equation also provides an efficiency gap of -20% in favor of Republicans. But it could
lead to a slightly different estimate of the efficiency gap if districts are malapportioned or
there is unequal turnout across districts.6
In the case of Indiana’s congressional districts,
equation 2 implies there was an efficiency gap of approximately 19% in 2012 and 9% in
2020.
The efficiency gap mathematically captures the packing and cracking that are at the
heart of partisan gerrymanders. It measures the extra seats one party wins over and above
6. In general, the two formulations of the efficiency gap formula yield very similar results. Because
Democrats tend to win lower-turnout districts, however, the turnout adjusted version of the efficiency
gap in equation 2 tends to produce results that suggest about a 2% smaller disadvantage for Democrats
than the version in Equation 1 (see McGhee 2018).
5
what would be expected if neither party were advantaged in the translation of votes to
seats (i.e., if they had the same number of wasted votes). A key advantage of the efficiency
gap over other measures of partisan bias is that it can be calculated directly from observed
election returns even when the parties’ statewide vote shares are not equal.
3 Partisan Fairness of Proposed Plans
In order to evaluate the proposed plan, it is necessary to create a model to predict future
election outcomes. This enables us to estimate district-level vote shares for a new map and
evaluate its partisan fairness. I predict future elections using the sophisticated statistical
model on the PlanScore.org website, which is a project of the Campaign Legal Center.7
PlanScore uses a statistical model of the relationship between districts’ latent partisanship
and election outcomes. This enables it to estimate district-level vote shares for a new map
and the corresponding partisan gerrymandering metrics.8
PlanScore also places the bias
in Indiana’s plan into historical perspective.
3.1 Congressional Plan
PlanScore indicates that Republicans are likely to win 7 out of the 9 seats in the proposed
congressional plan (see Table 2).9
In the average election, they would win 77% of the seats
despite only winning 56% of the vote. According to the Efficiency Gap metric, Indiana’s
proposed congressional plan is more pro-Republican than 97% of the congressional plans
over the past 50 years. Moreover, it would favor Republicans in 97% of potential electoral
scenarios.
The new plan is actually slightly more biased than the previous 2012-2020 plan. In
the previous plan, the 5th congressional district was a competitive district that leaned
Republican. The new plan makes this a solid Republican district. This increases the
expected Republican seat share from 73% to 77%.
3.2 State House Plan
PlanScore indicates that Republicans are likely to win 69 out of the 100 seats in the
proposed state house plan (see Table 3).10
In the average election, they would win 69%
7. I am on the social science advisory board of Plan Score, but I am not compensated by Campaign
Legal Center nor do I have any role in PlanScore’s evaluation of individual maps.
8. See https://planscore.campaignlegal.org/models/data/2021B/ for more details.
9. See https://planscore.campaignlegal.org/plan.html?20210915T133251.530364274Z
10. See https://planscore.campaignlegal.org/plan.html?20210915T133303.588089382Z
6
Table 2: Partisan Fairness of Congressional Plan based on the predictive model on
PlanScore.org
Exp. Republican Exp. Rep. Efficiency Gap Favors Rep’s in More Skewed than More Pro-Rep. than
Vote Share Seat Share this % of Scenarios this % of Plans this % of Plans
2012-2020 Plan 0.56 0.73 10.0% Pro-Rep. 91% 81% 93%
Rep’s Proposed Plan 0.56 0.77 14.4% Pro-Rep. 97% 96% 97%
of the seats despite only winning 56% of the vote. According to the Efficiency Gap
metric, Indiana’s proposed state house plan is more pro-Republican than 91% of the state
legislative plans over the past 50 years. Moreover, it would favor Republicans in 96%
of potential electoral scenarios. The proposed plan is nearly exactly as biased as the
previous state house plan in Indiana, which my earlier report showed was one of the most
pro-Republican plans in history.
Table 3: Partisan Fairness of State House Plan based on the predictive model on
PlanScore.org
Exp. Republican Exp. Rep. Efficiency Gap Favors Rep’s in More Skewed than More Pro-Rep. than
Vote Share Seat Share this % of Scenarios this % of Plans this % of Plans
2012-2020 Plan 0.56 0.69 7.5% Pro-Rep. 97% 76% 92%
Rep’s Proposed Plan 0.56 0.69 6.9% Pro-Rep. 96% 73% 91%
3.3 Summary of Partisan Fairness Analysis
Overall, my initial analysis indicates that Indiana’s proposed congressional and state house
plans have historically extreme levels of partisan bias. These extreme levels of partisan
bias are very unlikely to be explainable by geography or other politically neutral factors.
As a result, the partisan bias in these maps is likely largely due to intentional partisan
gerrymandering designed to deprive some Indiana voters of their political voice.
4 Do proposed plans satisfy requirement equipopu-
lous districts?
I was also asked by Women4Change to evaluate whether the proposed plan satisfies the
requirements of one-person, one-vote. I find that the proposed Congressional plan has
nearly exactly equipopulous districts, while the maximum population deviation in the
state house plan is only 1%. So the proposed plans appear to satisfy the requirements of
one-person, one vote.
7
5 Compactness
Finally, I was asked to evaluate the compactness of the districts in the proposed plans. My
analysis indicates that the districts in the proposed plans are approximately as compact
as in the previous 2012-2020 plan based on two commonly used criteria (see Tables 4 and
5). Higher values of these metrics indicate more compact districts.
Table 4: Compactness Metrics for Congressional Plans
Reock Polsby-Popper
2012-2020 Plan 0.47 0.43
Rep’s Proposed Plan 0.48 0.48
Table 5: Compactness Metrics for State House Plans
Reock Polsby-Popper
2012-2020 Plan 0.44 0.37
Rep’s Proposed Plan 0.44 0.39
8
6 Background on the Author
Christopher Warshaw is an Associate Professor of Political Science at George Washington
University. Prior to that, he was an Associate Professor at the Massachusetts Institute
of Technology from July 2016 - July 2017, and an Assistant Professor at MIT from July
2012 - July 2016.
His Ph.D. is in Political Science, from Stanford University, where his graduate training
included courses in political science and statistics. He also has a J.D. from Stanford Law
School. His academic research focuses on public opinion, representation, elections, and
polarization in American Politics. His work is published in peer-reviewed journals such
as: the American Political Science Review, the American Journal of Political Science, the
Journal of Politics, Political Analysis, the Annual Review of Political Science, Political
Science Research and Methods, the British Journal of Political Science, Political Behav-
ior, the Election Law Journal, Nature Energy, Public Choice, and edited volumes from
Cambridge University Press and Oxford University Press. His book Dynamic Democracy
in the American States is forthcoming from the University of Chicago Press. He has also
served as an expert witness in a number of legal cases on partisan gerrymandering and
on the U.S. Census.
9
References
Caughey, Devin, Chris Tausanovitch, and Christopher Warshaw. 2017. “Partisan Gerry-
mandering and the Political Process: Effects on Roll-Call Voting and State Policies.”
Election Law Journal 16 (4).
McGhee, Eric. 2014. “Measuring Partisan Bias in Single-Member District Electoral Sys-
tems.” Legislative Studies Quarterly 39 (1): 55–85.
. 2017. “Measuring Efficiency in Redistricting.” Election Law Journal: Rules, Pol-
itics, and Policy.
. 2018. Assessing California’s Redistricting Commission: Effects on Partisan Fair-
ness and Competitiveness. Report from the Public Policy Institute of California.
Available at http : / / www . ppic . org / publication / assessing - californias -
redistricting-commission-effects-on-partisan-fairness-and-competitive
ness/.
Powell, G. Bingham, Jr. 2004. “Political Representation in Comparative Politics.” Annual
Review of Political Science 7:273–296.
Stephanopoulos, Nicholas O., and Eric M. McGhee. 2015. “Partisan Gerrymandering and
the Efficiency Gap.” University of Chicago Law Review 82 (2): 831–900.
. 2018. “The measure of a metric: The debate over quantifying partisan gerryman-
dering.” Stan. L. Rev. 70:1503.
10

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Warshaw initial evaluation_indiana_210915

  • 1. An Initial Evaluation of the Partisan Bias in Indiana’s Proposed Districting Plan for Congress and the State House Christopher Warshaw∗ September 15, 2021 Abstract Summary: This memo provides a brief, initial evaluation of Indiana’s proposed state house and congressional maps. It finds that the proposed plans are likely to lead to a substantial bias in favor of Republicans in both congressional and state house elections. This would enable Republican voters in Indiana to have more political voice than Democratic voters. ∗ Associate Professor, Department of Political Science, George Washington University. warshaw@gwu.edu. Note that the analyses and views in this report are my own, and do not represent the views of George Washington University. 1
  • 2. 1 Introduction I have been asked by the nonprofit group Women4Change to examine the partisan fairness of Indiana’s proposed congressional and state house districting plans. The relationship between the distribution of partisan support in the electorate and the partisan composition of the government—what Powell (2004) calls “vote–seat representation”—is a critical link in the longer representational chain between citizens’ preferences and governments’ policies. If the relationship between votes and seats systematically advantages one party over another, then some citizens will enjoy more influence—more “voice”—over political outcomes than others. Indiana’s previous 2012-2020 redistricting plan was proposed by Republican leaders and passed on party lines, with nearly all Republicans voting in favor and nearly all Democrats opposed.1 This map led to a substantial bias in favor of Republicans in both congressional and state legislative elections. For example, in congressional elections, Democrats only won 2 out of 9 districts in every election from 2012-2020. In a previous report, I found that these maps had a historically extreme level of partisan bias. Indiana’s congressional districts had a larger pro-Republican bias after its 2011 redistricting plan took effect in 2012 than 98% of the congressional election maps over the past 50 years. Indiana’s new state house districts were also more pro-Republican in 2012 than 99% of previous plans and its state senate districts were more pro-Republican in 2014 than 99% of previous plans over the past five decades.2 Indiana’s Republican House caucus recently proposed new congressional and state house plans (Figure 1).3 The new maps have roughly the same amount of partisan bias as the previous maps. In the 2020 presidential election, Democrat Joe Biden received about 42% of the two-party vote. However, he would have only won 22% of the congressional districts and 30% of the state house districts in the proposed plans. This would lead to substantially more wasted Democratic votes in Indiana congressional and state house elections than wasted Republican votes. Based on the predictive model on PlanScore.org, the proposed congressional plan would be more skewed in favor of Republicans than 97% of previous plans. The proposed state house plan would be more skewed in favor of Republicans than 91% of previous plans over the past fifty years. Partisan gerrymandering degrades our democracy. As Americans, we should aspire 1. See https://ballotpedia.org/Redistricting_in_Indiana_after_the_2010_census. 2. I focus on the state senate after the 2014 elections since it took two election cycles for elections for all the districts under its new map to be held. Also, this analysis is based on the Efficiency Gap metric, which I will discuss in more depth below. 3. See https://www.indianahouserepublicans.com. 2
  • 3. Figure 1: Map of proposed U.S. House and state house districts in Indiana from PlanScore.org to legislative plans that give everyone the same political voice. In my view, Indiana’s proposed plans fail this test. 2 Background on Partisan Gerrymandering The goal of partisan gerrymandering is to create legislative districts that are as “effi- cient” as possible in translating a party’s vote share into seat share (McGhee 2014, 2017; Caughey, Tausanovitch, and Warshaw 2017). In practice, this entails drawing districts in which the supporters of the advantaged party constitute either a slim majority (e.g., 55% of the two-party vote) or a small minority (e.g., 20%). The former is achieved by “cracking” local opposing-party majorities across multiple districts and the latter by “packing” them into a few overwhelming strongholds. In a “cracked” district, the disad- vantaged party narrowly loses, while in a “packed” district, the disadvantaged party wins overwhelmingly. The resulting asymmetry or advantage in the efficiency of the vote–seat relationships of the two parties lies at the core of normative critiques of partisan gerry- mandering. Asymmetries in the translation of votes to seats “offer a party a means of increasing its margin of control over policy without winning more votes from the public” (McGhee 2014). 3
  • 4. There are a number of approaches that have been proposed to measure partisan ad- vantage in a districting plan. These approaches focus on asymmetries in the efficiency of the vote–seat relationships of the two parties. In recent years, at least 10 different approaches have been proposed (McGhee 2017). While no measure is perfect, much of the recent literature has focused on a handful of related approaches. The results of these metrics sometimes diverge in states where one party dominates elections. But they all yield similar substantive results in most states (see Stephanopoulos and McGhee 2018, 556). In the analysis that follows, I focus on a metric called the Efficiency Gap to measure the partisan bias in Indiana’s plan. Both cracked and packed districts “waste” more votes of the disadvantaged party than of the advantaged one (McGhee 2014; Stephanopoulos and McGhee 2015).4 This suggests that gerrymandering can be measured based on asym- metries in the number of wasted votes for each party. The efficiency gap (EG) focuses squarely on the number of each party’s wasted votes in each election. It is defined as “the difference between the parties’ respective wasted votes, divided by the total number of votes cast in the election” (Stephanopoulos and McGhee 2015, 831; see also McGhee 2014, 2017).5 All of the losing party’s votes are wasted if they lose the election. When a party wins an election, the wasted votes are those above the 50%+1 needed to win. If we adopt the convention that positive values of the efficiency gap imply a Democratic advantage in the districting process and negative ones imply a Republican advantage, the efficiency gap can be written mathematically as: EG = WR n − WD n (1) where WR are wasted votes for Republicans, WD are wasted votes for Democrats, and n is the total number of votes in each state. 4. The authors of the efficiency gap use the term “waste” or “waste” to describe votes for the losing party and votes for the winning party in excess of what is needed to win an election. Since the term is used by the efficiency gap authors, I use it here when discussing the efficiency gap. 5. The efficiency gap calculations here focus on wasted votes in legislative elections since these results directly capture voters’ preferences in these elections. However, we might also calculate the efficiency gap using district-level results from presidential elections or other statewide races. These have the “ad- vantage of being (mostly) unaffected by district-level candidate characteristics” (Stephanopoulos and McGhee 2015, 868). This feature is particularly useful for simulating efficiency gaps from randomly generated districting plans since candidate characteristics are clearly influenced by the final districting plan. Presidential elections or other statewide races are less closely tied, however, to voters’ preferences in legislative races given the district lines that actually exist. In practice, though, both legislative races and other statewide races produce similar efficiency gap results for modern elections where voters are well sorted by party and ideology. Indeed, the data indicate that the correlation between efficiency gap estimates based on congressional elections and presidential elections is approximately 0.8 for elections held after 2000 and about 0.9 for elections held after the 2011 redistricting cycle. 4
  • 5. Table 1 provides a simple example about how to calculate the efficiency gap with three districts where the same number of people vote in each district. In this example, Democrats win a majority of the statewide vote, but they only win 1/3 seats. In the first district, they win the district with 75/100 votes. This means that they only wasted the 24 votes that were unnecessary to win a majority of the vote in this district. But they lose the other two districts and thus waste all 40 of their votes in those districts. In all, they waste 104 votes. Republicans, on the other hand, waste all 25 of their votes in the first district. But they only waste the 9 votes unnecessary to win a majority in the two districts they win. In all, they only waste 43 votes. This implies a pro-Republican efficiency gap of 43 300 - 104 300 = -20%. Table 1: Illustrative Example of Efficiency Gap District Democratic Votes Republican Votes 1 75 25 2 40 60 3 40 60 Total 155 (52%) 145 (48%) Wasted 104 43 In order to account for unequal population or turnout across districts, the efficiency gap formula in equation 1 can be rewritten as: EG = Smargin D − 2 ∗ V margin D (2) where Smargin D is the Democratic Party’s seat margin (the seat share minus 0.5) and V margin D is is the Democratic Party’s vote margin. V margin D is calculated by aggregating the raw votes for Democratic candidates across all districts, dividing by the total raw vote cast across all districts, and subtracting 0.5 (McGhee 2017, 11-12). In the example above, this equation also provides an efficiency gap of -20% in favor of Republicans. But it could lead to a slightly different estimate of the efficiency gap if districts are malapportioned or there is unequal turnout across districts.6 In the case of Indiana’s congressional districts, equation 2 implies there was an efficiency gap of approximately 19% in 2012 and 9% in 2020. The efficiency gap mathematically captures the packing and cracking that are at the heart of partisan gerrymanders. It measures the extra seats one party wins over and above 6. In general, the two formulations of the efficiency gap formula yield very similar results. Because Democrats tend to win lower-turnout districts, however, the turnout adjusted version of the efficiency gap in equation 2 tends to produce results that suggest about a 2% smaller disadvantage for Democrats than the version in Equation 1 (see McGhee 2018). 5
  • 6. what would be expected if neither party were advantaged in the translation of votes to seats (i.e., if they had the same number of wasted votes). A key advantage of the efficiency gap over other measures of partisan bias is that it can be calculated directly from observed election returns even when the parties’ statewide vote shares are not equal. 3 Partisan Fairness of Proposed Plans In order to evaluate the proposed plan, it is necessary to create a model to predict future election outcomes. This enables us to estimate district-level vote shares for a new map and evaluate its partisan fairness. I predict future elections using the sophisticated statistical model on the PlanScore.org website, which is a project of the Campaign Legal Center.7 PlanScore uses a statistical model of the relationship between districts’ latent partisanship and election outcomes. This enables it to estimate district-level vote shares for a new map and the corresponding partisan gerrymandering metrics.8 PlanScore also places the bias in Indiana’s plan into historical perspective. 3.1 Congressional Plan PlanScore indicates that Republicans are likely to win 7 out of the 9 seats in the proposed congressional plan (see Table 2).9 In the average election, they would win 77% of the seats despite only winning 56% of the vote. According to the Efficiency Gap metric, Indiana’s proposed congressional plan is more pro-Republican than 97% of the congressional plans over the past 50 years. Moreover, it would favor Republicans in 97% of potential electoral scenarios. The new plan is actually slightly more biased than the previous 2012-2020 plan. In the previous plan, the 5th congressional district was a competitive district that leaned Republican. The new plan makes this a solid Republican district. This increases the expected Republican seat share from 73% to 77%. 3.2 State House Plan PlanScore indicates that Republicans are likely to win 69 out of the 100 seats in the proposed state house plan (see Table 3).10 In the average election, they would win 69% 7. I am on the social science advisory board of Plan Score, but I am not compensated by Campaign Legal Center nor do I have any role in PlanScore’s evaluation of individual maps. 8. See https://planscore.campaignlegal.org/models/data/2021B/ for more details. 9. See https://planscore.campaignlegal.org/plan.html?20210915T133251.530364274Z 10. See https://planscore.campaignlegal.org/plan.html?20210915T133303.588089382Z 6
  • 7. Table 2: Partisan Fairness of Congressional Plan based on the predictive model on PlanScore.org Exp. Republican Exp. Rep. Efficiency Gap Favors Rep’s in More Skewed than More Pro-Rep. than Vote Share Seat Share this % of Scenarios this % of Plans this % of Plans 2012-2020 Plan 0.56 0.73 10.0% Pro-Rep. 91% 81% 93% Rep’s Proposed Plan 0.56 0.77 14.4% Pro-Rep. 97% 96% 97% of the seats despite only winning 56% of the vote. According to the Efficiency Gap metric, Indiana’s proposed state house plan is more pro-Republican than 91% of the state legislative plans over the past 50 years. Moreover, it would favor Republicans in 96% of potential electoral scenarios. The proposed plan is nearly exactly as biased as the previous state house plan in Indiana, which my earlier report showed was one of the most pro-Republican plans in history. Table 3: Partisan Fairness of State House Plan based on the predictive model on PlanScore.org Exp. Republican Exp. Rep. Efficiency Gap Favors Rep’s in More Skewed than More Pro-Rep. than Vote Share Seat Share this % of Scenarios this % of Plans this % of Plans 2012-2020 Plan 0.56 0.69 7.5% Pro-Rep. 97% 76% 92% Rep’s Proposed Plan 0.56 0.69 6.9% Pro-Rep. 96% 73% 91% 3.3 Summary of Partisan Fairness Analysis Overall, my initial analysis indicates that Indiana’s proposed congressional and state house plans have historically extreme levels of partisan bias. These extreme levels of partisan bias are very unlikely to be explainable by geography or other politically neutral factors. As a result, the partisan bias in these maps is likely largely due to intentional partisan gerrymandering designed to deprive some Indiana voters of their political voice. 4 Do proposed plans satisfy requirement equipopu- lous districts? I was also asked by Women4Change to evaluate whether the proposed plan satisfies the requirements of one-person, one-vote. I find that the proposed Congressional plan has nearly exactly equipopulous districts, while the maximum population deviation in the state house plan is only 1%. So the proposed plans appear to satisfy the requirements of one-person, one vote. 7
  • 8. 5 Compactness Finally, I was asked to evaluate the compactness of the districts in the proposed plans. My analysis indicates that the districts in the proposed plans are approximately as compact as in the previous 2012-2020 plan based on two commonly used criteria (see Tables 4 and 5). Higher values of these metrics indicate more compact districts. Table 4: Compactness Metrics for Congressional Plans Reock Polsby-Popper 2012-2020 Plan 0.47 0.43 Rep’s Proposed Plan 0.48 0.48 Table 5: Compactness Metrics for State House Plans Reock Polsby-Popper 2012-2020 Plan 0.44 0.37 Rep’s Proposed Plan 0.44 0.39 8
  • 9. 6 Background on the Author Christopher Warshaw is an Associate Professor of Political Science at George Washington University. Prior to that, he was an Associate Professor at the Massachusetts Institute of Technology from July 2016 - July 2017, and an Assistant Professor at MIT from July 2012 - July 2016. His Ph.D. is in Political Science, from Stanford University, where his graduate training included courses in political science and statistics. He also has a J.D. from Stanford Law School. His academic research focuses on public opinion, representation, elections, and polarization in American Politics. His work is published in peer-reviewed journals such as: the American Political Science Review, the American Journal of Political Science, the Journal of Politics, Political Analysis, the Annual Review of Political Science, Political Science Research and Methods, the British Journal of Political Science, Political Behav- ior, the Election Law Journal, Nature Energy, Public Choice, and edited volumes from Cambridge University Press and Oxford University Press. His book Dynamic Democracy in the American States is forthcoming from the University of Chicago Press. He has also served as an expert witness in a number of legal cases on partisan gerrymandering and on the U.S. Census. 9
  • 10. References Caughey, Devin, Chris Tausanovitch, and Christopher Warshaw. 2017. “Partisan Gerry- mandering and the Political Process: Effects on Roll-Call Voting and State Policies.” Election Law Journal 16 (4). McGhee, Eric. 2014. “Measuring Partisan Bias in Single-Member District Electoral Sys- tems.” Legislative Studies Quarterly 39 (1): 55–85. . 2017. “Measuring Efficiency in Redistricting.” Election Law Journal: Rules, Pol- itics, and Policy. . 2018. Assessing California’s Redistricting Commission: Effects on Partisan Fair- ness and Competitiveness. Report from the Public Policy Institute of California. Available at http : / / www . ppic . org / publication / assessing - californias - redistricting-commission-effects-on-partisan-fairness-and-competitive ness/. Powell, G. Bingham, Jr. 2004. “Political Representation in Comparative Politics.” Annual Review of Political Science 7:273–296. Stephanopoulos, Nicholas O., and Eric M. McGhee. 2015. “Partisan Gerrymandering and the Efficiency Gap.” University of Chicago Law Review 82 (2): 831–900. . 2018. “The measure of a metric: The debate over quantifying partisan gerryman- dering.” Stan. L. Rev. 70:1503. 10