Can the Republicans gerrymander their way into the White House?

Republicans should stop focus on winning more support, not changing the electoral rules.

It's the oldest electoral trick: if you don't like the result, change the rules. To some Republicans, it is central to their strategy for regaining the White House in 2016.

The term "gerrymandering" was coined in 1812, after Governor Gerry of Massachusetts redrew Congressional boundaries so unfairly it was said to resemble the salamander monster. Gerry's idea was simple: concentrate his opponents' support so they piled up a few huge majorities, while spreading his own party's out so they could win more districts, resulting in more Congressmen.

The same tactics have been a feature of US politics ever since - and it's only getting worse. Look at Slate's list of the 21 "most rigged" districts around today. It's certainly not just the Republicans at work: two of the worst examples - Illinois's fourth Congressional district and Maryland's third - are the result of Democrat-controlled state legislatures. But because the Republicans' mid-term win in 2010 coincided with redistricting following the census, their support was very efficiently distributed in 2012. In total, they won 234 House seats to the Democrats' 201 - even though the Democrats won the popular vote by 1.5 million. Imagine the outrage if this had been an African country.

So far the practice hasn't extended to presidential elections. With the exception of Nebraska and Maine (which only control nine of the 538 Electoral College votes between them), states award all their votes to the winner of the state overall. This may throw up anomalous results - like in 2000, when Al Gore won the popular vote while losing the presidency - but Congress-style gerrymandering is even worse. And that's exactly what Republicans are now proposing be replicated in the White House race.

In five crucial states that Obama won in 2012 - Michigan, Ohio, Pennsylvania, Virginia and Wisconsin - Republicans in the state legislatures have floated plans to award the state's electoral votes according to the winner of each Congressional district. It sort of makes sense - until you remember that the districts themselves reflect intricate gerrymandering. 

In Virginia, a bill to award electors by districts recently advanced through a subcommittee in the Virginia Senate, under which Mitt Romney would have won nine out of 13 electoral votes - even though Obama won the state by 150,000 votes. However, the Republican Governor of the state is strongly opposed, reasoning that this would dilute the attention - and money - that the swing state receives in presidential elections.

Pennsylvania is where the plans are most likely to transpire. Despite being regarded as a swing state, it hasn't given its electoral votes to a Republican candidate since George Bush Sr in 1988. After years of trying, the Republicans look to be making progress towards changing the way the state allocates its electoral votes - ensuring that the party could win a significant amount of Pennsylvania's electoral college votes even without coming close to winning the state itself. While the results wouldn't be as egregious as in Virginia, the motives are equally clear.

Reince Priebus, the newly re-elected chair of the Republican National Committee, recently said he was "pretty intrigued" by the idea of states changing the way they award their electoral college votes and "in some cases they should look at it". It's easy to see the appeal for Republicans, with changing demographics meaning that the party's traditional coalition is no longer sufficient to win the presidency. Yet ultimately voters seldom reward parties so lacking in confidence in their own ideas that they appear more concerned with changing the rules; even Paul Ryan has spoken out against the plans. If Republicans want to win in 2016, they should focus on winning more support, not manipulating the electoral system.

Even Paul Ryan opposes the Republicans' redistricting plans. Photography: Getty Images

Tim Wigmore is a contributing writer to the New Statesman and the author of Second XI: Cricket In Its Outposts.

Photo: Getty Images/AFP
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Why is the government charging more women for selling sex but turning a blind eye to buyers?

Since 2013, the number of women charged for selling sex gone up while the number of men charged for buying it has gone down.

It’s no surprise that prostitution policy is an area rarely visited by our legislators. It’s politically charged - a place where the need to prevent exploitation seemingly clashes head on with notions of liberal freedom; where there are few simple answers, a disputed evidence base, and no votes.

There’s also little evidence to suggest that MPs are different from the rest of the population - where one-in-ten men have purchased sex. It is little wonder therefore that our report on how the law should change, published in 2014, was the first major cross-party intervention on the subject in twenty years.

Some take the view that by removing all legal constraints, it will make the inherently exploitative trade of prostitution, safer. It’s not just me that questions this approach, though I accept that - equally - there’s no consensus that my preferred measure of criminalising the purchase of sex, while decriminalising the sale, would fundamentally change the scale of the problem.

Where all sides come together, however, is in the desire to see women diverted from the law courts. It is still possible for women (and it still is women; prostitution remains highly genderised) to go to prison for offences related to prostitution. Today, in 2015.

The total number of prosecutions for all prostitution offences in England and Wales has been decreasing since 2010, but not in a uniform fashion. This does not reflect a reduction in the size of the trade, or the violent nature of it.

There were once consistently more prosecutions for kerb crawling, profiting, and control of prostitution. But since 2013, there have been more prosecutions for soliciting or loitering than for profit from prostitution and kerb crawling each year.

In simple terms, offences committed by men with choice, freedom and money in their pocket are having a blind eye turned to them, while women are being targeted - and this trend is accelerating. In the law courts, and in prosecutions, it is the most vulnerable party in the transaction, who is taking the burden of criminality.

Take on-street sex buying as an example. In 2013-14 just 237 prosecutions were brought for kerb crawling, but there were 553 - more than twice as many - for loitering and soliciting.

There is a similar pattern in the 2014/15 figures: 227 charges for kerb crawling reached court, while 456 prosecutions were initiated against those who were selling sex. Just 83 prosecutions for control of prostitution, or ‘pimping’, were brought in that same year.

These are men and women on the same street. It takes a high level of liberal delusion to be convinced that prostitution is caused by a surge of women wishing to sell sex, rather than men who wish to buy it. And yet women who sell sex are the ones being targeted in our law courts, not the men that create the demand in the first place.

This situation even goes against the Crown Prosecution Service’s (CPS) own guidance. They say:

“Prostitution is addressed as sexual exploitation within the overall CPS Violence Against Women strategy because of its gendered nature… At the same time, those who abuse and exploit those involved in prostitution should be rigorously investigated and prosecuted, and enforcement activity focused on those who create the demand for on-street sex, such as kerb crawlers.”

Why then, is this happening? For the same reason it always does - in our criminal justice system stigmatised, poor women are valued less than moneyed, professional men.

My debate in Parliament today raises these issues directly with the government ministers responsible. But to be honest, the prosecution-bias against women in the courts isn’t the problem; merely a symptom of it. This bias will only be tackled when the law reflects the inherent harm of the trade to women, rather than sending the mixed signals of today.

That’s why I welcome the work of the End Demand Alliance, composed of over 40 organisations working to end the demand that fuels sex trafficking and prostitution, advocating the adoption of the Sex Buyer Law throughout the UK.

This would criminalise paying for sex, while decriminalising its sale and providing support and exiting services for those exploited by prostitution. Regardless of these big changes in the law, I don’t see how anyone can support the current state of affairs where there are more prosecutions brought against women than men involved in prostitution.

The authorities are targeting women because they're easier to arrest and prosecute. It goes against their own guidance, common sense and natural justice.
And it needs to stop.

Gavin Shuker is MP for Luton South and chair of the All Party Group on Prostitution and the Global Sex Trade.