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Delimitation Equity Project Resource Guide - IFES

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<strong>Delimitation</strong> <strong>Equity</strong> <strong>Project</strong><br />

boundaries, as well as other geographic features, are generally listed as factors to be<br />

taken into account. 19 Consideration for the means of communication and ease of travel,<br />

and respect for communities of interest, are other commonly identified criteria. 20<br />

Equal Population<br />

The most widely accepted rule for delimiting electoral districts is that constituencies<br />

should be relatively equal in population. All 60 countries in our survey that delimited<br />

districts indicated that population equality was a criterion considered, and most indicated<br />

that it was the single most important delimitation requirement (or one of several of the<br />

most important).<br />

The degree to which countries require population “equality” and the population figure (for<br />

example, total population, citizen population, registered voters) that is used to determine<br />

equality differs across countries. A majority (53 percent) of the countries surveyed<br />

indicated that “total population” was the population base used for determining equality<br />

across constituencies. Another 34 percent reported registered voters as the population<br />

base. Six countries (almost all European) stated that citizen population was the relevant<br />

base for determining population equality. The voting age population was mentioned as<br />

the base by one country (Lesotho), and the number of voters in the previous election by<br />

another country (Belarus).<br />

The degree to which countries demand population equality also varies. Close to 75<br />

percent of the countries surveyed reported no specific limit regarding the extent to which<br />

constituencies are permitted to deviate from the population quota. 21 Those that did<br />

report a tolerance limit indicated a range from “virtually no deviation allowed” (the United<br />

States) to as high as a 30 percent tolerance limit (Singapore).<br />

The United States is unique in its adherence to the doctrine of equal population. No<br />

other country requires deviations as minimal as the “one person, one vote” standard that<br />

has been imposed by U.S. courts since the early 1960s. In the 1983 court case Karcher<br />

v. Daggett, the U.S. Supreme Court held that there is no point at which population<br />

deviations in a congressional redistricting plan can be considered inconsequential:<br />

“[t]here are no de minimus variations which could practically be avoided but which<br />

nonetheless meet the standard of Article I, Section 2 [of the U.S. Constitution] without<br />

justification.” 22 The Court went on to reject a New Jersey congressional redistricting plan<br />

that had a total population deviation of only 0.7 percent. Following this decision, most<br />

states interpreted Karcher as requiring the adoption of congressional redistricting plans<br />

with exact mathematical population equality or, at minimum, with the lowest possible<br />

population deviation. Although the courts later upheld the legality of some redistricting<br />

19 Geographic criteria of one kind or another were mentioned by 85 percent of the countries included in the<br />

survey that delimited electoral districts.<br />

20 The means of communication and/or ease of travel are mentioned as factors to take into account by 21 of<br />

the 60 countries. Nineteen of the 60 countries listed communities of interest as a criterion that should be<br />

considered when delimiting electoral districts.<br />

21 The population quota is the average number of persons per constituency (or per representative in the case<br />

of multimember districts). It is calculated by dividing the total number of districts to be drawn (or<br />

representatives to be elected in the case of multimember districts) into the population of the country.<br />

22 Karcher v. Daggett, 462 U.S. 725, 734 (1983).<br />

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