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Rest In Power Kobe
How Rep. James Clyburn Protected His District at a Cost to Black Democrats
Facing the possibility of an unsafe district, South Carolina’s most powerful Democrat sent his aide to consult with the GOP on a redistricting plan that diluted Black voting strength and harmed his party’s chances of gaining seats in Congress.
www.propublica.org
The meeting was arranged in secret. On Nov. 19, 2021, the chief of staff for South Carolina’s Senate Judiciary Committee texted Dalton Tresvant, a key aide to Rep. Jim Clyburn, the state’s most powerful Democrat.
“Hey Dalton - Andy Fiffick here,” he said. “We wrapped up some morning things quicker than we thought, so if you want/can come earlier than 1:30 we’re available.”
The state legislature had begun the crucial task of redrawing voting district lines after the 2020 census. Even small changes in the lines can mean the difference between who wins office, who loses and which party holds power. As the process commenced, Clyburn had a problem: His once majority Black district had suffered a daunting exodus of residents since the last count. He wanted his seat to be made as safe as possible. Republicans understood the powerful Black Democrat could not be ignored, even though he came from the opposing party and had no official role in the state-level process. Fortunately for them, Clyburn, who is 82 and was recently reelected to his 16th term, had long ago made peace with the art of bartering.
Tresvant made his way to the grounds of the antebellum Statehouse, a relic still marked by cannon fire from Sherman’s army. The aide carried a hand-drawn map of Clyburn’s 6th District and presented it to Fiffick and the other Republican committee staffers who were working to reconfigure the state’s congressional boundaries.
Some of Tresvant’s proposals appealed to Republicans. The sketch added Black voters to Clyburn’s district while moving out some predominantly white precincts that leaned toward the GOP. The Republicans kept Tresvant’s map confidential as they worked through the redistricting process for the following two months. They looped in Tresvant again near the end, according to public records obtained by ProPublica.
The resulting map, finalized in January 2022, made Clyburn’s lock on power stronger than it might have been otherwise. A House of Representatives seat that Democrats held as recently as 2018 would become even more solid for the incumbent Republican. This came at a cost: Democrats now have virtually no shot of winning any congressional seat in South Carolina other than Clyburn’s, state political leaders on both sides of the aisle say.
As others attacked the Republican redistricting as an illegal racial gerrymander, Clyburn said nothing publicly. His role throughout the redistricting process has remained out of the public view, and he has denied any involvement in state legislative decisions. And while it’s been clear that Clyburn has been a key participant in past state redistricting, the extent of his role in the 2021 negotiations has not been previously examined. This account draws on public records, hundreds of pages of legal filings and interviews with dozens of South Carolina lawmakers and political experts from both sides of the aisle.
While redistricting fights are usually depicted as exercises in raw partisan power, the records and legal filings provide an inside look that reveals they can often involve self-interested input from incumbents and backroom horse trading between the two parties. With the House so closely divided today, every seat takes on more value.
South Carolina’s 2021 redistricting is now being challenged in federal court by the NAACP. The organization contends that Republicans deliberately moved Black voters into Clyburn’s district to solidify their party’s hold on the neighboring swing district, the 1st. A three-judge federal panel ruled in January that aspects of the state’s map were an unconstitutional racial gerrymander that must be corrected before any more elections in the 1st District are held.
But Clyburn’s role already has complicated the NAACP’s case. The judges dismissed some of the group’s contentions partly because Clyburn’s early requests drove some of the mapping changes. The Republicans are now appealing the ruling to the Supreme Court, which has yet to decide if it wants to hear oral arguments in the case.
The redistricting process was the first South Carolina has undertaken since a series of Supreme Court rulings made it easier for states to redraw their districts. In 2013, the high court significantly weakened the Voting Rights Act, removing South Carolina and other Southern states, with their history of Black disenfranchisement, from Department of Justice oversight. And in 2019, the Supreme Court opened the door to more aggressive gerrymandering by barring federal court challenges on the basis of partisanship. But it can be illegal to draw lines based on race. Republican gerrymanders in Florida, Texas and several other states have recently been challenged for targeting Black voters.
The fight over the South Carolina redistricting has exacerbated racial wounds in a state where the growing white population now accounts for about 68% of residents, up from 66% a decade ago. Driven by the immigration of white retirees and a slow emigration of Black people, the state’s Black population has dropped over the years to just over a quarter of its 5.2 million residents. The GOP now controls all major state elected offices except for Clyburn’s seat.
Clyburn’s role highlights an underbelly of the redistricting process: In the South, Black Democratic incumbents have often worked with Republicans in power to achieve their own goals.
Few state Democrats will criticize Clyburn by name on the record. Bakari Sellers, 38, a former state Democratic lawmaker who once served on the redistricting committee, said, “There is a very unholy alliance between many Black legislators and their Republican counterparts in the redistricting process.” Clyburn’s district “is probably one of the best examples.” Moving that many Black voters into Clyburn’s district meant “we eliminate a chance to win” in other districts, he said.
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Clyburn also was willing to help local Republicans. When the family business of George “Chip” Campsen, a top GOP state leader, had a dispute with the National Park Service over how much it owed the federal government, Clyburn co-sponsored a Republican lawmaker’s bill to pressure the service into mediation. The parties then settled in 2002 on favorable terms to the Campsen family company. Clyburn’s office said he did nothing improper. (Campsen did not respond to a question about the deal.)
Clyburn’s ties with Republicans have come in handy during the previous redistricting battle. Clyburn has repeatedly angled to keep a majority Black constituency, according to documents and political observers.
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During the NAACP’s trial, some Republican senate aides said they did not rely on Clyburn’s map. But the staffer for Senate Republicans who was chiefly responsible for redrawing the lines testified that he used it as a starting point. And then the GOP went further. As the redistricting plan made its way through the legislature, Republicans further solidified their hold on the 1st District. Clyburn monitored their progress in calls to Democratic allies, according to two state senators who spoke with him during the period.
A plan proposed by Campsen, the state senator whose family company Clyburn helped years earlier, moved almost all of Charleston County’s Black and Democrat-leaning precincts to Clyburn. The shift gave Clyburn the city of Charleston, where he had deep connections, and consolidated the county’s major colleges and universities into his district, a political plus. The new borders for Clyburn gave him a number of small pockets of Black voters, including about 1,500 in Lincolnville, which juts out of the election map like an old-fashioned door key. “The congressman was hoping to get Lincolnville years and years ago” and finally succeeded in 2022, said the town’s mayor, Enoch dikkerson.
As a result of Campsen’s plan, the Black voting-age population of the 1st District fell to just over 17%, the lowest in the state. In the 2022 election, Mace beat her Democratic opponent by about 38,000 votes — a 14 percentage point landslide, up from her 1 percentage point in the previous election.
Clyburn said nothing publicly as some Democrats in Charleston County, led by former Rep. Joe Cunningham, protested Campsen’s plan. On the Senate floor, Campsen praised Clyburn and said Charleston County would be well served by having both Clyburn and Mace looking out for its interests.
“Jim Clyburn has more influence with the Biden administration perhaps than anyone in the nation,” Campsen said.
As Clyburn monitored the debate, Fiffick kept Tresvant in the loop, texting him again on Jan. 14, 2022, to share a link to the redistricting webpage. It’s unclear why Fiffick sent it.
Campsen’s plan was approved by the legislature and signed by the governor Jan. 26, 2022.