A panel of three federal judges appointed federal magistrate judge Roanne Mann to implement a map. [279][280], On August 24, 2017, Judges Smith, Garcia, and Rodriguez issued a unanimous ruling finding that the 2013 maps for the following state House districts had been drawn with racially discriminatory intent on the part of the legislature:[281], Paxton announced that he intended to appeal the decision. All of which means that gerrymandering is fueling much of the polarization and extremism in American politics. Congressional elections in 2012 and 2014 took place under the congressional map approved in 2012. On January 21, 2018, state Republican lawmakers filed a motion requesting that the court stay its order pending an appeal to the Supreme Court of the United States. The court appointed Columbia University law professor Nathaniel Persily. Some are made up of equal numbers of Republicans, Democrats and independents. PDF POWER - NAACP Legal Defense and Educational Fund Im confident, and most of the lawyers who practice in this area [of law] are confident that the [U.S.] Supreme Court, when they look at the case, because it has been appealed up there, will uphold the findings of the federal court that this is unconstitutional. In Delaware and Maryland, federal inmates were to be counted using the same standard as state inmates, and in New York, they were excluded from all district population counts.[11]. The court ordered the state to enact a remedial plan by June 14, 2019. On February 9, 2012, the state legislature approved a state legislative redistricting plan via joint resolution. If that plan were not used this year, they contended, it could mean that the 2012 plan could not be replaced by a valid plan until the 2018 elections. Consequently, the state's courts were asked to intervene and adopt a new congressional map. NCDP applauds the special master for doing just that, and for giving voters in the affected districts a chance to pick their representatives again instead of the other way around. It is at this moment that politicians choose their constituencies, rather than theconstituencies choosing the politicians. A C. 10. District locations and numbers differ between the two maps. [29], On November 1, 2011, the chair of the redistricting commission, Colleen Mathis, was impeached for alleged violations of the state's Open Meetings Law. . [265][266][35], In January 2012, the Supreme Court of the United States struck down the interim maps drawn by the district court, ruling that the court had exceeded its authority. Yes, and this is one way that redistricting becomes so politicized. Well get to that later. NCSL helps draft bills, organize workshops and convene legislative-executive teams. The matter was brought before the New Mexico First Judicial District Court, which issued an opinion establishing new state House district lines on January 3, 2012. That opportunity might allow incumbents to createdistricts that are particularly favorable to them on personal grounds. The governor is assisted by an advisory commission that is appointed solely by the governor. Pending appeals, the remedial map was slated to apply to the 2019 election cycle. The Illinois State Senate approved the plan on May 31, 2011, and Governor Pat Quinn (D) signed it into law on June 24, 2011. Districts where people of color are in the majority are often referred to as V.R.A. D) must be approved by the highest court in each state. ), Intervenors' proposal (i.e., a group of Republican candidates, party officials, and activists), United States District Court for the Middle District of Pennsylvania, Redistricting in Rhode Island after the 2010 census, Redistricting in South Carolina after the 2010 census, United States District Court for the District of South Carolina, Redistricting in South Dakota after the 2010 census, Redistricting in Tennessee after the 2010 census, Redistricting in Texas after the 2010 census, United States District Court for the Western District of Texas, United States Court of Appeals for the 5th Circuit, unconstitutionally diluted the voting rights of racial minority groups, Redistricting in Utah after the 2010 census, Redistricting in Vermont after the 2010 census, Redistricting in Virginia after the 2010 census, United States District Court for the Eastern District of Virginia, Alabama Legislative Black Caucus v. Alabama, Bethune-Hill v. Virginia Board of Elections, Redistricting in Washington after the 2010 census, Redistricting in West Virginia after the 2010 census, United States District Court for the Southern District of West Virginia, Redistricting in Wisconsin after the 2010 census, United States District Court for the Eastern District of Wisconsin, United States District Court for the Western District of Wisconsin, Redistricting in Wyoming after the 2010 census, Map of Redistricting websites for each State, Purdue University List of State Redistricting Web sites, State legislative and congressional redistricting, Partisan balance of redistricting committees, https://ballotpedia.org/wiki/index.php?title=State_Legislative_and_Congressional_Redistricting_after_the_2010_Census&oldid=8738962, District maps enacted after the 2010 Census, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. Meanwhile, Republicans were critical of the map and the process that led to its adoption. On December 5, 2011, the Colorado Supreme Court unanimously affirmed the lower court's decision. However, because Section 5 only applies to jurisdictions covered by 4(b), Section 5 is effectively rendered inoperable unless Section 4(b) is replaced.[10]. "Redistricting is the process of drawing electoral district maps. Section 5 provides that the jurisdictions identified in Section 4 be subject to preclearance, which means that they must seek approval from the United States Attorney General of the U.S. District Court for the District of Columbia prior to making changes to their voting laws. With fewer state governments divided by party than in years past, GOP has edge in redistricting. [297][298][299][300][301], Judge Robert Payne dissented. However, the district court was directed to reconsider its order for special elections in 2017, with the high court finding that the district court had not conducted the proper analysis in determining its remedy. Democrats in Illinois have drawn a new congressional map that could give them 14 of the states 17 House seats. The legislature revised the state Senate map on March 27, 2012, and it was approved by the state supreme court. Redistricting: An Academic and Legal Perspective - United States On August 11, 2016, the United States District Court for the Middle District of North Carolina ruled that North Carolina's state legislative district map constituted an illegal racial gerrymander. The legislature made technical corrections to the new congressional and state legislative district maps on November 7, 2011. [265][266][35], Texas Attorney General Greg Abbott petitioned a three-judge panel at the United States Court of Appeals in Washington, D.C., for preclearance of the redistricting plans. How Redistricting Affects The Battle For State Legislatures In the election that followed, Democrats lost District 4, marking the first time since Reconstruction that Democrats had not held at least one of the state's congressional seats. The district court panel overseeing the case issued an order adopting Persily's recommendations on January 19, 2018. It determines which party controls Congress and state and local governments across the country. The tables below compares the success rates of legislatures and commissions at having redistricting plans approved, either without court challenges or withstanding court challenges. On June 8, 2011, Governor Robert Bentley (R) signed the map into law. This opinion was joined by Chief Justice John Roberts and Associate Justice Anthony Kennedy. On April 11, 2012, the court accepted the redrawn districts. Soon after the plan passed in the Senate, the House approved the new plan. On June 21, 2013, the state legislature approved permanent congressional and state legislative redistricting plans. [140], On August 30, 2017, the remedial House and Senate district plans (HB 927 and SB 691, respectively) became law. 13 Q (p. 334) Redistricting A. happens every 4 years. "[17][18], A three-judge federal district court panel rejected the challenge, but the case was appealed to the United States Supreme Court. On October 30, 2017, Republican lawmakers filed a motion objecting to the appointment of Persily as special master; they argued that there was ample time for the state legislature to make any court-ordered amendments to the maps before the 2018 candidate filing period. Abbott appealed this decision to the Supreme Court of the United States, which ordered a stay of the San Antonio court's ruling, effectively forcing Texas to delay its primary until May. Persily, at the direction of the court, made minimal changes, shifting 28,975 people between districts. On February 4, 2019, Associate Justice Sonia Sotomayor denied this request, clearing the way for a trial to commence on February 5, 2019. For the . [271][272], On July 10, 2017, a federal trial addressing the constitutionality of the district maps adopted by the legislature in 2013 began, with Judges Orlando Garcia and Xavier Rodriguez (both of the United States District Court for the Western District of Texas) and Judge Jerry Smith (of the United States Court of Appeals for the 5th Circuit) presiding. The latest round includes: the submission, within the past few days, of more than a dozen sophisticated redistricting plans; the lack of an opportunity for critical evaluation by all of the parties; the adoption of a judicially created redistricting plan apparently upon advice from a political scientist who has not submitted a report as of record nor appeared as a witness in any court proceeding in this case; and the absence of an adversarial hearing to resolve factual controversies arising in the present remedial phase of this litigation. [84][85], On August 30, 2011, the advisory redistricting commission submitted its recommendation for new congressional districts. The plaintiffs alleged that the new district lines constituted a partisan gerrymander in favor of Democrats. [The map] centers [District 3] in Hampton Roads. What is Redistricting and Why Should We Care? | ACLU Partisan mapmakers often move district lines subtly or egregiously to cluster voters in a way that advances a political goal, like helping their party or bolstering an incumbents chances of re-election. [252][253][254][255][256], On March 19, 2018, the three-judge panel ruled unanimously to dismiss the complaint. This is a common tactic in densely populated areas, and is often described as pizza slicing, as if the city were the center of a pizza cut up narrowly at the urban core along lines radiating outward. NCSL staff are prepared to visit your state to work with legislators and staff on almost any public policy issue or issue related to the management of a legislature. On February 21, 2018, opponents filed another suit in state court challenging the legality of the remedial Wake County district maps (House Districts 36, 37, 40, and 41). Racial gerrymandering was forbidden, and states with a history of discrimination at the polls had to get clearance from the Justice Department before changing voting laws or drawing new maps. Apportioning keeps a map of districts fixed and assigns a number of seats to each district according to its population. If we draw the districts like this, Blue holds a majority in all five districts. The decision did not apply to the remedial districts adopted in 2013. October 21, 2021 First, new districts must be drawn when a state gains or loses congressional districts as a result of the apportionment of congressional districts to the states. On November 11, 2011, a group of Democratic voters challenged the new congressional and state legislative district maps in federal court, alleging that the new maps constituted "unlawful racial gerrymandering and a violation the Voting Rights Act." In March 2011, two citizens challenged this provision in federal court, arguing that the delay "violated the Constitution since it left in place for one election districts that were not of equal population." The state gained a seat in reapportionment, and the Democrats who control the State Legislature decided to grab it. [195][196], On September 3, the court issued its ruling, striking down the state's legislative district plan as an impermissible partisan gerrymander under the state constitution. The plaintiffs asked that the court bar the state from using the maps in the 2020 election cycle. The majority opinion read, in part, as follows:[238], Chief Justice Thomas Saylor filed a dissenting opinion, which read, in part, as follows:[239], Justices Sallie Mundy and Max Baer also penned individual dissents. February 9, 2018: Deadline for the state legislature to submit a remedial district plan to the governor, February 15, 2018: Deadline for the governor to submit a remedial plan to the state supreme court, February 19, 2018: "The Executive Branch Respondents are advised to anticipate that a congressional districting plan will be available by February 19, 2018, and are directed to take all measures, including adjusting the election calendar if necessary, to ensure that the May 15, 2018 primary election takes place as scheduled under that remedial districting plan. The court did not issue a full decision on the merits, stating that "disruptions to the election process need not occur, nor may an expedited schedule for summary judgment or trial even be needed, should the General Assembly, on its own initiative, act immediately and with all due haste to enact new congressional districts." [128][129][130], Associate Justice Samuel Alito wrote an opinion that concurred with the majority opinion in part and dissented in part. The plaintiffs appealed this decision to the Missouri Supreme Court, which ordered the trial court to reconsider the case. All that zigging and zagging is gone, and it makes Delaware County a competitive seat now." In 2010, Republicans won control of both chambers of the state legislature. The high court ruled 5-4, with Chief Justice John Roberts penning the majority opinion, joined by Associate Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh. For these 11 districts, the high court remanded the case to the district court for reconsideration. A trifecta occurs when one political party occupies these three positions in a state government: In states where legislatures and governors dominate the redistricting process, a party's trifecta status can be determinative. On August 28, 2017, the Senate passed SB 691, the Senate redistricting plan, and sent it to the House. Congressional redistricting is a vital and politically charged issue. [203][204] The high court granted the stay on May 24, 2019. [116], Following the 2010 United States Census, Nevada gained one congressional seat. [340][341][342], In response to the ruling, Bill Whitford, a plaintiff in the suit, said, "The discouraging thing is just the delay. However, the district court was directed to reconsider its order for special elections in 2017, with the high court finding that the district court had not undertaken the proper analysis in determining its remedy:[164], On July 31, 2017, the United States District Court for the Middle District of North Carolina issued an order denying the plaintiff's request for a special election using a new district map in 2017. Because plaintiffs have shown that race predominated in Virginias 2012 plan and because defendants have failed to establish that this race-based redistricting satisfies strict scrutiny, we find that the 2012 plan is unconstitutional and will require the commonwealth to draw a new congressional district plan. Judge William Osteen wrote an opinion that concurred in part and dissented in part. (p. 333) Redistricting happens after the census, which is conducted every \_\_ years. "[131], On September 4, 2018, the district court announced it would not order changes to the map before Novembers election, finding that imposing a new schedule for North Carolina's congressional elections would, at this late juncture, unduly interfere with the State's electoral machinery and likely confuse voters and depress turnout. On October 1, 2018, the defendants appealed the district court's decision to the United States Supreme Court, which agreed to take up the case and scheduled oral argument for March 26, 2019. The stay applied to five revised state House districts in Wake and Mecklenburg counties (four in Wake County, one in Mecklenburg). On July 9, 2018, state Republicans petitioned the Supreme Court of the United States to stay the district court's order pending an appeal of that court's decision. The Enacted Plan also injures Plaintiffs First Amendment right to association by discriminating against them and their political party and subjecting them to 'disfavored treatment by reason of their views.'" [273][274][275], On August 15, 2017, Judges Smith, Garcia, and Rodriguez issued a unanimous ruling finding that the 2013 maps for congressional districts 27 and 35 had been drawn with racially discriminatory intent on the part of the legislature. We can draw them to fairly reflect the population: Blue gets three seats, Red gets two seats. I don't think we'll have any difficulty meeting the burdens the court asked us to meet." "[276][277][278], On August 17, 2017, Paxton announced that he had initiated an appeal of the decision to the Supreme Court of the United States. Lets look at a simple illustration. The congressional district plan was not subject to litigation. On February 27, 2012, the New Mexico First Judicial District Court issued its second state House redistricting plan, which stood. A lot can and has been said about the 2011 Plan, much of which is unflattering and yet justified. At the time of redistricting, Republicans held majorities in both chambers of the Missouri General Assembly.
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