Desena v. Maine, No. 1:11-cv-117 (D. Me.)
A 1975 amendment to the state constitution required Maine to reapportion its districts every 10 years, starting in 1983. After the 2010 census data was completed, Maine’s two congressional districts saw an increased population differential. Instead of having a gap of 23 residents between the two congressional districts as was the case after the previous redistricting cycle, these two districts varied by 8,669 residents. Plaintiffs, who were residents of the larger district, sued the state on March 28, 2011, alleging that the plan from 2003, which was in effect for the 2012 election cycle, was unconstitutionally malapportioned and that the 2012 congressional election could not go forward under these current maps. The Supreme Court has previously held that even “de minimis population variations” can constitute a violation.
The Maine Federal District Court ruled in favor of the plaintiffs, holding that the population deviation between the two districts was significant and was greater than variances previously deemed unconstitutional by the U.S. Supreme Court. The court ordered the Legislature to act quickly and redraw the districts before the 2012 congressional elections. Mem. & Order (June 21, 2011)
On Sept. 27, 2011, at a special session called for this specific purpose, both houses of the Maine Legislature approved legislation adopting new congressional districts based on the 2010 federal decennial census. The Governor signed the bill the next day, no challenges were filed against it, and the Court ordered judgment for plaintiffs. Judgment, sub nom. Desena v. LePage (Nov. 2, 2011).
2010 Redistricting Case Summaries, NCSL (Petter Watson)
