A group of voters in Pennsylvania started the 2020 litigation cycle early by suing in Pennsylvania state court over the state’s congressional map. The lawsuit presumes that the state legislature will not have enough time to enact a congressional map given its history of gridlock and a severely shortened mapmaking schedule due to late census redistricting data. It is asking the court to take jurisdiction now to avoid delays in redrawing congressional districts. The case is Carter v. Degraffenreid. Read the complaint here. The lawsuit was filed in April of 2021. This is an update on the status of the case.
The plaintiffs are several residents that identify as Democratic voters from around the state and appear to be supported by various progressive advocacy organizations. The crux of their case is that the court should get involved sooner rather later to ensure that a redrawn map is in place for primaries in 2022.
The State has filed preliminary objections arguing that the claim is not ripe and the plaintiffs have no standing since it is not a foregone conclusion that the legislature will fail to act. It points out that the “General Assembly should have sufficient time to prepare proposed maps, seek public feedback on them, and negotiate a resolution that garners bipartisan support, should its leaders choose to do so.” In the Dept of States’ estimation, in order to properly prepare for the 2022 primaries, it would need to receive a “final and legally binding” congressional district map by Jan 24, 2022. If for example, the state contends – “the General Assembly acts promptly after receipt of [census] legacy format files, it could publish tentative proposed maps by late Sept 2021, move a bill through the legislative process in October and November 2021, and present a map to the Governor’s office by the middle of Dec 2021.”
Plaintiffs on the other hand argue in an Aug. 2nd filing that gridlock is all but certain given that the Republican legislature does not have a supermajority to override the veto of a Democratic governor. They also point to delayed map-drawing in previous redistricting cycles. Pennsylvania is losing 1 of its 18 congressional districts as a result of the 2020 apportionment results. The Republican Party of Pennsylvania, individual Republican voters and Republican leaders in the legislator have all filed motions to intervene as parties to lawsuit.
