Major litigation against Kansas’ redistricting maps has concluded however a key case against a local subdivision remains active and has just garnered significant support from a recent U.S. Supreme Court decision.
Congressional and State Senate and House Maps
The congressional map adopted by the legislature, known as the “Ad Astra 2” map – was vetoed by Democratic governor Laura Kelly. The map was nevertheless enacted on Feb. 9, 2022 after a successful veto override vote in both chambers of the legislature. One key feature of the Ad Astra 2 map was its splitting of Wyandotte County – home to Kansas City – into two congressional districts for the first time in several decades.
Three lawsuits were filed and consolidated by a state court. All of them alleged excessive partisan gerrymandering by cracking Democratic voters across the state and eliminating an entire Democratic congressional district, which resulted in the dilution of Black and Hispanic voting power. (see Rivera v. Schwab in the case library)
On Apr. 25 2022, the trial court concluded that the Ad Astra 2 map constituted an intentional and effective partisan gerrymander in violation of various sections of the Kansas Constitution. In addition, the court found that the map diluted minority votes in violation of the Kansas Constitution’s equal rights and political power clauses. The ruling was immediately appealed and ultimately the Kansas State Supreme Court reversed the lower court in May of 2022 noting the “absence of express standards codified in either the Kansas Constitution or in Kansas law constraining or limiting the Legislature’s use of partisan factors in drawing district lines.” In short, it was an allowable partisan gerrymander. You can watch the oral argument in the state Supreme Court here.
The state Senate and House maps went through a much less controversial process for approval. Gov. Kelly signed the new state legislative districts into law in mid-April of 2022. State law requires that state legislative districts be examined and approved by the State Supreme Court, which it did in short measure in May of 2022.
Pending: Voting Rights Act Claims Against Dodge City At-Large Districts
In December of 2022, litigation was started to challenge the at-large election system used by Dodge City to elect commissioners to the Commission. (Coca v. Dodge City) The claim is that this system for electing commissioners impermissibly denies Latino citizens in Dodge City an equal opportunity to participate in the political process and to elect candidates of their choice. This is a claim under Section 2 of the federal Voting Rights Act. So far, the federal district court hearing the case has rejected most of the motions to dismiss the case by the city. This means that the case will likely move forward toward a trial. The U.S. Supreme Court decision in a similar Alabama case (Allen v. Milligan), will likely bolster the prospects of the plaintiffs in this case.
For news, litigation documents, district maps, and more information about Kansas Redistricting, visit the Kansas Redistricting Almanac Page. The Almanac home page for all 50 states is here.
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