Enacting a Redistricting Map
Not much has been written about the process of adopting and legally enacting a redistricting map but it is an important process that varies in each state. Here are the aspects of enacting a redistricting plan that are important to establish a legal, fully executed redistricting map.
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Deadlines for Adoption
Many states have specific deadlines for enacting redistricting maps. Many of those deadlines fall in the 2nd year after the census. If there is no specified deadline in state law, any voter in a state will have standing to sue in court with a claim that the current district map is malapportioned, or in violation of equal population requirement. Deadlines notwithstanding, most courts would side with the plaintiff if the legislature or other redistricting authority has not enacted a map before elections in the second year after the census.
Voting Rules and Other Procedures
Redistricting maps may require supermajorities for adoption by the legislature and commissions may have rules requiring members from both parties to be in favor of a map. In Colorado, to enact a map, the redistricting commission must approve it with a two-thirds majority and at least two commissioners that are unaffiliated with either major party must vote for adoption.
In Maryland, the governor is constitutionally required to present a state legislative map to the legislature in the second year after the census. The map / plan is automatically enacted into law unless the legislature votes adopts an alternate map within 45 days.
Format of Enactment
One arcane legal question presents itself whenever new district boundaries are enacted into law; What is the legal description of the new map? That is, what goes into the state statute? A picture of a map? A description? Both?
The answer is that it varies, but the answer is important for individuals seeking the legal description of a plan. There are two general approaches to legal descriptions of redistricting plans; written and electronic.
Written Descriptions: The oldest method is called “metes and bounds,” and is a narrative description using landmarks and other visible features. This method is akin to legal property descriptions used by surveyors. A more modern method that is gaining popularity among states is a listing of the plan's census geography. This is possible because redistricting is done on GIS software, which can easily list all of the census blocks, precincts, tracts etc., in each district. This method places the list right into the statute and makes it easier for anyone with access to GIS or the internet, to reconstruct the map.
Statute Language Samples for Redistricting Maps
Electronic Descriptions: Much like the census geography listing, a “census block equivalency” or “block assignment” file could also be used as the legal description if it is referenced in statute. The file itself is an Excel (or other database program) file with just two columns. The first column lists all the census blocks in the state or (locality), and the second column identifies what district it is assigned to. This file is easily readable by any GIS software and can allow anyone to reproduce the map in just a few minutes. Less common, is reference to an electronic map file called a “shape file.” A shape file is the visual equivalent of the block assignment file and can be referenced in the same way.
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