Second Court Rewords Missouri Redistricting Ballot Amendment Language

By Michelle DavisSep 01, 2020

A county circuit court judge ruled earlier last month that the wording of a ballot measure authored by the Republican legislature was “misleading” in an effort to “entice” voters into repealing an anti-gerrymandering reform measure approved by voters in 2018. This week a Missouri Appeals Court affirmed the lower court ruling that the original ballot language was misleading but it reworded the circuit court’s rewrite as well. You can read all three versions below. The circuit court replaced the ballot summary language for Amendment 3 to make clear that if the measure is approved, it would reverse the 2018 measure.The…

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Second State Invalidates Redistricting Map Based on Common State Constitutional Provision

By Michelle DavisSep 05, 2019

September 5, 2019 “the Free Elections Clause of the North Carolina Constitution guarantees that all elections must be conducted freely and honestly to ascertain, fairly and truthfully, the will of the People and that this is a fundamental right of North Carolina citizens, a compelling governmental interest, and a cornerstone of our democratic form of government.” These are the words of the three-judge panel in North Carolina's state trial court. Following Pennsylvania's lead in League of Women Voters of Pa. v. Pennsylvania, which invalidated that state's congressional map - The North Carolina court gave legislative leaders until September 17th to…

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The Supreme Court’s Less Than Graceful Exit from the Thicket

By Michelle DavisJun 27, 2019

The long-awaited partisan gerrymandering decision has come down from the nation's highest court. A 5-4 majority decided to exit the "political thicket" and leave the policing of political gerrymandered redistricting maps to the States, commissions, congress; anybody, except the nine of them. Below are brief excerpts (with explanation) from the both the majority opinion and a passionate dissent from Justice Kagan in the consolidated cases of Lamone v. Benisek, ET Al. (Maryland) and Rucho v. Common Cause, ET Al. (North Carolina). Read the entire case here. The Court: Partisan gerrymandering claims present political questions beyond the reach of the federal…

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SCOTUSblog Symposium in Anticipation of Oral Arguments in Partisan Gerrymandering Cases

By Michelle DavisFeb 25, 2019

. The Supreme Court will hear oral argument in two key partisan gerrymandering cases on March 26; one from Maryland (Benesik v. Lamone) and one from North Carolina (Rucho v. Common Cause). In preparation for these arguments, the editors at SCOTUSblog hosted this pre-argument symposium featuring a group of experts on redistricting law. Here is a quick summary of each contributor's essay. You can click to read each article in full. . Justin Levitt: Suggests that the unconstitutionality of excessive partisan gerrymandering follows from the fact that there is widespread agreement (in the legal community) that any State law that…

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Federal Court Rejects a Citizenship Question for the 2020 Census

By EditorJan 15, 2019

A New York federal district court has rejected the administration's bid to place a citizenship question on the upcoming 2020 census. The U.S. Department of Commerce, which is the main defendant in the lawsuit, will most likely appeal this decision but this just deepens the legal, financial and operational challenges that the Census Bureau must endure just under 15 months away from the 2020 census, the data from which, states and local governments will use to redraw electoral lines. NPR lists the possible effects that the current government shutdown and this lawsuit will have on census 2020 planning here. Read…

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MD and NC Partisan Gerrymandering Cases Return to the U.S. Supreme Court

By Michelle DavisJan 08, 2019

On January 4th, the U.S. Supreme Court took up two long-standing partisan gerrymandering challenges on appeal from two federal district courts; one in Maryland and the other in North Carolina. The question in both of these cases was not whether there was partisan gerrymandering in the making of these maps. Instead it was whether this type of partisan gerrymandering is constitutional or not. The high court has seemed to duck and weave whenever it has been presented with this question in the past, but this time it feels different. Below is a little background to provide some context for the…

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Maryland’s Sixth District Ruled a Partisan Gerrymander by Federal District Court

By Michelle DavisNov 14, 2018

On November 7th, after managing a protracted series of procedural issues involving a lawsuit that was initially filed in 2013, a federal district court panel invalidated Maryland's 6th congressional district on grounds that it was an unconstitutional partisan gerrymander. Maryland has until early March 2019 to enact a new congressional map or the court will create its own commission to do so. This case is notable since the court overturned the map on 1st amendment grounds instead of the 14th amendment, which until recently had been the basis for most if not all partisan gerrymandering challenges. (more…)

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Supreme Court Declines to Hear Pennsylvania Republican’s Congressional Map Appeal

By Michelle DavisNov 01, 2018

On Monday, the U.S. Supreme Court denied certiorari to Republican lawmakers in the Pennsylvania legislature after a January ruling by the Pa. State Supreme Court invalidating the congressional map enacted by the body in 2011. (more…)

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Listen to the NCSL Webinar on Recent Supreme Court Gerrymandering Decisions

By EditorJul 24, 2018

Last week the National Conference of State Legislatures hosted this webinar on the recent Supreme Court Partisan Gerrymandering decisions. You can watch/listen below. The discussion gives good insight into the current posture of the litigation in Wisconsin and Maryland and other states. (more…)

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Michigan State Supreme Court Hears Argument on Commission Ballot Initiative

By EditorJul 24, 2018

Last week, the Michigan State Supreme Court heard oral arguments in a case that pits redistricting reform advocates at odds with opponents about whether to allow a proposal for an independent redistricting commission on the ballot this election year that would amount to a sweeping reform of the redistricting process if approved by Michigan voters. (more…)

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