Georgia Redistricting Update (Jan. 10, 2024)

By EditorJan 10, 2024

On October 26, 2023, a U.S. District Court ordered Georgia's legislative and congressional districts to be redrawn before the 2024 election. The legislature had passed those maps in 2021 following the 2020 census. The litigation includes three sets of plaintiffs and the court ultimately found that the legislature's maps violated Section 2 of the Voting Rights Act. Among other findings, the court noted convincing evidence that the political process in Georgia was not equally accessible to Black voters when compared to their White counterparts. This being the case, the prophylactic measures prescribed in Section 2 of the Voting Rights Act were necessary…

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Watch: George Wash. University’s Peyton McCrary Discusses Voting Rights, Alabama, and SCOTUS on C-SPAN

By EditorAug 22, 2023

From CSPAN.org's Washington Journal: Peyton McCrary on the Supreme Court and Voting RightsOn Monday, Peyton McCrary discussed the impact of the Supreme Court’s 5-4 decision on Allen v. Milligan, which upheld Section 2 of the Voting Rights Act. The challenge was brought by minority voters in Alabama following the redrawing of the state's congressional districts after the 2020 census. McCrary, now a professorial lecturer at George Washington University Law School, retired as a historian in the Civil Rights Division of the United States Department of Justice in 2016. Since leaving government service, he has testified as an expert witness in…

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Update: Status of New Hampshire Redistricting Litigation(July 2023)

By EditorJul 21, 2023

New Hampshire reportedly was the last state to complete redistricting for the 2020 cycle after the legislature and governor failed to agree on a map. The political struggles surrounding the enactment of a congressional map have given way to legal challenges against the state senate and house maps. Details below. Congressional Map The New Hampshire State Supreme Court took jurisdiction in case of an impasse over the congressional map in April of 2022. (Norelli v. Scanlan) The legislature presented two maps to the governor - one in March and another in May - both of which the governor announced his…

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Utah Supreme Court Requests Additional Briefing in Partisan Gerrymandering Challenge

By EditorJul 19, 2023

The Utah Supreme Court seemed to be grappling with the issue of the citizen's right to initiative versus the legislature's right to enact laws. After oral argument in a case alleging that the 2021 congressional district map was a partisan gerrymander, (see League of Women Voters of Utah v. Utah State Legislature) the question arose of whether the legislature had the right to repeal a statute with anti-gerrymandering provisions (Proposition 4) - which it did in 2020. In October of last year, the trial court dismissed the claims regarding the Utah Legislature’s repeal of Proposition 4 but allowed the League's…

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Watch: Utah Supreme Court Oral Argument in Congressional Map Partisan Gerrymandering Case

By EditorJul 18, 2023

The Utah Supreme Court heard oral arguments in a partisan gerrymandering challenge to the state's 2021 congressional map. The case is League of Women Voters of Utah v. Utah State Legislature. Watch on YouTube. For news, litigation documents, district maps, and more information about Utah Redistricting, visit the Utah Redistricting Almanac Page. The Almanac home page for all 50 states is here. Find us on:

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Update: Status of Kansas Redistricting (July 2023)

By EditorJul 17, 2023

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 MapsThe 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…

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ELB Podcast: U.S. Democracy and the Independent State Legislature Theory after Moore v. Harper

By EditorJul 05, 2023

Listen to the Election Law Blog Podcast's voting rights roundtable discussion of Moore v. Harper. Derek Muller, Carolyn Shapiro, Bertrall Ross, and Rick Pildes discuss what the recent U.S. Supreme Court decision means for future elections. https://soundcloud.com/rick-hasen/elb-podcast-410?si=22034ab3b3ea4e24bb0205f33a2ffbc4&utm_source=clipboard&utm_medium=text&utm_campaign=social_sharing Find us on:

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U.S. Supreme Court Rejects Exclusive Power of State Legislatures to Draw Redistricting Maps in NC Case

By EditorJun 29, 2023

On Tuesday the U.S. Supreme Court held that state legislatures do not have exclusive and independent authority to set the rules regarding federal elections under the U.S. Constitution's Elections Clause. This idea had been dubbed the "independent state legislature theory." Practically speaking, this decision affirmed the North Carolina Supreme Court's authority to review the state legislature's congressional districting plans for compliance with the state constitution. You can read the opinion in Moore v. Harper here. Post Decision Analysis For a short history of the case and what it means for North Carolina and other states, listen to the CSPAN interview…

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How Will the Alabama SCOTUS Decision Affect Litigation in Other States?

By EditorJun 15, 2023

The Supreme Court's somewhat "unexpected" ruling on the Section 2 challenge to Alabama's congressional district map has led to questions about what effect it will have in states with ongoing Section 2 litigation. Below are some articles that ask and attempt to answer the question of how the Alabama decision will affect litigation in those states. Texas Litigation: Where Texas redistricting lawsuits stand after U.S. Supreme Court ruling in Alabama case. (Texas Tribune) Arkansas: Plaintiffs hope SCOTUS decision in Alabama case bodes well for Arkansas redistricting lawsuits. (ualrpublicradio.org/) Georgia: Redistricting: Court ruling against Alabama's racially redistricted map could affect Georgia.…

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U.S. Supreme Court Makes “Surprise” Decision Striking Alabama’s Congressional Map

By EditorJun 09, 2023

On Thursday the U.S. Supreme Court upheld an Alabama District Court's preliminary injunction against the state's 2021 Congressional map on grounds that it diluted the votes of Black voters in the state in violation of Section 2 of the Voting Rights Act. The 5-4 decision ensures that Alabama's 7 district congressional map, which included only one with a majority of Black voters - will have to be redrawn to include an additional minority Black district. African Americans make up more than a quarter of the state’s population. The decision has implications for Georgia, Louisiana, and Texas as well. It is…

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