VA Supreme Court Rejects Challenge to Prisoner Reallocation Law

The Virginia Supreme Court has rejected a legal challenge to a state law that changes how prison inmates are counted for purposes of redistricting. The petition for a writ of mandamus from the court had alleged that the Virginia legislature acted outside of the "prescribed constitutional amendment process" when it enacted statutory criteria regarding the reallocation of prisoners. It argued that while the commission along with other redistricting criteria was created through referendum and constitutional amendments, the prisoner reallocation statute was not and thus violates the state constitution. The petition had asked the state supreme court to prohibit the commission…
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Justice Department Issues Guidance on Federal Statutes Regarding Redistricting and Methods for Electing Public Officials

Justice Department Issues Guidance on Federal Statutes Regarding Redistricting and Methods for Electing Public Officials

Press Release: Sept. 1, 2021 Today the U.S. Department of Justice announced the release of a guidance document to ensure state, county, and municipal governments comply with Section 2 of the Voting Rights Act concerning redistricting maps and methods of electing governmental bodies following the release of the 2020 Census redistricting data. “The right to vote is the right from which all other rights ultimately flow,” said Attorney General Merrick B. Garland. “Discriminatory redistricting schemes or election practices threaten that fundamental right and are illegal. The guidance issued today makes clear that jurisdictions must abide by federal laws when redrawing…
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Wisconsin Lawsuit is Third Court Challenge Anticipating a Political “Impasse” for Redistricting Maps

Wisconsin voters join voters in Pennsylvania and Minnesota by initiating litigation in anticipation of a political impasse between the legislative and executive branches in the map-redrawing process. A group of voters filed suit on Friday - less than one day after 2020 census numbers were released to kick off the nationwide redistricting process. Claiming that there is "no reasonable prospect that Wisconsin's political branches will reach consensus to enact district plans in a timely manner," the plaintiffs are asking a federal district court to intervene to establish redrawn congressional and state legislative districts. The complaint points out that "In the…
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Parties Debate Timeliness of Lawsuit in PA Congressional Map Challenge

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…
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Watch: CNN Interview with UC Irvine Law Professor Rick Hasen Discussing Supreme Court’s Voting Rights Decision in Brnovich

Watch: CNN Interview with UC Irvine Law Professor Rick Hasen Discussing Supreme Court’s Voting Rights Decision in Brnovich

In a CNN interview, University of California Law Professor Rick Hasen, author of the popular Election Law Law Blog, explains his take on the Supreme Court's Brnovich decision regarding Section 2 of the Votings Rights Act of 1965. Also below, is his blog post analyzing the decision shortly after the decision was handed down on Thursday. Read the Brnovich opinion here. https://vimeo.com/570075479/cee7c476e7 ELECTION LAW BLOG: Breaking and Analysis: Supreme Court on 6-3 Vote Rejects Voting Rights Act Section 2 Case in Brnovich Case— A Significant Weakening of Section 2 The Supreme Court, in a 6-3 decision, has severely weakened Section…
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Supreme Court Upholds Arizona Voting Laws Against Sec. 2 Voting Rights Challenge in Brnovich

The U.S. Supreme Court issued its opinion today overturning a lower court's decision striking down two Arizona voting laws under Section 2 of the Voting Rights Act of 1965. The two laws the court upheld restricted out-of precinct voting and certain ballot collection activities in Arizona. Many experts view this as a severe weakening of the Voting Rights Act's protections for minority voters. The Court did seem to distinguish its interpretation of Section 2 in this case, from how it is applied in minority vote dilution redistricting map cases. Read the opinion here. The two voting laws at issue require…
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Federal Court Rejects Alabama’s Census Lawsuit

An Alabama federal district court has rejected the State of Alabama's lawsuit requesting that the U.S. Census Bureau refrain from using the differential privacy method to modify individual census responses and move up the release of census data. Read the opinion here. The case in all likelihood will be appealed directly to the U.S. Supreme Court. The court writes: "On March 10, 2021, the State of Alabama, Congressman Robert Aderholt, and two Alabama voters (collectively, “Plaintiffs”) brought this suit against the U.S. Department of Commerce (“the Department”), the U.S. Bureau of the Census (“the Bureau”), and certain federal officials (collectively,…
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Illinois Minority Leaders Challenge State Legislative Map Drawn with Census Survey Data

On June 4, Democratic Governor J.B. Pritzker signed a state legislative district map drawn and approved by the Democratic majority in the legislature. The Senate and House minority leaders have in turn sued to have the map overturned in federal court on account of the data that was used for balancing population between districts was census 'survey' estimate data (from the American Community Survey (ACS)), and not the hard count data historically used for redistricting. Read the complaint here. The controversy stems from the months-long delay in delivery of redistricting population data by the Census Bureau due to the Covid-19…
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Federal Court Dismisses Alabama Challenge to Including Illegal Immigrants in Apportionment Results

On Monday, a federal district court in Alabama dismissed a lawsuit challenging the U.S. Census Bureau's practice of including the "whole number of persons in each state" in the census counts for apportionment. The state of Alabama had filed the challenge to block the inclusion of unlawful immigrants in the apportionment count, but the recently announced apportionment results played a role in the case dismissal. According to Alabama, the Final "2020 Census Residence Criteria and Residence Situations Rule" promulgated by the U.S. Census Bureau on February 8, 2018, provides that foreign nationals living in the U.S. will be counted in…
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The National Urban League (et al.) Agreed to Settle its Lawsuit Seeking to Slowdown the Census Work Plan. Here are the Details of the Agreement.

On Thursday, the federal district court overseeing litigation challenging the U.S. Census Bureau's handling of 2020 Census data collection and post-processing, issued an order to dismiss the case with detailed stipulations for all parties involved. The lead plaintiff, The National Urban League and various other entities In National Urban League v. Raimondo have agreed to cease litigation in return for regular and robust assurances that 2020 Census data will be processed carefully and accurately. Below is a summary of the stipulations and selected quotes from the court's order. " . . .the parties agree that rather than continuing to dispute…
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