Ohio Supreme Court Invalidates 2021 Senate and House Maps. Gives Commission 10 Days to Draw New Maps

By EditorJan 12, 2022
On Wednesday, Jan. 12th, The Ohio Supreme Court invalidated Republican-drawn state House and Senate district maps as partisan gerrymandering under the Ohio Constitution. The justices struck down the maps in a 4-3 decision, sending the maps back to the Commission with just a 10-day window to redraw the maps. Read the opinion below. "We hold that the plan is invalid because the commission did not attempt to draw a plan that meets the proportionality standard in Article XI, Section 6(B). We also conclude that the commission did not attempt to draw a plan that meets the standard in Section 6(A)—that…
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North Carolina’s Redistricting Maps Upheld by State Trial Court

By EditorJan 12, 2022
On Wednesday, Jan. 11th a North Carolina state trial court upheld the congressional and state legislative maps drawn by the Republican-dominated legislature in Nov of 2021. Read the opinion and excerpts below. Here is a breakdown of the court's conclusions of law regarding each allegation: Partisan Gerrymandering in Violation of the NC Constitution's Free Elections Clause: "The Free Elections Clause does not operate as a restraint on the General Assembly’s ability to redistrict for partisan advantage." Equal Protection Clause of the NC Constitution: "The Court finds that the plans are amply supported by arational basis and thus do not violate…
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Ohio Redistricting Maps Attract 3 Partisan Gerrymandering Lawsuits in 4 Days. Read Them Here.

By EditorSep 29, 2021
The recently passed Ohio State redistricting maps have so far drawn three lawsuits; each of them claiming the map is a brazen partisan gerrymander. Here is a look at all three complaints. The first lawsuit was filed by the ACLU on behalf of the League of Women Voters of Ohio and the Ohio chapter of the African American trade union group the A. Philip Randolph Institute, as well as a group of individual Ohio voters. Read the complaint here. The second lawsuit filed is backed by former U.S. Attorney General Eric Holder's National Redistricting Action Fund, the 501(c)4 of the…
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Ohio Redistricting Commission Maps Challenged in State Supreme Court as “Brazen” Partisan Gerrymander

By EditorSep 24, 2021
On Thursday, a lawsuit was filed by the ACLU on behalf of the League of Women Voters of Ohio and the Ohio chapter of the African American trade union group the A. Philip Randolph Institute, as well as a group of individual Ohio voters, challenging the state house and senate maps adopted by the Ohio Redistricting Commission last week. The commission adopted the maps on a 5-2 party-line vote with Republican members voting in favor of the map. The lawsuit alleges the map is a clear partisan gerrymander that violates provisions of the state constitution requiring that districts not be…
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VA Supreme Court Rejects Challenge to Prisoner Reallocation Law

By EditorSep 23, 2021
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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West Virginia: Review of Litigation in the 2010 Redistricting Cycle

West Virginia: Review of Litigation in the 2010 Redistricting Cycle

By EditorMar 12, 2021
The U.S. Supreme Court reversed a lower court decision and upheld West Virginia's 2011 congressional map with population deviations between districts of .79 percent. Tennant v. Jefferson County, No. 11-1184, 567 U.S. 758 (Sep. 25, 2012) The Jefferson County Commission and residents of Jefferson County alleged that West Virginia’s 2011 congressional plan violated the “one-person, one-vote” principle of Article I, § 2, of the U.S. Constitution. West Virginia created a redistricting plan that had a maximum population deviation of 0.79 percent (the variance between the smallest and largest districts). The State conceded that it could have made a plan with less deviation,…
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New York State Officials Sued Over Funding for Redistricting Commission

New York State Officials Sued Over Funding for Redistricting Commission

By EditorMar 09, 2021
The controversy over funding of the New York Redistricting Commission has come to a head as two individuals sue the governor and other state officials over the impasse. One plaintiff is a former candidate for the state legislature and the other, a member of the commission itself. They challenge the decision to provide funding for the commission through a third-party organization as opposed to a direct appropriation, which they claim is required by the state constitutional provision establishing the commission. This is the latest in a months-long saga for the commission that began when funds were not appropriated to the…
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Idaho: Review of Litigation in the 2010 Redistricting Cycle

Idaho: Review of Litigation in the 2010 Redistricting Cycle

By EditorMar 09, 2021
In 2012, the Idaho Supreme Court Invalidated the legislative map adopted by Idaho Commission on Redistricting on state constitutional grounds. Twin Falls County v. Idaho Comm’n on Redistricting, No. 39373, 2012, 271 P.3d 1202 (Idaho 2012). This case involves a state constitutional challenge to the legislative apportionment plan adopted by the Idaho Commission on Redistricting. Plaintiffs argued the plan adopted by the commission violated art. III, § 5, of the Idaho Constitution, which states that “a county may be divided in creating districts only to the extent it is reasonably determined by statute that counties must be divided to create senatorial…
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Oregon Redistricting Commission Ballot Measure Efforts TimeOut

Oregon Redistricting Commission Ballot Measure Efforts TimeOut

By Michelle DavisSep 04, 2020
At least one news outlet has described the failed Oregon redistricting reform ballot initiative as a "dramatic legal saga." By all accounts, they would be correct. You can read a detailed account from Oregon Public Broadcasting here and here. Read below for a quick summary. a group wishing to put a question on the November ballot to approve a nonpartisan redistricting commission for Oregon districts failed to obtain the 155,000 signatures needed.the group successfully argued in a federal district court that the pandemic unfairly restricted signature-gathering efforts. The court ultimately allowed a lower signature requirement of 59,000.the state Attorney General…
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Second Court Rewords Missouri Redistricting Ballot Amendment Language

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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