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…

Partisan Gerrymandering, Race in Redistricting, Redistricting, Redistricting Race Rules, State LawsKansas, STATENEWS

NY Court Orders Redistricting Commission to Draw a “Second” Congressional Map

By EditorJul 13, 2023

Today New York's Supreme Court, Appellate Division directed the state's Independent Redistricting Commission (IRC) to submit a second congressional map to comply with the NY State Constitution. This decision (with 2 of 5 judges on the panel dissenting) will likely be appealed to the state's highest court. A state court has already required the IRC to draw and submit a second state house map after its initial failure to agree on any state redistricting map in January of 2022. Read the court's opinion here. From the court opinion: "The IRC had an indisputable duty under the NY Constitution to submit…

Case Updates, Casedocs, HOME, LATEST, NEWS, Redistricting, Redistricting Commissions, Redistricting Litigationcongressional, Entities, IN-DEPTH, lpstatelaw, new york, redistricting commissions

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:

Elections Clause, HOME, NEWS, Redistricting, Redistricting Gerrymanders, State Lawsindependent state legislature theory, lawindepth, lpscotus, North Carolina, scotus

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…

Case Updates, Casedocs, Elections Clause, LATEST, LAW, NEWS, Redistricting, Redistricting LitigationIN-DEPTH, independent state legislature theory, lawindepth, litigation, North Carolina, STATENEWS

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.…

LAW, NEWS, Redistrictingarkansas, Georgia, lawindepth, louisiana, section 2, STATENEWS, Texas, Voting Rights Act

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…

Case Updates, Casedocs, LATEST, LAW, Race in Redistricting, Redistricting, Redistricting Litigation, Voting Rights ActAlabama, lpscotus, national, scotus, section 2, Voting Rights Act

Alaska State Supreme Court Set to Decide if Interim Legislative Map Will Remain in Effect for the Decade

By EditorApr 24, 2023

On Friday, the Alaska Supreme Court issued its opinion detailing its March 2022 ruling that Alaska's legislative (a.k.a. Proclamation) Map violated the state's equal protection clause due to partisan gerrymandering. The opinion is not a surprise since the court made this conclusion clear in a March 25 2022 order. What is newsworthy, is that the court asked the Alaska Redistricting Board to make a case for restarting the redistricting process over to establish a final map for the rest of the decade. After two failed attempts by the Redistricting Board to adopt a legislative map, a third map was used…

Casedocs, HOME, LATEST, NEWS, Redistricting, Redistricting Litigation, State LawsAlaska, lawindepth, STATENEWS

Litigation Notes: Challenge to Galveston Co. TX Commissioner Court Map Survives Motion to Dismiss and will Proceed to Trial

By EditorApr 12, 2023

Galveston Co., Texas: The County's adopted commissioner court precinct map for the 2020 cycle, is being challenged by the U.S. Department of Justice (DOJ), voting rights organizations, and several individual voters. The claims in the consolidated case center around the maps' elimination of the sole remaining minority-opportunity district. The county had failed to preclear a similar map during the 2010 cycle and was subject to a preliminary injunction by a federal district court to prevent the use of that map. The current map is being challenged on several grounds including racial gerrymandering, minority vote dilution, and intentional racial discrimination under…

Case Updates, Partisan Gerrymandering, Racial Gerrymandering, Redistricting, Redistricting Gerrymanders, Redistricting Litigationlawindepth, Texas

Briefs Filed in Litigation to Redraw New York’s Congressional Map

By EditorApr 10, 2023

Last week, briefs were filed in a case brought by a group of voters to redraw New York's current congressional map. The state used a map drawn by a court special master to conduct the 2022 election after a map drawn by the legislature was deemed a partisan gerrymander. The New York legislature had only passed its map after a newly established independent redistricting commission (NYIRC), deadlocked on maps in January of 2022. Now the question is whether the legislature, the commission, or both can have another go at it. A trial court in September of 2022 unequivocally answered "no"…

Case Updates, NEWS, Official Redistricting Entities, Partisan Gerrymandering, Redistricting, Redistricting Commissions, Redistricting LitigationIndependent Redistricting Commission, lawindepth, new york, nyirc, policyindepth, redistricting commissions, STATENEWS

Redistricting Notes: New Map Challenge Brewing in WI. Boston Map Challenge in Hands of Federal Judge.

By EditorApr 10, 2023

Wisconsin: With a new liberal majority on the Wisconsin supreme court, at least one organization is planning to bring a new legal challenge to the state's Congressional and legislative maps. Expect litigation in the late summer or early Fall. Boston, MA: The Boston City Council's "unity map" is under litigation for racial gerrymandering and after a trial last week, a federal court must decide whether the map will stand. The judge hearing the case has warned that if the map is overturned, the court will not elect to redraw the map or have a special master draw a remedial map.…

NEWS, RedistrictingMassachusetts, policyindepth, STATENEWS, Wisconsin