Michigan Commission’s Congressional Map gets a New Challenge in Federal Court

By EditorJan 24, 2022
A federal lawsuit challenging the Michigan Independent Citizens Redistricting Commission's newly adopted congressional map was filed last week. In what could be a test of how federal courts view the relatively strict population equality standard of the U.S. Constitution, the lawsuit is alleging that the individual congressional district populations are not sufficiently equal. Read the complaint. The congressional map is also being challenged in state court, see Detroit Caucus v. Independent Citizens Redistricting Commission. The federal lawsuit also alleged several other failings of the commission's map including failure to follow the required state legal criteria regarding honoring communities of interest,…
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MALDEF Challenges Democratic Drawn Illinois State Legislative Map Citing Legislature’s Use of Census Survey Data

By EditorJun 13, 2021
The Mexican American Legal Defense Fund has sued in federal court after the Illinois legislature passed and the governor enacted a state legislative district map drawn using 5 yr census survey data (ACS) in place of the actual population count from the 2020 census. Read the complaint here. The complaint contends that the General Assembly has yet to release the alleged populations of the individual representative and legislative districts in the enacted map. The map was drawn by the legislature using ACS data due to the late release of the traditional population data used for redistricting, which is not anticipated…
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Illinois Minority Leaders Challenge State Legislative Map Drawn with Census Survey Data

By EditorJun 13, 2021
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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Maine: Review of Litigation in the 2010 Redistricting Cycle

Maine: Review of Litigation in the 2010 Redistricting Cycle

By EditorMar 17, 2021
Desena v. Maine, No. 1:11-cv-117 (D. Me.) A 1975 amendment to the state constitution required Maine to reapportion its districts every 10 years, starting in 1983. After the 2010 census data was completed, Maine’s two congressional districts saw an increased population differential. Instead of having a gap of 23 residents between the two congressional districts as was the case after the previous redistricting cycle, these two districts varied by 8,669 residents. Plaintiffs, who were residents of the larger district, sued the state on March 28, 2011, alleging that the plan from 2003, which was in effect for the 2012 election…
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Minnesota Lawsuit Asks Court to Get a Jump on State Redistricting

By EditorMar 01, 2021
The delayed census redistricting data delivery schedule has put many states in a bind as they run up against state constitutional and statutory deadlines for redistricting. In Minnesota, the deadline for drawing a congressional map is in February of 2022, but the state has a decades-long history of not accomplishing the task. A new lawsuit filed in state court seeks to get ahead of the problem. According to the lawsuit filed on the 19th, the situation is dire. Population projections indicate that the state may lose a congressional seat in the upcoming apportionment scheduled to be released later this Spring.…
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BASICS: Defining Equal Population in Redistricting

BASICS: Defining Equal Population in Redistricting

By EditorFeb 27, 2021
Redistricting is the process of redrawing election boundaries to equalize population, but you might ask; what population? and whether states and local jurisdictions have a choice in the matter. The short answer is that up to this point the overwhelming majority of jurisdictions use “total population” to measure equality among districts. The Supreme Court has acknowledged that states can use various population bases (provided they do not discriminate), but it has so far refused to mandate any specific method in particular. Here are the various potential measures of equal population: Total Population: This is the standard method because it is…
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Analysis: Do Redistricting Maps with Deviations Under 10% Violate the Equal Population Rule? Sometimes.

Analysis: Do Redistricting Maps with Deviations Under 10% Violate the Equal Population Rule? Sometimes.

By EditorOct 23, 2020
Most legal challenges to redistricting maps based on population deviation center around deviations that are too large. However, there are a handful of cases in which a court has found a map with minimal deviations (under 10%) to be unconstitutional. What is minimal? The equal population or “one-person, one-vote standard requires general population equality between districts, but there is no precise number or percentage that defines constitutionality. Instead, the Supreme Court interprets this constitutional requirement for congressional districts to mean “strict equality,” and for legislative and other local maps, districts need only to be “substantially equal.” In practice, a clear…
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