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

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

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

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"…
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Court: New York Will Have Congressional and Senate Maps by May 20.

Court: New York Will Have Congressional and Senate Maps by May 20.

By EditorApr 29, 2022
The litigation surrounding New York's congressional and senate maps will end by May 20, according to the Stueben County appellate court. The court's announcement comes after the state's highest court invalidated both maps on Wednesday (April 27th). Here is a recap of the litigation which began in February. The litigation surrounding these two maps began in mid-February and sped through all three levels of the state court system (trial court, appellate court, and the state's highest court) in just over 2 months. While there was some disagreement among courts regarding whether the maps enacted by the legislature were the product…
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Maryland State Court Throws Out 2021 Congressional Map Citing Extreme Gerrymandering

By EditorMar 27, 2022
On Friday, the Senior Judge of the Circuit Court for Anne Arundel County signed an order prohibiting use of the congressional map that the Maryland legislature approved - over a gubernatorial veto - during a special session in December 2021. State officials were given five days to redraw the map. The legislature is currently in session until April 11. There is no word on whether the state will appeal. Read the order and opinion. The ruling concerned consolidated cases against the map by several plaintiffs and is notable as it makes Maryland among the first few states to fall victim…
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U.S. Supreme Court Denies Request to Block North Carolina Court’s Congressional Map

U.S. Supreme Court Denies Request to Block North Carolina Court’s Congressional Map

By EditorMar 08, 2022
On Monday the U.S. Supreme Court denied an emergency application for a stay of the North Carolina State supreme court's decision to invalidate the congressional map that the legislature enacted in 2021 and the state trial court's decision to block a second map enacted by the legislature on February 17. If the high court had granted an emergency stay, the upcoming 2022 elections would have been conducted under the legislature's Feb. 17 map, while the court considered the case for a decision at some later date. Read the court's order. Map and Court Decision Timeline Feb. 23 2022: A state…
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North Carolina Supreme Court Rejects Legislature’s 2021 Redistricting Maps. Redraw Ordered.

By EditorFeb 06, 2022
On Friday, the North Carolina State Supreme Court overturned a lower court ruling that upheld the legislature's 2021 congressional and state legislative maps against both racial and partisan gerrymandering claims. The court ordered the General Assembly to submit remedial maps for review to the trial court on or before Feb. 18 at 5:00 p.m. The trial court must approve or adopt compliant congressional and state legislative districting plans no later than noon on Feb. 23 2022. Read the Order. The State Supreme Court accepted and agreed with the trial court's assessment that the maps were a partisan gerrymander. The difference…
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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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Illinois Federal Court Rejects Voting Rights Act and Racial Gerrymandering Challenges to Legislature’s State Senate and House Maps

By EditorDec 31, 2021
On Thursday, the U.S. District Court for the Northern District of Illinois issued a per curiam opinion rejecting the claims of three groups of plaintiffs in the consolidated cases (McConchie, Contreras, and East St. Louis NAACP) against the state legislative district maps, which the legislature approved in September. The claims included allegations of racial gerrymandering and minority vote dilution in violation of Section 2 of the Voting Rights Act. In regards to the votings rights claims, the court characterized the plaintiff's view of the maps as a failure to "maximize" minority electoral success, and warned that the Supreme Court has…
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