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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Wisconsin Supreme Court Rejects Bid to Fast-Track Future Redistricting Litigation

By EditorMay 17, 2021
The Wisconsin state supreme court declined on Friday, to include all redistricting cases in its original jurisdiction. The decision was in response to a petition by the Wisconsin Institute for Law and Liberty to fast-track redistricting litigation in the state by having that court conduct a full trial and devise remedies at the outset as opposed to just conducting an appellate review of lower court decisions. Read the court decision here. The court declined any blanket rule for redistricting challenges and instead indicated that it would decide on whether original jurisdiction applies on a case-by-case basis. "as drafted, the procedures…
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Federal Court Dismisses Alabama Challenge to Including Illegal Immigrants in Apportionment Results

By EditorMay 04, 2021
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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State Court Invalidates the Wisconsin Legislature’s Retainer of Two Law Firms for Redistricting Litigation. Read the Opinion

By EditorApr 30, 2021
On Thursday, a Wisconsin Circuit Court voided two contracts state legislative leaders had entered into with two law firms in anticipation of redistricting litigation. The court concluded that both contracts are void because the legislative defendants were not authorized [under the state constitution or the various statutes contemplated in the case] to hire those firms for litigation purposes. Summary judgment was granted and defendants are permanently enjoined from authorizing any further payment on the two contracts for any services performed pursuant to them. Some excerpts from the court decision are below. Click here to read the opinion. Circuit Court: The…
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After Apportionment Results Announced 3 Lawsuits are Filed in 3 States in Anticipation of Redistricting Gridlock

By EditorApr 27, 2021
On Tuesday, three lawsuits were filed in state courts in Louisiana, Minnesota, and Pennsylvania alleging "malapportioned" congressional maps (and statehouse maps in the case of Minnesota). Malapportionment challenges seek to invalidate a map for use in future elections until its population is rebalanced among districts through redistricting. All three suits were filed on behalf of voters in the three states by The National Redistricting Action Fund (NRAF) chaired by former Attorney General Eric Holder. A copy of each complaint is here: Louisiana, Minnesota, and Pennsylvania. The suits were filed in anticipation of gridlock between the legislature and executive branch, especially…
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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.

By EditorApr 24, 2021
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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Federal District Court Issues Dismissal of Census Bureau Lawsuit with Detailed Stipulations for Both Parties

By EditorApr 23, 2021
The U.S. Census Bureau has reached an agreement with the various plaintiffs in a federal lawsuit seeking to ensure census data accuracy by asking the court to enforce extended timelines for processing 2020 census data. The lawsuit was originally filed to enjoin the bureau from ending its counting operations one month before its previously scheduled deadline of October 31, 2020. Further requests by plaintiffs sought to block the bureau from attempting to modify apportionment data to only include citizens and ensure that data accuracy did not suffer as the bureau sought to meet statutory deadlines for reporting data earlier in…
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16 States Join in Alabama’s Challenge to the Census Bureau’s Data Privacy Program

By EditorApr 14, 2021
On Monday, 16 states joined Alabama in deriding the U.S. Census Bureau's newly adapted data privacy policy (aka differential privacy) which uses statistical algorithms to distort raw census data before it is released to states and the public. The states who jointly filed as amici in Alabama's lawsuit against the Bureau are Alaska, Arkansas, Florida, Kentucky, Louisiana, Maine, Mississippi, Montana, Nebraska, New Mexico, Ohio, Oklahoma, South Carolina, Texas, West Virginia, and Utah. The amicus brief filed on behalf of these states lists three "major harms" caused by differential privacy. 1) local redistricting cannot be conducted with any reasonable accuracy; 2)…
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Oregon Supreme Court Establishes Revised Deadlines for Legislative Maps

By EditorApr 10, 2021
On Friday, the Oregon Supreme Court issued new deadlines for state legislative redistricting in light of the census redistricting data delay. The order extends state constitutional deadlines for legislative redistricting by three months. It does not address congressional redistricting in the state, which is governed by state statute. Read the opinion here. In its opinion and order, the court explained that the revised deadlines will enable the Legislative Assembly and the Secretary of State to fulfill their constitutional duties "without significantly affecting the rights of voters or interfering with the 2022 general election cycle." Practically speaking it observed that a…
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Update: Alabama Court Grants 3-Judge Panel in Census Lawsuit

Update: Alabama Court Grants 3-Judge Panel in Census Lawsuit

By EditorMar 29, 2021
An Alabama federal district court granted a Mar 8 request for a 3-judge panel by plaintiffs to consider the differential privacy claims raised in a lawsuit filed by the state of Alabama against the U.S. Census Bureau. Federal statute allows a plaintiff to request a 3-judge panel to consider any case involving the use of any statistical method used in the decennial U.S. census in possible violation of the Constitution or other provision of law. This development ensures a fast-track to the U.S. Supreme Court should one of the parties appeal the panel's decision. Read the court's order. In granting…
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