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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Update: Minnesota Court Issues Order to Appoint Special Redistricting Panel if Legislature Fails to Redistrict

Update: Minnesota Court Issues Order to Appoint Special Redistricting Panel if Legislature Fails to Redistrict

By EditorMar 29, 2021
On March 22, the Minnesota Supreme Court granted the plaintiff's request in Wattson v. Simon to appoint a special redistricting panel for redistricting in the state in anticipation of the legislature failing to enact maps in time for upcoming elections. Read the original complaint. Read the court's order. Learn more. While the court agreed to appoint a panel at some point in the future, it delayed doing so and stayed all further proceedings until the legislature has had time to enact maps. This year's regular session of the Minnesota legislature is scheduled to end in late May. The court also…
Case Updates, Casedocs, NEWS, Redistricting
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Ohio’s Lawsuit Over Census Data Delay is Dismissed by Federal Court

By EditorMar 24, 2021
Earlier today, the U.S. District Court for the Southern District of Ohio denied Ohio's request to the court for an order compelling the U.S. Census Bureau to deliver redistricting data to the state by the statutory deadline of March 31. Ultimately the court denied the request for a preliminary injunction for lack of standing because the Census Bureau's failure to meet its deadline in and of itself does not constitute a redressable injury, explaining that "A litigant is not concretely injured and standing is not met simply because a statute creates a legal obligation that goes unfulfilled." In an opinion…
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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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