Florida: Review of Litigation in the 2010 Redistricting Cycle

Florida: Review of Litigation in the 2010 Redistricting Cycle

Florida’s litigation in the 2010 cycle focused primarily on the “Fair Districts Amendments” added to the state constitution by initiative in 2010. There were two nearly identical amendments: one setting standards applicable to congressional districts (art. III, § 20), and the other setting standards applicable to state legislative districts (art. III, § 21). The amendments spawned a flood of litigation challenging the amendments themselves, plans adopted under the new standards, and—in the process—plaintiffs’ attempts to determine the intent of the legislators who adopted the plans.. The new constitutional standards are set out in two tiers. The first-tier standards have equal…
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West Virginia: Review of Litigation in the 2010 Redistricting Cycle

West Virginia: Review of Litigation in the 2010 Redistricting Cycle

The U.S. Supreme Court reversed a lower court decision and upheld West Virginia's 2011 congressional map with population deviations between districts of .79 percent. Tennant v. Jefferson County, No. 11-1184, 567 U.S. 758 (Sep. 25, 2012) The Jefferson County Commission and residents of Jefferson County alleged that West Virginia’s 2011 congressional plan violated the “one-person, one-vote” principle of Article I, § 2, of the U.S. Constitution. West Virginia created a redistricting plan that had a maximum population deviation of 0.79 percent (the variance between the smallest and largest districts). The State conceded that it could have made a plan with less deviation,…
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Wisconsin Lawsuit Challenges Legislatures’ Move to Retain Law Firms for Future Redistricting Challenges

In most states, post-redistricting litigation is a foregone conclusion. In anticipation of just that, the Majority Leader of the Wisconsin Senate and the Speaker of the House entered into contracts for legal services with two law firms on behalf of the legislature in preparation for inevitable legal challenges after maps are enacted. On Wednesday, a group of citizens sued on behalf of taxpayers to void those contracts as unauthorized expenditures of public funds. At issue is a state statute that allows the speaker and majority leader to obtain legal counsel other than from the Wisconsin department of justice, with the…
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Alabama Sues Over Census Data Delay and Differential Privacy

The state of Alabama becomes the second state (after Ohio) to sue over delayed census redistricting data. The lawsuit also challenges the Census Bureau's use of differential privacy on census results, which uses an algorithm to change some of the actual reported data. Delayed Census Data The complaint filed in federal district court in Alabama on Wednesday, claims the Bureau's decision to delay data delivery until Sept. 30 and its decision to deliver the data to all 50 states simultaneously, was beyond its authority. The Bureau announced on Feb 12 that it would not meet its statutory deadline and would…
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New York State Officials Sued Over Funding for Redistricting Commission

New York State Officials Sued Over Funding for Redistricting Commission

The controversy over funding of the New York Redistricting Commission has come to a head as two individuals sue the governor and other state officials over the impasse. One plaintiff is a former candidate for the state legislature and the other, a member of the commission itself. They challenge the decision to provide funding for the commission through a third-party organization as opposed to a direct appropriation, which they claim is required by the state constitutional provision establishing the commission. This is the latest in a months-long saga for the commission that began when funds were not appropriated to the…
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Idaho: Review of Litigation in the 2010 Redistricting Cycle

Idaho: Review of Litigation in the 2010 Redistricting Cycle

In 2012, the Idaho Supreme Court Invalidated the legislative map adopted by Idaho Commission on Redistricting on state constitutional grounds. Twin Falls County v. Idaho Comm’n on Redistricting, No. 39373, 2012, 271 P.3d 1202 (Idaho 2012). This case involves a state constitutional challenge to the legislative apportionment plan adopted by the Idaho Commission on Redistricting. Plaintiffs argued the plan adopted by the commission violated art. III, § 5, of the Idaho Constitution, which states that “a county may be divided in creating districts only to the extent it is reasonably determined by statute that counties must be divided to create senatorial…
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South Carolina: Review of Litigation in the 2010 Redistricting Cycle

South Carolina: Review of Litigation in the 2010 Redistricting Cycle

South Carolina was involved in one major challenge to its congressional and state legislative maps adopted after the 2010 census. A federal trial court declined to invalidate the maps despite the plaintiff's claims of racial gerrymandering and Voting Rights Act (VRA) violations. Interestingly, the trial court's decision came shortly before the Supreme Court's decision in Shelby County, which drastically changed how racial considerations are viewed by courts under Section 5 of the VRA. Backus v. South Carolina, No. 3:11-cv-3120 (D.S.C. Mar. 9, 2012), aff’d, No. 11-1404 (U.S. Oct. 1, 2012) (mem.) Registered voters in South Carolina challenged the General Assembly’s state and congressional redistricting plans…
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Ohio Fires First Salvo in Court Over Delayed Census Redistricting Data

On Thursday, Ohio became the first state to sue the U.S. Census Bureau over late redistricting data. After the Bureau announced it would delay the release of the data on the statutory deadline of March 31, postponing release to Sept 30, the Ohio Attorney General filed suit in federal district court to request data delivery for Ohio either on the statutory date or on the earliest date possible. The complaint challenges the decision of the Census Bureau to delay data delivery to the States due to processing delays caused by Covid-19 and its focus on delivering apportionment data to the…
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Minnesota Lawsuit Asks Court to Get a Jump on State Redistricting

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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CA Redistricting Commission Reviewing Applications for Litigation Team and Voting Rights Counsel

CA Redistricting Commission Reviewing Applications for Litigation Team and Voting Rights Counsel

The voting rights act counsel would provide legal support to the Commission, staff and consultants regarding the redistricting process, including the review of proposed district maps; development, use and analysis of Racially Polarized Voting (“RPV”) data, preparation of legal memoranda and general legal advice to the Commission. The commission is also seeking a litigation team in the event that any or all of its redistricting maps (Congressional, and State Senate, Assembly, and Board of Equalization) are challenged in state or federal court. To that end, the commission is seeking is seeking “statements of qualifications” (SOQ) from attorneys, including law firms…
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