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…
Case Updates, Census Data and Geography, Census Law, LATEST, LAW, NEWS, Redistricting, Redistricting Litigation, , ,
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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…
FEATURES, Redistricting Equal Population, Redistricting Litigation, Uncategorized, ,
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Florida: Review of Litigation in the 2010 Redistricting Cycle

Florida: Review of Litigation in the 2010 Redistricting Cycle

By EditorMar 15, 2021
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…
NEWS, Redistricting, Redistricting Litigation
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West Virginia: Review of Litigation in the 2010 Redistricting Cycle

West Virginia: Review of Litigation in the 2010 Redistricting Cycle

By EditorMar 12, 2021
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,…
NEWS, Redistricting Litigation, State Laws
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Wisconsin Lawsuit Challenges Legislatures’ Move to Retain Law Firms for Future Redistricting Challenges

By EditorMar 11, 2021
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…
Case Updates, NEWS, Redistricting Litigation,
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Alabama Sues Over Census Data Delay and Differential Privacy

By EditorMar 11, 2021
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…
Case Updates, Census Data and Geography, NEWS, Redistricting, Redistricting Litigation, ,
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New York State Officials Sued Over Funding for Redistricting Commission

New York State Officials Sued Over Funding for Redistricting Commission

By EditorMar 09, 2021
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…
Case Updates, LATEST, NEWS, Redistricting, Redistricting Commissions, State Laws, , ,
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Idaho: Review of Litigation in the 2010 Redistricting Cycle

Idaho: Review of Litigation in the 2010 Redistricting Cycle

By EditorMar 09, 2021
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…
NEWS, Redistricting Litigation, State Laws
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South Carolina: Review of Litigation in the 2010 Redistricting Cycle

South Carolina: Review of Litigation in the 2010 Redistricting Cycle

By EditorMar 09, 2021
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…
NEWS, Redistricting Litigation
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