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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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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Justice Department Reaches Agreement with the City of West Monroe, Louisiana Under the Voting Rights Act

Justice Department Reaches Agreement with the City of West Monroe, Louisiana Under the Voting Rights Act

By EditorApr 16, 2021
The Justice Department announced today that it has entered into a proposed consent decree to settle a voting rights lawsuit with the City of West Monroe, Louisiana. DOJ Press Release: April 15, 2021 The Justice Department’s lawsuit, brought under Section 2 of the Voting Rights Act, challenges the current at-large method of electing the West Monroe Board of Aldermen. Under this agreement, the City of West Monroe will change its method of electing its Board of Aldermen to ensure compliance with the protections of the Voting Rights Act. The proposed consent decree was filed in federal court in conjunction with…
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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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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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Congressional Redistricting Under HR1: A Primer for State Officials

Congressional Redistricting Under HR1: A Primer for State Officials

By Jeffrey M. WiceMar 24, 2021
S.1/H.R.1 is a comprehensive piece of legislation dealing with election administration, voting procedures, and campaign finance, and it includes dramatic requirements for the congressional redistricting process in nearly every state. Whats more, these requirements may apply to the current redistricting cycle. My colleague Nick Stabile and I at New York Law School's NY Census & Redistricting Institute have drafted this guide (below) for state officials to comply with S.1/H.R.1 if the bill is enacted into law in its current form. It is designed as a “how-to” guide for states to implement HR1/S1’s redistricting provisions if enacted “as is." https://redistrictingonline.org/wp-content/uploads/2021/03/HR-1-_-S-1-Redistricting-Primer-for-State-Officials-03.23.2021.pdf Read…
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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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What Will an Updated Voting Rights Act Preclearance Formula Look Like?

What Will an Updated Voting Rights Act Preclearance Formula Look Like?

By EditorMar 10, 2021
The U.S. Supreme Court effectively halted administrative preclearance for redistricting maps (as well as other voting changes) for states required to do so under section 5 of the Voting Rights Act (see Shelby County v. Holder). This ended the need for the Justice Dept. to preapprove redistricting maps in TX, Georgia, Alabama, several more states, and some local jurisdictions. While the court did not actually invalidate section 5, it did declare the formula that determines which states are covered under section 5 unconstitutional because it had not been updated for some time. With Democrats in control of Congress and the…
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