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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)…

Case Updates, Casedocs, DATA and TECHNOLOGY, LATEST, NEWS, RedistrictingAlabama, Alaska, arkansas, Florida, Kentucky, lawindepth, louisiana, Maine, Mississippi, Montana, Nebraska, New Mexico, Ohio, Oklahoma, South Carolina, STATENEWS, Texas, Utah, West Virginia

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 Litigationlawindepth, lpother, Ohio, STATENEWS

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…

FEATURES, LATEST, Official Redistricting Entities, Partisan Gerrymandering, POLICY and PRACTICE, Redistricting, Redistricting Commissions, Redistricting Criteria, Redistricting PrepHR1, lawindepth, national, redistricting reform

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, Uncategorized2010, lawindepth, Maine

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…

LAW, Race in Redistricting, Redistricting, Voting Rights ActAnalysis, HR4, lawindepth, lpvra, Preclearance, Voting Rights Act

Listen: Supreme Court Oral Argument in Brnovich Voting Rights Act (sec. 2) Case

By EditorMar 03, 2021

The Supreme Court heard oral arguments Tuesday in Brnovich v. Democratic National Committee, a lawsuit challenging Arizona's out-of-precinct policy on Election Day, which does not count provisional ballots cast in person that were cast outside of the voter’s designated precinct and its ballot-collection law, which permits only certain persons to handle another person’s completed early ballot. The lawsuit contends these laws violate Section 2 of the Voting Rights Act. While redistricting maps are often challenged for minority vote dilution under Section 2 of the Act, this case involves claims of vote denial as opposed to vote dilution and centers around…

LATEST, LAW, Redistricting, VIDEO, Voting Rights ActArizona, lawindepth, lpscotus, lpvra, national

Is Major Redistricting Reform From Congress On the Way? A Look at H.R. 1

By Michelle DavisFeb 17, 2021

Congress has made redistricting reform in 2021 a top priority. To that end H.R.1 (S.1) was introduced in the current congress and is poised to establish major election reforms should it pass. Nested within H.R. 1 is “subtitle E”, or the “Redistricting Reform Act of 2021.” The Brennan Center for Justice explains that the purpose of the Act is to combat racial injustice and partisan influence in the redrawing of congressional districts. Regardless of one’s policy position on the Act, all can agree that the legislation is a dramatic change from the redistricting status quo. Despite this fact, not many…

FEATURES, LATEST, Official Redistricting Entities, Partisan Gerrymandering, Redistricting, Redistricting Commissions, Redistricting Gerrymanders, REFORMAnalysis, HR1, lawindepth, lpother, national, redistricting reform, reform

Analysis: Do Redistricting Maps with Deviations Under 10% Violate the Equal Population Rule? Sometimes.

By EditorOct 23, 2020

Most legal challenges to redistricting maps based on population deviation center around deviations that are too large. However, there are a handful of cases in which a court has found a map with minimal deviations (under 10%) to be unconstitutional. What is minimal? The equal population or “one-person, one-vote standard requires general population equality between districts, but there is no precise number or percentage that defines constitutionality. Instead, the Supreme Court interprets this constitutional requirement for congressional districts to mean “strict equality,” and for legislative and other local maps, districts need only to be “substantially equal.” In practice, a clear…

Equal Protection, FEATURES, Redistricting Equal PopulationAnalysis, equal population, lawindepth, legal, lpequalpro, one person one vote

Federal Judge Reprimands Census Bureau for Violating its Restraining Order

By EditorOct 05, 2020

On Sept. 24th the U.S. District Court of the Northern District of California issued a preliminary injunction that enjoins the U.S. Census Bureau from ending its counting operations on September 30, extending the time to Oct 31. On the afternoon of Sept. 28th, despite that court order, the Census Bureau tweeted (see below) that it would be ending field operations on Oct. 5th. Chaos ensued. In a new order issued by the district court on Oct 1, the court clarifies its original order and reprimands administration officials for " further undermining trust in the Bureau and its partners, sowing more…

Case Updates, Census Law, DATA and TECHNOLOGY, LATEST, NEWS, Redistricting, Redistricting Litigationcensus, census 2020, lawindepth, legal, U.S. Census Bureau

NY Federal Court Enjoins Presidential Order to Remove Illegal Immigrants from Apportionment Count

By Michelle DavisSep 11, 2020

A federal court panel is the first to decide on whether the president's memorandum directing the U.S. Census Bureau to report the estimated number of “aliens who are not in a lawful immigration status” is unlawful. The memo's stated purpose is to subtract this estimate from the total population in each state - the number that is historically used to apportion congressional seats among the states. Read the opinion here. Officials Enjoined: The court enjoined all of the officials who were party to the lawsuit from reporting the estimate in the official apportionment report. The court did acknowledge, however, that…

Census Law, LATEST, LAW, Redistrictingapportionment, census, census 2020, lawindepth, new york, U.S. Census Bureau