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2020 United States redistricting cycle

From Wikipedia, the free encyclopedia

This article needs to beupdated. Please help update this article to reflect recent events or newly available information.(September 2024)
This article is part of a series on the
Politics of the
United States
Allocation ofUnited States House of Representatives districts following the2020 United States census

The2020 United States redistricting cycle took place following the completion of the2020 United States census. In allfifty states, various bodies redrewstate legislative districts. States that areapportioned more than one seat in theUnited States House of Representatives also drew new districts for that legislative body.

The rules for redistricting vary from state to state, but all states draw new legislative and congressional maps either in the state legislature, inredistricting commissions, or through some combination of the state legislature and a redistricting commission. Though various laws and court decisions have put constraints on redistricting, many redistricting institutions continue to practicegerrymandering, which involves drawing new districts with the intention of giving a political advantage to specific groups.[1] Political parties prepare for redistricting years in advance, and partisan control of redistricting institutions can provide a party with major advantages.[2] Aside from the possibility of mid-decade redistricting,[3] the districts drawn in the 2020 redistricting cycle will remain in effect until the next round of redistricting following the2030 United States census.

United States House of Representatives

[edit]

Reapportionment

[edit]
See also:United States congressional apportionment
StateSeats[4][5]
CurrentNewChange
California5352Decrease 1
Texas3638Increase 2
Florida2728Increase 1
New York2726Decrease 1
Pennsylvania1817Decrease 1
Illinois1817Decrease 1
Ohio1615Decrease 1
Georgia1414Steady
North Carolina1314Increase 1
Michigan1413Decrease 1
New Jersey1212Steady
Virginia1111Steady
Washington1010Steady
Arizona99Steady
Massachusetts99Steady
Tennessee99Steady
Indiana99Steady
Maryland88Steady
Missouri88Steady
Wisconsin88Steady
Colorado78Increase 1
Minnesota88Steady
South Carolina77Steady
Alabama77Steady
Louisiana66Steady
Kentucky66Steady
Oregon56Increase 1
Oklahoma55Steady
Connecticut55Steady
Utah44Steady
Iowa44Steady
Nevada44Steady
Arkansas44Steady
Mississippi44Steady
Kansas44Steady
New Mexico33Steady
Nebraska33Steady
Idaho22Steady
West Virginia32Decrease 1
Hawaii22Steady
New Hampshire22Steady
Maine22Steady
Rhode Island22Steady
Montana12Increase 1
Delaware11Steady
South Dakota11Steady
North Dakota11Steady
Alaska11Steady
Vermont11Steady
Wyoming11Steady

Article One of the United States Constitution establishes theUnited States House of Representatives apportions representatives to the states based on population, with reapportionment occurring every ten years. The decennialUnited States census determines the population of each state. Each of thefifty states is guaranteed at least one representative, and theHuntington–Hill method is used to assign the remaining 385 seats to states based on the population of each state. Congress has provided for reapportionment every ten years since the enactment of theReapportionment Act of 1929. Since 1913, the U.S. House of Representatives has consisted of 435 members, a number set bystatute, though the number of representatives temporarily increased in 1959. Reapportionment also affectspresidential elections, as each state is guaranteedelectoral votes equivalent to the number of representatives and senators representing the state.[citation needed]

Prior to the2022 U.S. House elections, each state apportioned more than one representative drew new congressional districts based on the reapportionment following the2020 census. Based on the official counts of the 2020 census, California, Illinois, Michigan, New York, Ohio, Pennsylvania, and West Virginia each lost one seat, while Colorado, Florida, Montana, North Carolina, and Oregon each gained one seat, and Texas gained two seats. Though California lost a seat for the first time in its history, the 2020 census continued a broader trend ofNortheastern andMidwestern states losing seats andWestern andSouthern states gaining seats.[6]

Eliminated districtsCreated districts

Congressional redistricting methods

[edit]
Main article:Redistricting
Congressionalredistricting methods by state after the2020 census:
  Independent commission
  Politician commission
  Passed by legislature with gubernatorial approval
[a]
  Passed by legislature, governor plays no role
  Passed by legislature, simple majority veto override
  Not applicable due to having one at-large district
* The Ohio Constitution requires that redistricting votes in theOhio Legislature be bipartisan, with a minimum number of votes required from both parties for a redistricting act to pass

Each U.S. representative represents onecongressional district, which encompasses all or part of a single state. Following the apportionment of seats based on the most recent census, every state with more than one congressional district must pass a new redistricting plan before the filing deadlines of the next general election.[10] In most states, the state legislature draws the new districts, but some states have establishedredistricting commissions.[11] Arizona, California, Colorado, Idaho, Michigan, and Washington use independent commissions to draw House districts, while Hawaii and New Jersey use "politician commissions" to draw House districts.[11] Alaska, Delaware, North Dakota, South Dakota, Vermont and Wyoming will continue to have only one representative in the House, and so will not have to draw new House districts.

In all other states, the legislature draws district lines, although some states have advisory commissions that can play a major role in drawing lines, and other states have backup commissions if the state legislature is unable to draw the lines itself. Stategovernors may also play a role in deciding district boundaries.[11] In many states, districts are drawn with the intent to benefit certain political groups, including one of the two major political parties, in a practice known asgerrymandering. Most states draw new lines by passing a law the same way any other law is passed, but some states have special procedures.[11] Connecticut and Maine require a two-thirds super-majority in each house of the state legislature for redistricting plans, while district lines are not subject to gubernatorial veto in Connecticut and North Carolina.[11] The Ohio redistricting process is designed to encourage the legislature to pass a map with bipartisan support, but the majority party can pass maps that last for four years (as opposed to the normal ten years) without the support of the minority party.[12] The legislatures of Alabama, Indiana, Kentucky, Tennessee, and West Virginia can override gubernatorial vetoes with a simple majority vote,[13] giving governors in those states little leverage in the drawing of new district maps.

Limits on congressional redistricting

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Though the states have wide latitude in the re-drawing of congressional districts, state power over redistricting is subject to limits set by theU.S. Constitution, rulings of thefederal judiciary and statutes passed byCongress. In the case ofWesberry v. Sanders, theSupreme Court of the United States established that states must draw districts that are equal in population "as nearly as is practicable." Subsequent court cases have required states to redistrict every ten years, although states can redistrict more often than that depending on their own statutes and constitutional provisions.[14] Since the passage of theUniform Congressional District Act (Pub. L. 90–196, 81 Stat. 581, enactedDecember 14, 1967), most states have been barred from usingmulti-member districts; all states currently use single-member districts.[15] TheVoting Rights Act of 1965 establishes protections against racial redistricting plans that would deny minority voters an equal opportunity to elect representatives of their choice. The Supreme Court case ofThornburg v. Gingles established a test to determine whether redistricting lines violate the Voting Rights Act. In some states, courts have required the creation ofmajority-minority districts.[16]

In addition to standards required by federal law, many states have also adopted other criteria, including compactness, contiguity, and the preservation of political subdivisions (such as cities or counties) or communities of interest.[17] Some states, including Arizona, Colorado, New York and Washington require the drawing of competitive districts.[17]

Control of congressional redistricting

[edit]
Partisan control of congressional redistricting after the 2020 elections, with the number of U.S. House seats each state received:
  Democratic control
  Republican control
  Split or bipartisan control
  Independent redistricting commission
  No redistricting necessary

Congressional redistricting plans passed by legislature

[edit]

The table shows the partisan control of states in which congressional redistricting is enacted through either a bill or a joint resolution passed by the legislature. States in which the governor can technically veto the bill, but that veto can be overridden by a simple majority of the state legislature, are marked as "simple maj. override".

Partisan control of congressional redistricting[18][19]
StateSeats[20]Partisan control
OverallGovernorSenateHouse
Alabama7RepublicanSimple maj. overrideRepublicanRepublican
Arkansas4RepublicanRepublicanRepublicanRepublican
Connecticut5Split*‡No vetoDemocraticDemocratic
Florida28RepublicanRepublicanRepublicanRepublican
Georgia14RepublicanRepublicanRepublicanRepublican
Illinois17DemocraticDemocraticDemocraticDemocratic
Indiana9Republican‡Simple maj. overrideRepublicanRepublican
Iowa4Republican†RepublicanRepublicanRepublican
Kansas4RepublicanDemocratic↑RepublicanRepublican
Kentucky6RepublicanSimple maj. overrideRepublicanRepublican
Louisiana6SplitDemocraticRepublicanRepublican
Maine2Split*†DemocraticDemocraticDemocratic
Maryland8DemocraticRepublican↑DemocraticDemocratic
Massachusetts9DemocraticRepublican↑DemocraticDemocratic
Minnesota8SplitDemocraticRepublicanDemocratic
Mississippi4RepublicanRepublicanRepublicanRepublican
Missouri8RepublicanRepublicanRepublicanRepublican
Nebraska3NonpartisanRepublicanNonpartisan
Nevada4DemocraticDemocraticDemocraticDemocratic
New Hampshire2RepublicanRepublicanRepublicanRepublican
New Mexico3DemocraticDemocraticDemocraticDemocratic
New York26Democratic*DemocraticDemocraticDemocratic
North Carolina14RepublicanNo vetoRepublicanRepublican
Ohio15Republican†RepublicanRepublicanRepublican
Oklahoma5RepublicanRepublicanRepublicanRepublican
Oregon6DemocraticDemocraticDemocraticDemocratic
Pennsylvania17SplitDemocraticRepublicanRepublican
Rhode Island2Democratic†DemocraticDemocraticDemocratic
South Carolina7RepublicanRepublicanRepublicanRepublican
Tennessee9RepublicanSimple maj. overrideRepublicanRepublican
Texas38RepublicanRepublicanRepublicanRepublican
Utah4Republican†RepublicanRepublicanRepublican
West Virginia2RepublicanSimple maj. overrideRepublicanRepublican
Wisconsin8SplitDemocraticRepublicanRepublican

"*" indicates that a 2/3 super-majority vote is required in the legislature
"↑" indicates that one party can override a gubernatorial veto because of asupermajority in the legislature
"†" indicates that the state employs an advisory commission
"‡" indicates that the state employs a back-up commission

Ohio requires certain qualified majorities, at each stage of its congressional redistricting process, for its congressional maps to endure (subject to judicial review) for the full decade.

Congressional redistricting plans passed by commissions

[edit]
States with redistricting commissions
StateSeats[20]Type
Arizona9Independent commission
California52Independent commission
Colorado8Independent commission
Idaho2Independent commission
Hawaii2Politician commission
Michigan13Independent commission
Montana2Independent commission
New Jersey12Politician commission
Virginia11Hybrid commission
Washington10Independent commission

Six states with multiple members of the House of Representatives use independent commissions to draw congressional districts. In Arizona, Montana, and Washington, the four party leaders of the state house and state senate each select one member of the Independent Redistricting Commission, and these four members select a fifth member who is not affiliated with either party. In California, the Citizen's Redistricting Commission consists of five Democrats, five Republicans, and four individuals who are not members of either party. In Idaho, the four party leaders of the state house and state senate and the chairmen of the two most popular state parties (based on the results of the most recent gubernatorial vote) each select a member of the Commission for Reapportionment.[21]

Two states use politician commissions to draw congressional districts. In Hawaii, the president of the state senate and the speaker of the state house each select two members of the Reapportionment Commission, while the minority parties in both chambers each appoint two members of the commission. The eight members of the commission then select a ninth member, who also chairs the commission. In New Jersey, the four party leaders of the state house and state senate and the party leaders of the two largest parties each choose two members of the Apportionment Commission, and the twelve members of the commission select a thirteenth member to chair the commission.[21]

One state, Virginia, uses a hybrid, bipartisan commission consisting of eight legislators and eight non-legislator citizens. The commission is evenly divided between Democrats and Republicans.[22]

Ohio employs a hybrid commission as a back-up redistricting authority in the case of the state legislature failing to achieve a certain qualified majority for approval of a map. The commission is composed of elected political officials as well as appointments made by the leaders of the state legislative chambers (namely: the speaker of the house, the leader of the largest party in the house to which the speaker of the house does not belong, the president of the senate, and the leader of the largest party in the senate to which the speaker of the senate does not belong), although those appointments also were politicians in the 2020 cycle. If the redistricting commission fails to achieve a certain qualified majority for approval of a congressional redistricting plan when it has been charged to do so, the authority to pass such a plan transfers back to the state legislature, which may then pass a plan either for the full decade via a certain qualified majority, or for only four years via normal legislative procedure otherwise.[citation needed]

State legislatures

[edit]

Legislative redistricting methods

[edit]
State legislative redistricting methods by state:
  Independent commission
  Politician commission
  Passed by the legislature with gubernatorial approval[a]
  Passed by legislature with no gubernatorial veto
  Passed by legislature, simple majority veto override

Each state draws new legislative district boundaries every ten years. Every state exceptNebraska has a bicameral legislative branch. Nebraska is also unique in that it has the only legislative body that is officiallynon-partisan. Most states must pass redistricting plans by the time of the filing deadlines for the2022 elections. The exceptions are Virginia and New Jersey, which must pass new plans in 2021, Louisiana and Mississippi which have a 2023 deadline, and Montana, which has a 2024 deadline.[10]

Fifteen states use independent or politician commissions to draw state legislative districts. In the other states, the legislature is ultimately charged with drawing new lines, although some states have advisory or back-up commissions. Connecticut, Illinois, Mississippi, Oklahoma, and Texas have backup commissions that draw district lines if the legislature is unable to agree on new districts. Iowa, Maine, New York, Rhode Island, and Vermont employ advisory commissions. In Oregon, the Secretary of State will draw the legislative districts if the legislature fails to do so. In Connecticut and Maine, a 2/3 super-majority vote in each house is required to create new districts, while in Connecticut, Florida, Maryland, Mississippi, and North Carolina, the governor cannot veto redistricting plans.[23] The legislatures of Alabama, Indiana, Kentucky, Tennessee, and West Virginia can override gubernatorial vetoes with a simple majority vote,[13] giving governors in those states little leverage in the drawing of new district maps.

Limits on state legislative redistricting

[edit]

The states have wide latitude in re-drawing legislative districts, but the U.S. Supreme Court case ofReynolds v. Sims established that states must draw districts that are "substantially equal" in population to one another. Federal court cases have established that deviation between the largest and smallest districts generally cannot be greater than ten percent, and some states have laws requiring less deviation. Court cases have also required states to redistrict every ten years, although states can redistrict more often than that depending on their own statutes and constitutional provisions.[14] States are free to employ multi-member districts, and different districts can elect different numbers of legislators.[24] The Voting Rights Act of 1965 establishes protections against racial redistricting plans that would deny minority voters an equal opportunity to elect representatives of their choice. The Supreme Court case ofThornburg v. Gingles established a test to determine whether redistricting lines violate the Voting Rights Act.[16]

Many states have also adopted other criteria, including compactness, contiguity, and the preservation of political subdivisions (such as cities or counties) or communities of interest.[17] Some states, including Arizona, require the drawing of competitive districts,[17] while other states require thenesting of state house districts within state senate districts.[25]

Control of legislative redistricting

[edit]
Partisan control of state legislative redistricting after the 2020 elections:
  Democratic control
  Republican control
  Split or bipartisan control
  Independent redistricting commission

State legislative redistricting plans passed by legislature

[edit]

The table shows the partisan control of states in which state legislative redistricting is enacted via a bill passed by the legislature. States in which the governor can technically veto the bill, but that veto can be overridden by a simple majority of the state legislature, are marked as "simple maj. override".

Partisan control of state governments[18][26]
StateControlGovernorState
Senate
State
House
AlabamaRepublicanSimple maj. overrideRepublicanRepublican
ConnecticutSplit*‡No vetoDemocraticDemocratic
DelawareDemocraticDemocraticDemocraticDemocratic
FloridaRepublicanNo vetoRepublicanRepublican
GeorgiaRepublicanRepublicanRepublicanRepublican
Illinois‡DemocraticDemocraticDemocraticDemocratic
IndianaRepublican‡Simple maj. overrideRepublicanRepublican
IowaRepublican†RepublicanRepublicanRepublican
KansasRepublicanDemocratic↑RepublicanRepublican
KentuckyRepublicanSimple maj. overrideRepublicanRepublican
LouisianaSplitDemocraticRepublicanRepublican
MaineSplit*†DemocraticDemocraticDemocratic
MarylandDemocraticRepublican↑DemocraticDemocratic
MassachusettsDemocraticRepublican↑DemocraticDemocratic
MinnesotaSplitDemocraticRepublicanDemocratic
MississippiRepublican‡No vetoRepublicanRepublican
NebraskaNonpartisanRepublicanNonpartisan
NevadaDemocraticDemocraticDemocraticDemocratic
New HampshireRepublicanRepublicanRepublicanRepublican
New MexicoDemocraticDemocraticDemocraticDemocratic
New YorkDemocratic*†DemocraticDemocraticDemocratic
North CarolinaRepublicanNo vetoRepublicanRepublican
North DakotaRepublicanRepublicanRepublicanRepublican
OklahomaRepublican‡RepublicanRepublicanRepublican
OregonDemocraticDemocraticDemocraticDemocratic
Rhode IslandDemocratic†DemocraticDemocraticDemocratic
South CarolinaRepublicanRepublicanRepublicanRepublican
South DakotaRepublicanRepublicanRepublicanRepublican
TennesseeRepublicanSimple maj. overrideRepublicanRepublican
TexasRepublican‡RepublicanRepublicanRepublican
UtahRepublican†RepublicanRepublicanRepublican
VermontSplit†RepublicanDemocraticDemocratic
West VirginiaRepublicanSimple maj. overrideRepublicanRepublican
WisconsinSplitDemocraticRepublicanRepublican
WyomingRepublicanRepublicanRepublicanRepublican

An * indicates that a 2/3 super-majority vote is required in the legislature
A ↑ indicates that one party can override a gubernatorial veto because of a super-majority in the legislature
A † indicates that the state employs an advisory commission
A ‡ indicates that the state employs a backup commission

State legislative redistricting plans passed by commission

[edit]
States with redistricting commissions[26]
StateTypePartisan control
AlaskaIndependentN/a
ArizonaIndependentN/a
ArkansasPoliticianRepublican
CaliforniaIndependentN/a
ColoradoIndependentN/a
HawaiiPoliticianBipartisan
IdahoIndependentN/a
MichiganIndependentN/a
MissouriPoliticianBipartisan
MontanaIndependentN/a
New JerseyPoliticianBipartisan
OhioPoliticianRepublican
PennsylvaniaPoliticianDemocratic
VirginiaHybridBipartisan
WashingtonIndependentN/a

Eight states use independent commissions to draw state legislative districts. In Alaska, the governor appoints two individuals and the Speaker of the House, senate president, and Chief Justice of the Alaska Supreme Court each appoint one individual to the Redistricting Board. In Arizona, Montana, and Washington, the four legislative party leaders each appoint one member to the redistricting commission, and these four individuals choose a fifth member to chair the commission. California's Citizen's Redistricting Commission consists of five Democrats, five Republicans, and four individuals who are not members of either party. Idaho's Commission for Reapportionment consists of six individuals appointed by the chairmen of the two largest parties (based on the most recent gubernatorial vote) and the four state legislative party leaders.[27]

Six states use politician commissions to draw state legislative districts. Arkansas's Board of Apportionment consists of the governor, secretary of state, and attorney general. The Ohio Redistricting Commission consists of the governor, auditor, secretary of state, and four individuals appointed by the state legislative party leaders. Hawaii's Reapportionment Commission consists of eight appointees of the state legislative party leaders, and these appointees select a ninth member to chair the commission. The New Jersey Apportionment Commission consists of twelve individuals appointed by the state legislative party leaders and the two major party chairmen, with these twelve individuals choosing a thirteenth member to chair the board. Pennsylvania's redistricting commission consists of four appointees chosen by the state legislative party leaders, and these four appointees choose a fifth member to chair the commission. In Missouri, a commission is created for each legislative chamber as a result of the governor picking from lists submitted by the leaders of the two major parties.[27]

One state, Virginia, uses a hybrid, bipartisan commission consisting of eight legislators and eight non-legislator citizens. The commission is evenly divided between Democrats and Republicans.[22]

Final disposition

[edit]
See also:2022 United States House of Representatives elections and2022 United States state legislative elections
Final drawer of maps for 2022 U.S. House of Representatives elections:
  Democratic drawn
  Republican drawn[i]
  Split or bipartisan drawn[ii]
  Independent redistricting commission drawn
  No redistricting necessary
  Court drawn
  1. ^Louisiana is labeled as Republican because the Democratic governor vetoed the maps but was overridden with almost no Democratic votes
  2. ^Maryland is labeled as bipartisan because the Republican governor signed the Democratic-controlled legislature's maps after a court overturned a Democratic gerrymander as a deal to drop the legislature's appeal

This table shows the final status of redistricting in each state.

StateU.S.
House
seats
U.S. House
disposition
State legislative
disposition
California52Passed into law on December 27, 2021[28]Passed into law on December 27, 2021[28]
Texas38Passed into law on October 25, 2021*[29]Passed into law on October 25, 2021*[30]
Florida28Passed into law on April 22, 2022*[31]
New York26Passed into law on February 3, 2022;[32] Overturned on March 31, 2022[33]Passed into law on February 3, 2022[32]
Pennsylvania17Passed into law on February 23, 2022[34]Passed into law on February 4, 2022[35]
Illinois17Passed into law on November 23, 2021[36]Passed into law on September 24, 2021[37]
Ohio15Passed into law on November 20, 2021*;[38] Overturned by state Supreme Court on January 14, 2022[39]Passed into law on September 16, 2021;[40] Overturned by state Supreme Court[41]
Georgia14Passed into law on December 30, 2021*[42]Passed into law on December 30, 2021*[42]
North Carolina14Passed into law on February 23, 2022[43]Passed into law on February 23, 2022[43]
Michigan13Passed into law on December 28, 2021*[44]Passed into law on December 28, 2021[45]
New Jersey12Passed into law on December 22, 2021*[46]Passed into law on February 18, 2022[47]
Virginia11Passed into law on December 28, 2021[48]Passed into law on December 28, 2021[48]
Washington10Passed into law on February 8, 2022[49]Passed into law on February 8, 2022[50]
Arizona9Passed into law on December 22, 2021[51]Passed into law on December 22, 2021[51]
Massachusetts9Passed into law on November 22, 2021[52]Passed into law on November 4, 2021[53]
Tennessee9Passed into law on February 6, 2022[54]Passed into law on February 6, 2022[54]
Indiana9Passed into law on October 4, 2021[55]Passed into law on October 4, 2021[55]
Maryland8Passed into law on April 4, 2022[56]Passed into law on January 27, 2022*[57]
Missouri8Passed into law on May 18, 2022[58]
Wisconsin8Passed into law on March 3, 2022[59]Passed into law on March 3, 2022[60]
Colorado8Passed into law on November 1, 2021[61]Passed into law on November 15, 2021[62]
Minnesota8Passed into law on February 15, 2022[63]Passed into law on February 15, 2022[64]
South Carolina7Passed into law on January 26, 2022*[65]Passed into law on December 10, 2021[66]
Alabama7Passed into law on November 4, 2021*[29]Passed into law on November 4, 2021[67]
Louisiana6Passed into law on March 30, 2022[68]Passed into law on March 14, 2022[69]
Kentucky6Passed into law on January 20, 2022*[70]Passed into law on January 21, 2022[71]
Oregon6Passed into law on September 27, 2021[72]Passed into law on September 27, 2021[72]
Oklahoma5Passed into law on November 22, 2021[73]Passed into law on November 22, 2021[73]
Connecticut5Passed into law on February 10, 2022[74]Passed into law on November 23, 2021[75]
Utah4Passed into law on November 12, 2021[76]Passed into law on November 16, 2021[77]
Iowa4Passed into law on November 4, 2021[29]Passed into law on November 4, 2021[78]
Nevada4Passed into law on November 16, 2021*[79]Passed into law on November 16, 2021*[79]
Arkansas4Passed into law on January 14, 2021[80]Passed into law on November 29, 2021[81]
Mississippi4Passed into law on January 25, 2022[82]
Kansas4Passed into law on February 9, 2022*[83]Passed into law on April 15, 2022[84]
New Mexico3Passed into law on December 17, 2021*[85]Passed into law on January 6, 2022*[86]
Nebraska3Passed into law on September 30, 2021[87]Passed into law on September 30, 2021[87]
Idaho2Passed into law on November 5, 2021[88]Passed into law on November 5, 2021[88]
West Virginia2Passed into law on October 22, 2021[29]Passed into law on October 22, 2021[89]
Hawaii2Passed into law on January 28, 2022[90]Passed into law on January 28, 2022[91]
New Hampshire2Passed into law on May 31, 2022[92]
Maine2Passed into law on September 29, 2021[93]Passed into law on September 29, 2021[93]
Rhode Island2Passed into law on February 18, 2022[94]Passed into law on February 18, 2022[94]
Montana2Passed into law on November 12, 2021[95]
Delaware1N/aPassed into law on November 2, 2021[96]
South Dakota1N/aPassed into law on November 10, 2021[97]
North Dakota1N/aPassed into law on November 12, 2021*[98]
Alaska1N/aPassed into law on November 10, 2021*[99]
Vermont1N/aPassed into law on April 6, 2022[100]
Wyoming1N/aPassed into law on March 25, 2022[101]

An * indicates that litigation is currently pending against the finalized maps

Litigation

[edit]

Lawsuits have been filed against a number of passed congressional and legislative maps on the grounds of either racial gerrymandering or partisan gerrymandering. These states include Alabama, Alaska, Arkansas, Georgia, Idaho, Illinois, Maryland, Michigan, Nevada, New Jersey, New Mexico, North Carolina, Ohio, South Carolina and Texas. As more states continue to adopt maps through the redistricting process, the number of lawsuits filed will potentially increase.[102]

Racial gerrymandering

[edit]

Lawsuits have been filed in multiple states against congressional and state legislative maps due to claims that the new maps disenfranchise minority voters.

In Alabama, four lawsuits were filed against the congressional and state legislative maps, alleging racial bias and violation of theVoting Rights Act of 1965 (VRA) by diluting the power of minority voters in the state.[103] On January 24, 2022, a three-judge panel blocked Alabama's congressional maps over claims it likely violates the VRA. The panel argued that because African Americans counted for a considerable percentage of the total population growth, there should be more opportunities for representation.[104][105] On February 7, 2022, theSupreme Court temporarily reinstated Alabama's congressional map and added Alabama's appeal to their 2022 case list, with the hearing date yet to be decided.[106] On June 8, 2023, the Supreme Court upheld the lower court's decision, ruling inAllen v. Milligan that Alabama did in fact illegally dilute the power of Black voters.[107] The Alabama Legislature defied the Supreme Court, drawing a map with only a single Black-majority district, rather than the ruling's minimum two districts.[108]

TheNAACP andAmerican Civil Liberties Union sued multiple state officials in Arkansas over the new state House districts, arguing that they unconstitutionally underrepresented Black voters.[109] A Trump appointed US District judge ruled that the groups did not have standing, and stated that the plaintiff must be the US Attorney General in February, 2022.[110] The ACLU appealed the ruling following the decision by theUnited States Department of Justice not to intervene.[111] US SenatorTom Cotton filed an amicus brief with the court supporting the state of Arkansas, calling racial gerrymandering accusations "baseless".[112] Two lawsuits were also filed against Arkansas's congressional districts, arguing that the map disenfranchised black voters by splittingPulaski County between three congressional districts and moving 23,000 black voters out ofArkansas's 2nd congressional district.[113]

In Georgia, staff attorneys at theSouthern Poverty Law Center claimed that, "the maps produced out of the special legislative session block Georgia's communities of color from obtaining political representation that reflects their population growth".[114] TheAmerican Civil Liberties Union of Georgia filed suit in December 2021, alleging that both state legislative maps and congressional maps violated the VRA.[115] Specifically, the 6th, 13th, and 14th congressional districts were challenged. In March 2022, JudgeSteve C. Jones allowed Georgia's congressional and state legislative maps to take effect for the2022 Georgia state elections even though he believed that it was likely "that certain aspects of the State's redistricting plans are unlawful." Despite this, he decided that overturning Georgia's maps so close to the May primary would prove overly disruptive.[116] Later, in October 2023, Judge Jones found that Georgia's maps did illegally discriminate against Black voters, ordering the state to create an additional majority-Black district. The state of Georgia is expected to appeal that decision, however, a map was later drawn that protected both the Republican delegation of seats and added a majority-minority district.[117][118][119]

In Michigan, on March 23, 2022, a group of nineteen African-American Detroiters who live in thirteen different Michigan House and Senate districts in portions of Detroit sued theMichigan Independent Citizens Redistricting Commission ("MICRC") for violating the Equal Protection Clause of the United States Constitution and the Voting Rights Act.[120] On December 21, 2023, a three-judge panel of the United States District Court for the Western District of Michigan determined that the MICRC "overwhelmingly - indeed, inescapably" drew the boundaries of the plaintiffs' districts predominantly on the basis for race.[121] The three-judge panel enjoined further use of the Michigan House and Michigan Senate maps drawn by the MICRC and ordered the maps to be redrawn.[122]

In Texas, theLeague of United Latin American Citizens and others filed a lawsuit against congressional and state legislative maps after they had passed the state legislature, but before they had been signed into law. They argued that despite over 50% of Texas's population growth over the past ten years being due to Hispanic citizens, the maps not only failed to add new Hispanic majority districts, but also eliminated several existing districts, violating the Voting Rights Act.[123] Republican state legislators claim that the maps were drawn without taking race into account, and that their legal counsel had previously advised them that the maps were legal under federal law.[124] In December 2021, theDepartment of Justice also filed a lawsuit against Texas's new congressional and state house maps, arguing that they "were drawn with discriminatory intent".[125]

Partisan gerrymandering

[edit]

In Maryland, new congressional maps were vetoed by GovernorLarry Hogan for being "disgracefully gerrymandered", but the Maryland state legislature overrode his veto on December 9, 2021.[126] Subsequently, two Republican aligned groups sued to overturn the new congressional maps, arguing that they were partisan gerrymanders that "cracked" Republican voters across several districts, diluting their voting power.[127] Primaries in the state were delayed to July 19 due to the ongoing litigation.[128] On March 25, a circuit court judge threw out the congressional districts, calling them an "extreme gerrymander" that disenfranchised multiple communities of interest.[129]

New York's congressional, state assembly, and state senate districts were thrown out by a New York state judge on March 31, 2022, for violating a state Constitutional provision banning partisan gerrymandering.[33] On April 21, 2022, a New York appeals court upheld the ruling that New York's congressional maps were drawn with illegal partisan intent, but they reinstated the state assembly and state senate districts.[130] Upon a second appeal by the state Democratic party, The New York State Court of Appeals found that the congressional and state senate districts were "drawn with impermissible partisan purpose." As such, both maps were found unconstitutional, andCarnegie Mellon University post-doctoral fellow Jonathan Cervas was appointed as an independent special master to draw new maps.[131] Federal JudgeGary L. Sharpe of theNorthern District of New York delayed New York's congressional and state senate primaries to August in May 2022, rejecting an argument from state Democrats that the primary must take place in June, and so it was too late to redraw new maps. He called the argument "a Hail Mary pass, the object of which is to take a long-shot try at having the New York primaries conducted on district lines that the state says is unconstitutional".[132]

TheSupreme Court of Ohio overturned initially passed state legislative maps, arguing that they unfairly favored Republicans against the guidance of Ohio's 2015 redistricting amendment that seeks to limit partisan gerrymandering.[41]

The Republican Party of New Mexico sued to overturn the new congressional maps, arguing that they unduly favor Democrats and dilute Republican voting strength, thereby violating the equal protection clause of the New Mexico state constitution. New Mexico GovernorMichelle Lujan Grisham characterized the congressional map as one "in which no one party or candidate may claim any undue advantage."[133]

In February 2022, theNorth Carolina Supreme Court struck down both state legislative maps and the congressional map initially passed by the state legislature in November 2021, citing partisan gerrymandering that violated the state Constitution.[134] As a result, the North Carolina legislature drafted new maps, which they submitted to the court for approval.[135] A three-judge panel of the court upheld the legality of both state legislative maps, but had court-appointed special masters redraw the congressional map, which was released and approved in February 2022.[43]

Racial and partisan gerrymandering

[edit]

Alexander v. South Carolina State Conference of the NAACP is the first partisan gerrymandering case taken by theUnited States Supreme Court after itslandmark decision inRucho v Common Cause which stated that partisan gerrymandering claims present political questions beyond the reach of the federal courts, and the first racial gerrymandering case, after the court'slandmark decision inAllen v Milligan.[136] The South Carolina case is pending a court decision in 2024.[137]

Court-run redistricting

[edit]

State supreme courts have selected or drafted new congressional maps in Connecticut, Minnesota, North Carolina, New Hampshire, Pennsylvania, Virginia, and Wisconsin following the failure of redistricting panels or lawmakers to pass new maps in each state.[citation needed]

TheConnecticut Supreme Court was forced to take over the congressional redistricting process after the bipartisan legislative panel deadlocked and failed to agree on new maps. The court appointedNathaniel Persily, who drew Connecticut's 2010 maps, as special master to draw the new congressional districts.[138] Persily drew a least-change map, making only the adjustments necessary to ensure equal population in each congressional district.[139] The court adopted Persily's recommended map on February 10, 2022.[74]

In North Carolina, local and state courts took over the congressional redistricting process in February 2022. After initial congressional and legislative maps were ruled as unconstitutional partisan gerrymanders, several nonpartisan redistricting experts includingRobert H. Edmunds Jr.,Thomas W. Ross, andRobert F. Orr were appointed as special masters by the state Supreme Court. They were tasked with reviewing whether the second iteration of state legislative and congressional maps passed by the North Carolina legislature violated state Constitution provisions opposing partisan gerrymandering.[140] The special masters in coordination with the Wake County Superior Court found that the new congressional map was unconstitutional, and instead implemented their own map on February 23, 2022.[43] North Carolina House SpeakerTim Moore called the process "egregious" and "unconstitutional", and accused the court of drawing the maps "in an unknown, black-box manner".[141]

Following the failure of theMinnesota Legislature to pass either congressional or state legislative districts by the mandated February 5, 2022, deadline, theMinnesota Supreme Court appointed a five-member commission to draw new boundaries.[142] The panel released the state's new maps later in February.[64]

Mid-decade redistricting

[edit]
Main article:2025–2026 United States redistricting
States which have undergone mid-decade redistricting prior to the 2026 elections. Stripes indicate states where redistricting is anticipated but not finalized.
  Voluntary redistricting enacted
  Voluntary redistricting rejected
  Court-ordered/mandatory redistricting
  Redistricting challenge rejected

In July 2025, states in the United States began considering mid-decade redistricting proposals. These efforts marked one of the largest coordinated attempts to redraw congressional districts between decennial censuses in modern American history.[143]

Texas was the first state to consider redrawing their maps which was approved on August 29, 2025 after a prolongedquorum break by Democrats in theTexas House of Representatives.[144][145] The new map potentially shifted five seats from Democrats to Republicans. After a legal battle which went up to the Supreme Court, the maps were allowed to stay in place.[146]

During their quorum break Texas Democrats traveled to states with Democrat-led state legislatures, lobbying them to start their own redistricting efforts to counteract any gains produced by a partisan gerrymander. California passed new maps to do just this on August 21, 2025.[147] However unlike Texas, California had to pass a constitutional amendment to allow the maps to go into effect.Proposition 50 was approved by the voters in a November special election.[148]

Other states soon followed suit in their own redistricting efforts. The 2025 initiatives emerged amid heightened polarization in U.S. politics. Following the 2024 elections, control of the U.S. House of Representatives was narrowly divided, prompting both major political parties to pursue strategies to maximize their representation ahead of the 2026 midterm elections. Commentators described the wave of proposals as a “redistricting arms race,” with Republican-led states and Democratic-led states seeking to counterbalance each other’s changes.[149][150]

List of states

[edit]
Map of North Carolina's congressional districts to be used from the2026 elections, per SB 249 passed by theNorth Carolina General Assembly on October 22, 2025[151]

The following are a list of states who passed new congressional maps during this time along with their expected partisan shift:

  • Texas- passed August 29, 2025,[144] court approved December 4, 2025[146] (+5 Republican)
  • California- passed August 21, 2025,[147] proposition passed November 4, 2025[148] (+5 Democrat)
  • Missouri- passed September 28, 2025[152] (+1 Republican)
  • North Carolina- passed October 22, 2025[153] (+1 Republican)
  • Utah- passed October 6, 2025,[154] court ordered map issued November 10, 2025[155] (+1 Democrat)
  • Ohio- redistricting commission passed October 31, 2025[156] (+2 Republican)
  • Virginia- passed January 16, 2026, special election by April 16, 2026[157] (+3 or 4 Democrat)

Redistricting organizations and funds

[edit]

Democrats were particularly unhappy with the results of the2012 House elections in which Democratic House candidates received more votes than Republican House candidates, but Republicans retained control of the chamber.[158] Organizations such as theDemocratic Governors Association and theDemocratic Legislative Campaign Committee have established funds dedicated to helping Democrats in the 2020 round of redistricting.[158][159]Democrats also established theNational Democratic Redistricting Committee to coordinate Democratic redistricting efforts.[160] Republicans established a similar group, theNational Republican Redistricting Trust.[161]

Changes to the redistricting process between 2012 and 2022

[edit]
Further information:2010 United States redistricting cycle

Federal court rulings

[edit]

In the 2013 case,Shelby County v. Holder, the Supreme Court struck down Section 4(b) of the Voting Rights Act, which was a coverage formula that determined which states and counties required preclearance from theJustice Department before making changes to voting laws and procedures.[162] The formula had covered states with a history of minority voter disenfranchisement, and the preclearance procedure was designed to block discriminatory voting practices.[162] In the 2019 case ofRucho v. Common Cause, the Supreme Court held that claims of partisan gerrymandering presentnonjusticiablepolitical questions that cannot be reviewed by federal courts.[163]

In another 2019 case,Department of Commerce v. New York, the Supreme Court blocked theTrump administration from adding a question to the 2020 census regarding the citizenship of respondents.[164]

State court rulings

[edit]

In 2015, theSupreme Court of Florida ordered the state to draw a new congressional map on the basis of a 2010 state constitutional amendment that banned partisan gerrymandering.[165]

In 2018, the Pennsylvania Supreme Court threw out the 2011 U.S. House of Representatives map on the grounds that it violated the state constitution; the court established new redistricting standards requiring districts to be compact and to minimize the splitting of counties and towns.[166]

In 2019, a North Carolina state court struck down the state's legislative districts on the grounds that the district had been created with the partisan intent of favoring Republican candidates.[167]

In 2022, the Ohio Supreme Court struck down the state's congressional and legislative districts multiple times.[168]

Ballot measures

[edit]

In 2015, Ohio voters approved a ballot measure changing the composition of the commission charged with drawing state legislative districts, adding two legislative appointees to the commission and creating rules and guidelines designed to make partisan gerrymandering more difficult.[169] In May 2018, Ohio voters approved a proposal that modified the state's congressional redistricting processes.[12]

In 2018, voters in Colorado and Michigan approved of a proposal to establish an independent redistricting commission for congressional and state legislative districts in their respective states.[170] In Utah, voters approved the creation of a redistricting commission to draw congressional and state legislative districts, though the Utah state legislature retains the power to reject these maps.[171]

In 2020, voters in Virginia approved the establishment of a bipartisan redistricting commission for both congressional and state legislative redistricting. The commission consists of eight legislators and eight non-legislator citizens, with the commission split evenly between Democrats and Republicans.[22]

In 2018, Missouri voters approved of a proposal to have a non-partisan state demographer draw state legislative districts, but in 2020 Missouri voters approved a second referendum eliminating the state demographer position and restoring the system in place prior to the 2018 referendum.[172]

See also

[edit]

Notes

[edit]
  1. ^abSeveral states, including Iowa,[7] New York,[8] and Utah,[9] employ commissions that play a role in the redistricting process. However, unlike in the states labeled as "independent commission" or "politician commission", in these states the legislature has the final power to approve redistricting maps.

References

[edit]
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  141. ^Anderson, Bryan (February 23, 2022)."NC court enacts new legislative, congressional maps; GOP and voting group to appeal".WRAL. RetrievedFebruary 23, 2022.
  142. ^Callaghan, Peter (February 11, 2022)."Off the map: Minnesota Legislature takes a pass on trying to come up with its own redistricting plan".Minn Post. RetrievedMarch 3, 2022.
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  144. ^abSaenz, Arlette (August 29, 2025)."Texas Gov. Abbott signs new Republican-friendly US House map | CNN Politics".CNN. RetrievedDecember 30, 2025.
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