Here Are the Maps That Could Change Between Now and 2024
With redistricting lawsuits in over 20 states, you could be forgiven for losing track of where things stand. What’s happening with the maps in your state? Could maps still change this year? How about next year? Today, we’re taking a look at where things stand in redistricting litigation — which maps could change before the 2022 general election and where ongoing litigation could impact the maps used in the 2024 elections and beyond.
States Where Maps Could Change Before the 2022 Midterm Election
In a couple of states, courts have overturned the originally enacted maps and ordered the creation of new maps for this year’s elections. But in many cases the new districts still haven’t been drawn, creating confusion for both candidates and voters. We’ve laid out where each of these state’s congressional and legislative (state Senate and House) maps stand for the 2022 elections.
Congressional Map: Litigation ongoing
State Senate Map: No ongoing litigation
State House Map: No ongoing litigation
After Gov. Ron DeSantis (R) vetoed the Florida Legislature’s congressional map, the Legislature returned to Tallahassee for a special session in April to pass his preferred version. Shortly after, a lawsuit was filed against the map, alleging it violates multiple provisions of the Florida Constitution’s Fair District Amendments by diminishing the ability of Black Floridians to elect the candidate of their choice and favoring Republicans over Democrats.
The plaintiffs in the case are trying to block the map from being used this year, although given what’s happened in other states the court could decide it’s too close to upcoming elections to grant it.
State Senate Map: No ongoing litigation
State House Map: No ongoing litigation
After Gov. Ron DeSantis (R) vetoed the Florida Legislature’s congressional map, the Legislature returned to Tallahassee for a special session in April to pass his preferred version. Shortly after, a lawsuit was filed against the map, alleging it violates multiple provisions of the Florida Constitution’s Fair District Amendments by diminishing the ability of Black Floridians to elect the candidate of their choice and favoring Republicans over Democrats.
The plaintiffs in the case are trying to block the map from being used this year, although given what’s happened in other states the court could decide it’s too close to upcoming elections to grant it.
Congressional Map: Map not yet enacted
State Senate Map: Map enacted for the 2022 elections
State House Map: Map enacted for the 2022 elections
Despite Gov. Laura Kelly’s (D) veto, Kansas Republicans enacted a congressional map that endangered the reelection of Rep. Sharice Davids (D). In response, several lawsuits were filed alleging the map intentionally dilutes the voting strength of Democrats and minority voters in violation of the Kansas Constitution. A state trial court agreed, ordering the Kansas Legislature to adopt a new map. The trial court’s ruling is currently being appealed.
State Senate Map: Map enacted for the 2022 elections
State House Map: Map enacted for the 2022 elections
Despite Gov. Laura Kelly’s (D) veto, Kansas Republicans enacted a congressional map that endangered the reelection of Rep. Sharice Davids (D). In response, several lawsuits were filed alleging the map intentionally dilutes the voting strength of Democrats and minority voters in violation of the Kansas Constitution. A state trial court agreed, ordering the Kansas Legislature to adopt a new map. The trial court’s ruling is currently being appealed.
Congressional Map: Litigation ongoing
State Senate Map: Litigation ongoing
State House Map: Litigation ongoing
There are two lawsuits underway in Louisiana, a consolidated case against the state’s congressional map and one against the legislative maps. All three lawsuits allege violations of Section 2 of the VRA and argue there should be more districts that give Black voters the opportunity to elect the candidates of their choice. While the plaintiffs in the congressional case filed motions to block the congressional map’s use this year, given what happened in Alabama and Georgia it seems unlikely the motions will be granted.
State Senate Map: Litigation ongoing
State House Map: Litigation ongoing
There are two lawsuits underway in Louisiana, a consolidated case against the state’s congressional map and one against the legislative maps. All three lawsuits allege violations of Section 2 of the VRA and argue there should be more districts that give Black voters the opportunity to elect the candidates of their choice. While the plaintiffs in the congressional case filed motions to block the congressional map’s use this year, given what happened in Alabama and Georgia it seems unlikely the motions will be granted.
Congressional Map: Map not yet enacted
State Senate Map: Map not yet enacted
State House Map: Map enacted for the 2022 elections
In April, the New York Court of Appeals, the state’s highest court, overturned the newly enacted congressional and state Senate maps. The court agreed with Republicans that the New York Legislature enacted the maps without following the proper constitutional procedure and also held that the congressional map unduly favored Democrats. The state’s highest court instructed the trial court that originally heard the lawsuit to draw new congressional and state Senate maps for 2022. The trial court announced the new maps will be ready by May 20 and moved the state’s primary election from June to August. However, a federal lawsuit has been filed challenging this move and asks the court to restore the overturned map for this year’s election. Barring any new developments, New York’s originally enacted state Senate and congressional maps won’t be used this year and instead will be replaced with new districts adopted by the trial court.
State Senate Map: Map not yet enacted
State House Map: Map enacted for the 2022 elections
In April, the New York Court of Appeals, the state’s highest court, overturned the newly enacted congressional and state Senate maps. The court agreed with Republicans that the New York Legislature enacted the maps without following the proper constitutional procedure and also held that the congressional map unduly favored Democrats. The state’s highest court instructed the trial court that originally heard the lawsuit to draw new congressional and state Senate maps for 2022. The trial court announced the new maps will be ready by May 20 and moved the state’s primary election from June to August. However, a federal lawsuit has been filed challenging this move and asks the court to restore the overturned map for this year’s election. Barring any new developments, New York’s originally enacted state Senate and congressional maps won’t be used this year and instead will be replaced with new districts adopted by the trial court.
Congressional Map: Map enacted for the 2022 elections
State Senate Map: Map not yet enacted
State House Map: Map not yet enacted
In January, the Supreme Court of Ohio struck down both the state’s congressional map and the legislative maps for violating the anti-partisan gerrymandering provisions of the Ohio Constitution. The court ordered the Ohio Redistricting Commission to redraw the state House and Senate maps. But the court similarly struck down the second set of maps…and the third and the fourth. The Commission is supposed to pass a fifth set of maps by Friday, after which the court will again review their constitutionality. Meanwhile, a federal court is poised to impose the third set of maps if no others are legally enacted by the end of May.
Meanwhile, the Commission also passed a new congressional map — which barely differs from the overturned one. This map has also drawn legal challenges, but because Ohio’s congressional primary was held this week using these district lines, this version will remain in place for this year.
State Senate Map: Map not yet enacted
State House Map: Map not yet enacted
In January, the Supreme Court of Ohio struck down both the state’s congressional map and the legislative maps for violating the anti-partisan gerrymandering provisions of the Ohio Constitution. The court ordered the Ohio Redistricting Commission to redraw the state House and Senate maps. But the court similarly struck down the second set of maps…and the third and the fourth. The Commission is supposed to pass a fifth set of maps by Friday, after which the court will again review their constitutionality. Meanwhile, a federal court is poised to impose the third set of maps if no others are legally enacted by the end of May.
Meanwhile, the Commission also passed a new congressional map — which barely differs from the overturned one. This map has also drawn legal challenges, but because Ohio’s congressional primary was held this week using these district lines, this version will remain in place for this year.
States Where Maps Could Change Before the 2024 General Election
In the remainder of states with litigation, the originally enacted maps will likely remain in place for the 2022 elections while litigation continues. The maps could still be overturned and redrawn in time for the 2024 elections, although this will likely be impacted by what the U.S. Supreme Court says when it weighs in on redistricting. Similarly, for these maps, we’ve broken down where each state’s congressional, state House and state Senate maps currently stand in court.
Congressional Map: Litigation ongoing
State Senate Map: Litigation ongoing
State House Map: Litigation ongoing
Three lawsuits were filed against Alabama’s congressional map on the basis of race. The lower court blocked the map from being used this year, finding that it likely violates the Voting Rights Act (VRA), and ordered the Legislature to draw a new congressional map that includes a second majority-Black district. The U.S. Supreme Court, however, paused the ruling in February through its “shadow docket,” effectively allowing the map to be used this year while litigation continues. In a concurrence to the decision, Justice Brett Kavanaugh argued that it was too close to Alabama’s primary election to overturn the map and that creating a new map would cause “significant cost, confusion, or hardship.”
Meanwhile, another lawsuit was filed challenging Alabama’s new legislative districts. The court paused this case until a resolution is reached in the cases challenging the congressional map.
State Senate Map: Litigation ongoing
State House Map: Litigation ongoing
Three lawsuits were filed against Alabama’s congressional map on the basis of race. The lower court blocked the map from being used this year, finding that it likely violates the Voting Rights Act (VRA), and ordered the Legislature to draw a new congressional map that includes a second majority-Black district. The U.S. Supreme Court, however, paused the ruling in February through its “shadow docket,” effectively allowing the map to be used this year while litigation continues. In a concurrence to the decision, Justice Brett Kavanaugh argued that it was too close to Alabama’s primary election to overturn the map and that creating a new map would cause “significant cost, confusion, or hardship.”
Meanwhile, another lawsuit was filed challenging Alabama’s new legislative districts. The court paused this case until a resolution is reached in the cases challenging the congressional map.
Congressional Map: Litigation ongoing
State Senate Map: No ongoing litigation
State House Map: Litigation ongoing
In March, two lawsuits were filed against Arkansas’ new congressional map. Both allege the map, which Gov. Asa Hutchinson (R) allowed to go into effect without his signature, dilutes the voting strength of Black Arkansans.
A similar racial challenge to the state’s House districts was dismissed in February after a federal district court judge ruled that there is no private right of action under Section 2 of the VRA, meaning only the U.S. attorney general could have brought the suit. That dismissal is currently being appealed, so the lawsuit might still go on. All three enacted maps will be used this year.
State Senate Map: No ongoing litigation
State House Map: Litigation ongoing
In March, two lawsuits were filed against Arkansas’ new congressional map. Both allege the map, which Gov. Asa Hutchinson (R) allowed to go into effect without his signature, dilutes the voting strength of Black Arkansans.
A similar racial challenge to the state’s House districts was dismissed in February after a federal district court judge ruled that there is no private right of action under Section 2 of the VRA, meaning only the U.S. attorney general could have brought the suit. That dismissal is currently being appealed, so the lawsuit might still go on. All three enacted maps will be used this year.
Congressional Map: Litigation ongoing
State Senate Map: Litigation ongoing
State House Map: Litigation ongoing
While the Georgia General Assembly passed new congressional and legislative maps in November, Gov. Brian Kemp (R) waited until the end of December to sign them, likely to leave as little time as possible for successful legal challenges before this year’s elections. Sure enough, in March a federal judge in several of the redistricting cases declined to block the use of the maps this year, pointing to the Supreme Court’s decision in the Alabama redistricting cases as justification. As a result, the 2022 elections will proceed under the challenged maps, despite the judge finding a “substantial likelihood the Enacted Plans violate Section 2 of the” VRA.
State Senate Map: Litigation ongoing
State House Map: Litigation ongoing
While the Georgia General Assembly passed new congressional and legislative maps in November, Gov. Brian Kemp (R) waited until the end of December to sign them, likely to leave as little time as possible for successful legal challenges before this year’s elections. Sure enough, in March a federal judge in several of the redistricting cases declined to block the use of the maps this year, pointing to the Supreme Court’s decision in the Alabama redistricting cases as justification. As a result, the 2022 elections will proceed under the challenged maps, despite the judge finding a “substantial likelihood the Enacted Plans violate Section 2 of the” VRA.
Congressional Map: Litigation ongoing
State Senate Map: No ongoing litigation
State House Map: Litigation ongoing
Democrats in Kentucky filed a lawsuit against the new state House and congressional maps after Kentucky Republicans overrode Gov. Andy Beshear’s (D) vetoes in order to enact the maps. The complaint alleges the maps are partisan gerrymanders that favor Republicans and unnecessarily split counties in violation of the Kentucky Constitution. The plaintiffs tried to temporarily prevent the maps from being used this year, but the court declined this request, pointing to the fact that the candidate filing deadline had already passed and blocking the maps would lead to disruptions in the electoral process.
State Senate Map: No ongoing litigation
State House Map: Litigation ongoing
Democrats in Kentucky filed a lawsuit against the new state House and congressional maps after Kentucky Republicans overrode Gov. Andy Beshear’s (D) vetoes in order to enact the maps. The complaint alleges the maps are partisan gerrymanders that favor Republicans and unnecessarily split counties in violation of the Kentucky Constitution. The plaintiffs tried to temporarily prevent the maps from being used this year, but the court declined this request, pointing to the fact that the candidate filing deadline had already passed and blocking the maps would lead to disruptions in the electoral process.
Congressional Map: Litigation ongoing
State Senate Map: Litigation ongoing
State House Map: Litigation ongoing
After Michigan’s new redistricting commission enacted new maps for the next decade, several legal challenges were filed. A lawsuit filed by Republicans against the congressional map is ongoing, although a panel of federal judges declined to block the use of the map this year.
A separate lawsuit on behalf of Black voters challenging the state’s legislative maps is also making its way through court. The complaint alleges the commission violated Section 2 of the VRA by depriving Black voters of an adequate number of districts where they can elect candidates of their choice.
State Senate Map: Litigation ongoing
State House Map: Litigation ongoing
After Michigan’s new redistricting commission enacted new maps for the next decade, several legal challenges were filed. A lawsuit filed by Republicans against the congressional map is ongoing, although a panel of federal judges declined to block the use of the map this year.
A separate lawsuit on behalf of Black voters challenging the state’s legislative maps is also making its way through court. The complaint alleges the commission violated Section 2 of the VRA by depriving Black voters of an adequate number of districts where they can elect candidates of their choice.
Congressional Map: Litigation ongoing
State Senate Map: No ongoing litigation
State House Map: No ongoing litigation
In January, a group of Republicans filed a lawsuit against the state’s newly enacted congressional map. The complaint alleges that the map is a partisan gerrymander that favors Democrats in violation of the New Mexico Constitution. In April, a state court declined to block the map’s use this year due to the state’s upcoming primary election, finding there wasn’t enough time to enact a completely new map.
State Senate Map: No ongoing litigation
State House Map: No ongoing litigation
In January, a group of Republicans filed a lawsuit against the state’s newly enacted congressional map. The complaint alleges that the map is a partisan gerrymander that favors Democrats in violation of the New Mexico Constitution. In April, a state court declined to block the map’s use this year due to the state’s upcoming primary election, finding there wasn’t enough time to enact a completely new map.
Congressional Map: Litigation ongoing
State Senate Map: No ongoing litigation
State House Map: Litigation ongoing
A lawsuit against South Carolina’s districts has been going on since October. Originally against the districts the state used in the last decade, the complaint was updated after South Carolina enacted new maps with 2020 census data, alleging the state House and congressional districts are racially gerrymandered in violation of the 14th and 15th Amendments. The trial over House districts is scheduled for this month while the trial over congressional districts is currently scheduled for September.
State Senate Map: No ongoing litigation
State House Map: Litigation ongoing
A lawsuit against South Carolina’s districts has been going on since October. Originally against the districts the state used in the last decade, the complaint was updated after South Carolina enacted new maps with 2020 census data, alleging the state House and congressional districts are racially gerrymandered in violation of the 14th and 15th Amendments. The trial over House districts is scheduled for this month while the trial over congressional districts is currently scheduled for September.
Congressional Map: Litigation ongoing
State Senate Map: Litigation ongoing
State House Map: Litigation ongoing
Shortly after Texas enacted new districts last fall, an array of lawsuits were filed in federal court, including one by the U.S. Department of Justice. The cases were consolidated into League of Latin American Citizens v. Abbott, which alleges the new legislative and congressional maps dilute the voting strength of minority voters in violation of Section 2 of the VRA. One of the plaintiffs in the consolidated case filed a motion for a preliminary injunction, asking the court to block the use of a single state Senate district in future elections. The court then denied this motion.
Besides the federal lawsuit, the Mexican American Legislative Caucus of the Texas House of Representatives filed a separate challenge to the new House districts in state court.
State Senate Map: Litigation ongoing
State House Map: Litigation ongoing
Shortly after Texas enacted new districts last fall, an array of lawsuits were filed in federal court, including one by the U.S. Department of Justice. The cases were consolidated into League of Latin American Citizens v. Abbott, which alleges the new legislative and congressional maps dilute the voting strength of minority voters in violation of Section 2 of the VRA. One of the plaintiffs in the consolidated case filed a motion for a preliminary injunction, asking the court to block the use of a single state Senate district in future elections. The court then denied this motion.
Besides the federal lawsuit, the Mexican American Legislative Caucus of the Texas House of Representatives filed a separate challenge to the new House districts in state court.
Congressional Map: Litigation ongoing
State Senate Map: No ongoing litigation
State House Map: No ongoing litigation
A lawsuit was filed in March challenging Utah’s new congressional map for favoring Republicans in violation of the Utah Constitution. The lawsuit also takes issue with Utah Legislature’s repeal of Proposition 4, a ballot initiative that created an independent redistricting commission. The Legislature ignored the commission when it enacted the congressional map.
State Senate Map: No ongoing litigation
State House Map: No ongoing litigation
A lawsuit was filed in March challenging Utah’s new congressional map for favoring Republicans in violation of the Utah Constitution. The lawsuit also takes issue with Utah Legislature’s repeal of Proposition 4, a ballot initiative that created an independent redistricting commission. The Legislature ignored the commission when it enacted the congressional map.
States Still Without Maps
Two states still have not finished enacting maps for this year, either through the courts or through each state’s respective usual process.
Congressional: Map not yet enacted
State Senate: Map enacted for the 2022 elections
State House: Map enacted for the 2022 elections
Missouri’s candidate filing period has come and gone and the state has yet to enact a new congressional map based on 2020 census data. The Missouri House and Senate have each passed separate congressional maps but have failed to reach a compromise and pass a unified version. As a result, several lawsuits have been filed in both federal and state court asking the judiciary to ensure there’s a new map in time for this year’s elections.
State Senate: Map enacted for the 2022 elections
State House: Map enacted for the 2022 elections
Missouri’s candidate filing period has come and gone and the state has yet to enact a new congressional map based on 2020 census data. The Missouri House and Senate have each passed separate congressional maps but have failed to reach a compromise and pass a unified version. As a result, several lawsuits have been filed in both federal and state court asking the judiciary to ensure there’s a new map in time for this year’s elections.
Congressional: Governor announced intention to veto map
State Senate: Map not yet enacted, awaits governor’s signature
State House: Map enacted for the 2022 elections
In New Hampshire, Gov. Chris Sununu (R) announced in March he would veto the Republican-controlled Legislature’s original congressional map, expressing a preference for a map with more competitive districts. At the end of April, the state House Redistricting Committee advanced a new congressional map, which the governor also criticized. The New Hampshire Supreme Court has already appointed a special master to redraw the state’s congressional districts if Sununu and the Legislature can’t agree on maps by the end of May.
State Senate: Map not yet enacted, awaits governor’s signature
State House: Map enacted for the 2022 elections
In New Hampshire, Gov. Chris Sununu (R) announced in March he would veto the Republican-controlled Legislature’s original congressional map, expressing a preference for a map with more competitive districts. At the end of April, the state House Redistricting Committee advanced a new congressional map, which the governor also criticized. The New Hampshire Supreme Court has already appointed a special master to redraw the state’s congressional districts if Sununu and the Legislature can’t agree on maps by the end of May.
Most challenged maps are allowed to stand for 2022.
As things stand now, the majority of challenged maps are going to be used this year — even if, as in the cases of Alabama and Georgia, federal courts have concluded the maps likely violate the voting rights of minorities. Indeed, a federal court decision has yet to force a state to redraw any maps — only state courts have succeeded in doing so. That means millions of Americans will vote under district lines this year that a court could eventually find illegal. You could be forgiven for concluding that federal courts, led by the U.S. Supreme Court, are more than a little reluctant to take the right to vote seriously. And while 2022 has already been a busy year for redistricting litigation, there’s still more to come in the months and years ahead.