The State of Redistricting in 2023

Congressional map: In litigation

State House map: In litigation

State Senate map: In litigation

In October 2022, the U.S. Supreme Court heard oral argument in Merrill v. Milligan, a case over whether the congressional plan Alabama Republicans enacted in 2021 violates Section 2 of the Voting Rights Act (VRA). The state used the challenged plan for last year’s midterms and a final decision over the legality of the map isn’t expected until the summer. If the Court upholds the map, it will likely be in place for the rest of the decade.

Meanwhile, there’s a separate lawsuit against the state House and Senate maps. Since this lawsuit also relies on Section 2, the case has been paused pending resolution of Merrill.

Congressional map: Only one district

State House map: Unchallenged

State Senate map: Possible redraw

In May 2022, the Alaska Supreme Court upheld a lower court ruling that struck down the state Senate map for being an “unconstitutional political gerrymander” and ordered the Alaska Redistricting Board to adopt an interim map for the 2022 elections. The interim map could remain in place for the rest of the decade, or the Redistricting Board could reconvene to draw a new state Senate map.

Congressional map: In litigation

State House map: In litigation

State Senate map: Unchallenged

There are two separate lawsuits challenging Arkansas’ congressional map, one in state court and one in federal court. The trial in state court is scheduled to begin on April 17, 2023, while the federal court is considering a motion to dismiss the case.

The case challenging the state House map was initially dismissed by a federal judge, who ruled that lawsuits alleging Section 2 violations can only be brought by the U.S. attorney general. The plaintiffs appealed this decision to the 8th U.S. Circuit Court of Appeals, where litigation is ongoing, with oral argument scheduled for Jan. 11, 2023.

Congressional map: In litigation

State House map: Unchallenged

State Senate map: Unchallenged

In May 2022, a trial court judge temporarily blocked the new configuration of Florida’s 5th Congressional District, finding that Florida Gov. Ron DeSantis’ (R) map, which the Florida Legislature enacted, likely violates the state constitution. A Florida appellate court ended up pausing that decision as litigation on the full legality of the map moves forward, meaning that DeSantis’ map was used in the 2022 midterms.

A separate federal lawsuit is also underway that alleges DeSantis’ congressional map violates the 14th and 15th Amendments of the U.S. Constitution. A trial in the federal case is currently scheduled for September 2023.

Congressional map: In litigation

State House map: In litigation

State Senate map: In litigation

Multiple lawsuits challenging Georgia’s new congressional and state House and Senate maps are underway. While some of the plaintiffs tried to block the maps from being used in 2022, a judge declined these requests. Litigation is ongoing.

Congressional map: In litigation

State House map: Unchallenged

State Senate map: Unchallenged

Several lawsuits were filed last year against Kansas’ new congressional map. In May 2022, the Kansas Supreme Court rejected the lawsuits and upheld the map. After the state Supreme Court declined to rehear the challenge, the plaintiffs asked the U.S. Supreme Court to review the decision — the request is currently pending. However, the Supreme Court only hears a tiny fraction of cases and the Kansas Supreme Court’s decision upholding the map will likely stand as the final judgment.

Congressional map: In litigation

State House map: In litigation

State Senate map: In litigation

In a case similar to Alabama, a federal judge initially found last year that Louisiana’s congressional map likely violates Section 2 of the VRA. The U.S. Supreme Court, however, blocked this decision and paused consideration of the case while it decides Merrill. The outcome in Alabama will likely determine the outcome in Louisiana as well.

A separate Section 2 lawsuit is challenging Louisiana’s state House and Senate maps for violating the VRA. On Aug. 30, 2022, a federal court paused the case to await a decision in Merrill.

Congressional map: In litigation

State House map: In litigation

State Senate map: In litigation

While several legal challenges to Michigan’s new maps have already been dismissed, a few are still active. State Republicans argue that the congressional map fails to comply with the one person, one vote requirement, which mandates that all congressional districts have roughly equal population. A three-judge panel declined to block the map for 2022 elections. Litigation is ongoing.

A lawsuit filed on behalf of Black voters challenges the new state House and Senate maps for violating Section 2 of the VRA. The plaintiffs didn’t try to block the maps before the 2022 elections. Litigation is ongoing.

Congressional map: In litigation

State House map: In litigation

State Senate map: In litigation

After Mississippi’s new congressional map was enacted, a three-judge panel rescinded a 2011 court order in a previous lawsuit requiring Mississippi to seek approval for its congressional map. The plaintiffs appealed this decision to the U.S. Supreme Court. While the Supreme Court has yet to act on this appeal, the outcome may impact the legality of the state’s current map.
In December 2022, a lawsuit was filed on behalf of the Mississippi NAACP against the state House and Senate maps for violating Section 2 of the VRA. Litigation is ongoing.

Congressional map: Unchallenged

State House map: New map proposed

State Senate map: New map proposed

Montana didn’t redraw its state House or Senate districts in 2021 and the state’s redistricting commission is currently working on creating new maps for future elections. In December 2022, the commission voted to submit tentative maps to the Legislature for comments. After the Legislature provides feedback, the commission will have 30 days to make potential changes before the maps are finalized and submitted to the secretary of state. Once the maps are enacted, litigation over the districts is possible.

Congressional map: Unchallenged

State House map: Unchallenged

State Senate map: Under litigation

New Hampshire’s congressional map was drawn by a court after Gov. Chris Sununu (R) and the Republican-controlled Legislature couldn’t agree on a proposal. After being adopted by the court, the map is currently unchallenged and should stay that way unless a new lawsuit is filed this year. Meanwhile, a group of voters challenged the state Senate and Executive Council maps. The court dismissed the case on Oct. 5, 2022 and the plaintiffs appealed this decision. Litigation is ongoing.

Congressional map: In litigation

State House map: Unchallenged

State Senate map: Unchallenged

New Mexico Republicans filed a lawsuit against the state’s congressional map last year. While a court denied their request to block the map before the 2022 elections, litigation is ongoing for upcoming election cycles. The New Mexico Supreme Court heard oral argument on Jan. 9, 2023.

Congressional map: In litigation

State Assembly map: Ordered to be redrawn

State Senate map: In litigation

As a result of litigation, both the New York congressional and state Senate maps were redrawn last year before the midterm elections. The state Assembly map was also challenged, but the original map enacted by Democrats remained in place for the elections. On Sept. 29, 2022, a judge ordered the state’s redistricting commission to reconvene and pass a new Assembly map by April 28, 2023. In the meantime, this decision has been appealed.

Meanwhile, another lawsuit implicates all three maps. The plaintiffs claim that New York’s redistricting commission never fulfilled its constitutional obligations and ask the court to compel the commission to reconvene and submit new map proposals to the New York Legislature. While the suit was dismissed in September 2022, the plaintiffs have appealed.

Congressional map: Map only in place for 2022

State House map: Adopted new maps in February 2022

State Senate map: Ordered to be redrawn

All three of North Carolina’s maps were struck down by the state Supreme Court in February 2022. The trial court in the case ended up adopting a court-drawn congressional map. State Republicans appealed the decision striking down the congressional map and the creation of a court-drawn map to the U.S. Supreme Court — the Court heard oral argument in December 2022. But no matter how the Court rules, the congressional map will be redrawn, as the court-drawn map was an interim map only used in the 2022 elections.

Meanwhile, the trial court adopted updated state House and Senate maps drawn by the state Legislature. On Dec. 16, 2022, the North Carolina Supreme Court upheld the new House map but struck down the state Senate map for being a partisan gerrymander. As a result, the trial court is now overseeing the adoption of a new state Senate map.

Congressional map: Ordered to be redrawn

State House map: Ordered to be redrawn

State Senate map: Ordered to be redrawn

If you thought Ohio’s redistricting mess would be confined to 2022, you thought wrong. The congressional, state House and state Senate maps used in the midterms last year were all found unconstitutional by the Ohio Supreme Court and are supposed to be redrawn before the next elections. Ohio lawmakers, however, have missed every deadline to draw new maps so far. Ohio Republicans have also asked the U.S. Supreme Court to review the Ohio Supreme Court’s decision to strike down the congressional map. The U.S. Supreme Court has yet to act on this request.

One big change from 2022, however, is that Chief Justice Maureen O’Connor (R) — who voted with Democrats to strike down gerrymandered maps — is no longer on the Ohio Supreme  Court. The court may now be more amenable to Republican attempts to gerrymander Ohio’s districts.

Congressional map: Ordered to be redrawn

State House map: New map in effect

State Senate map: Unchallenged

In South Carolina, a single lawsuit challenged both the congressional map and the state House map for discriminating against Black voters in violation of the 14th and 15th Amendments. The parties in the case reached an agreement to draw a new state House map before the 2022 elections. On Jan. 6, 2023, the court struck down the congressional map for being a racial gerrymander and ordered a new map to be drawn.

Congressional map: Unchallenged

State House map: In litigation

State Senate map: In litigation

Democratic voters filed a lawsuit challenging Tennessee’s new state House and Senate maps. A three judge-panel initially blocked the state Senate map for the midterms, but the Tennessee Supreme Court overturned that decision. Litigation over the maps is ongoing at the trial court level.

Congressional map: In litigation

State House map: In litigation

State Senate map: In litigation

Texas’ congressional, state House and state Senate maps are all being challenged for violating either or both Section 2 of the VRA and the 14th Amendment of the U.S. Constitution. The maps were used in last November’s elections and litigation is ongoing.

Congressional map: In litigation

State House map: Unchallenged

State Senate map: Unchallenged

Utah’s congressional map is being challenged for being a partisan gerrymander. The state Legislature rejected the proposals drawn by the state’s independent redistricting commission and enacted its own map that gave Republicans control of all four districts. Litigation in state court is ongoing.

Congressional map: Unchallenged

State House map: In litigation

State Senate map: In litigation

Two lawsuits challenge Washington’s state House and Senate maps. One challenges a district for being a racial gerrymander that violates the 14th Amendment and a trial is scheduled for February 2023. The other lawsuit challenges multiple districts for violating Section 2 of the VRA and a trial is scheduled for May 2023.