State of Pennsylvania

Pennsylvania At-Large Congressional Elections

Toth Jr. v. Chapman

Lawsuit filed on behalf of four Republicans — including two candidates for Congress and a member of the Susquehanna County Board of Elections — challenging the state court system’s ability to draw new districts after the Legislature failed to do so. The plaintiffs claim that state legislatures are the sole governmental body tasked with redistricting and “any attempt by the state judiciary to usurp the legislature’s constitutionally assigned role must be disregarded by state officials.” Therefore, the plaintiffs argue that the Pennsylvania Supreme Court, which has already taken over redistricting in the state after an impasse, cannot draw new maps. The lawsuit alleges that “any map imposed by the state supreme court would be flatly unconstitutional” and the only remedy, unless the General Assembly adopts a new map, is for Pennsylvania to hold at-large elections for congressional members in 2022. After the Pennsylvania Supreme Court adopted a new congressional map following impasse litigation in Carter v. Chapman, the plaintiffs in this lawsuit sought emergency relief from the U.S. Supreme Court blocking the new map. by arguing that the state Supreme Court cannot be involved in congressional redistricting. The U.S. Supreme Court denied the petition, and case went back to the three-judge panel for litigation. After the three-judge panel dismissed the case’s two Elections Clause claims, the plaintiffs voluntarily dismissed their remaining malapportionment claim.

Case Documents (district court)

Case Documents (U.s. supreme court)

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