After Losing in Court, Utah GOPers Unveil Audacious Scheme To Create New Gerrymander

Utah Republicans introduced a bill late Sunday that uses an audacious new scheme to rig the map-drawing process, after a court struck down their gerrymander.

The bill, introduced by Sen. Brady Brammer (R), came as lawmakers held a hearing to begin the court-ordered process of selecting a new congressional map. 

Put plainly, it would allow the legislature to use the statistical average of the bright red state’s statewide election results over the last 12 years — in which the GOP has consistently won by comfortable margins — as the “partisan index” for all of the state’s congressional districts, creating four solidly Republican seats. 

Essentially, the plan would create a lofty-sounding rationale for a naked pro-GOP gerrymander. 

And it would effectively narrow the standard for courts to determine whether a proposed map is a partisan gerrymander, preventing judges from conducting the more painstaking analysis currently allowed under a redistricting reform measure passed by voters in 2018. 

Utah GOPers’ bid to ensure they keep all four of the state’s congressional seats comes as the party, amid pressure from President Donald Trump, looks to gerrymander as many states as possible nationwide, in order to boost their chances of keeping control of the U.S. House next year.

Brammer introduced the bill just before the legislative redistricting committee began the process Monday of picking a new, court-ordered congressional map. 

In 2018, Utah voters approved Proposition 4 — a ballot measure to create an independent redistricting commission in order to avoid gerrymandering. But the legislature repealed Prop 4 and drew a gerrymandered map. 

Pro-voting groups sued, challenging the repeal and the creation of the new map, which the Utah Supreme Court ultimately ruled was unconstitutional. Earlier this month, the same court denied the state legislature’s petition to keep its gerrymandered congressional map in place for upcoming elections, and ordered lawmakers to present a new map by Sept. 25.

At Monday’s committee meeting, five new maps were unveiled for consideration. Utah is divided into four congressional districts — all represented by Republicans — but the court ruling could give Democrats an additional seat in Congress. Four of the five maps proposed by Utah lawmakers would include at least one district that former Vice President Kamala Harris won in the 2024 election. 

But Brammer’s bill could upend the process, if it becomes law. 

The committee is scheduled to debate and vote on the bill by Tuesday. Should it pass, it will be included in the agenda for the legislature’s special session next month. 

The redistricting committee has until Thursday to pick a new map. Then it has a 10-day public comment period before the full legislature votes on it during the special session and it’s sent to the court for final approval.