Redistricting in Pennsylvania after the 2020 census

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Redistricting after the 2020 census

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The 2020 cycle
Congressional apportionment
Redistricting committees
Deadlines
Lawsuits
Status of redistricting maps
Congressional maps
State legislative maps
Congressional and state legislative maps
Redistricting apps and software
General information
State-by-state redistricting procedures
United States census, 2020
Majority-minority districts
Gerrymandering

## Contents

* 1 Summary
* 2 Apportionment and release of census data
* 2.1 Apportionment following the 2020 census
* 2.1.1 Redistricting data from the Census Bureau
* 3 Drafting process
* 3.1 Timeline
* 3.2 Committees and/or commissions involved in the process
* 4 Enactment
* 4.1 Enacted congressional district maps
* 4.2 Enacted state legislative district maps
* 5 Court challenges
* 5.1 Carter v. Degraffenreid
* 6 Noteworthy events
* 6.1 Pennsylvania Legislative Reapportionment Commission voted to count incarcerated individuals at place of residence
* 7 Background
* 7.1 Federal requirements for congressional redistricting
* 7.2 Federal requirements for state legislative redistricting
* 7.3 State-based requirements
* 7.4 Methods
* 7.5 Gerrymandering
* 7.6 Recent court decisions
* 7.7 Trifectas and redistricting
* 8 2010 redistricting cycle
* 8.1 Congressional redistricting, 2010
* 8.2 State legislative redistricting, 2010
* 9 See also
* 10 External links
* 11 Footnotes

Redistricting is the process of enacting new congressional and state legislative district boundaries. Upon completion of the 2020 census, Pennsylvania will draft and enact new district maps. This article chronicles the 2020 redistricting cycle in Pennsylvania.

Pennsylvania's 17 United States representatives and 253 state legislators are all elected from political divisions called districts. District lines are redrawn every 10 years following completion of the United States census. Federal law stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity.

See the sections below for further information on the following topics:

1. Summary: This section provides summary information about the drafting and enacting processes.
2. Apportionment and release of census data: This section details the 2020 apportionment process, including data from the United States Census Bureau.
3. Drafting process: This section details the drafting process for new congressional and state legislative district maps.
4. Enactment: This section provides information about the enacted congressional and state legislative district maps.
5. Court challenges: This section details court challenges to the enacted congressional and state legislative district maps.
6. Background: This section summarizes federal and state-based requirements for redistricting at both the congressional and state legislative levels. A summary of the 2010 redistricting cycle in Pennsylvania is also provided.

## Summary[edit]

This section lists major events in the post-2020 census redistricting cycle in reverse chronological order. Major events include the release of apportionment data, the release of census population data, the introduction of formal map proposals, the enactment of new maps, and noteworthy court challenges. Click the dates below for additional information.

* September 16, 2021: The U.S. Census Bureau released data from the 2020 census in an easier-to-use format to state redistricting authorities and the public.
* August 12, 2021: The U.S. Census Bureau delivered redistricting data to states in a legacy format.
* April 26, 2021: The U.S. Census Bureau delivered apportionment counts.

## Apportionment and release of census data[edit]

Apportionment is the process by which representation in a legislative body is distributed among its constituents. The number of seats in the United States House of Representatives is fixed at 435. The United States Constitution dictates that districts be redrawn every 10 years to ensure equal populations between districts. Every ten years, upon completion of the United States census, reapportionment occurs.[1]

### Apportionment following the 2020 census[edit]

The U.S. Census Bureau delivered apportionment counts on April 26, 2021. Pennsylvania was apportioned 17 seats in the U.S. House of Representatives. This represented a net loss of one seat as compared to apportionment after the 2010 census.[2]

See the table below for additional details.

2020 and 2010 census information for Pennsylvania

State  |  2010 census  |  2020 census  |  2010-2020
Population  |  U.S. House seats  |  Population  |  U.S. House seats  |  Raw change in population  |  Percentage change in population  |  Change in U.S. House seats
Pennsylvania | 12,734,905 | 18 | 13,011,844 | 17 | 276,939 | 2.17% | -1

#### Redistricting data from the Census Bureau[edit]

On February 12, 2021, the Census Bureau announced that it would deliver redistricting data to the states by September 30, 2021. On March 15, 2021, the Census Bureau released a statement indicating it would make redistricting data available to the states in a legacy format in mid-to-late August 2021. A legacy format presents the data in raw form, without data tables and other access tools. On May 25, 2021, Ohio Attorney General Dave Yost (R) announced that the state had reached a settlement agreement with the Census Bureau in its lawsuit over the Census Bureau's timetable for delivering redistricting data. Under the terms of the settlement, the Census Bureau agreed to deliver redistricting data, in a legacy format, by August 16, 2021.[3][4][5][6] The Census Bureau released the 2020 redistricting data in a legacy format on August 12, 2021, and in an easier-to-use format at data.census.gov on September 16, 2021.[7][8]

## Drafting process[edit]

In Pennsylvania, the statutory authority to draw congressional district boundaries is vested with the Pennsylvania General Assembly. These lines are subject to gubernatorial veto.[9]

State legislative district lines are drawn by a politician commission. Established in 1968, the commission comprises five members:[9]

1. The majority leader of the Pennsylvania State Senate appoints one member.
2. The minority leader of the Pennsylvania State Senate appoints one member.
3. The majority leader of the Pennsylvania House of Representatives appoints one member.
4. The minority leader of the Pennsylvania House of Representatives appoints one member.
5. The first four commissioners appoint a fifth member to serve as the commission's chair. If the commission is unable to reach an agreement, the Pennsylvania Supreme Court must appoint a commission chair.[9]

The Pennsylvania Constitution requires that state legislative districts be contiguous and compact. Further, state legislative districts should "respect county, city, incorporated town, borough, township and ward boundaries." There are no such requirements in place for congressional districts.[9]

### Timeline[edit]

Redistricting authorities in Pennsylvania have not established a timeline for the 2020 cycle. According to a February 12, 2021, report from the Associated Press, Pennsylvania state Senate President Pro Tempore Jake Corman (R) said the state might have to postpone its 2022 primary, scheduled for May 17, 2022. "We’re not at the point where [we] have to put off the primary, but it’s something we have to consider if the data comes in so late," Corman said.[10][11]

On July 12, 2021, a series of public hearings on congressional redistricting was announced by the Pennsylvania House State Government Committee.[12] Several hearings in September were rescheduled to take place in October to accommodate a special session of the Pennsylvania legislature.[13]

Congressional redistricting hearing schedule, 2020 cycle

Date  |  Event
9 a.m. July 22, 2021  |  Congressional Redistricting 101: Harrisburg
1:30 p.m. July 22, 2021  |  Stakeholder Input: Harrisburg
August 24, 2021  |  Regional Hearing: Northwest
August 25, 2021  |  Regional Hearing: Allegheny County
August 26, 2021  |  Regional Hearing: Southwest
October 12, 2021  |  Regional Hearing: North Central
October 13, 2021  |  Regional Hearing: South Central
October 18, 2021  |  Regional Hearing: Northeast
October 19, 2021  |  Regional Hearing: Southeast
October 20, 2021  |  Regional Hearing: Philadelphia

On Oct. 13, Gov. Tom Wolf (D) announced the Pennsylvania Redistricting Advisory Council would hold a series of public hearings on redistricting.[14]

Pennsylvania Redistricting Advisory Council hearing schedule, 2020 cycle

Date  |  Location
5:30 p.m. October 18, 2021  |  Rachel Carson State Office Building
400 Market St.
Harrisburg, PA 17101
5:30 p.m. October 20, 2021  |  University of Scranton
Brennan Hall, The Rose Room
800 Linden St.
Scranton, PA 18510
11:00 a.m. October 22, 2021  |  Point Park University
Center for Media Innovation
305 Wood St.
Pittsburgh, PA 15222
5:00 p.m. October 25, 2021  |  West Chester University
Swope Music Building, Ware Recital Hall
817 S. High St.
West Chester, PA 19382
11:00 a.m. October 27, 2021  |  Penn State Behrend
Pat Black III Conference Center, 180 Burke
5101 Jordan Rd.
Erie, PA 16563
11:00 a.m. October 29, 2021  |  Drexel University
Creese Student Center
3210 Chestnut St.
Philadelphia, PA 19104
11:00 a.m. November 1, 2021  |  Penn State Main Campus
HUB-Robeson Center, 201 Old Main
University Park, PA 16802
5:30 p.m. November 3, 2021  |  Mansfield University
Manser Hall
31 S. Academy St.
Mansfield, PA 16933

On Oct. 25, the Pennsylvania Legislative Reapportionment Commission announced it had certified U.S. Census data.[15] The deadline for the commission to draw legislative maps is 90 days after the certification of data.[16]

### Committees and/or commissions involved in the process[edit]

In Pennsylvania, the following committees are involved in the redistricting process: the Pennsylvania Legislative Reapportionment Commission, the House State Government Committee, the Senate State Government Committee, and the Pennsylvania Redistricting Advisory Council.

On Sept. 13, 2021, Gov. Tom Wolf (D) announced the membership of the Pennsylvania Redistricting Advisory Council. According to the governor's press release, the council: "will review processes in other states that reduce gerrymandering, develop factors to determine if a plan improves the integrity and fairness and prevents the dilution of a person’s vote and offer recommendations to ensure that districts are compact and contiguous to keep communities together and ensure people are proportionally represented."

Pennsylvania Redistricting Advisory Council membership, 2020 cycle

Name  |  Profession
Tabatha Abu El-Haj  |  Professor of law, Drexel University
Lee Ann Banaszak  |  Political scientist, Penn State University
Beth Campbell  |  Mathematician, Gettysburg College
Christopher S. Fowler  |  Geographer, Penn State University
John J. Kennedy  |  Political scientist, West Chester University
Sozi Tulante  |  Former Philadelphia City Solicitor

On May 3, 2021, the Pennsylvania Supreme Court announced the appointment of Mark Nordenberg as chair of the Pennsylvania Legislative Reapportionment Commission. Nordenberg, Chair of the University of Pittsburgh’s Institute of Politics, joined Sen. Majority Leader Kim Ward (R), Sen. Minority Leader Jay Costa (D), House Majority Leader Kerry Benninghoff (R), and House Minority Leader Joanna McClinton (D). The state supreme court appointed Nordenberg as chair after the four other members of the commission failed to agree on an appointment.[17]

Pennsylvania House State Government Committee membership, 2020 cycle

Name  |  Partisan affiliation
Rep. Seth Grove (Chair) |  Republican
Rep. Scott Conklin (Democratic Chair) |  Democratic
Rep. Louis Schmitt Jr. |  Republican
Rep. Russell Diamond |  Republican
Rep. Ryan Mackenzie |  Republican
Rep. Brett Miller |  Republican
Rep. Jason Ortitay |  Republican
Rep. Paul Schemel |  Republican
Rep. Matthew Dowling |  Republican
Rep. Dawn Keefer |  Republican
Rep. Andrew Lewis |  Republican
Rep. Eric Nelson |  Republican
Rep. Clint Owlett |  Republican
Rep. Francis Ryan |  Republican
Rep. Craig Staats |  Republican
Rep. Jeff Wheeland |  Republican
Rep. Isabella Fitzgerald |  Democratic
Rep. Kristine Howard |  Democratic
Rep. Malcolm Kenyatta |  Democratic
Rep. Maureen Madden |  Democratic
Rep. Ben Sanchez |  Democratic
Rep. Brian Sims |  Democratic
Rep. Jared Solomon |  Democratic
Rep. Joseph Webster |  Democratic
Rep. Regina Young |  Democratic

Pennsylvania Senate State Government Committee membership, 2020 cycle

Name  |  Partisan affiliation
Rep. David Argall (Chair) |  Republican
Rep. Sharif Street (Democratic Chair) |  Democratic
Rep. Cris Dush |  Republican
Rep. Jake Corman |  Republican
Rep. Daniel Laughlin |  Republican
Rep. Doug Mastriano |  Republican
Rep. Kristin Phillips-Hill |  Republican
Rep. Patrick Stefano |  Republican
Rep. Maria Collett |  Democratic
Rep. Katie Muth |  Democratic
Rep. Anthony Williams |  Democratic

## Enactment[edit]

### Enacted congressional district maps[edit]

Pennsylvania is drawing congressional district maps following the 2020 census. New congressional district maps have not yet been enacted.

### Enacted state legislative district maps[edit]

Pennsylvania is drawing state legislative district maps following the 2020 census. New state legislative district maps have not yet been enacted.

## Court challenges[edit]

If you are aware of any relevant lawsuits that are not listed here, please email us at editor@ballotpedia.org.

### Carter v. Degraffenreid[edit]

On April 26, 2021, a group of registered Pennsylvania voters filed suit against Acting Secretary of the Commonwealth Veronica Degraffenreid in the Commonwealth Court of Pennsylvania, asking that the court "declare Pennsylvania's current congressional district plan unconstitutional; enjoin Respondents from using the current plan in any future elections; and implement a new congressional district plan that adheres to the constitutional requirement of one-person, one-vote should the General Assembly and Governor fail to do so." The plaintiffs argued that the apportionment counts released by the U.S. Census Bureau on April 26, 2021, "confirm the inevitable reality that population shifts that occurred during the last decade have rendered Pennsylvania's congressional plan unconstitutionally malapportioned." The plaintiffs added, "There is no reasonable prospect that Pennsylvania's political branches will reach consensus to enact a lawful congressional district plan in time to be used in the upcoming 2022 elections," citing partisan differences between Governor Tom Wolf, a Democrat, and the Pennsylvania General Assembly, where Republicans have majorities in both chambers. In light of these circumstances, the plaintiffs asked that the court "assume jurisdiction now and establish a schedule that will enable the Court to adopt its own plan in the near-certain event that the political branches fail to timely do so."[18]

## Noteworthy events[edit]

### Pennsylvania Legislative Reapportionment Commission voted to count incarcerated individuals at place of residence[edit]

On Aug. 23, 2021, the Pennsylvania Legislative Reapportionment Commission voted 3-2 to implement a measure that would count incarcerated individuals at their last known address, rather than at their place of incarceration for the purposes of state legislative redistricting. Sen. Jay Costa (D), Rep. Joanna McClinton (D), and Mark Nordenberg, the independent chair of the commission, voted in support of the measure, while Sen. Kim Ward (R) and Rep. Kerry Benninghoff (R) opposed it.[19] On Sept. 21, the Pennsylvania Legislative Reapportionment Commission said it would only reallocate incarcerated individuals whose sentences expire in less than ten years.[20]

## Background[edit]

This section includes background information on federal requirements for congressional redistricting, state legislative redistricting, state-based requirements, redistricting methods used in the 50 states, gerrymandering, and recent court decisions.

What is redistricting and what does it entail?

### Federal requirements for congressional redistricting[edit]

According to Article I, Section 4 of the United States Constitution, the states and their legislatures have primary authority in determining the "times, places, and manner" of congressional elections. Congress may also pass laws regulating congressional elections.[21][22]

“  | The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.[23] |  ”

|
|

—United States Constitution

Article I, Section 2 of the United States Constitution stipulates that congressional representatives be apportioned to the states on the basis of population. There are 435 seats in the United States House of Representatives. Each state is allotted a portion of these seats based on the size of its population relative to the other states. Consequently, a state may gain seats in the House if its population grows or lose seats if its population decreases, relative to populations in other states. In 1964, the United States Supreme Court ruled in Wesberry v. Sanders that the populations of House districts must be equal "as nearly as practicable."[24][25][26]

The equal population requirement for congressional districts is strict. According to All About Redistricting, "Any district with more or fewer people than the average (also known as the 'ideal' population), must be specifically justified by a consistent state policy. And even consistent policies that cause a 1 percent spread from largest to smallest district will likely be unconstitutional."[26]

### Federal requirements for state legislative redistricting[edit]

The United States Constitution is silent on the issue of state legislative redistricting. In the mid-1960s, the United States Supreme Court issued a series of rulings in an effort to clarify standards for state legislative redistricting. In Reynolds v. Sims, the court ruled that "the Equal Protection Clause [of the United States Constitution] demands no less than substantially equal state legislative representation for all citizens, of all places as well as of all races." According to All About Redistricting, "it has become accepted that a [redistricting] plan will be constitutionally suspect if the largest and smallest districts [within a state or jurisdiction] are more than 10 percent apart."[26]

### State-based requirements[edit]

In addition to the federal criteria noted above, individual states may impose additional requirements on redistricting. Common state-level redistricting criteria are listed below.

1. Contiguity refers to the principle that all areas within a district should be physically adjacent. A total of 49 states require that districts of at least one state legislative chamber be contiguous (Nevada has no such requirement, imposing no requirements on redistricting beyond those enforced at the federal level). A total of 23 states require that congressional districts meet contiguity requirements.[26][27]
2. Compactness refers to the general principle that the constituents within a district should live as near to one another as practicable. A total of 37 states impose compactness requirements on state legislative districts; 18 states impose similar requirements for congressional districts.[26][27]
3. A community of interest is defined by FairVote as a "group of people in a geographical area, such as a specific region or neighborhood, who have common political, social or economic interests." A total of 24 states require that the maintenance of communities of interest be considered in the drawing of state legislative districts. A total of 13 states impose similar requirements for congressional districts.[26][27]
4. A total of 42 states require that state legislative district lines be drawn to account for political boundaries (e.g., the limits of counties, cities, and towns). A total of 19 states require that similar considerations be made in the drawing of congressional districts.[26][27]

### Methods[edit]

In general, a state's redistricting authority can be classified as one of the following:[28]

1. Legislature-dominant: In a legislature-dominant state, the legislature retains the ultimate authority to draft and enact district maps. Maps enacted by the legislature may or may not be subject to gubernatorial veto. Advisory commissions may also be involved in the redistricting process, although the legislature is not bound to adopt an advisory commission's recommendations.
2. Commission: In a commission state, an extra-legislative commission retains the ultimate authority to draft and enact district maps. A non-politician commission is one whose members cannot hold elective office. A politician commission is one whose members can hold elective office.
3. Hybrid: In a hybrid state, the legislature shares redistricting authority with a commission.

### Gerrymandering[edit]

In 1812, Massachusetts Governor Elbridge Gerry signed into law a state Senate district map that, according to the Encyclopædia Britannica, "consolidated the Federalist Party vote in a few districts and thus gave disproportionate representation to Democratic-Republicans." The word gerrymander was coined by The Boston Gazette to describe the district.

See also: Gerrymandering

The term gerrymandering refers to the practice of drawing electoral district lines to favor one political party, individual, or constituency over another. When used in a rhetorical manner by opponents of a particular district map, the term has a negative connotation but does not necessarily address the legality of a challenged map. The term can also be used in legal documents; in this context, the term describes redistricting practices that violate federal or state laws.[29][30]

For additional background information about gerrymandering, click "[Show more]" below.

Show more

The phrase racial gerrymandering refers to the practice of drawing electoral district lines to dilute the voting power of racial minority groups. Federal law prohibits racial gerrymandering and establishes that, to combat this practice and to ensure compliance with the Voting Rights Act, states and jurisdictions can create majority-minority electoral districts. A majority-minority district is one in which a racial group or groups comprise a majority of the district's populations. Racial gerrymandering and majority-minority districts are discussed in greater detail in this article.[31]

The phrase partisan gerrymandering refers to the practice of drawing electoral district maps with the intention of favoring one political party over another. In contrast with racial gerrymandering, on which the Supreme Court of the United States has issued rulings in the past affirming that such practices violate federal law, the high court had not, as of November 2017, issued a ruling establishing clear precedent on the question of partisan gerrymandering. Although the court has granted in past cases that partisan gerrymandering can violate the United States Constitution, it has never adopted a standard for identifying or measuring partisan gerrymanders. Partisan gerrymandering is described in greater detail in this article.[32][33]

### Recent court decisions[edit]

See also: Redistricting cases heard by the Supreme Court of the United States

The Supreme Court of the United States has, in recent years, issued several decisions dealing with redistricting policy, including rulings relating to the consideration of race in drawing district maps, the use of total population tallies in apportionment, and the constitutionality of independent redistricting commissions. The rulings in these cases, which originated in a variety of states, impact redistricting processes across the nation.

For additional background information about these cases, click "[Show more]" below.

Show more

#### Gill v. Whitford (2018)[edit]

See also: Gill v. Whitford

In Gill v. Whitford, decided on June 18, 2018, the Supreme Court of the United States ruled that the plaintiffs—12 Wisconsin Democrats who alleged that Wisconsin's state legislative district plan had been subject to an unconstitutional gerrymander in violation of the First and Fourteenth Amendments—had failed to demonstrate standing under Article III of the United States Constitution to bring a complaint. The court's opinion, penned by Chief Justice John Roberts, did not address the broader question of whether partisan gerrymandering claims are justiciable and remanded the case to the district court for further proceedings. Roberts was joined in the majority opinion by Associate Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor, and Elena Kagan. Kagan penned a concurring opinion joined by Ginsburg, Breyer, and Sotomayor. Associate Justice Clarence Thomas penned an opinion that concurred in part with the majority opinion and in the judgment, joined by Associate Justice Neil Gorsuch.[34]

#### Cooper v. Harris (2017)[edit]

See also: Cooper v. Harris

In Cooper v. Harris, decided on May 22, 2017, the Supreme Court of the United States affirmed the judgment of the United States District Court for the Middle District of North Carolina, finding that two of North Carolina's congressional districts, the boundaries of which had been set following the 2010 United States Census, had been subject to an illegal racial gerrymander in violation of Section 2 of the Voting Rights Act. Justice Elena Kagan delivered the court's majority opinion, which was joined by Justices Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor (Thomas also filed a separate concurring opinion). In the court's majority opinion, Kagan described the two-part analysis utilized by the high court when plaintiffs allege racial gerrymandering as follows: "First, the plaintiff must prove that 'race was the predominant factor motivating the legislature's decision to place a significant number of voters within or without a particular district.' ... Second, if racial considerations predominated over others, the design of the district must withstand strict scrutiny. The burden shifts to the State to prove that its race-based sorting of voters serves a 'compelling interest' and is 'narrowly tailored' to that end." In regard to the first part of the aforementioned analysis, Kagan went on to note that "a plaintiff succeeds at this stage even if the evidence reveals that a legislature elevated race to the predominant criterion in order to advance other goals, including political ones." Justice Samuel Alito delivered an opinion that concurred in part and dissented in part with the majority opinion. This opinion was joined by Chief Justice John Roberts and Justice Anthony Kennedy.[35][36][37]

#### Evenwel v. Abbott (2016)[edit]

See also: Evenwel v. Abbott

Evenwel v. Abbott was a case decided by the Supreme Court of the United States in 2016. At issue was the constitutionality of state legislative districts in Texas. The plaintiffs, Sue Evenwel and Edward Pfenninger, argued that district populations ought to take into account only the number of registered or eligible voters residing within those districts as opposed to total population counts, which are generally used for redistricting purposes. Total population tallies include non-voting residents, such as immigrants residing in the country without legal permission, prisoners, and children. The plaintiffs alleged that this tabulation method dilutes the voting power of citizens residing in districts that are home to smaller concentrations of non-voting residents. The court ruled 8-0 on April 4, 2016, that a state or locality can use total population counts for redistricting purposes. The majority opinion was penned by Justice Ruth Bader Ginsburg.[38][39][40][41]

#### Harris v. Arizona Independent Redistricting Commission (2016)[edit]

Justice Stephen Breyer penned the majority opinion in Harris v. Arizona Independent Redistricting Commission.

See also: Harris v. Arizona Independent Redistricting Commission

Harris v. Arizona Independent Redistricting Commission was a case decided by the Supreme Court of the United States in 2016. At issue was the constitutionality of state legislative districts that were created by the commission in 2012. The plaintiffs, a group of Republican voters, alleged that "the commission diluted or inflated the votes of almost two million Arizona citizens when the commission intentionally and systematically overpopulated 16 Republican districts while under-populating 11 Democrat districts." This, the plaintiffs argued, constituted a partisan gerrymander. The plaintiffs claimed that the commission placed a disproportionately large number of non-minority voters in districts dominated by Republicans; meanwhile, the commission allegedly placed many minority voters in smaller districts that tended to vote Democratic. As a result, the plaintiffs argued, more voters overall were placed in districts favoring Republicans than in those favoring Democrats, thereby diluting the votes of citizens in the Republican-dominated districts. The defendants countered that the population deviations resulted from legally defensible efforts to comply with the Voting Rights Act and obtain approval from the United States Department of Justice. At the time of redistricting, certain states were required to obtain preclearanceA jurisdiction subject to preclearance needed to get approval from the U.S. Department of Justice before changing election laws or district maps. from the U.S. Department of Justice before adopting redistricting plans or making other changes to their election laws—a requirement struck down by the United States Supreme Court in Shelby County v. Holder (2013). On April 20, 2016, the court ruled unanimously that the plaintiffs had failed to prove that a partisan gerrymander had taken place. Instead, the court found that the commission had acted in good faith to comply with the Voting Rights Act. The court's majority opinion was penned by Justice Stephen Breyer.[42][43][44]

#### Arizona State Legislature v. Arizona Independent Redistricting Commission (2015)[edit]

See also: Arizona State Legislature v. Arizona Independent Redistricting Commission
Arizona State Legislature v. Arizona Independent Redistricting Commission was a case decided by the Supreme Court of the United States in 2015. At issue was the constitutionality of the Arizona Independent Redistricting Commission, which was established by state constitutional amendment in 2000. According to Article I, Section 4 of the United States Constitution, "the Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof." The state legislature argued that the use of the word "legislature" in this context is literal; therefore, only a state legislature may draw congressional district lines. Meanwhile, the commission contended that the word "legislature" ought to be interpreted to mean "the legislative powers of the state," including voter initiatives and referenda. On June 29, 2015, the court ruled 5-4 in favor of the Arizona Independent Redistricting Commission, finding that "redistricting is a legislative function, to be performed in accordance with the state's prescriptions for lawmaking, which may include the referendum and the governor's veto." The majority opinion was penned by Justice Ruth Bader Ginsburg and joined by Justices Anthony Kennedy, Stephen Breyer, Elena Kagan, and Sonia Sotomayor. Chief Justice John Roberts and Justices Clarence Thomas, Antonin Scalia, and Samuel Alito dissented.[45][46][47][48]

### Trifectas and redistricting[edit]

In 34 of the states that conducted legislative elections in 2020, the legislatures themselves will play a significant part in the subsequent redistricting process. The winner of eight of 2020's gubernatorial elections will have veto authority over state legislative or congressional district plans approved by legislatures. The party that won trifecta control of a state in which redistricting authority rests with the legislature will direct the process that produces the maps that will be used for the remainder of the decade. Trifecta shifts in the 2010 election cycle illustrate this point. In 2010, 12 states in which legislatures had authority over redistricting saw shifts in trifecta status. Prior to the 2010 elections, seven of these states were Democratic trifectas; the rest were divided governments. After the 2010 elections, seven of these states became Republican trifectas; the remainder either remained or became divided governments. The table below details these shifts and charts trifecta status heading into the 2020 election cycle.

The 12 legislature-redistricting states that saw trifecta shifts in 2010 – subsequent trifecta status

State  |  Primary redistricting authority  |  Pre-2010 trifecta status  |  Post-2010 trifecta status  |  Post-2018 trifecta status
Alabama  |  Legislature  |  Divided  |  Republican  |  Republican
Colorado  |  Congressional maps: legislature
State legislative maps: politician commission  |  Democratic  |  Divided  |  Democratic
Indiana  |  Legislature  |  Divided  |  Republican  |  Republican
Iowa  |  Legislature  |  Democratic  |  Divided  |  Republican
Maine  |  Legislature  |  Democratic  |  Republican  |  Democratic
Michigan  |  Legislature  |  Divided  |  Republican  |  Divided
New Hampshire  |  Legislature  |  Democratic  |  Divided  |  Divided
North Carolina  |  Legislature  |  Democratic  |  Divided  |  Divided
Ohio  |  Congressional maps: legislature
State legislative maps: politician commission  |  Divided  |  Republican  |  Republican
Oregon  |  Legislature  |  Democratic  |  Divided  |  Democratic
Pennsylvania  |  Congressional maps: legislature
State legislative maps: politician commission  |  Divided  |  Republican  |  Divided
Wisconsin  |  Legislature  |  Democratic  |  Republican  |  Divided

## 2010 redistricting cycle[edit]

Redistricting in Pennsylvania after the 2010 census

### Congressional redistricting, 2010[edit]

Following the 2010 United States Census, Pennsylvania lost one congressional seat. At the time of redistricting, Republicans held the governorship and both chambers of the Pennsylvania General Assembly. On December 20, 2011, the state legislature approved a congressional redistricting plan, which was signed into law by Governor Tom Corbett on December 22, 2011.[9][49]

On January 22, 2018, Pennsylvania's state supreme court struck down the state's congressional district map, finding that the map constituted an illegal partisan gerrymander. On February 19, 2018, the court adopted a remedial map for use in the 2018 election cycle. Pennsylvania Republicans filed suit in federal district court to prevent implementation of the new map. The district court dismissed the suit on March 19, 2018. State Republicans also petitioned the Supreme Court of the United States to stay the state supreme court's order pending appeal. The court rejected this request on March 19, 2018. For more information, see this article.

### State legislative redistricting, 2010[edit]

On October 31, 2011, the politician redistricting commission issued its state legislative district proposal. The commission approved the proposal by a 4-1 vote on December 12, 2011. On January 25, 2012, the Pennsylvania Supreme Court struck the map down, ruling that "the lines violated state constitutional requirements of compactness and adherence to the integrity of political subdivisions." The court ordered the commission to redraw the map. The court further ordered that the state legislative district map adopted during the 2000 redistricting cycle would apply to elections taking place in 2012.[9][50]

On June 8, 2012, the redistricting commission released its amended state legislative district proposal. This map was also subject to court challenges, but these were dismissed by the Pennsylvania Supreme Court on May 8, 2013. The new map took effect in 2014.[9][50]

## See also[edit]

* Redistricting in Pennsylvania after the 2010 census
* Redistricting in Pennsylvania
* State-by-state redistricting procedures
* Majority-minority districts

## External links[edit]

* Search Google News for this topic
* All About Redistricting
* Dave's Redistricting
* FiveThirtyEight, "What Redistricting Looks Like In Every State"
* National Conference of State Legislatures, "Redistricting Process"
* FairVote, "Redistricting"

## Footnotes[edit]

1. ↑ United States Census Bureau, "Apportionment," accessed July 11, 2018
2. ↑ United States Census Bureau, "2020 Census Apportionment Results Delivered to the President," April 26, 2021
3. ↑ United States Census Bureau, "2020 Census Operational Plan: Executive Summary," December 2015
4. ↑ United States Census Bureau, "Census Bureau Statement on Redistricting Data Timeline," February 12, 2021
5. ↑ Office of the Attorney General of Ohio, "AG Yost Secures Victory for Ohioans in Settlement with Census Bureau Data Lawsuit," May 25, 2021
6. ↑ U.S. Census Bureau, "U.S. Census Bureau Statement on Release of Legacy Format Summary Redistricting Data File," March 15, 2021
7. ↑ U.S. Census Bureau, "Decennial Census P.L. 94-171 Redistricting Data," accessed August 12, 2021
8. ↑ United States Census Bureau, "Census Bureau Delivers 2020 Census Redistricting Data in Easier-to-Use Format," September 16, 2021
9. ↑ 9.0 9.1 9.2 9.3 9.4 9.5 9.6 All About Redistricting, "Pennsylvania," accessed May 8, 2015
10. ↑ Associated Press, "Pennsylvania may need to delay 2022 primary, lawmaker says," February 12, 2021
11. ↑ Pennsylvania Redistricting, "Welcome to Pennsylvania Redistricting," accessed October 3, 2018
12. ↑ Pennsylvania Congressional Redistricting, "Hearing Schedule," accessed July 13, 2021
13. ↑ Pennsylvania Capital-Star, "Redistricting hearings moved as Pa. House plans early return to Capitol," September 9, 2021
14. ↑ Pennsylvania Office of the Governor, "Gov. Wolf’s Pennsylvania Redistricting Advisory Council Invites Public to Comment on Congressional Redistricting," October 13, 2021
15. ↑ Pennsylvania Redistricting, "October 25 - Legislative Reapportionment Commission Certifies U.S. Census Data Sets As Usable," October 25, 2021
16. ↑ WSKG, "PA Redistricting Panel Now On Deadline To Draft First Map," October 26, 2021
17. ↑ PoliticsPA, "PA Supreme Court Selects Former Pitt Chancellor Mark Nordenberg To Chair Legislative Reapportionment Commission," May 3, 2021
18. ↑ Commonwealth Court of Pennsylvania, "Carter v. Degraffenreid: Petition for Review Addressed to the Court's Original Jurisdiction," April 26, 2021
19. ↑ Pittsburgh Post-Gazette, "Pennsylvania redistricting commission: Prisoners will be counted based on home addresses, not prison location," August 23, 2021
20. ↑ Pittsburgh Post-Gazette, "Pennsylvania redistricting panel pares plan on where to count inmates," September 21, 2021
21. ↑ The Heritage Guide to the Constitution, "Election Regulations," accessed April 13, 2015
22. ↑ Brookings, "Redistricting and the United States Constitution," March 22, 2011
23. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
24. ↑ Brennan Center for Justice, "A Citizen's Guide to Redistricting," accessed March 25, 2015
25. ↑ The Constitution of the United States of America, "Article 1, Section 2," accessed March 25, 2015
26. ↑ 26.0 26.1 26.2 26.3 26.4 26.5 26.6 All About Redistricting, "Where are the lines drawn?" accessed April 9, 2015
27. ↑ 27.0 27.1 27.2 27.3 FairVote, "Redistricting Glossary," accessed April 9, 2015
28. ↑ All About Redistricting, "Who draws the lines?" accessed June 19, 2017
29. ↑ All About Redistricting, "Why does it matter?" accessed April 8, 2015
30. ↑ Encyclopædia Britannica, "Gerrymandering," November 4, 2014
31. ↑ Congressional Research Service, "Congressional Redistricting and the Voting Rights Act: A Legal Overview," April 13, 2015
32. ↑ The Wall Street Journal, "Supreme Court to Consider Limits on Partisan Drawing of Election Maps," June 19, 2017
33. ↑ The Washington Post, "Supreme Court to hear potentially landmark case on partisan gerrymandering," June 19, 2017
34. ↑ Supreme Court of the United States, "Gill v. Whitford: Decision," June 18, 2018
35. ↑ Election Law Blog, "Breaking: SCOTUS to Hear NC Racial Gerrymandering Case," accessed June 27, 2016
36. ↑ Ballot Access News, "U.S. Supreme Court Accepts Another Racial Gerrymandering Case," accessed June 28, 2016
37. ↑ Supreme Court of the United States, "Cooper v. Harris: Decision," May 22, 2017
38. ↑ The Washington Post, "Supreme Court to hear challenge to Texas redistricting plan," May 26, 2015
39. ↑ The New York Times, "Supreme Court Agrees to Settle Meaning of ‘One Person One Vote,'" May 26, 2015
40. ↑ SCOTUSblog, "Evenwel v. Abbott," accessed May 27, 2015
41. ↑ Associated Press, "Supreme Court to hear Texas Senate districts case," May 26, 2015
42. ↑ SCOTUSblog, "The new look at 'one person, one vote,' made simple," July 27, 2015
43. ↑ Supreme Court of the United States, "Harris v. Arizona Independent Redistricting Commission: Brief for Appellants," accessed December 14, 2015
44. ↑ Supreme Court of the United States, "Harris v. Arizona Independent Redistricting Commission," April 20, 2016
45. ↑ The New York Times, "Court Skeptical of Arizona Plan for Less-Partisan Congressional Redistricting," March 2, 2015
46. ↑ The Atlantic, "Will the Supreme Court Let Arizona Fight Gerrymandering?" September 15, 2014
47. ↑ United States Supreme Court, "Arizona State Legislature v. Arizona Independent Redistricting Commission: Opinion of the Court," June 29, 2015
48. ↑ The New York Times, "Supreme Court Upholds Creation of Arizona Redistricting Commission," June 29, 2015
49. ↑ Barone, M. & McCutcheon, C. (2013). The almanac of American politics 2014 : the senators, the representatives and the governors : their records and election results, their states and districts. Chicago, IL: University of Chicago Press.
50. ↑ 50.0 50.1 All About Redistricting, "Litigation in the 2010 cycle, Pennsylvania," accessed May 8, 2015

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