Redistricting in Maryland 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
2022 House elections with multiple incumbents
New U.S.House districts created after apportionment
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 Enactment
* 2.1 Enacted congressional district maps
* 2.1.1 Reactions
* 2.2 Enacted state legislative district maps
* 3 Drafting process
* 3.1 Maryland Legislative Redistricting Advisory Commission proposals
* 3.1.1 Congressional district maps
* 3.1.2 Legislative district map
* 3.2 Maryland Citizens Redistricting Commission proposals
* 3.2.1 Congressional district maps
* 3.2.2 Legislative district maps
* 3.2.2.1 Proposed state Senate map
* 3.2.2.2 Proposed House of Delegates map
* 3.3 Timeline
* 3.4 Committees and/or commissions involved in the process
* 4 Apportionment and release of census data
* 4.1 Apportionment following the 2020 census
* 4.1.1 Redistricting data from the Census Bureau
* 5 Court challenges
* 5.1 In re 2022 Legislative Districting
* 5.2 Szeliga v. Lamone and Parrott v. Lamone
* 5.3 In The Matter Of 2022 Legislative Districting Of The State
* 6 Background
* 6.1 Federal requirements for congressional redistricting
* 6.2 Federal requirements for state legislative redistricting
* 6.3 State-based requirements
* 6.4 Methods
* 6.5 Gerrymandering
* 6.6 Recent court decisions
* 6.7 Trifectas and redistricting
* 7 2010 redistricting cycle
* 7.1 Congressional redistricting, 2010
* 7.2 State legislative redistricting, 2010
* 8 See also
* 9 External links
* 10 Footnotes

Redistricting is the process of enacting new congressional and state legislative district boundaries. This article chronicles the 2020 redistricting cycle in Maryland.

Maryland adopted new congressional district boundaries on April 4, 2022, when Gov. Larry Hogan (R) signed revised redistricting legislation that the General Assembly had finalized on March 30, 2022.[1] Hogan signed the new map after state Attorney General Brian Frosh withdrew his appeal of Circuit Court Judge Lynne Battaglia's ruling overturning the state's previous congressional redistricting plan.[1] The state Senate approved the revised congressional district boundaries 30-13 with all votes in favor by Democrats and all votes opposed by Republicans on March 29, 2022.[2] The House of Delegates approved the revised map on March 30, 2022, by a vote of 94-41 with all 'yes' votes by Democrats and 40 Republicans and one Democrat voting 'no.'[3] After Gov. Hogan signed the maps, Greg Giroux at Bloomberg Government wrote, "The new map will continue to favor Democrats in seven of eight districts while restoring a strongly Republican district for Rep. Andy Harris (R)....The new map replaces a more aggressive Democratic proposal that the legislature enacted in December over Hogan’s veto. That map created seven safe Democratic districts and converted Harris’ eastern 1st District into a swing district, raising the possibility Democrats could win all eight districts. Democrats won seven of eight districts in the past decade of House elections."[4]

Maryland adopted legislative maps on January 27, 2022, when the Maryland House of Delegates approved new legislative district boundaries that had been approved on January 20, 2022, by the Maryland State Senate. The vote in the state Senate was 32-14 and in the House of Delegates was 95-42, both strictly along party lines.[5][6][7][8]Since legislative maps are not subject to gubernatorial veto, the maps were therefore enacted.

Click here for more information.

Maryland's eight United States representatives and 188 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. Enactment: This section provides information about the enacted congressional and state legislative district maps.
3. Drafting process: This section details the drafting process for new congressional and state legislative district maps.
4. Apportionment and release of census data: This section details the 2020 apportionment process, including data from the United States Census Bureau.
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 Maryland 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.

* April 4, 2022: Gov. Larry Hogan (R) signed the revised congressional map into law.
* March 30, 2022: The Maryland House of Delegates passes the revied congressional map that the state Senate had passed on March 29, 2022.
* March 29, 2022: The Maryland State Senate passes a revised congressional map.
* March 25, 2022: A circuit court judge overturned the state's enacted congressional map and ordered the Maryland legislature to draw a new map.
* January 27, 2022: The Maryland House of Delegates approved new legislative district boundaries by a vote of 95-42. Since legislative maps are not subject to gubernatorial veto, the House of Delegates vote resulted in enacted maps.
* January 20, 2022: The Maryland State Senate approved new legislative district boundaries by a vote of 32-14.
* December 9, 2021: Both chambers of the Maryland legislature vote to override Gov. Larry Hogan's (R) veto of the congressional map.
* December 9, 2021: Gov. Larry Hogan (R) vetoed the congressional district plan approved by both the House and Senate.
* December 8, 2021: The Maryland state Senate approved the final LRAC congressional map.
* December 7, 2021: The Maryland House of Delegates approved the final LRAC congressional map.
* November 23, 2021: The Maryland Legislative Redistricting Advisory Commission released its final congressional district map proposal.
* November 9, 2021: The Maryland Legislative Redistricting Advisory Commission (LRAC) released four proposed congressional district maps.
* November 5, 2021: The Maryland Citizens Redistricting Commission proposed congressional and legislative maps and submitted them to Gov. Larry Hogan (R).
* 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.

## Enactment[edit]

### Enacted congressional district maps[edit]

See also: Congressional district maps implemented after the 2020 census

Maryland adopted new congressional district boundaries on April 4, 2022, when Gov. Larry Hogan (R) signed revised redistricting legislation that the General Assembly had finalized on March 30, 2022.[1] Hogan signed the new map after state Attorney General Brian Frosh withdrew his appeal of Circuit Court Judge Lynne Battaglia's ruling overturning the state's previous congressional redistricting plan.[1] The state Senate approved the revised congressional district boundaries 30-13 with all votes in favor by Democrats and all votes opposed by Republicans on March 29, 2022.[9] The House of Delegates approved the revised map on March 30, 2022, by a vote of 94-41 with all 'yes' votes by Democrats and 40 Republicans and one Democrat voting 'no.'[10] After Gov. Hogan signed the maps, Greg Giroux at Bloomberg Government wrote, "The new map will continue to favor Democrats in seven of eight districts while restoring a strongly Republican district for Rep. Andy Harris (R)....The new map replaces a more aggressive Democratic proposal that the legislature enacted in December over Hogan’s veto. That map created seven safe Democratic districts and converted Harris’ eastern 1st District into a swing district, raising the possibility Democrats could win all eight districts. Democrats won seven of eight districts in the past decade of House elections."[11]

After signing the revised map, Gov. Hogan said, "When these maps came out in December, I said they were unconstitutional and violated the law. The courts agreed, described it as extreme partisan gerrymandering, and a clear violation of the Constitution, ordered the legislature to go back and draw new maps, which they did. Now they weren’t, in my opinion, as good as the ones drawn by the citizen commission, and we shouldn’t have wasted so much time—but they are a huge improvement."[12] After Gov. Hogan announced he would sign the revised district boundaries, Frosh released a statement which said, in part, "We are pleased Governor Hogan has agreed to sign the proposed congressional redistricting map approved by the General Assembly. This map, like the one previously passed by the General Assembly, is constitutional and fair. Both sides have agreed to dismiss their appeals, and our state can move forward to the primary election."[1]

On March 25, 2022, Circuit Court Judge Lynne Battaglia overturned the state's enacted congressional map and ordered the General Assembly to develop a new congressional map.[13] In her ruling, Battaglia said, "It is extraordinarily unlikely that a map that looks like the 2021 Plan could be produced without extreme partisan gerrymandering." Several Maryland residents had filed lawsuits in December 2021 challenging the new congressional map.Cite error: Closing `</ref>` missing for `<ref>` tag On December 7, 2021, the House of Delegates passed the redistricting plan, 97-42, with all 'yes' votes coming from Democrats and 41 Republicans and 1 Democrat voting 'no.' The State Senate approved the congressional map, 32-15, on December 8, 2021, in a party-line vote. The Maryland Legislative Redistricting Advisory Commission had released a final draft congressional redistricting proposal on November 23, 2021.[14] Maryland was the 19th state to enact congressional district plans after the 2020 census.[15][16]

According to David Collins of WBAL-TV, "The map allows Democrats to hold seven of the state's eight congressional seats and the First District on the Eastern Shore, held by Republican Rep. Andy Harris, becomes more competitive."[17] Legislators approved the congressional district plan developed by the Legislative Redistricting Advisory Commission and rejected a map proposal developed by the Maryland Citizens Redistricting Commission, a citizen commission formed by Gov. Hogan. After vetoing the legislatively approved maps, Hogan tweeted, "The gerrymandered map passed by the legislature is an egregious violation of the civil rights of the people of Maryland. Today, we're calling on the Biden administration to immediately add the state of Maryland into their lawsuit."[18] After approving the maps, Senate Majority Leader Nancy King (D) said, "Maryland’s geography is unique, and our population is varied. Taking all that into consideration, I am confident that this map is a fair one, and one that reflects the lived experience of Marylanders."[19]

Below are the congressional maps in effect before and after the 2020 redistricting cycle.

### Maryland Congressional Districts
before 2020 redistricting cycle

Click a district to compare boundaries.

### Maryland Congressional Districts
after 2020 redistricting cycle

Click a district to compare boundaries.

#### Reactions[edit]

Before the legislature began their special session to consider the congressional district plans, Senate Majority Leader Nancy King said, "The congressional map proposed in the bill has cleaner and significantly more compact districts than the current map. It demonstrates a commitment to the federal Voting Rights Act by ensuring minority voters retain their ability to elect their preferred candidates. And it ensures continuity of representation by keeping a majority of Marylanders in their current districts."[20]In response, Senate Minority Leader Bryan Simonaire (R) said, "When you start with a gerrymandered map as the basis, and you say our goal was to keep as many people in the district as possible, how are you not going to end up with a gerrymandered map again?"[20]

### Enacted state legislative district maps[edit]

See also: State legislative district maps implemented after the 2020 census

Maryland adopted legislative maps on January 27, 2022, when the Maryland House of Delegates approved new legislative district boundaries that had been approved on January 20, 2022, by the Maryland State Senate. The vote in the state Senate was 32-14 and in the House of Delegates was 95-42, both strictly along party lines.[21][22][23][24]Since legislative maps are not subject to gubernatorial veto, the maps were therefore enacted.

## Drafting process[edit]

In Maryland, the primary authority to adopt both congressional and state legislative district lines rests with the state legislature. The governor submits a state legislative redistricting proposal (an advisory commission appointed by the governor assists in drafting this proposal). The state legislature may pass its own plan by joint resolution, which is not subject to gubernatorial veto. If the legislature fails to approve its own plan, the governor's plan takes effect. Congressional lines are adopted solely by the legislature and may be vetoed by the governor.[25]

The Maryland Constitution requires that state legislative districts be contiguous, compact, and "give 'due regard' for political boundaries and natural features." No such requirements apply to congressional districts.[25]

### Maryland Legislative Redistricting Advisory Commission proposals[edit]

#### Congressional district maps[edit]

On November 9, 2021, the Maryland Legislative Redistricting Advisory Commission (LRAC) released four proposed congressional district maps.[26] Click here to review the report issued by the LRAC including links to interactive versions of each map.

#### Legislative district map[edit]

On December 20, 2021, the Maryland Legislative Redistricting Advisory Commission (LRAC) released a draft legislative map. Click here to view a static image of the proposed map and here for an interactive version.[27]

### Maryland Citizens Redistricting Commission proposals[edit]

On November 5, 2021, the Maryland Citizens Redistricting Commission proposed congressional and legislative maps and submitted them to Gov. Larry Hogan (R).[28]

#### Congressional district maps[edit]

#### Legislative district maps[edit]

##### Proposed state Senate map[edit]

##### Proposed House of Delegates map[edit]

Click here for the full set of maps proposed by the Maryland Citizens Redistricting Commission, including individual images for each district.

### Timeline[edit]

The Maryland Citizens Redistricting Commission published the following timeline for the 2020 redistricting cycle:[29]

Maryland timeline for redistricting, 2020 cycle

Date  | Event description
April/May 2021 | The Maryland Citizens Redistricting Commission will begin meetings in advance of the 2020 Census data release date in August. Meeting dates will be posted to [redistricting.maryland.gov redistricting.maryland.gov] as they are scheduled. Meetings will continue until a final plan is presented.
January 12, 2022 | Legislative district plan due to the Maryland General Assembly. This is applicable to state legislative districts only. As the Maryland Constitution and the Maryland Code are silent as to the process of drawing of Congressional districts, they will also be drawn and submitted prior to this date.
February 26, 2022 | Final date for the Maryland General Assembly to act on a legislative redistricting plan.

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

The table below lists the members of the Maryland Citizens Redistricting Commission in the 2020 cycle:[30]

Maryland Citizens Redistricting Commission, 2020 cycle

Name  | Partisan affiliation
Dr. Kathleen Hetherington |  Nonpartisan
Walter Olson |  Republican
Judge Alexander Williams, Jr. |  Democratic
Jay V. Amin |  Nonpartisan
Cheryl Brooks |  Democratic
Mary G. Clawson |  Republican
Kimberly Rose Cummings |  Republican
Jonathan Fusfield |  Nonpartisan
William Tipper Thomas, III |  Democratic

## 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.[31]

### Apportionment following the 2020 census[edit]

The U.S. Census Bureau delivered apportionment counts on April 26, 2021. Maryland was apportioned eight seats in the U.S. House of Representatives. This represented neither a gain nor a loss of seats as compared to apportionment after the 2010 census.[32]

See the table below for additional details.

2020 and 2010 census information for Maryland

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
Maryland | 5,789,929 | 8 | 6,185,278 | 8 | 395,349 | 6.83% | 0

#### 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.[33][34][35][36] 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.[37][38]

## Court challenges[edit]

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

### In re 2022 Legislative Districting[edit]

On February 10, 2022, several Maryland citizens filed a petition challenging the validity of the state's enacted legislative maps. In the petition, the plaintiffs said that some districts in the map "violate Article III, § 4 of Maryland’s Constitution because they are not contiguous or compact and/or do not give due regard to natural boundaries and the boundaries of political subdivisions. These districts further violate: (a) Articles 7, 24, and 40 of the Maryland Declaration of Rights by infringing on Marylanders’ rights to free elections, freedom of speech, and equal protection; and (b) Article I, § 7 of Maryland’s Constitution by contradicting the General Assembly’s obligation to pass laws ensuring the purity of elections."[39] The plaintiffs requested the court invalidate the enacted plan and order the Maryland General Assembly to draw new maps.

On February 11, the Maryland Court of Appeals consolidated the petition with three other challenges to the legislative maps. On April 13, the Court issued an order upholding the legislative maps and denying the petitions.[40]

### Szeliga v. Lamone and Parrott v. Lamone[edit]

On December 21, 2021, several Maryland residents filed a lawsuit (Parrott) before a Maryland circuit court challenging the state's enacted congressional map. The lawsuit said, "This action challenges Maryland’s 2021 congressional redistricting plan on the ground that it diminishes Plaintiffs’ rights to participate in elections for the U.S. Congress on an equal basis with other Maryland voters, in violation of Article 7 of the Declaration of Rights of the Maryland Constitution; and on the ground that the Plan’s districts violate the requirements for district boundaries prescribed by Article III, Section 4 of the Maryland Constitution." They requested the court invalidate the congressional map.[41]

On December 23, 2021, several Maryland residents filed another lawsuit before a Maryland circuit court (Szeliga) challenging the state's enacted congressional map. The plaintiffs argued that the "Democrat-controlled General Assembly enacted the 2021 Plan to continue a now decade-long strategy of diluting Republican votes across Maryland and preventing Republican voters, through unconstitutional means, from electing their preferred representatives for Congress." They requested the court invalidate the congressional map.[42]

On February 22, 2022, the court consolidated the Szeliga and Parrott cases.[43] On March 25, Circuit Court Judge Lynne Battaglia overturned the state's congressional map and ordered the Maryland legislature to draw a new map.[44]

### In The Matter Of 2022 Legislative Districting Of The State[edit]

On February 3, 2022, the Maryland Court of Appeals issued an order directing any registered voter in the state that wished to contest the validity of the state's legislative district boundaries to file such petitions by February 10, 2022. The court further ordered those petitions be consolidated into a single case named, In The Matter Of 2022 Legislative Districting Of The State. That order appointed retired Maryland Appeals Court Justice Alan Wilner to serve as a Special Magistrate to conduct hearings as necessary on such petitions and file a "written Report of findings of fact and conclusions of law."[45]

Four petitions were filed contesting the validity of the state's legislative redistricting plan by the deadline. The Special Magistrate scheduled hearings on the merits of these petitions from March 23, 2022, through March 25, 2022. On March 15, 2022, the Maryland Court of Appeals issued an order postponing the state's primary election from June 28, 2022, to July 19, 2022, and extending the candidate filing deadline from March 22, 2022, to April 15, 2022. It also directed Wilner to file his report by April 5, 2022.[46]

## 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.

### 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.[47][48]

“  | 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.[49] | ”

|
|

—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."[50][51][52]

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."[52]

### 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."[52]

### 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.[52][53]
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.[52][53]
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.[52][53]
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.[52][53]

### Methods[edit]

In general, a state's redistricting authority can be classified as one of the following:[54]

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.[55][56]

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.[57]

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.[58][59]

### 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.[60]

#### 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.[61][62][63]

#### 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.[64][65][66][67]

#### 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 preclearance 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.[68][69][70]

#### 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.[71][72][73][74]

### Trifectas and redistricting[edit]

In 34 of the states that conducted legislative elections in 2020, the legislatures themselves played a significant part in the subsequent redistricting process. The winner of eight of 2020's gubernatorial elections had 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 directed 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 Maryland after the 2010 census

### Congressional redistricting, 2010[edit]

See also: Maryland Redistricting Referendum, Question 5 (2012) and Benisek v. Lamone

On October 4, 2011, the governor's advisory redistricting commission released a proposal for new congressional districts. Governor Martin O'Malley (D) amended this plan and submitted his final proposal to the state legislature on October 15, 2011. The state legislature made further amendments and approved a final congressional map with a three-fifths majority vote. On October 20, 2011, O'Malley signed the map into law. The map was subject to a series of court challenges.[25]

A referendum on the new maps was added to the November 6, 2012, ballot in Maryland. Voters approved the maps as drawn by the legislature.[25]

On June 18, 2018, the Supreme Court of the United States issued a per curiam ruling in Benisek v. Lamone, in which Republicans had alleged that state lawmakers illegally altered the boundaries of the 6th Congressional District in order to dilute the impact of Republican votes. The high court a district court decision that had denied the plaintiffs' request for a preliminary injunction barring enforcement of the challenged district map. The court determined that the plaintiffs failed to demonstrate that they would suffer irreparable harm if an injunction were not granted. The court wrote the following in its unsigned opinion:[75]

“  | We now note our jurisdiction and review the District Court's decision for an abuse of discretion, keeping in mind that a preliminary injunction, as 'an extraordinary remedy never awarded as of right.' As a matter of equitable discretion, a preliminary injunction does not follow as a matter of course from a plaintiff's showing of a likelihood of success on the merits. Rather, a court must also consider whether the movant has shown 'that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.'

Plaintiffs made no such showing below. Even if we assume—contrary to the findings of the District Court—that plaintiffs were likely to succeed on the merits of their claims, the balance of equities and the public interest tilted against their request for a preliminary injunction.[49]

| ”

|
|

### State legislative redistricting, 2010[edit]

The governor's advisory redistricting commission released its proposal for new state legislative districts on December 16, 2011. Governor Martin O'Malley (D) amended this plan and submitted his final proposal to the state legislature on January 11, 2012. The state legislature failed to take further action; consequently, the governor's proposal became law on February 24, 2012. The maps were subject to court challenges, but these were ultimately rejected and the maps stood.[25]

## See also[edit]

* Redistricting in Maryland after the 2010 census
* Redistricting in Maryland
* 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. ↑ 1.0 1.1 1.2 1.3 1.4 WBAL-TV, "'Tremendous victory': Hogan signs new congressional redistricting map into law after appeal dropped," April 4, 2022
2. ↑ Maryland General Assembly, "Senate of Maryland, 2022 Regular Session, SB 1012-Congressional Districting Plan," accessed April 4, 2022
3. ↑ Maryland General Assembly, "Maryland House of Delegates, General Assembly of Maryland 2022 Regular Session, SB 1012-Congressional Districting Plan," accessed April 4, 2022
4. ↑ Bloomberg Government, "Maryland Governor Signs Congressional Map as Democrats Drop Case," April 4, 2022
5. ↑ The Baltimore Sun, "Maryland state lawmakers give final OK to new district maps; lawsuit likely," January 27, 2022
6. ↑ Maryland General Assembly, "Legislative Districting Plan of 2022," accessed March 15, 2022
7. ↑ Maryland General Assembly, "Senate of Maryland 2022 Regular Session - SJ 2," accessed March 16, 2022
8. ↑ Maryland General Assembly, "General Assembly of Maryland 2022 Regular Session - SJ 2," accessed March 16, 2022
9. ↑ Maryland General Assembly, "Senate of Maryland, 2022 Regular Session, SB 1012-Congressional Districting Plan," accessed April 4, 2022
10. ↑ Maryland General Assembly, "Maryland House of Delegates, General Assembly of Maryland 2022 Regular Session, SB 1012-Congressional Districting Plan," accessed April 4, 2022
11. ↑ Bloomberg Government, "Maryland Governor Signs Congressional Map as Democrats Drop Case," April 4, 2022
12. ↑ Maryland.gov-The Office of Governor Larry Hogan, "“Tremendous Victory For Democracy”: Governor Hogan Enacts New Congressional Map; Defendants Drop Appeal to Maintain Gerrymandered Map," accessed April 4, 2022
13. ↑ WBALTV, "Judge orders Maryland General Assembly to redraw Congressional district map," March 25, 2022
14. ↑ Maryland General Assembly, "Legislative Redistricting Advisory Commission Final Recommended Congressional Map," accessed December 9, 2021
15. ↑ LegiScan, "Maryland Senate Bill 1," accessed December 9, 2021
16. ↑ WTOPNews, "Md. Senate Democratic majority sends redistricting plan to Hogan’s desk," December 8, 2021
17. ↑ WBAL-TV, "House, Senate override governor's veto of congressional redistricting map," December 9, 2021
18. ↑ Twitter, "Larry Hogan," accessed December 9, 2021
19. ↑ WTOPNews, "Md. Senate Democratic majority sends redistricting plan to Hogan’s desk," December 8, 2021
20. ↑ 20.0 20.1 The Washington Post, "Maryland General Assembly passes new congressional map solidifying Democrats’ power," December 8, 2021
21. ↑ The Baltimore Sun, "Maryland state lawmakers give final OK to new district maps; lawsuit likely," January 27, 2022
22. ↑ Maryland General Assembly, "Legislative Districting Plan of 2022," accessed March 15, 2022
23. ↑ Maryland General Assembly, "Senate of Maryland 2022 Regular Session - SJ 2," accessed March 16, 2022
24. ↑ Maryland General Assembly, "General Assembly of Maryland 2022 Regular Session - SJ 2," accessed March 16, 2022
25. ↑ 25.0 25.1 25.2 25.3 25.4 All About Redistricting, 'Maryland," accessed April 30, 2015
26. ↑ Maryland General Assembly, "Legislative Redistricting Advisory Commission, Draft Congressional Concept Maps Released," accessed November 11, 2021
27. ↑ Maryland General Assembly, "Maryland General Assembly Legislative Redistricting Advisory Commission - Draft Concept Legislative Map," December 20, 2021
28. ↑ Maryland.gov, "Final Recommended Congressional and Legislative District Maps," accessed November 10, 2021
29. ↑ Draft Congressional Plan Developed by the Commission at the ​September 9, 2021 Public Meeting" accessed September 13, 2021
30. ↑ Maryland Citizens Redistricting Commission, "Maryland Citizens Redistricting Commission Members," accessed June 16, 2021
31. ↑ United States Census Bureau, "Apportionment," accessed July 11, 2018
32. ↑ United States Census Bureau, "2020 Census Apportionment Results Delivered to the President," April 26, 2021
33. ↑ United States Census Bureau, "2020 Census Operational Plan: Executive Summary," December 2015
34. ↑ United States Census Bureau, "Census Bureau Statement on Redistricting Data Timeline," February 12, 2021
35. ↑ Office of the Attorney General of Ohio, "AG Yost Secures Victory for Ohioans in Settlement with Census Bureau Data Lawsuit," May 25, 2021
36. ↑ U.S. Census Bureau, "U.S. Census Bureau Statement on Release of Legacy Format Summary Redistricting Data File," March 15, 2021
37. ↑ U.S. Census Bureau, "Decennial Census P.L. 94-171 Redistricting Data," accessed August 12, 2021
38. ↑ United States Census Bureau, "Census Bureau Delivers 2020 Census Redistricting Data in Easier-to-Use Format," September 16, 2021
39. ↑ The American Redistricting Project, "Petition," accessed April 18, 2022
40. ↑ The American Redistricting Project, "In re 2022 Legislative Districting," accessed April 18, 2022
41. ↑ All About Redistricting, "Parrott v. Lamone," accessed March 25, 2022
42. ↑ All About Redistricting, "Szeliga v. Lamone," accessed March 25, 2022
43. ↑ Circuit Court of Maryland, "Neil Parrott, et al. vs. Linda Lamone, et al.," accessed March 25, 2022
44. ↑ Maryland Circuit Court, "Memorandum Opinion and Order," accessed March 25, 2022
45. ↑ Court of Appeals of Maryland, "IN THE MATTER OF 2022 LEGISLATIVE DISTRICTING OF THE STATE," February 11, 2022
46. ↑ Court of Appeals of Maryland, "IN THE MATTER OF 2022 LEGISLATIVE DISTRICTING OF THE STATE," March 15, 2022
47. ↑ The Heritage Guide to the Constitution, "Election Regulations," accessed April 13, 2015
48. ↑ Brookings, "Redistricting and the United States Constitution," March 22, 2011
49. ↑ 49.0 49.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
50. ↑ Brennan Center for Justice, "A Citizen's Guide to Redistricting," accessed March 25, 2015
51. ↑ The Constitution of the United States of America, "Article 1, Section 2," accessed March 25, 2015
52. ↑ 52.0 52.1 52.2 52.3 52.4 52.5 52.6 All About Redistricting, "Where are the lines drawn?" accessed April 9, 2015
53. ↑ 53.0 53.1 53.2 53.3 FairVote, "Redistricting Glossary," accessed April 9, 2015
54. ↑ All About Redistricting, "Who draws the lines?" accessed June 19, 2017
55. ↑ All About Redistricting, "Why does it matter?" accessed April 8, 2015
56. ↑ Encyclopædia Britannica, "Gerrymandering," November 4, 2014
57. ↑ Congressional Research Service, "Congressional Redistricting and the Voting Rights Act: A Legal Overview," April 13, 2015
58. ↑ The Wall Street Journal, "Supreme Court to Consider Limits on Partisan Drawing of Election Maps," June 19, 2017
59. ↑ The Washington Post, "Supreme Court to hear potentially landmark case on partisan gerrymandering," June 19, 2017
60. ↑ Supreme Court of the United States, "Gill v. Whitford: Decision," June 18, 2018
61. ↑ Election Law Blog, "Breaking: SCOTUS to Hear NC Racial Gerrymandering Case," accessed June 27, 2016
62. ↑ Ballot Access News, "U.S. Supreme Court Accepts Another Racial Gerrymandering Case," accessed June 28, 2016
63. ↑ Supreme Court of the United States, "Cooper v. Harris: Decision," May 22, 2017
64. ↑ The Washington Post, "Supreme Court to hear challenge to Texas redistricting plan," May 26, 2015
65. ↑ The New York Times, "Supreme Court Agrees to Settle Meaning of ‘One Person One Vote,'" May 26, 2015
66. ↑ SCOTUSblog, "Evenwel v. Abbott," accessed May 27, 2015
67. ↑ Associated Press, "Supreme Court to hear Texas Senate districts case," May 26, 2015
68. ↑ SCOTUSblog, "The new look at 'one person, one vote,' made simple," July 27, 2015
69. ↑ Supreme Court of the United States, "Harris v. Arizona Independent Redistricting Commission: Brief for Appellants," accessed December 14, 2015
70. ↑ Supreme Court of the United States, "Harris v. Arizona Independent Redistricting Commission," April 20, 2016
71. ↑ The New York Times, "Court Skeptical of Arizona Plan for Less-Partisan Congressional Redistricting," March 2, 2015
72. ↑ The Atlantic, "Will the Supreme Court Let Arizona Fight Gerrymandering?" September 15, 2014
73. ↑ United States Supreme Court, "Arizona State Legislature v. Arizona Independent Redistricting Commission: Opinion of the Court," June 29, 2015
74. ↑ The New York Times, "Supreme Court Upholds Creation of Arizona Redistricting Commission," June 29, 2015
75. ↑ Supreme Court of the United States, "Benisek v. Lamone: Decision," June 18, 2018

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