Redistricting in West Virginia 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 Enactment
* 2.1 Enacted congressional district maps
* 2.1.1 Reactions
* 2.2 Enacted state legislative district maps
* 2.2.1 Reactions
* 2.2.2 Senate map
* 2.2.3 House of Delegates map
* 3 Drafting process
* 3.1 Timeline
* 3.2 Committees and/or commissions involved in the process
* 3.3 Pre-drafting developments
* 3.4 Drafts and proposals
* 3.4.1 Congressional maps
* 3.4.1.1 Map images
* 3.4.2 Legislative maps
* 3.4.2.1 Map images
* 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
* 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
* 7.1.1 Jefferson County Commission v. Tennant
* 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.

West Virginia enacted a congressional district map on October 22, 2021. On September 30, 2021, the House and Senate Redistricting Committees released a total of 18 congressional district map proposals.[1] On October 13, 2021, the West Virginia Senate passed Sen. Charles S. Trump IV's (R) 8th proposed congressional map in 30-2 vote, which was then approved by the House on October 14 in an 84-12 vote.[2] Gov. Jim Justice (R) signed the congressional district map into law on October 22, 2021.[3] This map takes effect for West Virginia's 2022 congressional elections.

West Virginia enacted district maps for the Senate and House of Delegates on October 22, 2021.[4]On September 30, 2021, the House Redistricting Committees released a single-member district map proposal for the West Virginia House of Delegates.[5] The proposal passed the House on October 13, 2021, in a 79-20 vote and passed the Senate on October 18, 2021, in a 28-5 vote.[6] On October 5, 2021, the Senate Redistricting Committee released five map proposals for West Virginia's State Senate districts.[7] On October 11, 2021, the Senate Redistricting Committee voted to recommend Sen. Trump's 8th proposed senate map to the full Senate.[8] The Senate approved a map that combined aspects of previous proposals in a 31-2 vote on October 19, 2021. The map, named after Sens. Trump, Tom Takubo (R), Eric Tarr (R) Patricia Rucker (R), and Robert Karnes (R) was approved by the House in a 72-19 vote. Both the House and Senate maps were signed into law by Gov. Jim Justice (R) on October 20, 2021.[9] These maps take effect for West Virginia's 2022 legislative elections. Click here for more information.

This article chronicles the 2020 redistricting cycle in West Virginia. West Virginia's two United States representatives and 134 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 West Virginia 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.

* October 22, 2021: West Virginia Gov. Jim Justice (R) signed congressional, Senate, and House district maps into law.
* October 19, 2021: The West Virginia Senate passed a map of its own districts in a 31-2 vote.
* October 14, 2021: Sen. Charles S. Trump IV's congressional district map proposal was approved by the House and was sent to Gov. Jim Justice (R).
* October 13, 2021: The Senate passed Sen. Trump's congressional district map.
* October 11, 2021: The Senate Redistricting Committee voted to recommend a proposed congressional and senate map to the full Senate.
* October 7, 2021: West Virginia Governor Jim Justice (R) called for a special session starting October 11 for the legislature to finish the redistricting process and approve legislative and congressional district maps.
* October 5, 2021: The Senate Redistricting Committee released five map proposals for West Virginia's State Senate districts.
* September 30, 2021: The House and Senate Redistricting Committees released a total of 18 congressional district map proposals.
* September 21, 2021: The West Virginia Senate Redistricting Committee began the redistricting process by holding an organizational meeting in which they approved rules for drawing district maps. The House committee held its own organizational meeting on September 30, 2021.
* 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.
* June 11, 2021: West Virginia lawmakers named the committees overseeing the redistricting process.
* 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

West Virginia enacted a congressional district map on October 22, 2021. On September 30, 2021, the House and Senate Redistricting Committees released a total of 18 congressional district map proposals.[10] On October 13, 2021, the West Virginia Senate passed Sen. Charles S. Trump IV's (R) 8th proposed congressional map in 30-2 vote, which was then approved by the House on October 14 in an 84-12 vote.[11] Gov. Jim Justice (R) signed the congressional district map into law on October 22, 2021.[12] This map takes effect for West Virginia's 2022 congressional elections.

#### Reactions[edit]

“This bill puts the state into two districts, which are compact and have low drive times,” said Del. Gary Howell (R). Sen. Charles S. Trump IV (R) said “Compactness is quite a challenge when you’re trying to draw any kind of district. The two West Virginia panhandles render the state uncompact. I believe this bill meets the constitutional requirements of both the United States constitution and the West Virginia constitution. I think it’s a good map.”[13]

This map takes effect for West Virginia's 2022 congressional elections.

### Enacted state legislative district maps[edit]

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

West Virginia enacted district maps for the Senate and House of Delegates on October 22, 2021.[14]On September 30, 2021, the House Redistricting Committees released a single-member district map proposal for the West Virginia House of Delegates.[15] The proposal passed the House on October 13, 2021, in a 79-20 vote and passed the Senate on October 18, 2021, in a 28-5 vote.[16] On October 5, 2021, the Senate Redistricting Committee released five map proposals for West Virginia's State Senate districts.[17] On October 11, 2021, the Senate Redistricting Committee voted to recommend Sen. Trump's 8th proposed senate map to the full Senate.[18] The Senate approved a map that combined aspects of previous proposals in a 31-2 vote on October 19, 2021. The map, named after Sens. Trump, Tom Takubo (R), Eric Tarr (R) Patricia Rucker (R), and Robert Karnes (R) was approved by the House in a 72-19 vote. Both the House and Senate maps were signed into law by Gov. Jim Justice (R) on October 20, 2021.[19] These maps take effect for West Virginia's 2022 legislative elections.

#### Reactions[edit]

"The Joint Committee on Redistricting worked very hard all summer and fall to craft a plan that will give every West Virginian an equal voice in the House of Delegates. For the first time in decades, West Virginia will have 100 single-member House districts," said House Speaker Roger Hanshaw (R) of the House map.[20] Del. Mike Pushkin (D) said “What we have before us is a gerrymandered mess. If your goal is to protect political power well into the future, it was done quite well."[21]

On the Senate map, Sen. Charles S. Trump IV (R) said “This amendment I believe reconciles and harmonizes some of the issues that were points of contention,” Trump said in a statement. “This is the product of conversations and compromises over a long period of time by a great number of people.”[22] “There is a faction within the Republican Party that is worried about their reelection when they shouldn’t be. They should worry about how the state works and how to make it work," said Sen. Mike Romano (D).[23]

#### Senate map[edit]

This map takes effect for West Virginia's 2022 legislative elections.

#### House of Delegates map[edit]

This map takes effect for West Virginia's 2022 legislative elections.

## Drafting process[edit]

In West Virginia, congressional and state legislative district boundaries are set by the West Virginia State Legislature. These lines are subject to veto by the governor.[24]

The West Virginia Constitution requires that state Senate districts be "compact, contiguous, and bounded by county lines where doing so is not otherwise unlawful." There are no such requirements in place for congressional or state House districts.[24]

### Timeline[edit]

The following timeline represents the projected 2020 redistricting schedule in West Virginia. It will be updated as more information becomes available.

Projected redistricting timeline for West Virginia, 2020 cycle

Date  |  Event
April 1, 2020  |  Census Day
November 3, 2020  |  Last congressional and state legislative elections held under previous maps
August 12, 2021  |  Census Bureau releases population data by race and ethnicity
September 25, 2021  |  Senate Redistricting Committee organizational meeting
September 30, 2021  |  House Redistricting Committee organizational meeting
October 7, 2021  |  Start of special legislative session

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

West Virginia Joint Committee on Redistricting membership, 2020 cycle

Name  |  Member type  |  Partisan affiliation
Sen. Charles S. Trump IV, Chair  |  Legislator  |
Sen. Dave Sypolt |  Legislator  |
Sen. Mike Caputo |  Legislator  |
Sen. Glenn Jeffries |  Legislator  |
Sen. Rupie Phillips |  Legislator  |
Sen. Chandler Swope |  Legislator  |
Sen. Eric Tarr |  Legislator  |
Sen. Ryan Weld |  Legislator  |
Sen. Mike Woelfel |  Legislator  |
Del. Gary Howell, Chair  |  Legislator  |
Del. Amy Summers |  Legislator  |
Del. Everette Anderson |  Legislator  |
Del. Brent Boggs |  Legislator  |
Del. Nathan Brown |  Legislator  |
Del. Moore Capito |  Legislator  |
Del. Paul Espinosa |  Legislator  |
Del. Shawn Fluharty |  Legislator  |
Del. Geoff Foster |  Legislator  |
Del. Marty Gearheart |  Legislator  |
Del. Sean Hornbuckle |  Legislator  |
Del. Eric Householder |  Legislator  |
Del. David Kelly |  Legislator  |
Del. Kayla Kessinger |  Legislator  |
Del. Daniel Linville |  Legislator  |
Del. Zack Maynard |  Legislator  |
Del. Jeffrey Pack |  Legislator  |
Del. Matthew Rohrbach |  Legislator  |
Del. Ruth Rowan |  Legislator  |
Del. Douglas Skaff, Jr. |  Legislator  |
Del. Joe Statler |  Legislator  |
Del. Erikka Storch |  Legislator  |
Del. Steve Westfall |  Legislator  |
Del. John Williams |  Legislator  |

### Pre-drafting developments[edit]

On October 7, 2021, West Virginia Governor Jim Justice (R) called for a special session starting October 11 for the legislature to finish the redistricting process and approve legislative and congressional district maps. "This is on all the redistricting we have to do. We’ve got to do this and everything. The special session is part of the Legislature’s constitutional duty to redistrict the state of West Virginia,” Justice said.[25]

On September 21, 2021, the West Virginia Senate Redistricting Committee began the redistricting process by holding an organizational meeting in which they approved rules for drawing district maps, including a requirement for redistricting draft maps to be publicly available for at least 24 hours before they are reviewed by the committee. The House committee held its own organizational meeting on September 30, 2021.[26]

On July 8, 2021, the Joint Committee on Redistricting announced it would hold 12 in-person and three virtual public hearings to gather feedback from residents on the redistricting process. All meetings will be held from 6 p.m. to 8 p.m.[27] To view the dates and locations of these meetings, click here.

On June 11, 2021 West Virginia lawmakers named the committees overseeing the redistricting process. Charles Trump (R) was named chair of the Senate committee and Gary Howell (R) was named chair of the House committee. The committees will determine how to split the state into two congressional districts. U.S. Census data showed a decline in the state's population, costing it its third congressional district.[28]

### Drafts and proposals[edit]

#### Congressional maps[edit]

On September 30, 2021, the House and Senate Redistricting Committees released a total of 18 congressional district map proposals.[29] On October 13, 2021, the West Virginia Senate passed Sen. Trump's 8th proposed congressional map, which was then approved by the House on October 14.[30]

##### Map images[edit]

* House map 1 (click to expand)

* House map 2 (click to expand)

* House map 3 (click to expand)

* House map 4 (click to expand)

* House map 5 (click to expand)

* House map 6 (click to expand)

* Sen. Jeffries map 1 (click to expand)

* Sen. Jeffries map 2 (click to expand)

* Sen. Jeffries map 3 (click to expand)

* Sen. Jeffries map 4 (click to expand)

* Sen. Jeffries map 5 (click to expand)

* Sen. Sypolt map 1 (click to expand)

* Sen. Tarr map 1 (click to expand)

* Sen. Tarr map 2 (click to expand)

* Sen. Trump map 1 (click to expand)

* Sen. Trump map 2 (click to expand)

* Sen. Trump map 3 (click to expand)

* Sen. Trump map 4 (click to expand)

* Sen. Trump map 5 (click to expand)

* Sen. Trump map 6 (click to expand)

* Sen. Trump map 7 (click to expand)

* Sen. Trump map 8 (click to expand)

* Sen. Trump map 10 (click to expand)

* Sen. Trump map 11 (click to expand)

* Sen. Trump map 12 (click to expand)

* Sen. Trump map 13 (click to expand)

* Sen. Trump map 14 (click to expand)

* Sen. Trump map 15 (click to expand)

* Sen. Trump map 16 (click to expand)

* Sen. Woelfel map 01 (click to expand)

#### Legislative maps[edit]

On September 30, 2021, the House Redistricting Committees released a district map proposal for the West Virginia House of Delegates.[31] The proposal passed the House on October 13, 2021, in a 79-20 vote and passed the Senate on October 18, 2021, in a 28-5 vote.[32] On October 5, 2021, the Senate Redistricting Committee released five map proposals for West Virginia's State Senate districts.[33] On October 11, 2021, the Senate Redistricting Committee voted to recommend Sen. Trump's 8th proposed senate map to the full Senate.[34] The Senate approved a map that combined aspects of previous proposals in a 31-2 vote on October 19, 2021. The map, named after Sens. Trump, Tom Takubo (R), Eric Tarr (R) Patricia Rucker (R), and Robert Karnes (R) was approved by the House in a 72-19 vote. Both the House and Senate maps were signed into law by Gov. Jim Justice (R) on October 20, 2021.[35]

##### Map images[edit]

* House of Delegates map 1 (click to expand)

* Sen. Jeffries Senate map 1 (click to expand)

* Sen. Trump Senate map 1 (click to expand)

* Sen. Trump Senate map 2 (click to expand)

* Sen. Trump Senate map 3 (click to expand)

* Sen. Trump Senate map 4 (click to expand)

* Sen. Trump Senate map 5 (click to expand)

* Sen. Trump Senate map 6 (click to expand)

* Sen. Trump Senate map 7 (click to expand)

* Sen. Trump Senate map 8 (click to expand)

* Sen. Sypolt Senate map 1 (click to expand)

* Sen. Sypolt Senate map 2 (click to expand)

* Sen. Sypolt and Sen. Trump Senate map 1 (click to expand)

* Trump, Takubo, Tarr, Rucker and Karnes Senate map 1 (click to expand)

## 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.[36]

### Apportionment following the 2020 census[edit]

The U.S. Census Bureau delivered apportionment counts on April 26, 2021. West Virginia was apportioned two seats in the U.S. House of Representatives. This represented a net loss of one seat as compared to apportionment after the 2010 census.[37]

See the table below for additional details.

2020 and 2010 census information for West Virginia

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
West Virginia | 1,859,815 | 3 | 1,795,045 | 2 | -64,770 | -3.48% | -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.[38][39][40][41] 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.[42][43]

## Court challenges[edit]

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

This section will be updated if legal challenges to the redistricting process or enacted maps are filed in court.

## 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.[44][45]

“  | 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.[46] |  ”

|
|

—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."[47][48][49]

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."[49]

### 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."[49]

### 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.[49][50]
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.[49][50]
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.[49][50]
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.[49][50]

### Methods[edit]

In general, a state's redistricting authority can be classified as one of the following:[51]

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.[52][53]

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.[54]

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.[55][56]

### 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.[57]

#### 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.[58][59][60]

#### 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.[61][62][63][64]

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

#### 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.[68][69][70][71]

### 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 West Virginia after the 2010 census

### Congressional redistricting, 2010[edit]

Following the 2010 United States Census, West Virginia neither gained nor lost congressional seats. At the time of redistricting, Democrats held both chambers of the West Virginia State Legislature and the governorship. On August 5, 2011, the legislature approved a congressional redistricting plan, which was signed into law by the governor on August 18, 2011.[24][72]

#### Jefferson County Commission v. Tennant[edit]

In November 2011, commissioners in Jefferson County challenged the newly enacted congressional district map in federal court. The commissioners argued that the "elongated 2nd District violated compactness standards, diluted the Panhandle's influence, and resulted in the largest population deviation between districts in the county–4,871 people." On January 3, 2012, the United States District Court for the Southern District of West Virginia ruled in favor of the commissioners, finding that the map was unconstitutional. On September 25, 2012, however, the United States Supreme Court reversed this decision, ruling that "the deviation was permissible to attain the goal of keeping counties whole."[24][72]

### State legislative redistricting, 2010[edit]

On August 5, 2011, the state legislature approved a state Senate redistricting plan, which was signed into law by the governor on August 18, 2011. On August 21, 2011, the legislature approved a state House redistricting plan, which was signed into law on September 2, 2011. Challenges were filed against the state legislative district maps, but the maps were ultimately upheld.[24]

## See also[edit]

* Redistricting in West Virginia after the 2010 census
* Redistricting in West Virginia
* 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. ↑ WSAZ, "First West Virginia redistricting maps released," September 30, 2021
2. ↑ West Virginia Legislature, "Senate Bill 3033," accessed October 15, 2021
3. ↑ West Virginia Legislature, "Actions by the Governor," accessed October 25, 2021
4. ↑ West Virginia Legislature, "Actions by the Governor," accessed October 25, 2021
5. ↑ WSAZ, "First West Virginia redistricting maps released," September 30, 2021
6. ↑ West Virginia Legislature, "Actions by the Governor," accessed October 25, 2021
7. ↑ West Virginia Legislature, "Senate Select Committee on Redistricting," accessed October 7, 2021
8. ↑ WV News, "(West Virginia) Senate Redistricting Committee selects proposed maps," October 11, 2021
9. ↑ Metro News, "After days of trying, Senate overwhelmingly passes a map of its own districts," October 19, 2021
10. ↑ WSAZ, "First West Virginia redistricting maps released," September 30, 2021
11. ↑ West Virginia Legislature, "Senate Bill 3033," accessed October 15, 2021
12. ↑ West Virginia Legislature, "Actions by the Governor," accessed October 25, 2021
13. ↑ Metro News, "West Virginia's redistricted congressional map complete," October 14, 2021
14. ↑ West Virginia Legislature, "Actions by the Governor," accessed October 25, 2021
15. ↑ WSAZ, "First West Virginia redistricting maps released," September 30, 2021
16. ↑ West Virginia Legislature, "Actions by the Governor," accessed October 25, 2021
17. ↑ West Virginia Legislature, "Senate Select Committee on Redistricting," accessed October 7, 2021
18. ↑ WV News, "(West Virginia) Senate Redistricting Committee selects proposed maps," October 11, 2021
19. ↑ Metro News, "After days of trying, Senate overwhelmingly passes a map of its own districts," October 19, 2021
20. ↑ WV News, "West Virginia's redistricted congressional map complete," October 18, 2021
21. ↑ Associated Press, "West Virginia lawmakers OK redistrict maps amid criticism," October 13, 2021
22. ↑ The Center Square, "West Virginia Senate passes Senate redistricting bill," October 21, 2021
23. ↑ 13 News, "West Virginia State Senate passes new district maps; House to return Wednesday," October 19, 2021
24. ↑ 24.0 24.1 24.2 24.3 24.4 All About Redistricting, "West Virginia," accessed May 7, 2015
25. ↑ MetroNews, "Justice will call special session for redistricting," October 7, 2021
26. ↑ The Journal, "Dividing Lines: Getting West Virginia's congressional districts right," September 25, 2021
27. ↑ West Virginia Legislature, "Public Hearing Dates Set for Joint Committee on Redistricting," July 8, 2021
28. ↑ Associated Press, "Redistricting committees named in West Virginia legislature," June 11, 2021
29. ↑ WSAZ, "First West Virginia redistricting maps released," September 30, 2021
30. ↑ West Virginia Legislature, "Senate Bill 3033," accessed October 15, 2021
31. ↑ WSAZ, "First West Virginia redistricting maps released," September 30, 2021
32. ↑ West Virginia Legislature, "Actions by the Governor," accessed October 25, 2021
33. ↑ West Virginia Legislature, "Senate Select Committee on Redistricting," accessed October 7, 2021
34. ↑ WV News, "(West Virginia) Senate Redistricting Committee selects proposed maps," October 11, 2021
35. ↑ Metro News, "After days of trying, Senate overwhelmingly passes a map of its own districts," October 19, 2021
36. ↑ United States Census Bureau, "Apportionment," accessed July 11, 2018
37. ↑ United States Census Bureau, "2020 Census Apportionment Results Delivered to the President," April 26, 2021
38. ↑ United States Census Bureau, "2020 Census Operational Plan: Executive Summary," December 2015
39. ↑ United States Census Bureau, "Census Bureau Statement on Redistricting Data Timeline," February 12, 2021
40. ↑ Office of the Attorney General of Ohio, "AG Yost Secures Victory for Ohioans in Settlement with Census Bureau Data Lawsuit," May 25, 2021
41. ↑ U.S. Census Bureau, "U.S. Census Bureau Statement on Release of Legacy Format Summary Redistricting Data File," March 15, 2021
42. ↑ U.S. Census Bureau, "Decennial Census P.L. 94-171 Redistricting Data," accessed August 12, 2021
43. ↑ United States Census Bureau, "Census Bureau Delivers 2020 Census Redistricting Data in Easier-to-Use Format," September 16, 2021
44. ↑ The Heritage Guide to the Constitution, "Election Regulations," accessed April 13, 2015
45. ↑ Brookings, "Redistricting and the United States Constitution," March 22, 2011
46. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
47. ↑ Brennan Center for Justice, "A Citizen's Guide to Redistricting," accessed March 25, 2015
48. ↑ The Constitution of the United States of America, "Article 1, Section 2," accessed March 25, 2015
49. ↑ 49.0 49.1 49.2 49.3 49.4 49.5 49.6 All About Redistricting, "Where are the lines drawn?" accessed April 9, 2015
50. ↑ 50.0 50.1 50.2 50.3 FairVote, "Redistricting Glossary," accessed April 9, 2015
51. ↑ All About Redistricting, "Who draws the lines?" accessed June 19, 2017
52. ↑ All About Redistricting, "Why does it matter?" accessed April 8, 2015
53. ↑ Encyclopædia Britannica, "Gerrymandering," November 4, 2014
54. ↑ Congressional Research Service, "Congressional Redistricting and the Voting Rights Act: A Legal Overview," April 13, 2015
55. ↑ The Wall Street Journal, "Supreme Court to Consider Limits on Partisan Drawing of Election Maps," June 19, 2017
56. ↑ The Washington Post, "Supreme Court to hear potentially landmark case on partisan gerrymandering," June 19, 2017
57. ↑ Supreme Court of the United States, "Gill v. Whitford: Decision," June 18, 2018
58. ↑ Election Law Blog, "Breaking: SCOTUS to Hear NC Racial Gerrymandering Case," accessed June 27, 2016
59. ↑ Ballot Access News, "U.S. Supreme Court Accepts Another Racial Gerrymandering Case," accessed June 28, 2016
60. ↑ Supreme Court of the United States, "Cooper v. Harris: Decision," May 22, 2017
61. ↑ The Washington Post, "Supreme Court to hear challenge to Texas redistricting plan," May 26, 2015
62. ↑ The New York Times, "Supreme Court Agrees to Settle Meaning of ‘One Person One Vote,'" May 26, 2015
63. ↑ SCOTUSblog, "Evenwel v. Abbott," accessed May 27, 2015
64. ↑ Associated Press, "Supreme Court to hear Texas Senate districts case," May 26, 2015
65. ↑ SCOTUSblog, "The new look at 'one person, one vote,' made simple," July 27, 2015
66. ↑ Supreme Court of the United States, "Harris v. Arizona Independent Redistricting Commission: Brief for Appellants," accessed December 14, 2015
67. ↑ Supreme Court of the United States, "Harris v. Arizona Independent Redistricting Commission," April 20, 2016
68. ↑ The New York Times, "Court Skeptical of Arizona Plan for Less-Partisan Congressional Redistricting," March 2, 2015
69. ↑ The Atlantic, "Will the Supreme Court Let Arizona Fight Gerrymandering?" September 15, 2014
70. ↑ United States Supreme Court, "Arizona State Legislature v. Arizona Independent Redistricting Commission: Opinion of the Court," June 29, 2015
71. ↑ The New York Times, "Supreme Court Upholds Creation of Arizona Redistricting Commission," June 29, 2015
72. ↑ 72.0 72.1 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.

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