Redistricting is the process by which new congressional and state legislative district boundaries are drawn. Each of Nevada's four United States Representatives and 63 state legislators are elected from political divisions called districts. United States Senators are not elected by districts, but by the states at large. District lines are redrawn every 10 years following completion of the United States census. The federal government stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity.[1][2][3][4]
Nevada was apportioned 4 seats in the U.S. House of Representatives after the 2020 census, the same number it received after the 2010 census.
Governor Steve Sisolak (D) signed the congressional map into law on November 16, 2021.[5] This map takes effect for Nevada's 2022 congressional elections. On November 14, 2021, the Nevada State Senate voted 12-9 to approve the Democratic congressional and legislative map proposals. In a press release, Democratic lawmakers said they planned to issue an amendment to the draft maps in the Nevada State Assembly that would aim to address requests from tribal communities in the state and the allocation of incarcerated individuals.[6] On November 16, the Nevada State Assembly voted 25-17 to approve the amended maps.[7] Governor Steve Sisolak (D) signed new legislative maps into law on November 16, 2021.[5] These maps take effect for Nevada's 2022 legislative elections. On November 14, 2021, the Nevada State Senate voted 12-9 to approve the Democratic congressional and legislative map proposals.[6] On November 16, the Nevada State Assembly voted 25-17 to approve the maps.[7] Click here for more information on maps enacted after the 2020 census.
See the sections below for further information on the following topics:
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.
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.[8][9]
“ | 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.[10] | ” |
—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."[11][12][13]
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."[13]
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."[13]
In addition to the federal criteria noted above, individual states may impose additional requirements on redistricting. Common state-level redistricting criteria are listed below.
In general, a state's redistricting authority can be classified as one of the following:[15]
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.[1][16]
For additional background information about gerrymandering, click "[Show more]" below.
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.[17]
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.[18][19]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.
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.[20]
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.[21][22][23]
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.[24][25][26][27]
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.[28][29][30]
Section 2 of the Voting Rights Act of 1965 mandates that electoral district lines cannot be drawn in such a manner as to "improperly dilute minorities' voting power."
“ | No voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote on account of race or color.[10] | ” |
—Voting Rights Act of 1965[35] |
States and other political subdivisions may create majority-minority districts in order to comply with Section 2 of the Voting Rights Act. A majority-minority district is a district in which minority groups compose a majority of the district's total population. As of 2015, Nevada was home to two congressional majority-minority districts.[2][3][4]
Proponents of majority-minority districts maintain that these districts are a necessary hindrance to the practice of cracking, which occurs when a constituency is divided between several districts in order to prevent it from achieving a majority in any one district. In addition, supporters argue that the drawing of majority-minority districts has resulted in an increased number of minority representatives in state legislatures and Congress.[2][3][4]
Critics, meanwhile, contend that the establishment of majority-minority districts can result in packing, which occurs when a constituency or voting group is placed within a single district, thereby minimizing its influence in other districts. Because minority groups tend to vote Democratic, critics argue that majority-minority districts ultimately present an unfair advantage to Republicans by consolidating Democratic votes into a smaller number of districts.[2][3][4]
In Nevada, both congressional and state legislative district boundaries are drawn by the state legislature. The lines are subject to veto by the governor.[36]
Under a state law enacted in 2019, state prison inmates are counted as residents of their home addresses for redistricting purposes.[37]
States differ on how they count incarcerated persons for the purposes of redistricting. In Nevada, inmates who were in-state residents prior to incarceration are counted in their last known residence's district population. Policies for counting out-of-state residents, inmates with unknown previous residences, and federal inmates are not addressed.
Nevada comprises four congressional districts. The map to the right depicts Nevada's congressional district lines as drawn following the 2010 United States Census. The table below lists Nevada's current House representatives.
Office | Name | Party | Date assumed office | Date term ends |
---|---|---|---|---|
U.S. House Nevada District 1 | Dina Titus | Democratic | January 3, 2013 | January 3, 2023 |
U.S. House Nevada District 2 | Mark Amodei | Republican | January 3, 2011 | January 3, 2023 |
U.S. House Nevada District 3 | Susie Lee | Democratic | January 3, 2019 | January 3, 2023 |
U.S. House Nevada District 4 | Steven Horsford | Democratic | January 3, 2019 | January 3, 2023 |
Nevada comprises 21 state Senate districts and 42 state House districts. State senators are elected every four years in partisan elections. State representatives are elected every two years in partisan elections. To access the state legislative district maps approved during the 2020 redistricting cycle, click here.[38]
Nevada was apportioned four 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.[39]
Governor Steve Sisolak (D) signed the congressional map into law on November 16, 2021.[5] This map takes effect for Nevada's 2022 congressional elections. On November 14, 2021, the Nevada State Senate voted 12-9 to approve the Democratic congressional and legislative map proposals. In a press release, Democratic lawmakers said they planned to issue an amendment to the draft maps in the Nevada State Assembly that would aim to address requests from tribal communities in the state and the allocation of incarcerated individuals.[6] On November 16, the Nevada State Assembly voted 25-17 to approve the amended maps.[7]
Below are the congressional maps in effect before and after the 2020 redistricting cycle.
Click a district to compare boundaries.
Click a district to compare boundaries.
Governor Steve Sisolak (D) signed new legislative maps into law on November 16, 2021.[5] These maps take effect for Nevada's 2022 legislative elections. On November 14, 2021, the Nevada State Senate voted 12-9 to approve the Democratic congressional and legislative map proposals.[6] On November 16, the Nevada State Assembly voted 25-17 to approve the maps.[7]
Below is the state Senate map in effect before and after the 2020 redistricting cycle.
Click a district to compare boundaries.
Click a district to compare boundaries.
Below is the state House map in effect before and after the 2020 redistricting cycle.
Click a district to compare boundaries.
Click a district to compare boundaries.
Rep. Brittney Miller (D) spoke before the final vote on the maps, saying: "These maps are fair and legal and accurately reflect the diversity of our state." After signing the maps, Gov. Steve Sisolak (D) said: "After a thoughtful, efficient and productive session, I am proud to sign these bills into law today. These maps reflect Nevada’s diversity and reflect public feedback gathered throughout the legislative process."[40]
Rep. Melissa Hardy (R) criticized the maps, saying: "A process that affects every person living in the state [...] deserves to be thoroughly vetted and questioned by this body as a whole. Instead, there are a lack of answers to questions posed, an inability to ask questions of those who have the answers, and an overall lack of transparency throughout." Rep. Jill Dickman (R) said: "This bill is universally disliked, but the reason has nothing to do with compromise because there was none."[40]
Following the 2010 United States Census, Nevada gained one congressional seat. At the time of redistricting, Democrats controlled both chambers of the state legislature; a Republican held the governorship. On May 10, 2011, the legislature approved a congressional redistricting plan, but this proposal was vetoed by the governor. The legislature passed another congressional district map on May 25, 2011, which was also vetoed by the governor.[36][41]
Due to the stalemate between the governor and the state legislature, it fell to the courts to the draw the district boundaries. On August 3, 2011, the Nevada First Judicial District Court appointed a three-member panel to draft a new congressional district map. This panel comprised a county elections administrator, a former state legislative research director, and an attorney. On October 14, 2011, the panel issued its redistricting plan, which was approved by the court on October 27, 2011.[36][41]
At the time of redistricting, Democrats controlled both chambers of the state legislature; a Republican held the governorship. On May 10, 2011, the legislature approved a state legislative redistricting plan, but this proposal was vetoed by the governor. The legislature passed another set of legislative district maps on May 25, 2011, which were also vetoed by the governor. Due to the stalemate between the governor and the state legislature, it fell to the courts to draw the district boundaries. On August 3, 2011, the Nevada First Judicial District Court appointed a three-member panel to draft a new state legislative district maps. This panel comprised a county elections administrator, a former state legislative research director, and an attorney. On October 14, 2011, the panel issued its redistricting plan, which was approved by the court on October 27, 2011.[36][41]
The following is a list of recent redistricting bills that have been introduced in or passed by the Nevada state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.
Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.
Ballotpedia has tracked the following ballot measure(s) relating to redistricting in Nevada.
There are conflicting opinions regarding the correlation between partisan gerrymandering and electoral competitiveness. In 2012, Jennifer Clark, a political science professor at the University of Houston, said, "The redistricting process has important consequences for voters. In some states, incumbent legislators work together to protect their own seats, which produces less competition in the political system. Voters may feel as though they do not have a meaningful alternative to the incumbent legislator. Legislators who lack competition in their districts have less incentive to adhere to their constituents’ opinions."[42]
In 2006, Emory University professor Alan Abramowitz and Ph.D. students Brad Alexander and Matthew Gunning wrote, "[Some] studies have concluded that redistricting has a neutral or positive effect on competition. ... [It] is often the case that partisan redistricting has the effect of reducing the safety of incumbents, thereby making elections more competitive."[43]
In 2011, James Cottrill, a professor of political science at Santa Clara University, published a study of the effect of non-legislative approaches (e.g., independent commissions, politician commissions) to redistricting on the competitiveness of congressional elections. Cottrill found that "particular types of [non-legislative approaches] encourage the appearance in congressional elections of experienced and well-financed challengers." Cottrill cautioned, however, that non-legislative approaches "contribute neither to decreased vote percentages when incumbents win elections nor to a greater probability of their defeat."[44]
In 2021, John Johnson, Research Fellow in the Lubar Center for Public Policy Research and Civic Education at Marquette University, reviewed the relationship between partisan gerrymandering and political geography in Wisconsin, a state where Republicans have controlled both chambers of the state legislature since 2010 while voting for the Democratic nominee in every presidential election but one since 1988. After analyzing state election results since 2000, Johnson wrote, "In 2000, 42% of Democrats and 36% of Republicans lived in a neighborhood that the other party won. Twenty years later, 43% of Democrats lived in a place Trump won, but just 28% of Republicans lived in a Biden-voting neighborhood. Today, Democrats are more likely than Republicans to live in both places where they are the overwhelming majority and places where they form a noncompetitive minority."[45]
In 2014, Ballotpedia conducted a study of competitive districts in 44 state legislative chambers between 2010, the last year in which district maps drawn after the 2000 census applied, and 2012, the first year in which district maps drawn after the 2010 census applied. Ballotpedia found that there were 61 fewer competitive general election contests in 2012 than in 2010. Of the 44 chambers studied, 25 experienced a net loss in the number of competitive elections. A total of 17 experienced a net increase. In total, 16.2 percent of the 3,842 legislative contests studied saw competitive general elections in 2010. In 2012, 14.6 percent of the contests studied saw competitive general elections. An election was considered competitive if it was won by a margin of victory of 5 percent or less. An election was considered mildly competitive if it was won by a margin of victory between 5 and 10 percent. For more information regarding this report, including methodology, see this article.
In Nevada, there were five competitive races for the Nevada State Assembly in 2012, compared to three in 2010. There were four mildly competitive House races in 2012, compared to two in 2010. This amounted to a net gain of four competitive elections.
The link below is to the most recent stories in a Google news search for the terms Redistricting Nevada. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
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