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Statehouses, Cities Eye Redistricting 06/08 06:12
(AP) -- After a blitz of congressional redistricting ahead of the midterm
elections, a national battle for partisan control is about to enter a new phase
that could affect representation on everything from tax rates to social safety
net programs, teacher salaries, housing regulations and local road repairs.
Georgia's Republican-led Legislature will convene June 17 for a special
session focused on redistricting for the 2028 elections. The agenda includes
new voting districts not only for Congress, but also for the state House and
Senate -- and potentially even the state's utility regulatory commission.
It will mark the first time since a recent U.S. Supreme Court ruling
weakened minority voting protections that a state legislature will attempt to
redraw its own districts. Mississippi Republicans and New York Democrats also
could undertake legislative redistricting before their 2027 and 2028 elections,
respectively.
Ir remains to be seen, though, how many legislatures will follow, and
whether the outburst of mid-decade redistricting will extend down to county
commissions, city councils and school boards that make myriad decisions
affecting people's lives. The impact could be widespread.
"The stakes here are not political, they are deeply human," said Joe Kennedy
III, founder of Groundwork Project, a nonprofit that supports local civil
rights and democracy organizations.
What's fueling the redistricting movement?
Voting district boundaries typically are redrawn once a decade after each
U.S. census to account for population changes. But last summer, President
Donald Trump urged Texas Republicans to redraw congressional districts to try
to win additional seats in the midterm elections. Other states followed with
their own partisan gerrymandering.
Then a 6-3 Supreme Court ruling in late April jumpstarted even more
redistricting. The court struck down a majority-Black congressional district in
Louisiana as an illegal racial gerrymander, providing grounds for Republicans
in other states to reshape districts with large minority populations that have
elected Democrats.
Why is Georgia redrawing its districts?
A federal judge ruled in 2023 that some of Georgia's congressional, state
Senate and state House districts were drawn in a racially discriminatory
manner. The Legislature quickly approved revised maps with new majority-Black
districts, though they resulted in little change to Republican majorities in
the 2024 elections.
Republican Gov. Brian Kemp has called lawmakers into special session to
again redraw districts in light of the Supreme Court's decision in the
Louisiana case. That could allow Republicans to undo the court-ordered changes
they made in 2023 and potentially redraw other Democratic-held minority
districts to the GOP's advantage.
Republicans have yet to unveil details of their plans. But Democratic state
Rep. Tanya Miller, who is running for attorney general, denounced the upcoming
redistricting as a means of "rigging maps to maintain power."
How many seats are at stake?
Several months before the Supreme Court ruling, a report by Fair Fight
Action and Black Voters Matter forecast that Republicans in 10 Southern states
could eliminate 191 Democratic-held legislative seats -- including 140
districts with Black or Hispanic majorities -- if the Supreme Court gutted
federal Voting Rights Act protections for minorities.
"If anything, our report was an understatement," Cliff Albright, co-founder
and executive director of Black Voters Matter, recently told The Associated
Press. "What's at stake is the future of this democracy."
Other analysts don't expect that many seats to be redistricted. But they do
expect the Supreme Court's decision to ripple through states.
"We're going to potentially see a lot of frenzied efforts at every level,
including at the local level, to try out undoing district maps and
configurations that have performed quite well in providing improved
representation for communities of color," said Kareem Crayton, vice president
of the Washington office of the Brennan Center for Justice.
What states have pending court cases?
The precedent from the recent Supreme Court decision already is being
applied in several states. In light of the ruling, a federal appeals court is
allowing Alabama to use a state Senate map approved by Republican lawmakers in
this year's election instead of one imposed by a federal judge who found the
state had diluted the voting power of Black residents. The change affects two
state Senate districts in the Montgomery area.
The Supreme Court has sent legislative redistricting cases filed on behalf
of Black voters in Mississippi and Native Americans in North Dakota back to
lower courts for further consideration in light of its Louisiana decision. The
Washington attorney general has asked the Supreme Court to do the same for
legislative redistricting cases involving Hispanic voters in that state.
What's stopping states from redistricting?
About half the states have provisions in their constitutions prohibiting
mid-decade redistricting of state legislative seats, said Justin Levitt, a law
professor at Loyola Marymount University in Los Angeles who runs the "All About
Redistricting" website.
But even in states where it's allowed, lawmakers may have fewer reasons to
redraw their own districts than those for Congress, Levitt said. Politicians
who promoted congressional redistricting for the 2026 midterms often justified
it as a way to counter gerrymandering in other states and win as many seats as
possible for their party. They had extra motivation because a swing of only a
few seats nationally in the November elections could affect control of the
closely divided U.S. House.
By contrast, most state legislative chambers already are dominated by one
party.
"There's a lot less incentive, if you already control the state legislature
by 10 or 12 seats, to eke out an incremental one or two at the expense of
really ticking off your own party membership, or at the expense of maybe
risking losing seats in a broader way," Levitt said.
Could local governments also redraw districts?
The Supreme Court decision making it more difficult to prove Voting Rights
Act violations already has affected some local governments.
Plaintiffs have voluntarily dismissed a challenge to commission districts in
Meriwether County, Georgia. A federal court has accepted new legal briefs in a
challenge to Board of Supervisors districts in DeSoto County, Mississippi. And
Indiana's attorney general has asked a federal appeals court to take note of
the Louisiana case when deciding a challenge to how judges are selected in Lake
County.
Over roughly the past four decades, data from the University of Michigan
shows that cities, counties and school boards have been involved in more than
three-fifths of the 466 lawsuits alleging violations of Section 2 of the Voting
Rights Act, which forbids providing minorities less opportunity than other
voters to elect the representatives of their choice.
But that doesn't necessarily mean local governments will rush to redistrict
as a result of a weakened Voting Rights Act. The Supreme Court decision cleared
the way for officials to justify redistricting based on partisan ambitions. But
many local offices are officially nonpartisan.
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