2020 United States redistricting cycle

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Allocation of United States House of Representatives districts following the 2020 United States census

The 2020 United States redistricting cycle is in progress following the completion of the 2020 United States census. In all fifty states, various bodies will re-draw state legislative districts. States that are apportioned more than one seat in the United States House of Representatives will also draw new districts for that legislative body.

The rules for redistricting vary from state to state, but all states draw new legislative and congressional maps either in the state legislature, in redistricting commissions, or through some combination of the state legislature and a redistricting commission. Though various laws and court decisions have put constraints on redistricting, many redistricting institutions continue to practice gerrymandering, which involves drawing new districts with the intention of giving a political advantage to specific groups.^[1] Political parties prepare for redistricting years in advance, and partisan control of redistricting institutions can provide a party with major advantages.^[2] Aside from the possibility of mid-decade redistricting,^[3] the districts drawn in the 2020 redistricting cycle will remain in effect until the next round of redistricting following the 2030 United States census.

United States House of Representatives[]

Reapportionment[]

State	Seats[4][5]
	Current	New
California	53	52
Texas	36	38
Florida	27	28
New York	27	26
Pennsylvania	18	17
Illinois	18	17
Ohio	16	15
Georgia	14	14
North Carolina	13	14
Michigan	14	13
New Jersey	12	12
Virginia	11	11
Washington	10	10
Arizona	9	9
Massachusetts	9	9
Tennessee	9	9
Indiana	9	9
Maryland	8	8
Missouri	8	8
Wisconsin	8	8
Colorado	7	8
Minnesota	8	8
South Carolina	7	7
Alabama	7	7
Louisiana	6	6
Kentucky	6	6
Oregon	5	6
Oklahoma	5	5
Connecticut	5	5
Utah	4	4
Iowa	4	4
Nevada	4	4
Arkansas	4	4
Mississippi	4	4
Kansas	4	4
New Mexico	3	3
Nebraska	3	3
Idaho	2	2
West Virginia	3	2
Hawaii	2	2
New Hampshire	2	2
Maine	2	2
Rhode Island	2	2
Montana	1	2
Delaware	1	1
South Dakota	1	1
North Dakota	1	1
Alaska	1	1
Vermont	1	1
Wyoming	1	1

Article One of the United States Constitution establishes the United States House of Representatives and apportions Representatives to the states based on population, with reapportionment occurring every ten years. The decennial United States census determines the population of each state. Each of the fifty states is guaranteed at least one representative, and the Huntington–Hill method is used to assign the remaining 385 seats to states based on the population of each state. Congress has provided for reapportionment every ten years since the enactment of the Reapportionment Act of 1929. Since 1913, the U.S. House of Representatives has consisted of 435 members, a number set by statute, though the number of Representatives temporarily increased in 1959. Reapportionment also affects presidential elections, as each state is guaranteed electoral votes equivalent to the number of Representatives and Senators representing the state.

Prior to the 2022 U.S. House elections, each state apportioned more than one Representative will draw new congressional districts based on the reapportionment following the 2020 census. Based on the official counts of the 2020 census, California, Illinois, Michigan, New York, Ohio, Pennsylvania, and West Virginia will each lose one seat, while Colorado, Florida, Montana, North Carolina, and Oregon will each gain one seat, and Texas will gain two seats. Though California lost a seat for the first time in its history, the 2020 census continued a broader trend of Northeastern and Midwestern states losing seats and Western and Southern states gaining seats.^[6]

Congressional redistricting methods[]

Congressional redistricting methods by state:

  Independent commission

  Politician commission

  Passed by the legislature with gubernatorial approval^[a]

  Passed by the legislature with no gubernatorial veto

  Passed by the legislature, simple majority veto override

  One at-large district

Each U.S. Representative represents one congressional district, which encompasses all or part of a single state. Every state with more than one congressional district must pass a new redistricting plan before the filing deadlines of the 2022 elections.^[10] In most states, the state legislature draws the new districts, but some states have established redistricting commissions.^[11] Arizona, California, Colorado, Idaho, Michigan, and Washington use independent commissions to draw House districts, while Hawaii and New Jersey use "politician commissions" to draw House districts.^[11] Alaska, Delaware, North Dakota, South Dakota, Vermont and Wyoming will continue to have only one representative in the House, and so will not have to draw new House districts.

In all other states, the legislature draws district lines, although some states have advisory commissions that can play a major role in drawing lines, and other states have backup commissions if the state legislature is unable to draw the lines itself.^[11] In many states, districts are drawn with the intent to benefit certain political groups, including one of the two major political parties, in a practice known as gerrymandering. Most states draw new lines by passing a law the same way any other law is passed, but some states have special procedures.^[11] Connecticut and Maine require a two-thirds super-majority in each house of the state legislature for redistricting plans, while district lines are not subject to gubernatorial veto in Connecticut and North Carolina.^[11] The Ohio redistricting process is designed to encourage the legislature to pass a map with bipartisan support, but the majority party can pass maps that last for four years (as opposed to the normal ten years) without the support of the minority party.^[12] The legislatures of Alabama, Indiana, Kentucky, Tennessee, and West Virginia can override gubernatorial vetoes with a simple majority vote,^[13] giving governors in those states little leverage in the drawing of new district maps.

Limits on congressional redistricting[]

Though the states have wide latitude in the re-drawing of congressional districts, state power over redistricting is subject to limits set by the U.S. Constitution, rulings of the federal judiciary and statutes passed by Congress. In the case of Wesberry v. Sanders, the Supreme Court of the United States established that states must draw districts that are equal in population "as nearly as is practicable." Subsequent court cases have required states to redistrict every ten years, although states can redistrict more often than that depending on their own statutes and constitutional provisions.^[14] Since the passage of the 1967 Uniform Congressional Districts Act, most states have been barred from using multi-member districts; all states currently use single-member districts.^[15] The Voting Rights Act of 1965 establishes protections against racial redistricting plans that would deny minority voters an equal opportunity to elect representatives of their choice. The Supreme Court case of Thornburg v. Gingles established a test to determine whether redistricting lines violate the Voting Rights Act. In some states, courts have required the creation of majority-minority districts.^[16]

In addition to standards required by federal law, many states have also adopted other criteria, including compactness, contiguity, and the preservation of political subdivisions (such as cities or counties) or communities of interest.^[17] Some states, including Arizona, Colorado, New York and Washington require the drawing of competitive districts.^[17]

Control of congressional redistricting[]

Partisan control of congressional redistricting after the 2020 elections, with the number of U.S. House seats each state will receive.

  Democratic control

  Republican control

  Split or bipartisan control

  Independent redistricting commission

  No redistricting necessary

Congressional redistricting plans passed by legislature[]

The table shows the partisan control of states in which congressional redistricting is enacted through either a bill or a joint resolution passed by the legislature. States in which the governor can technically veto the bill, but that veto can be overridden by a simple majority of the state legislature, are marked as "simple maj. override".

An * indicates that a 2/3 super-majority vote is required in the legislature
A ↑ indicates that one party can override a gubernatorial veto because of a super-majority in the legislature
A † indicates that the state employs an advisory commission
A ‡ indicates that the state employs a backup commission

Congressional redistricting plans passed by commissions[]

Six states with multiple members of the House of Representatives use independent commissions to draw congressional districts. In Arizona, Montana, and Washington, the four party leaders of the state house and state senate each select one member of the Independent Redistricting Commission, and these four members select a fifth member who is not affiliated with either party. In California, the Citizen's Redistricting Commission consists of five Democrats, five Republicans, and four individuals who are not members of either party. In Idaho, the four party leaders of the state house and state senate and the chairmen of the two most popular state parties (based on the results of the most recent gubernatorial vote) each select a member of the Commission for Reapportionment.^[21]

Two states use politician commissions to draw congressional districts. In Hawaii, the president of the state senate and the speaker of the state house each select two members of the Reapportionment Commission, while the minority parties in both chambers each appoint two members of the commission. The eight members of the commission then select a ninth member, who also chairs the commission. In New Jersey, the four party leaders of the state house and state senate and the party leaders of the two largest parties each choose two members of the Apportionment Commission, and the twelve members of the commission select a thirteenth member to chair the commission.^[21]

One state, Virginia, uses a hybrid, bipartisan commission consisting of eight legislators and eight non-legislator citizens. The commission is evenly divided between Democrats and Republicans.^[22]

State legislatures[]

Legislative redistricting methods[]

State legislative redistricting methods by state:

  Independent commission

  Politician commission

  Passed by the legislature with gubernatorial approval^[a]

  Passed by legislature with no gubernatorial veto

  Passed by legislature, simple majority veto override

Each state draws new legislative district boundaries every ten years. Every state except Nebraska has a bicameral legislative branch. Nebraska is also unique in that it has the only legislative body that is officially non-partisan. Most states must pass redistricting plans by the time of the filing deadlines for the 2022 elections. The exceptions are Virginia and New Jersey, which must pass new plans in 2021, Louisiana and Mississippi which have a 2023 deadline, and Montana, which has a 2024 deadline.^[10]

Fifteen states use independent or politician commissions to draw state legislative districts. In the other states, the legislature is ultimately charged with drawing new lines, although some states have advisory or back-up commissions. Connecticut, Illinois, Mississippi, Oklahoma, and Texas have backup commissions that draw district lines if the legislature is unable to agree on new districts. Iowa, Maine, New York, Rhode Island, and Vermont employ advisory commissions. In Oregon, the Secretary of State will draw the legislative districts if legislature fails to do so. In Connecticut and Maine, a 2/3 super-majority vote in each house is required to create new districts, while in Connecticut, Florida, Maryland, Mississippi, and North Carolina, the governor cannot veto redistricting plans.^[23] The legislatures of Alabama, Indiana, Kentucky, Tennessee, and West Virginia can override gubernatorial vetoes with a simple majority vote,^[13] giving governors in those states little leverage in the drawing of new district maps.

Limits on state legislative redistricting[]

The states have wide latitude in re-drawing legislative districts, but the U.S. Supreme Court case of Reynolds v. Sims established that states must draw districts that are "substantially equal" in population to one another. Federal court cases have established that deviation between the largest and smallest districts generally cannot be greater than ten percent, and some states have laws requiring less deviation. Court cases have also required states to redistrict every ten years, although states can redistrict more often than that depending on their own statutes and constitutional provisions.^[14] States are free to employ multi-member districts, and different districts can elect different numbers of legislators.^[24] The Voting Rights Act of 1965 establishes protections against racial redistricting plans that would deny minority voters an equal opportunity to elect representatives of their choice. The Supreme Court case of Thornburg v. Gingles established a test to determine whether redistricting lines violate the Voting Rights Act.^[16]

Many states have also adopted other criteria, including compactness, contiguity, and the preservation of political subdivisions (such as cities or counties) or communities of interest.^[17] Some states, including Arizona, require the drawing of competitive districts,^[17] while other states require the nesting of state house districts within state senate districts.^[25]

Control of legislative redistricting[]

Partisan control of state legislative redistricting after the 2020 elections.

  Democratic control

  Republican control

  Split or bipartisan control

  Independent redistricting commission

State legislative redistricting plans passed by legislature[]

The table shows the partisan control of states in which state legislative redistricting is enacted via a bill passed by the legislature. States in which the governor can technically veto the bill, but that veto can be overridden by a simple majority of the state legislature, are marked as "simple maj. override".

An * indicates that a 2/3 super-majority vote is required in the legislature
A ↑ indicates that one party can override a gubernatorial veto because of a super-majority in the legislature
A † indicates that the state employs an advisory commission
A ‡ indicates that the state employs a backup commission

State legislative redistricting plans passed by commission[]

Eight states use independent commissions to draw state legislative districts. In Alaska, the governor appoints two individuals and the Speaker of the House, senate president, and Chief Justice of the Alaska Supreme Court each appoint one individual to the Redistricting Board. In Arizona, Montana, and Washington, the four legislative party leaders each appoint one member to the redistricting commission, and these four individuals choose a fifth member to chair the commission. California's Citizen's Redistricting Commission consists of five Democrats, five Republicans, and four individuals who are not members of either party. Idaho's Commission for Reapportionment consists of six individuals appointed by the chairmen of the two largest parties (based on the most recent gubernatorial vote) and the four state legislative party leaders.^[27]

Six states use politician commissions to draw state legislative districts. Arkansas's Board of Apportionment consists of the governor, secretary of state, and attorney general. The Ohio Redistricting Commission consists of the governor, auditor, secretary of state, and four individuals appointed by the state legislative party leaders. Hawaii's Reapportionment Commission consists of eight appointees of the state legislative party leaders, and these appointees select a ninth member to chair the commission. The New Jersey Apportionment Commission consists of twelve individuals appointed by the state legislative party leaders and the two major party chairmen, with these twelve individuals choosing a thirteenth member to chair the board. Pennsylvania's redistricting commission consists of four appointees chosen by the state legislative party leaders, and these four appointees choose a fifth member to chair the commission. In Missouri, a commission is created for each legislative chamber as a result of the governor picking from lists submitted by the leaders of the two major parties.^[27]

One state, Virginia, uses a hybrid, bipartisan commission consisting of eight legislators and eight non-legislator citizens. The commission is evenly divided between Democrats and Republicans.^[22]

Final disposition[]

Parts of this article (those related to enacted state legislative plans) need to be updated. Please help update this article to reflect recent events or newly available information. (November 2021)

This table shows the final status of redistricting in each state.

State	U.S. House seats	U.S. House disposition	State legislative disposition
California	52	Passed into law[28]	Passed into law[28]
Texas	38	Passed into law*[29]	Passed into law*[30]
Florida	28
New York	26
Pennsylvania	17
Illinois	17	Passed into law[31]	Passed into law[32]
Ohio	15	Passed into law*;[33] Overturned by state Supreme Court[34]	Passed into law;[35] Overturned by state Supreme Court[36]
Georgia	14	Passed into law*[37]	Passed into law*[37]
North Carolina	14	Passed into law*[29]
Michigan	13	Passed into law*[38]
New Jersey	12	Passed into law*[39]
Virginia	11	Passed into law[40]	Passed into law[40]
Washington	10
Arizona	9	Passed into law[41]	Passed into law[41]
Massachusetts	9	Passed into law[42]
Tennessee	9
Indiana	9	Passed into law[43]
Maryland	8	Passed into law*[44]
Missouri	8
Wisconsin	8
Colorado	8	Passed into law[45]	Passed into law[46]
Minnesota	8
South Carolina	7
Alabama	7	Passed into law*[29]	Passed into law[47]
Louisiana	6
Kentucky	6	Passed into law[48]
Oregon	6	Passed into law[49]	Passed into law[49]
Oklahoma	5	Passed into law[50]	Passed into law[50]
Connecticut	5
Utah	4	Passed into law[51]
Iowa	4	Passed into law[29]
Nevada	4	Passed into law*[52]
Arkansas	4	Passed into law[29]
Mississippi	4
Kansas	4
New Mexico	3	Passed into law[53]
Nebraska	3	Passed into law[54]
Idaho	2	Passed into law[55]
West Virginia	2	Passed into law[29]	Passed into law[56]
Hawaii	2
New Hampshire	2
Maine	2	Passed into law[57]	Passed into law[57]
Rhode Island	2
Montana	2	Passed into law[58]
Delaware	1	N/A
South Dakota	1	N/A
North Dakota	1	N/A
Alaska	1	N/A	Passed into law*[59]
Vermont	1	N/A
Wyoming	1	N/A

An * indicates that litigation is currently pending against the finalized maps

Litigation[]

Racial Gerrymandering[]

Lawsuits have been filed in multiple states against congressional and state legislative maps due to claims that the new maps disenfranchize minority voters. In Alabama, four lawsuits were filed against the congressional and state legislative maps, alleging racial bias and violation of the Voting Rights Act of 1965 (VRA) by diluting the power of minority voters in the state.^[60] In Georgia, staff attorneys at the Southern Poverty Law Center claimed that, "the maps produced out of the special legislative session block Georgia’s communities of color from obtaining political representation that reflects their population growth”.^[61] The American Civil Liberties Union of Georgia filed suit in December 2020, alleging that both state legislative maps and congressional maps violated the VRA.^[62] The NAACP sued multiple state officials in Arkansas over the new state House districts, arguing that they unconstituionally underrepresent Black voters.^[63] Both congressional and state legislature maps drawn by the Michigan Independent Citizens Redistricting Commission were challenged in court for violating the VRA by reducing the number of Black-majority districts in Detroit.^[64] While supporters claim that this allows Black voters to elect more Black-aligned canddiates across a larger number of districts, opponents argue that this dillutes the power of Black voters.^[65]

Partisan Gerrymandering[]

In Maryland, two Republican aligned groups sued to overturn the new congressional maps, arguing that they were partisan gerrymanders that "cracked" Republican voters across several districts, diluting their voting power.^[66] The Supreme Court of Ohio overturned initially passed state legislative maps, arguing that they unfairly favored Republicans against the guidance of Ohio's 2015 redistricting amendment that seeks to limit partisan gerrymandering.^[36]

Lawsuits Challenging the Maps[]

Several lawsuits in states that have approved maps are seeking to force changes to the maps. These states include Alabama, Georgia, Maryland, Michigan, Nevada, New Jersey, North Carolina, Ohio, and Texas. As more states seek to approve maps, the number of lawsuits filed will potentially increase.^[67]

Redistricting organizations and funds[]

Democrats were particularly unhappy with the results of the 2012 House elections in which Democratic House candidates received more votes than Republican House candidates, but Republicans retained control of the chamber.^[68] Organizations such as the Democratic Governors Association and the Democratic Legislative Campaign Committee have established funds dedicated to helping Democrats in the 2020 round of redistricting.^[68][69] Democrats also established the National Democratic Redistricting Committee to coordinate Democratic redistricting efforts.^[70] Republicans established a similar group, the National Republican Redistricting Trust.^[71]

Changes to the redistricting process since 2012[]

Federal court rulings[]

In the 2013 case, Shelby County v. Holder, the Supreme Court struck down Section 4(b) of the Voting Rights Act, which was a coverage formula that determined which states and counties required preclearance from the Justice Department before making changes to voting laws and procedures.^[72] The formula had covered states with a history of minority voter disenfranchisement, and the preclearance procedure was designed to block discriminatory voting practices.^[72] In the 2019 case of Rucho v. Common Cause, the Supreme Court held that claims of partisan gerrymandering present nonjusticiable political questions that cannot be reviewed by federal courts.^[73]

In another 2019 case, Department of Commerce v. New York, the Supreme Court blocked the Trump administration from adding a question to the 2020 census regarding the citizenship of respondents.^[74]

State court rulings[]

In 2015, the Supreme Court of Florida ordered the state to draw a new congressional map on the basis of a 2010 state constitutional amendment that banned partisan gerrymandering.^[75]

In 2018, the Pennsylvania Supreme Court threw out the 2011 U.S. House of Representatives map on the grounds that it violated the state constitution; the court established new redistricting standards requiring districts to be compact and to minimize the splitting of counties and towns.^[76]

In 2019, a North Carolina state court struck down the state's legislative districts on the grounds that the district had been created with the partisan intent of favoring Republican candidates.^[77]

In 2022, the Ohio Supreme Court struck down the state's congressional and legislative districts.

Ballot measures[]

In 2015, Ohio voters approved a ballot measure changing the composition of the commission charged with drawing state legislative districts, adding two legislative appointees to the commission and creating rules and guidelines designed to make partisan gerrymandering more difficult.^[78] In May 2018, Ohio voters approved a proposal that modified the state's congressional redistricting processes.^[12]

In 2018, voters in Colorado and Michigan approved of a proposal to establish an independent redistricting commission for congressional and state legislative districts in their respective states.^[79] In Utah, voters approved the creation of a redistricting commission to draw congressional and state legislative districts, though the Utah state legislature retains the power to reject these maps.^[80]

In 2020, voters in Virginia approved the establishment of a bipartisan redistricting commission for both congressional and state legislative redistricting. The commission consists of eight legislators and eight non-legislator citizens, with the commission split evenly between Democrats and Republicans.^[22]

In 2018, Missouri voters approved of a proposal to have a non-partisan state demographer draw state legislative districts, but in 2020 Missouri voters approved a second referendum eliminating the state demographer position and restoring the system in place prior to the 2018 referendum.^[81]

See also[]

• 2017, 2018, 2019, 2020, and 2021 United States elections
• Gerrymandering in the United States
• Redistricting in the United States
• Electoral geography

Notes[]

References[]

External links[]

• "50 State Guide to Redistricting". Brennan Center for Justice. Archived from the original on August 26, 2019. Retrieved November 4, 2018.
• "The Atlas of Redistricting". FiveThirtyEight. January 25, 2018. Retrieved November 1, 2018.