Isabella Carter
Redistricting in the United States is the process of drawing electoral district boundaries for the House of Representatives and state legislatures. While the U.S. Constitution provides for proportional representation in the House, with the number of seats apportioned among the states by population, it is the state legislatures that have primary control over the redistricting process. This includes determining the “times, places, and manner” of congressional elections, subject to federal laws and judicial review. However, the specific process and responsibility for redistricting vary across states, with some utilizing independent commissions or courts to draw district lines, while others face gerrymandering allegations and legal challenges.
| Characteristics | Values |
|---|---|
| Who is responsible for redistricting? | In most states, the state legislature has primary control of the redistricting process. |
| Number of states with primary control over their own district lines | 34 |
| Number of states with primary control over congressional lines | 39 |
| States with "politician commissions" | Arkansas, Hawaii, Missouri, New Jersey, Ohio, Pennsylvania, and Virginia |
| States with independent commissions | Alaska, Arizona, California, Colorado, Hawaii, Idaho, Michigan, Missouri, Montana, New Jersey, Ohio, Pennsylvania, and Washington |
| States with a single representative | Alaska, Delaware, North Dakota, South Dakota, Vermont, and Wyoming |
| States with court-ordered maps | Ohio and North Carolina |
| States with court-drawn maps | Washington, Wisconsin, Pennsylvania, North Carolina, and New York |
| States with backup procedures to draw state district lines | Connecticut, Illinois, Maryland, Mississippi, Ohio, Oklahoma, Oregon, Texas, Indiana, and Ohio |
| States with backup procedures for congressional districts | Connecticut, Indiana, and Ohio |
| States with specific constraints for splitting counties and municipalities | Ohio |
| States requiring state legislative districts to account for political boundaries | 34 |
| States imposing constraints on congressional districts | 15 |
| States with requirements for contiguous territory | Texas |
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What You'll Learn
State legislatures' primary role
The state legislature has primary responsibility for creating a redistricting plan in 25 states, both for state legislative districts and for congressional districts. 34 state legislatures have primary control of their own district lines, and 39 legislatures have primary control over the congressional lines in their state. In most of these states, district lines pass just like regular legislation, with a majority vote in each legislative chamber. The first draft is often done by legislative committees chosen by legislative leadership. These bills are usually subject to a veto by the Governor and, in some cases, override by the legislators.
In eight states—Connecticut, Illinois, Maryland, Mississippi, Ohio, Oklahoma, Oregon, and Texas—there are special backup procedures to draw state district lines if the legislature does not successfully pass a plan. Connecticut, Indiana, and Ohio use backup commissions for congressional districts. In Maryland, a nine-member advisory committee assists the Governor in developing draft plans that are submitted to the state legislature at the beginning of their session.
In seven states—Arkansas, Hawaii, Missouri, New Jersey, Ohio, Pennsylvania, and Virginia—state legislative districts are drawn by "politician commissions," where elected officials may serve as members. In Arkansas and Ohio, specific elected officials have designated seats on the commission. In the other states, the legislative or party leadership nominates at least some commissioners, with a role sometimes given to the Governor or Chief Justice of the state Supreme Court to select nominees or appoint additional members.
Thirteen states—Alaska, Arizona, California, Colorado, Hawaii, Idaho, Michigan, Missouri, Montana, New Jersey, Ohio, Pennsylvania, and Washington—determine congressional redistricting by an independent or bipartisan redistricting process. In some states, independent commissions and courts draw around a fifth of congressional districts. In others, district lines are drawn by political commissions.
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Federal law and the Constitution
Redistricting in the United States is the process of drawing electoral district boundaries for the House of Representatives and state legislatures. Federal law and the Constitution outline specific requirements for redistricting, although the states and their legislatures have primary authority in determining the "times, places, and manner" of congressional elections.
The US Constitution, in Article 1, Section 2, Clause 3, provides for proportional representation in the House of Representatives. This proportional representation is based on the population of each state relative to the others, as stipulated in Article 1, Section 2, and further affirmed by the Reapportionment Act of 1929, which set the number of seats in the House at 435.
Federal law requires that reapportionment of congressional seats occurs after each decennial census to account for population shifts and add or remove districts as necessary. This process, known as redistricting, is carried out by the state legislatures, subject to judicial review and federal laws. The boundaries of individual congressional districts within each state are redrawn by the state legislature in accordance with state and federal law, with the basic purpose of equalizing population among electoral districts.
The Fourteenth Amendment to the US Constitution and the Voting Rights Act of 1965 also play a role in redistricting. The Fourteenth Amendment requires that districts must be drawn in a manner that neither has the purpose nor the effect of denying or abridging the right to vote based on race, color, or language group. The Voting Rights Act of 1965 required Justice Department approval, known as pre-clearance, in certain states with a history of racial barriers to voting.
While the federal constitution and statutory provisions provide the framework for redistricting, specific state constitutions and laws may result in different requirements for various types of districts. For example, the Texas Constitution requires the Texas Senate to be elected from single-member districts composed of contiguous territory, and for the legislature to redistrict during the first regular session following the decennial census.
In summary, federal law and the Constitution set the framework for redistricting, but the process is primarily carried out by state legislatures and influenced by state-specific laws and constitutions, with judicial review and federal laws providing oversight and protection against violations of citizens' rights.
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Gerrymandering and its critics
Gerrymandering is a practice that has been a thorn in the side of democracy for centuries. It involves manipulating the boundaries of electoral districts to favour a particular political party. This can result in oddly shaped districts that bear no relation to actual communities and are designed purely to manufacture election outcomes.
In the US, the responsibility for redistricting falls primarily on state legislatures. 34 state legislatures control their own district lines, and 39 control the congressional lines in their state. However, the US Constitution gives the states and their legislatures the authority to determine the "times, places, and manner" of congressional elections. This has resulted in significant partisan bias in maps, with both Democrats and Republicans using redistricting for their own ends. For example, in 2010, Republicans launched a successful campaign to win majorities in as many state legislatures as possible, giving them control over the drawing of 213 congressional districts. This produced some of the most extreme gerrymanders in history, such as in Pennsylvania, where Republicans gained control of 13 out of 18 congressional districts, despite Democrats winning the majority of the statewide congressional vote.
Gerrymandering has been a problem since the early days of the republic, and critics have argued that it has been used to neutralize minority voting power and create non-competitive elections. For instance, in Wisconsin in 2018, Democrats won every statewide office and a majority of the statewide vote, but due to gerrymandering, they only won 36 out of 99 seats in the state assembly. This has led to a sense of voter disenfranchisement, with many Americans feeling like their votes don't matter.
While the Supreme Court has ruled that racial gerrymandering violates federal law, it has not established a clear precedent on partisan gerrymandering. However, in recent years, there has been an increase in more advanced computational techniques to quantify gerrymandering and compare district maps with neutral or unbiased maps. These techniques have been used to challenge gerrymandering in court, with some success. For example, in North Carolina in 2022, the state Supreme Court ruled that the congressional district map violated state law due to partisan gerrymandering, and this decision was affirmed by the US Supreme Court.
Overall, gerrymandering remains a significant issue in US politics, and despite some legal challenges and interventions, it continues to be a threat to democratic principles.
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Court involvement and disputes
The US Constitution leaves the authority to establish congressional districts to the legislature of each state, but such decisions are subject to judicial review. Federal and state courts can order the redistricting of certain maps between censuses if they are deemed unconstitutional or against federal law.
The federal constitution puts few practical limits on redistricting bodies. Individual districts can be drawn to favour or disfavour certain candidates, and the Supreme Court has explicitly allowed lines to be drawn to protect incumbents and even for partisan advantage. However, the Supreme Court has unanimously stated that excessive partisanship in the process is unconstitutional.
State law increasingly restricts undue partisanship. The constitutions or statutes of 19 states now speak to the issue for state legislative districts. Thirteen states determine congressional redistricting by an independent or bipartisan redistricting commission to reduce the role of legislative politics. Five states give independent bodies the authority to propose redistricting plans, but the state legislature must approve them.
The federal Voting Rights Act of 1965 was designed to combat tactics denying minorities the right to an effective vote, including redistricting techniques. From 1965-2013, the Voting Rights Act required every change in election rules to be run by the Department of Justice or a federal court before they took effect. The Supreme Court blocked a lower-court ruling in a redistricting dispute in North Dakota that would have eliminated the most common path for people and civil rights groups to sue under a key provision of the Voting Rights Act.
The Brennan Center tracks and analyses ongoing redistricting litigation. In June 2019, the US Supreme Court ruled that federal courts may not police partisan gerrymandering, leaving that issue to state courts or the political process.
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Redistricting commissions
IRCs are a voter-centric reform that ensures voters—not politicians—decide how electoral districts are drawn. IRCs strive to create electoral districts that accurately reflect the preferences and demographics of the population. They achieve this by adopting transparent processes and considering factors such as demographic changes and the impact on communities.
The structure of IRCs varies from state to state. Some are created by statute and can be changed or eliminated by the legislature, while others are written into the state constitution. The composition of redistricting commissions can take one of two forms: politician commissions and non-politician commissions. Politician commissions are those whose members can hold political office, while non-politician commissions are those whose members cannot hold political office.
As of March 2024, 16 states use commissions for state legislative redistricting, including states with hybrid methods. Ten of these are non-politician commissions, five are politician commissions, and Virginia's commission has an equal number of politicians and non-politicians. Additionally, 11 states use commissions to draw congressional district lines, with nine of these being non-politician commissions, one being a politician commission (New Jersey), and one having an equal number of politicians and non-politicians (Virginia).
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Frequently asked questions
The state legislature has primary control of the redistricting process in most states.
The state legislature is responsible for creating a redistricting plan, which is often subject to approval by the state governor.
The legal basis for redistricting is found in Article 1, Section 2, Clause 3 of the US Constitution, which provides for proportional representation in the House of Representatives.
The state and federal court systems are often involved in resolving disputes over redistricting. Those disadvantaged by a proposed redistricting plan may also challenge it in court.
