WASHINGTON (AP) — Traditionally, redistricting occurs following the U.S. Census Bureau’s decennial population count or due to court mandates. However, Texas Republicans are considering a deviation from this norm, potentially influencing other states to act similarly.
President Trump has urged the Texas Legislature to draw new districts ahead of the upcoming midterm elections, aiming to increase Republican seats in Washington by five. Texas currently holds 38 seats in the House, with Republicans occupying 25 and Democrats 12, alongside one vacant due to a Democrat’s passing. Read more.
According to Doug Spencer, Rothgerber Jr. Chair in Constitutional Law at the University of Colorado, “There’s been a lot more efforts by the parties and political actors to push the boundaries – literally and figuratively – to reconfigure what the game is.”
Other states are closely monitoring Texas’ actions to decide if they should adopt a similar approach and possibly follow suit. Find out more.
Understanding Redistricting Timing
Redistricting typically follows each decade’s U.S. Census, determining the allocation of the 435 House seats among states based on population changes, a process known as reapportionment. States with growing populations may gain seats, while others may lose. State-specific procedures are then used to delineate district boundaries, sometimes involving independent commissions or direct legislative action. Legal challenges often arise when districts are drawn, especially if they appear to violate the Voting Rights Act.
Midcycle Redistricting: Is It Possible?
While states usually prepare their district maps by the first midterm elections post-census, these maps are not permanent. Courts may declare political lines unconstitutional, requiring modifications. Midcycle redistricting for political advantage is not nationally prohibited. Spencer notes, “The laws about redistricting just say you have to redistrict after every census.” Some states have laws to prevent or complicate such redistricting efforts.
California’s Governor, Gavin Newsom, has considered countering Texas’ GOP efforts by redrawing favorable Democratic districts, although a constitutional amendment necessitates an independent commission’s involvement.
Texas’ Historical Precedent
Texas has previously engaged in midcycle redistricting. Following an impasse in the Legislature post-2000 census, a federal court intervened. Later, under Republican Tom DeLay’s leadership, the state added five Republican-favorable districts in 2004, despite Democratic opposition.
Judicial Perspective on Gerrymandering
The 2019 Supreme Court decision stated federal courts should not involve themselves in political gerrymandering disputes. Chief Justice John Roberts characterized redistricting as “highly partisan by any measure.” However, courts may still challenge maps if they infringe upon the Voting Rights Act by marginalizing minority votes.
Potential Nationwide Impact
Should Texas advance with new maps, Democratic-led states are expected to reassess their district lines. Washington Rep. Suzan DelBene remarked, “If they go down this path, absolutely folks are going to respond across the country.” This sentiment is echoed by leaders in states like New York and California, although any changes would contend with existing legal frameworks requiring independent commissions.
Republican states like Ohio and Florida are also contemplating early redistricting, with Ohio’s laws mandating map revisions before the 2026 midterms. Florida’s Governor Ron DeSantis expressed interest in exploring the logistics of early redistricting.
