What states allow mid-decade redistricting? (user search)
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  What states allow mid-decade redistricting? (search mode)
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Author Topic: What states allow mid-decade redistricting?  (Read 1286 times)
Nyvin
Junior Chimp
*****
Posts: 7,648
United States


« on: September 16, 2022, 11:38:38 PM »
« edited: September 16, 2022, 11:58:09 PM by Nyvin »

In Pennsylvania redoing the legislative lines without court order is prohibited but surprisingly there's nothing similar for the congressional lines.

Same thing goes for New Hampshire actually.

I guess this is a normal thing actually according to redistricting.lls.edu;  Pennsylvania, New Hampshire, North Carolina, Texas, and Wisconsin all have the same policy - State Legislative mid-decade redistricting isn't allowed (without court order), Congressional mid-decade redistricting is allowed.

It would seem Minnesota does actually ban both the redrawing of Legislative and Congressional lines mid-decade, but it seems this isn't all that clear and probably has never been attempted-

Quote
Minnesota ties the drawing of congressional and state legislative lines to the Census, and might therefore be construed to prohibit redrawing lines mid-decade. [Minn. Const. art. IV, § 3]
https://redistricting.lls.edu/state/minnesota/?cycle=2020&level=Congress&startdate=2022-02-15

Those are probably all the non-commission states besides the ones listed in the OP that could flip this decade to a new trifecta.
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Nyvin
Junior Chimp
*****
Posts: 7,648
United States


« Reply #1 on: September 23, 2022, 11:23:34 AM »
« Edited: September 23, 2022, 11:58:51 AM by Nyvin »

In Pennsylvania redoing the legislative lines without court order is prohibited but surprisingly there's nothing similar for the congressional lines.

Same thing goes for New Hampshire actually.

I guess this is a normal thing actually according to redistricting.lls.edu;  Pennsylvania, New Hampshire, North Carolina, Texas, and Wisconsin all have the same policy - State Legislative mid-decade redistricting isn't allowed (without court order), Congressional mid-decade redistricting is allowed.

It would seem Minnesota does actually ban both the redrawing of Legislative and Congressional lines mid-decade, but it seems this isn't all that clear and probably has never been attempted-

Quote
Minnesota ties the drawing of congressional and state legislative lines to the Census, and might therefore be construed to prohibit redrawing lines mid-decade. [Minn. Const. art. IV, § 3]
https://redistricting.lls.edu/state/minnesota/?cycle=2020&level=Congress&startdate=2022-02-15

Those are probably all the non-commission states besides the ones listed in the OP that could flip this decade to a new trifecta.
Quote
Sec. 3. Census enumeration apportionment; congressional and legislative district boundaries; senate districts.At its first session after each enumeration of the inhabitants of this state made by the authority of the United States, the legislature shall have the power to prescribe the bounds of congressional and legislative districts.

This basically says the legislature have the power to redistrict after the census, but did not say it can only do it then. Just like the SC ruling that states can redistrict whenever they want but has to do it once every ten years.

That section could be interpreted a lot differently than what you're posting, it's saying that after the census the legislature will be "granted" the power to draw the maps, and once they do the power is gone until the next census.  It doesn't imply anywhere that they have that power all the time whenever they want.

If it was "anytime they want" like you're saying, it would be worded much differently,  not in a "shall have" way rather in a way that says "the legislature will have" first and then state that it's mandated after the census after.

Also if it was meant to give the power anytime they want, what's the point of the comma after United States?  Why not just state "The legislature shall have the power to prescribe the bounds of congressional and legislative districts." as a full and complete sentence?   Why affix the earlier part if there is no restrictions?
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