If you can't convince voters in an electoral district, change the district. The decision last Wednesday by the New York Court of Appeals to allow Democratic lawmakers to redraw maps ahead of congressional elections confirms that this will be a key battlefield between the Republican and Democratic Parties as they try to gain control of the House of Representatives. At the moment, courts are being filled with complaints and appeals related to electoral maps, with some even reaching the Supreme Court.
🚨BREAKING: In a huge win for Democrats, NY’s top court has ordered a new congressional map. This could put up to six GOP seats in real danger in 2024:#NY01 Nick LaLota#NY03 VACANT (was George Santos)#NY04 Anthony D'Esposito#NY17 Mike Lawler#NY19 Marc Molinaro#NY22 Brandon…
— Jon Cooper (@joncoopertweets) December 12, 2023
Democrats hope to take five seats from the GOP with new maps
The New York court's decision opens the door for Democratic politicians, who control the state legislature, to redraw maps to try to improve their party's candidates' chances in the next election. Republicans took four seats in the 2022 midterms that were key to taking the majority in the House. Democrats took note and are trying to prevent from happening again. In 2024, there are six seats at stake, of which the Democrats need to win at least five to retake the majority again.
The 2022 electoral map was designed by an independent expert, something Democratic politicians called "a short-term solution" imposed by the state Court of Appeals. The ruling was the court's response to a complaint filed by Republicans against the plan presented by their political adversaries after the commission in charge failed to obtain a consensus on a map.
The latest court decision sided with the progressives, who pointed out that the creation of the maps is the responsibility of the Independent Commission created in 2014 for this matter. However, its composition is proportional to the representation of the parties in the legislature, in which the Democrats hold the majority.
Supreme Court ruling in June
This is not the only case. In fact, the Supreme Court ruled in June that legislatures do not hold absolute power in determining electoral maps and that their proposals are subject to court approval. The case, brought by North Carolina, asked the Supreme Court for clarification on whether the Constitution indicated that legislators, as elected representatives, have the exclusive responsibility and duty of establishing the territorial limits to vote. This case generated great attention because it could have represented an absolute change in the national electoral system.
In the ruling, which was carried out with six votes in favor and three against, Chief Justice John G. Roberts pointed out, "when state legislatures prescribe the rules concerning federal elections, they remain subject to the ordinary exercise of state judicial review. ... Thus, when a state legislature carries out its federal constitutional power to prescribe rules regulating federal elections, it acts both as a lawmaking body created and bound by its state constitution, and as the entity assigned particular authority by the Federal Constitution. Both constitutions restrain the state legislature’s exercise of power." However, the Supreme Court clarified that judges cannot abuse their power:
Although we conclude that the Elections Clause does not exempt state legislatures from the ordinary constraints imposed by state law, state courts do not have free rein. ... State courts may not transgress the ordinary bounds of judicial review such that they arrogate to themselves the power vested in state legislatures to regulate federal elections.
Alabama court decides 2024 electoral maps
Shortly before this ruling, the Supreme Court ruled that Alabama legislators illegally diluted the political power of black residents, who traditionally vote Democrat. The lower federal court overseeing the litigation chose a map different than the one presented by politicians in November. The new design will likely allow Democrats to get a second seat.
Georgia GOP changed its map due to a court ruling, but maintained its advantage
Congressmen from Georgia were also forced by court order to modify their proposal. A judge forced the Republican majority to change its design by including one district, the Sixth, with a black majority. Despite complying with the ruling, the conservative alternative once again provoked debate by shifting the majority of ethnic minorities in the Seventh into a majority-white area with a tendency to vote for the GOP.
Florida gives judicial O.K. to DeSantis' design
In Florida, the courts have agreed with Governor Ron DeSantis, who presented a map in 2022 that granted a large majority to Republicans in northern Florida. The Court of Appeals reversed the decision of a lower court that indicated that the provision of the Republican presidential candidate was unconstitutional. However, the case is expected eventually reach the state Supreme Court.
New Mexico Supreme Court sees favorable treatment for Democrats, but not enough to be illegal
The electoral boundaries in New Mexico will also remain the same following a ruling by the state's Supreme Court. Although the high court recognizes that the map proposed by Democrats clearly favors the their party, it declared that it is not serious enough to be illegal.
