It seems that the Florida Legislature agrees with Governor Ron DeSantis’ declaration that he wants to hold a mid-decade redistricting process this year.
In order to have hearings when the Legislature reconvenes this fall for their already planned committee sessions, House Speaker Daniel Perez said on Thursday that he is forming a Select Committee on Congressional Redistricting.
“As many of you know, there are national discussions about midterm redistricting going on in other states,” Perez wrote in a memo to Florida House members.
The recent ruling in Black Voters Matter Capacity Building Institute Inc. v. Secretary, Florida Department of State by our state supreme court in Florida presents significant and unique issues regarding the interpretation and applicability of specific provisions of the Florida Constitution’s so-called Fair Districts provisions and how they relate to federal law.
By examining these issues now, in the middle of the decade, we may be able to consult our Supreme Court for legal advice without the uncertainty that comes with waiting until after the next decennial census and reapportionment.
After the most recent reapportionment in 2022, Republicans now control 20 of the 28 congressional seats in the Florida House of Representatives. Last month, the Florida Supreme Court affirmed DeSantis’ hand-drawn map, which ended up costing Florida four more GOP seats and removing Black representation in North Florida.
Chief Justice Carlos Muñez, who wrote the majority opinion in that case, came to the conclusion that lawmakers had a greater duty to adhere to federal equal protection law rather than the Fair Districts Amendments, which state that districts cannot be created in a way that makes it harder for minorities to elect representatives of their choosing.
In 2010, sixty-three percent of voters passed the Fair Districts Amendments. A legislative redistricting amendment and a congressional redistricting amendment were the two distinct amendments on the ballot. Furthermore, no district or reapportionment plan may be created with the intention of favoring or disadvantageous a political party or incumbent.
Representative Anna Eskamani, a Democrat from Orlando, described the Perez memo as extremely concerning.
In a written statement, she added that redrawing congressional maps outside of the regular post-census cycle jeopardizes equitable representation, goes against the goals of our democratic system, and runs the risk of silencing our varied populations. We will use every resource at our disposal to thwart these attempts, oppose partisan gerrymandering, and defend the values of openness and equity for Florida voters.
Neither DeSantis nor Florida lawmakers were considering redistricting the state’s congressional seats during this year’s legislative session, or even as late as the governor’s signing of the budget at the end of June.
However, that all changed last month when Texas Governor Greg Abbott was urged by President Donald Trump, who was worried that Republicans might lose control of the House of Representatives following next year’s midterm elections, to add new GOP seats in his state through a rare mid-decade redistricting. Abbott initially opposed the idea, according to the Texas Tribune.
But as soon as Abbott committed to doing so, the wheels started turning in other states to do the same.
DeSantis first brought up the concept in public on July 22 when he stated at a news conference in Bradenton that he thought the state was unfairly allocated.
Therefore, he asked out loud, “I do believe it would be appropriate to do a redistricting in the mid-decade.” We’re now figuring out what that would entail, but I can tell you that, over the course of four to five years, the population has changed in various sections of the state. It has been quite important.
The following week, DeSantis stated that President Trump has called for the U.S. Department of Commerce to explore conducting a fresh census count in the middle of the decade.
In a statement posted on Truth Social, Trump said, “I have directed our Department of Commerce to start working right away on a new and extremely accurate CENSUS based on current facts and figures and, most importantly, using the results and information gained from the Presidential Election of 2024.” Those who are not authorized to be in our country will not be included in the census. The president went on to say, “Thank you for your attention to this matter.”
According to Genesis Robinson, executive director of Equal Ground, a voting organization led by Black people, no administration should use the U.S. Census as a political instrument to further its own agenda.
He went on to say that it is dishonorable for conservative states like Florida and Texas to wait to take advantage of this illegal directive from their totalitarian leader in order to destroy our democracy.
There is a type of arms race going on with the mid-decade redistricting plans around the nation as governors in blue states like California and New York have stated that they may call for their own redistricting to stay up with Republicans.
Perez stated in his memo that any Florida House member who has indicated an interest in running for Congress will not be appointed to the select committee.
He went on to say that although people are free to voice their views, they will not be taken into consideration if they make remarks regarding redistricting that imply an intention to support or oppose an incumbent or political party, which is currently illegal under the Florida Constitution.
The deadline for Florida House members to email Perez to express interest in joining the select committee is next Friday, August 15. The Florida Senate has not announced that a comparable panel will be meeting there.
Florida’s Mitch Perry The Phoenix
