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New U.S. House districts in Florida that could help Republicans win several additional seats are set to face their first test in court Friday against assertions that they violate a state constitutional ban on partisan gerrymandering.
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Lawsuits filed on behalf of voters ask a state judge to block the districts from being used in the midterm elections.
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Attorneys asked a state judge to block the new districts and reinstate the previous districts for use in the midterm elections.
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The judge gave no timetable for when he will rule.
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Republicans hold 20 of Florida’s 28 U.S. House seats.
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New voting districts signed into law by Republican Gov. Ron DeSantis after a two-day special legislative session could improve the GOP’s chances to win four additional seats in the November elections.
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Florida’s Legislature approved the new House map on April 29.
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On April 29, the U.S. Supreme Court weakened federal Voting Rights Act protections for minorities and struck down a majority-Black congressional district in Louisiana.
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Congressional districts are typically redrawn once a decade after each census to rebalance populations.
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The U.S. Supreme Court ruled in 2019 that it has no authority to decide whether partisan gerrymandering goes too far but said such claims could continue to be decided in state courts under their own constitutions and laws.
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Florida voters approved a state constitutional amendment in 2010 that prohibits U.S. House districts from being drawn with the intent to favor or disfavor a political party or incumbent.
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The amendment bars districts from diminishing the ability of racial or language minorities to elect the representatives of their choice.
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The amendment requires districts to be compact and, where feasible, use existing political and geographic boundaries.
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Lawsuits filed on behalf of voters seek a temporary injunction against the new U.S. House map for violating the 2010 amendment.
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"The plan takes the state’s partisan skew to an unprecedented extreme."
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A legal brief filed on behalf of the Florida Senate argues that partisan intent has not been proven and that a temporary injunction against the new districts is not appropriate in advance of a fully developed trial.
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DeSantis called lawmakers into session before the Supreme Court's ruling in the Louisiana case, anticipating an outcome that would weaken Voting Rights Act protections for minority districts.
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Florida's new map reshapes a southeastern Florida district that DeSantis’ office said was created to help elect a Black representative in an attempt to comply with the federal Voting Rights Act.
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DeSantis’ office said no racial data was used to prepare the new map he presented to the Legislature.
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In a memo to lawmakers, DeSantis’ General Counsel David Axelman asserted that Florida's constitutional provision about racial redistricting violates the U.S. Constitution.
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Axelman wrote that if one element of the 2010 amendment is invalid, the entire amendment would be void, including provisions barring partisan gerrymandering.
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Christina Ford is an attorney representing Equal Ground in a lawsuit challenging the new map.
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Chris Shenton is an attorney representing Common Cause Florida and other groups challenging the new map.
Christina Ford, attorney
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"This case is unusual because the map-drawer admitted on the public record that the districts were drawn with partisan data and without the need to comply with the Fair Districts amendments."
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Jason Pereda conceded in state legislative testimony last month that he used political data along with other considerations when drawing the new maps.
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Three lawsuits from advocacy groups argue that Jason Pereda used political data to draw the new districts, making them unconstitutional under Florida law.
Mohammad Jazil, attorney
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"Pereda was up there for hours explaining in painstaking detail how he drew the map."
Mohammad Jazil, attorney
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"Plaintiffs want to ignore all that, focus on one statement that talks about partisan awareness."
Simone Leeper, attorney
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"Any level of improper partisan intent is too much."
Joshua Hawkes, judge
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Judge Joshua Hawkes plans to issue a written order on the request to temporarily block the maps, but did not make a ruling at the conclusion of the hearing.
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Florida lawmakers last month approved new congressional maps drawn by DeSantis’ office as part of a national mid-decade redistricting effort aimed at increasing Republican representation.
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Republicans have emerged with an overall advantage in mid-decade redistricting heading into the 2026 election.
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The new Florida map includes 24 Republican-leaning seats.
Chris Shenton, attorney
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Under the new House map, 82% of voters in districts represented by Republicans remain in the same districts as under the previous map.
Chris Shenton, attorney
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"Just 41% of voters in districts represented by Democrats are kept in their same districts."
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Plaintiffs argued that partisan intent in the new map can be seen in which regions were most affected by the redistricting.
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In Northeast Florida, Republican-held seats stayed largely the same under the new map.
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In the Tampa Bay area, the new map significantly changed the seat held by Rep. Kathy Castor, the only Democrat in the region.
Chris Shenton, attorney
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"The reason the [new map] does that is because its goal is to target Democrats and favor Republicans."
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Attorneys for the state argued that the districts should not be blocked without a full trial where evidence can be presented.
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Because of time concerns, state attorneys said the new map should be used for the midterms even as the legal challenge continues.
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Candidates can start turning in qualifying paperwork on May 25 to run in the 2026 primaries.
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Plaintiffs said that the current maps drawn by DeSantis in 2022 should remain in place for the midterms to avoid logistical hurdles because they have been used for the past two election cycles.
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