Redistricting in Kentucky after the 2020 census

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General information
State-by-state redistricting procedures • Majority-minority districts • Gerrymandering
The 2020 cycle
United States census, 2020 • Congressional apportionment • Redistricting committees • Deadlines • 2022 House elections with multiple incumbents • New U.S.House districts created after apportionment • Congressional maps • State legislative maps • Lawsuits • Status of redistricting after the 2020 census
Redrawn maps
Redistricting before 2024 elections • Redistricting before 2026 elections
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Redistricting is the process of enacting new district boundaries for elected offices, particularly for offices in the U.S. House of Representatives and state legislatures.This article chronicles the 2020 redistricting cycle in Kentucky.

Kentucky adopted new congressional district boundaries on January 20, 2022, after the general assembly overrode Gov. Andy Beshear’s (D) veto of legislation establishing the state’ new congressional map. Beshear vetoed Senate Bill 3 —the congressional redistricting legislation —on January 19, 2022. The vote to override the governor’s veto was 26-8 in the state Senate with 23 Republicans and three Democrats in favor and five Democrats and three Republicans opposed. The override vote was 64-24 in the state House, with all votes in favor by Republicans and 21 Democrats and three Republicans voting to sustain Beshear’s veto.

Kentucky adopted new state House district boundaries on January 20, 2022, after the general assembly overrode Gov. Andy Beshear’s (D) veto of the plan. The vote to override the governor’s veto was 24-10 in the state Senate with all votes in favor by Republicans and eight Democrats and two Republicans voting against. The override vote was 69-23 in the state House, with all votes in favor by Republicans and 22 Democrats and one Republican voting to sustain Beshear’s veto. Gov. Beshear allowed the redistricting proposal for new state Senate districts to become law without his signature on January 21, 2022. That legislation had passed the state Senate on January 6, 2022, 28-4, and the state House on January 8, 2022, 67-23.

Click here for more information.

Kentucky's six United States representatives and 138 state legislators are all elected from political divisions called districts. District lines are redrawn every 10 years following completion of the United States census. Federal law stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity.

See the sections below for further information on the following topics:

1. Summary: This section provides summary information about the drafting and enacting processes.
2. Apportionment and release of census data: This section details the 2020 apportionment process, including data from the United States Census Bureau.
3. Drafting process: This section details the drafting process for new congressional and state legislative district maps.
4. Enactment: This section provides information about the enacted congressional and state legislative district maps.
5. Court challenges: This section details court challenges to the enacted congressional and state legislative district maps.
6. Background: This section summarizes federal and state-based requirements for redistricting at both the congressional and state legislative levels. A summary of the 2010 redistricting cycle in Kentucky is also provided.

Summary

This section lists major events in the post-2020 census redistricting cycle in reverse chronological order. Major events include the release of apportionment data, the release of census population data, the introduction of formal map proposals, the enactment of new maps, and noteworthy court challenges. Click the dates below for additional information.

• Jan. 21, 2022: Gov. Andy Beshear (D) allowed Kentucky's state Senate district maps to become law without his signature.
• Jan. 20, 2022: The Kentucky General Assembly overrode Gov. Andy Beshear's (D) veto of congressional and state House district maps.
• Jan. 19, 2022: Gov. Andy Beshear (D) vetoed Kentucky's congressional and state House district maps.
• Jan. 8, 2022: The Kentucky State Senate and House voted in favor of new congressional, state legislative, and supreme court district maps, sending them to Gov. Andy Beshear (D).
• Sept. 16, 2021: The U.S. Census Bureau released data from the 2020 census in an easier-to-use format to state redistricting authorities and the public.
• Aug. 12, 2021: The U.S. Census Bureau delivered redistricting data to states in a legacy format.
• April 26, 2021: The U.S. Census Bureau delivered apportionment counts.

Enactment

Enacted congressional district maps

See also: Congressional district maps implemented after the 2020 census

Kentucky adopted new congressional district boundaries on January 20, 2022, after the general assembly overrode Gov. Andy Beshear’s (D) veto of legislation establishing the state’ new congressional map. Beshear vetoed Senate Bill 3 —the congressional redistricting legislation —on January 19, 2022. The vote to override the governor’s veto was 26-8 in the state Senate with 23 Republicans and three Democrats in favor and five Democrats and three Republicans opposed. The override vote was 64-24 in the state House, with all votes in favor by Republicans and 21 Democrats and three Republicans voting to sustain Beshear’s veto.

Senate Bill 3 was introduced in the Kentucky State Senate on January 4, 2022. The Senate voted 28-4 in favor of the map on January 6 followed by the House voting 65-25 in favor on January 8.

Greg Giroux of Bloomberg Government wrote that the "congressional map [is] designed to preserve a 5–1 Republican advantage in Kentucky’s U.S. House delegation." Giroux added, "The map most notably boosts Rep. Andy Barr (R), whose central 6th District in and around Lexington will become more Republican-friendly in part by transferring the state capital of Frankfort to the western 1st District of Rep. James Comer (R)."

Below are the congressional maps in effect before and after the 2020 redistricting cycle.

Kentucky Congressional Districts
until January 2, 2023

Click a district to compare boundaries.

Kentucky Congressional Districts
starting January 3, 2023

Click a district to compare boundaries.

Reactions

In his veto statement, Gov. Beshear wrote, “I am vetoing Senate Bill 3 because it was drafted without public input and reflects unconstitutional political gerrymandering…Plainly, this map is not designed to provide fair representation to the people of Kentucky and was not necessary because of population changes.” After Beshear’s veto, Kentucky House Speaker David Osborne (R) issued a statement that said, in part, “We are disappointed that the Governor has chosen to again veto lawfully enacted legislation. He is wrong on the facts, wrong on the law, and he knows it. This proposal meets all legal considerations. We will use our legislative authority to override this veto.”

2020 presidential results

The table below details the results of the 2020 presidential election in each district at the time of the 2022 election and its political predecessor district. This data was compiled by Daily Kos Elections.

2020 presidential results by Congressional district, Kentucky
District	2022 district		Political predecessor district
	Joe Biden	Donald Trump	Joe Biden	Donald Trump
Kentucky's 1st	27.9%	70.6%	25.5%	73.1%
Kentucky's 2nd	30.8%	67.5%	30.6%	67.6%
Kentucky's 3rd	60.2%	37.9%	60.0%	38.1%
Kentucky's 4th	32.8%	65.4%	33.4%	64.7%
Kentucky's 5th	19.7%	79.1%	18.6%	80.1%
Kentucky's 6th	43.5%	54.5%	44.5%	53.6%

Enacted state legislative district maps

See also: State legislative district maps implemented after the 2020 census

Kentucky adopted new state House district boundaries on January 20, 2022, after the general assembly overrode Gov. Andy Beshear’s (D) veto of the plan. The vote to override the governor’s veto was 24-10 in the state Senate with all votes in favor by Republicans and eight Democrats and two Republicans voting against. The override vote was 69-23 in the state House, with all votes in favor by Republicans and 22 Democrats and one Republican voting to sustain Beshear’s veto. Gov. Beshear allowed the redistricting proposal for new state Senate districts to become law without his signature on January 21, 2022. That legislation had passed the state Senate on January 6, 2022, 28-4, and the state House on January 8, 2022, 67-23.

Ryland Barton of National Public Radio affiliate WFPL wrote that, "The House map further divides several urban areas in the state and connects them with rural districts in surrounding areas." Steve Rogers of WTVQ wrote that, "During debate on the legislative districts, especially the 100 House districts, Democrats objected that the GOP-drawn map unfairly split urban areas to the benefit of Republicans. The bill recasting the Senate’s 38 districts easily cleared the Senate, with a handful of lawmakers objecting."

State Senate map

Below is the state Senate map in effect before and after the 2020 redistricting cycle.

Kentucky State Senate Districts
until December 31, 2022

Click a district to compare boundaries.

Kentucky State Senate Districts
starting January 1, 2023

Click a district to compare boundaries.

State House map

Below is the state House map in effect before and after the 2020 redistricting cycle.

Kentucky State House Districts
until December 31, 2022

Click a district to compare boundaries.

Kentucky State House Districts
starting January 1, 2023

Click a district to compare boundaries.

Reactions

In his veto statement, Gov. Beshear said he felt the redistricting plan excessively split counties for partisan reasons, He also said, “Moreover, according to the demographic data the House released after it passed this bill, this plan appears to dilute the voices of certain minority communities.” After the House voted to override the governor's veto, state Representative Jerry Miller (R) said, “This is constitutional, it fully meets the voting [rights act]. And I think he was foolish to veto it.” Rep. Jason Nemes (R) said, "These maps are constitutional. If I were to draw them, if you were to draw them, perhaps they’d be drawn a little differently. But they are constitutional.”

Drafting process

In Kentucky, both congressional and state legislative district boundaries are drawn by the state legislature. District maps may be vetoed by the governor.

Guidelines adopted in 1991 stipulate that congressional districts should be contiguous. In addition, county lines and communities of interest should be maintained if possible. These guidelines may be amended by the legislature at its discretion.

The Kentucky Constitution requires that state legislative districts "be contiguous ... and preserve whole counties where possible."

Timeline

According to Joe Sonka of the Louisville Courier Journal, the "Kentucky General Assembly kicked off the first day of its 2022 legislative session Tuesday [January 4, 2022], with Republicans in both chambers filing redistricting bills that are expected to speed to final passage by Saturday [January 8, 2022]."

Sonka continued, "The redistricting bills are expected to speed to final passage on Saturday [January 8, 2022] and head to the governor's desk for his signature, though the deadline for candidates to file for office is Friday [January 7, 2022]. [Senate President Robert] Stivers said he expects both the House and Senate to pass identical bills this week to push back the filing deadline a few weeks, saying he expects both chambers to waive the required three readings of bills to pass both in one day. A Senate committee will take up the two redistricting bills Wednesday [January 5, 2022] morning, while a House committee at noon will take up the House redistricting bill, one that pushes the filing deadline back to Jan. 25 and another that redistricts the Kentucky Supreme Court.

Committees and/or commissions involved in the process

Senate State and Local Government Committee members, 2020 cycle
Name	Partisan affiliation
State Sen. Robby Mills, Chair	Republican
State Sen. Michael J. Nemes Vice Chair	Republican
State Sen. Ralph Alvarado	Republican
State Sen. Denise Harper Angel	Democratic
State Sen. Christian McDaniel	Republican
State Sen. Morgan McGarvey	Democratic
State Sen. Wil Schroder	Republican
State Sen. Adrienne Southworth	Republican
State Sen. Brandon J. Storm	Republican
State Sen. Damon Thayer	Republican
State Sen. Phillip Wheeler	Republican

Kentucky House Elections, Const. Amendments & Intergovernmental Affairs Committee members, 2020 cycle
Name	Partisan affiliation
State Rep. Kevin Bratcher, Chair	Republican
State Rep. Scott Lewis Vice Chair	Republican
State Rep. John Blanton	Republican
State Rep. McKenzie Cantrell	Democratic
State Rep. Joseph M. Fischer	Republican
State Rep. Jim Gooch Jr.	Republican
State Rep. Samara Heavrin	Republican
State Rep. Keturah Herron	Democratic
State Rep. Mary Beth Imes	Republican
State Rep. Matthew Koch	Republican
State Rep. Derek Lewis	Republican
State Rep. Jerry T. Miller	Republican
State Rep. Kimberly Poore Moser	Republican
State Rep. Jason Nemes	Republican
State Rep. Attica Scott	Democratic
State Rep. Russell Webber	Republican
State Rep. Buddy Wheatley	Democratic

Drafts and proposals

Congressional district maps

A proposal for the state's congressional districts, Senate Bill 3, was introduced in the Kentucky State Senate on January 4, 2022. The Senate voted 28-4 in favor of the map on January 6 followed by the House voting 65-25 in favor on January 8. An image of that map can be found here and more information about the proposal here.

Gov. Andy Beshear (D) vetoed the state's congressional district plan—Senate Bill 3—on January 19, 2022. In the veto message he released when announcing his decision, Beshear wrote, "I am vetoing Senate Bill 3 because it was drafted without public input and reflects unconstitutional political gerrymandering."

Legislative district maps

A proposal for the state's Senate districts, Senate Bill 2, was introduced in the Kentucky State Senate on January 4, 2022. The Senate voted 28-4 in favor of the map on January 6 followed by the House voting 67-23 in favor on January 8. An image of that map can be found here and more information about the proposal here.

A proposal for the state's House districts, House Bill 2, was introduced in the Kentucky House of Representatives on January 4, 2022. The House voted 71-19 in favor of the map on January 6 followed by the Senate voting 23-10 in favor on January 8. An image of that map can be found here and more information about the proposal here.

Supreme court district maps

A proposal for the state's supreme court districts, House Bill 179, was introduced in the Kentucky House of Representatives on January 4, 2022. The House voted 81-2 in favor of the map on January 6 followed by the Senate voting 33-1 in favor on January 8. An image of that map can be found here and more information about the proposal here.

Apportionment and release of census data

Apportionment is the process by which representation in a legislative body is distributed among its constituents. The number of seats in the United States House of Representatives is fixed at 435. The United States Constitution dictates that districts be redrawn every 10 years to ensure equal populations between districts. Every ten years, upon completion of the United States census, reapportionment occurs.

Apportionment following the 2020 census

The U.S. Census Bureau delivered apportionment counts on April 26, 2021. Kentucky was apportioned six seats in the U.S. House of Representatives. This represented neither a gain nor a loss of seats as compared to apportionment after the 2010 census.

See the table below for additional details.

2020 and 2010 census information for Kentucky
State	2010 census		2020 census		2010-2020
	Population	U.S. House seats	Population	U.S. House seats	Raw change in population	Percentage change in population	Change in U.S. House seats
Kentucky	4,350,606	6	4,509,342	6	158,736	3.65%	0

Redistricting data from the Census Bureau

On February 12, 2021, the Census Bureau announced that it would deliver redistricting data to the states by September 30, 2021. On March 15, 2021, the Census Bureau released a statement indicating it would make redistricting data available to the states in a legacy format in mid-to-late August 2021. A legacy format presents the data in raw form, without data tables and other access tools. On May 25, 2021, Ohio Attorney General Dave Yost (R) announced that the state had reached a settlement agreement with the Census Bureau in its lawsuit over the Census Bureau's timetable for delivering redistricting data. Under the terms of the settlement, the Census Bureau agreed to deliver redistricting data, in a legacy format, by August 16, 2021. The Census Bureau released the 2020 redistricting data in a legacy format on August 12, 2021, and in an easier-to-use format at data.census.gov on September 16, 2021.

Court challenges

If you are aware of any relevant lawsuits that are not listed here, please email us at editor@ballotpedia.org.

Post-enactment lawsuits

This section provides overviews of lawsuits challenging redistricting maps that were filed after Kentucky enacted maps for the 2020 redistricting cycle.

Graham v. Adams

On January 20, 2022, five voters and the Kentucky Democratic Party filed a lawsuit against Secretary of State Michael Adams (R) and the Kentucky State Board of Elections. Plaintiffs filed their lawsuit in Franklin County Circuit Court challenging the state's congressional and Kentucky House of Representatives redistricting plans enacted on January 20, 2022, when the Kentucky General Assembly overrode Gov. Andy Beshear’s (D) veto of both maps. Plaintiffs allege that the maps are extreme partisan gerrymanders and excessively and unnecessarily split counties into multiple districts without a legitimate purpose. As relief, plaintiffs asked the court to declare the maps unconstitutional, enjoin the state from conducting elections with them, and require the state to use current maps or newly developed maps that comply with the state law for the 2022 elections.

Background

This section includes background information on federal requirements for congressional redistricting, state legislative redistricting, state-based requirements, redistricting methods used in the 50 states, gerrymandering, and recent court decisions.

Federal requirements for congressional redistricting

According to Article I, Section 4 of the United States Constitution, the states and their legislatures have primary authority in determining the "times, places, and manner" of congressional elections. Congress may also pass laws regulating congressional elections.

“	The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.	”
—United States Constitution

Article I, Section 2 of the United States Constitution stipulates that congressional representatives be apportioned to the states on the basis of population. There are 435 seats in the United States House of Representatives. Each state is allotted a portion of these seats based on the size of its population relative to the other states. Consequently, a state may gain seats in the House if its population grows or lose seats if its population decreases, relative to populations in other states. In 1964, the United States Supreme Court ruled in Wesberry v. Sanders that the populations of House districts must be equal "as nearly as practicable."

The equal population requirement for congressional districts is strict. According to All About Redistricting, "Any district with more or fewer people than the average (also known as the 'ideal' population), must be specifically justified by a consistent state policy. And even consistent policies that cause a 1 percent spread from largest to smallest district will likely be unconstitutional."

Federal requirements for state legislative redistricting

The United States Constitution is silent on the issue of state legislative redistricting. In the mid-1960s, the United States Supreme Court issued a series of rulings in an effort to clarify standards for state legislative redistricting. In Reynolds v. Sims, the court ruled that "the Equal Protection Clause [of the United States Constitution] demands no less than substantially equal state legislative representation for all citizens, of all places as well as of all races." According to All About Redistricting, "it has become accepted that a [redistricting] plan will be constitutionally suspect if the largest and smallest districts [within a state or jurisdiction] are more than 10 percent apart."

State-based requirements

In addition to the federal criteria noted above, individual states may impose additional requirements on redistricting. Common state-level redistricting criteria are listed below.

1. Contiguity refers to the principle that all areas within a district should be physically adjacent. A total of 49 states require that districts of at least one state legislative chamber be contiguous (Nevada has no such requirement, imposing no requirements on redistricting beyond those enforced at the federal level). A total of 23 states require that congressional districts meet contiguity requirements.
2. Compactness refers to the general principle that the constituents within a district should live as near to one another as practicable. A total of 37 states impose compactness requirements on state legislative districts; 18 states impose similar requirements for congressional districts.
3. A community of interest is defined by FairVote as a "group of people in a geographical area, such as a specific region or neighborhood, who have common political, social or economic interests." A total of 24 states require that the maintenance of communities of interest be considered in the drawing of state legislative districts. A total of 13 states impose similar requirements for congressional districts.
4. A total of 42 states require that state legislative district lines be drawn to account for political boundaries (e.g., the limits of counties, cities, and towns). A total of 19 states require that similar considerations be made in the drawing of congressional districts.

Methods

In general, a state's redistricting authority can be classified as one of the following:

1. Legislature-dominant: In a legislature-dominant state, the legislature retains the ultimate authority to draft and enact district maps. Maps enacted by the legislature may or may not be subject to gubernatorial veto. Advisory commissions may also be involved in the redistricting process, although the legislature is not bound to adopt an advisory commission's recommendations.
2. Commission: In a commission state, an extra-legislative commission retains the ultimate authority to draft and enact district maps. A non-politician commission is one whose members cannot hold elective office. A politician commission is one whose members can hold elective office.
3. Hybrid: In a hybrid state, the legislature shares redistricting authority with a commission.

Gerrymandering

In 1812, Massachusetts Governor Elbridge Gerry signed into law a state Senate district map that, according to the Encyclopædia Britannica, "consolidated the Federalist Party vote in a few districts and thus gave disproportionate representation to Democratic-Republicans." The word gerrymander was coined by The Boston Gazette to describe the district.

See also: Gerrymandering

The term gerrymandering refers to the practice of drawing electoral district lines to favor one political party, individual, or constituency over another. When used in a rhetorical manner by opponents of a particular district map, the term has a negative connotation but does not necessarily address the legality of a challenged map. The term can also be used in legal documents; in this context, the term describes redistricting practices that violate federal or state laws.

For additional background information about gerrymandering, click "[Show more]" below.

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The phrase racial gerrymandering refers to the practice of drawing electoral district lines to dilute the voting power of racial minority groups. Federal law prohibits racial gerrymandering and establishes that, to combat this practice and to ensure compliance with the Voting Rights Act, states and jurisdictions can create majority-minority electoral districts. A majority-minority district is one in which a racial group or groups comprise a majority of the district's populations. Racial gerrymandering and majority-minority districts are discussed in greater detail in this article.

The phrase partisan gerrymandering refers to the practice of drawing electoral district maps with the intention of favoring one political party over another. In contrast with racial gerrymandering, on which the Supreme Court of the United States has issued rulings in the past affirming that such practices violate federal law, the high court had not, as of November 2017, issued a ruling establishing clear precedent on the question of partisan gerrymandering. Although the court has granted in past cases that partisan gerrymandering can violate the United States Constitution, it has never adopted a standard for identifying or measuring partisan gerrymanders. Partisan gerrymandering is described in greater detail in this article.

Recent court decisions

See also: Redistricting cases heard by the Supreme Court of the United States

The Supreme Court of the United States has, in recent years, issued several decisions dealing with redistricting policy, including rulings relating to the consideration of race in drawing district maps, the use of total population tallies in apportionment, and the constitutionality of redistricting commissions. The rulings in these cases, which originated in a variety of states, impact redistricting processes across the nation.

For additional background information about these cases, click "[Show more]" below.

Show more

Alexander v. South Carolina State Conference of the NAACP (2024)

See also: Alexander v. South Carolina State Conference of the NAACP

Alexander v. South Carolina State Conference of the NAACP — This case concerns a challenge to the congressional redistricting plan that the South Carolina legislature enacted after the 2020 census. In January 2023, a federal three-judge panel ruled that the state's 1st Congressional District was unconstitutional and enjoined the state from conducting future elections using its district boundaries. The panel's opinion said, "The Court finds that race was the predominant factor motivating the General Assembly’s adoption of Congressional District No. 1...Defendants have made no showing that they had a compelling state interest in the use of race in the design of Congressional District No. 1 and thus cannot survive a strict scrutiny review." Thomas Alexander (R)—in his capacity as South Carolina State Senate president—appealed the federal court's ruling, arguing: :In striking down an isolated portion of South Carolina Congressional District 1 as a racial gerrymander, the panel never even mentioned the presumption of the General Assembly’s “good faith.”...The result is a thinly reasoned order that presumes bad faith, erroneously equates the purported racial effect of a single line in Charleston County with racial predominance across District 1, and is riddled with “legal mistake[s]” that improperly relieved Plaintiffs of their “demanding” burden to prove that race was the “predominant consideration” in District 1. The U.S. Supreme Court scheduled oral argument on this case for October 11, 2023.

Moore v. Harper (2023)

See also: Moore v. Harper

At issue in Moore v. Harper, was whether state legislatures alone are empowered by the Constitution to regulate federal elections without oversight from state courts, which is known as the independent state legislature doctrine. On November 4, 2021, the North Carolina General Assembly adopted a new congressional voting map based on 2020 Census data. The legislature, at that time, was controlled by the Republican Party. In the case Harper v. Hall (2022), a group of Democratic Party-affiliated voters and nonprofit organizations challenged the map in state court, alleging that the new map was a partisan gerrymander that violated the state constitution. On February 14, 2022, the North Carolina Supreme Court ruled that the state could not use the map in the 2022 elections and remanded the case to the trial court for further proceedings. The trial court adopted a new congressional map drawn by three court-appointed experts. The United States Supreme Court affirmed the North Carolina Supreme Court's original decision in Moore v. Harper that the state's congressional district map violated state law. In a 6-3 decision, Chief Justice John Roberts wrote that the "Elections Clause does not vest exclusive and independent authority in state legislatures to set the rules regarding federal elections.

Merrill v. Milligan (2023)

See also: Merrill v. Milligan

At issue in Merrill v. Milligan, was the constitutionality of Alabama's 2021 redistricting plan and whether it violated Section 2 of the Voting Rights Act. A group of Alabama voters and organizations sued Secretary of State John Merrill (R) and the House and Senate redistricting chairmen, Rep. Chris Pringle (R) and Sen. Jim McClendon (R). Plaintiffs alleged the congressional map enacted on Nov. 4, 2021, by Gov. Kay Ivey (R) unfairly distributed Black voters. The plaintiffs asked the lower court to invalidate the enacted congressional map and order a new map with instructions to include a second majority-Black district. The court ruled 5-4, affirming the lower court opinion that the plaintiffs showed a reasonable likelihood of success concerning their claim that Alabama's redistricting map violated Section 2 of the Voting Rights Act.

Gill v. Whitford (2018)

See also: Gill v. Whitford

In Gill v. Whitford, decided on June 18, 2018, the Supreme Court of the United States ruled that the plaintiffs—12 Wisconsin Democrats who alleged that Wisconsin's state legislative district plan had been subject to an unconstitutional gerrymander in violation of the First and Fourteenth Amendments—had failed to demonstrate standing under Article III of the United States Constitution to bring a complaint. The court's opinion, penned by Chief Justice John Roberts, did not address the broader question of whether partisan gerrymandering claims are justiciable and remanded the case to the district court for further proceedings. Roberts was joined in the majority opinion by Associate Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor, and Elena Kagan. Kagan penned a concurring opinion joined by Ginsburg, Breyer, and Sotomayor. Associate Justice Clarence Thomas penned an opinion that concurred in part with the majority opinion and in the judgment, joined by Associate Justice Neil Gorsuch.

Cooper v. Harris (2017)

See also: Cooper v. Harris

In Cooper v. Harris, decided on May 22, 2017, the Supreme Court of the United States affirmed the judgment of the United States District Court for the Middle District of North Carolina, finding that two of North Carolina's congressional districts, the boundaries of which had been set following the 2010 United States Census, had been subject to an illegal racial gerrymander in violation of Section 2 of the Voting Rights Act. Justice Elena Kagan delivered the court's majority opinion, which was joined by Justices Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor (Thomas also filed a separate concurring opinion). In the court's majority opinion, Kagan described the two-part analysis utilized by the high court when plaintiffs allege racial gerrymandering as follows: "First, the plaintiff must prove that 'race was the predominant factor motivating the legislature's decision to place a significant number of voters within or without a particular district.' ... Second, if racial considerations predominated over others, the design of the district must withstand strict scrutiny. The burden shifts to the State to prove that its race-based sorting of voters serves a 'compelling interest' and is 'narrowly tailored' to that end." In regard to the first part of the aforementioned analysis, Kagan went on to note that "a plaintiff succeeds at this stage even if the evidence reveals that a legislature elevated race to the predominant criterion in order to advance other goals, including political ones." Justice Samuel Alito delivered an opinion that concurred in part and dissented in part with the majority opinion. This opinion was joined by Chief Justice John Roberts and Justice Anthony Kennedy.

Evenwel v. Abbott (2016)

See also: Evenwel v. Abbott

Evenwel v. Abbott was a case decided by the Supreme Court of the United States in 2016. At issue was the constitutionality of state legislative districts in Texas. The plaintiffs, Sue Evenwel and Edward Pfenninger, argued that district populations ought to take into account only the number of registered or eligible voters residing within those districts as opposed to total population counts, which are generally used for redistricting purposes. Total population tallies include non-voting residents, such as immigrants residing in the country without legal permission, prisoners, and children. The plaintiffs alleged that this tabulation method dilutes the voting power of citizens residing in districts that are home to smaller concentrations of non-voting residents. The court ruled 8-0 on April 4, 2016, that a state or locality can use total population counts for redistricting purposes. The majority opinion was penned by Justice Ruth Bader Ginsburg.

Harris v. Arizona Independent Redistricting Commission (2016)

Justice Stephen Breyer penned the majority opinion in Harris v. Arizona Independent Redistricting Commission.

See also: Harris v. Arizona Independent Redistricting Commission

Harris v. Arizona Independent Redistricting Commission was a case decided by the Supreme Court of the United States in 2016. At issue was the constitutionality of state legislative districts that were created by the commission in 2012. The plaintiffs, a group of Republican voters, alleged that "the commission diluted or inflated the votes of almost two million Arizona citizens when the commission intentionally and systematically overpopulated 16 Republican districts while under-populating 11 Democrat districts." This, the plaintiffs argued, constituted a partisan gerrymander. The plaintiffs claimed that the commission placed a disproportionately large number of non-minority voters in districts dominated by Republicans; meanwhile, the commission allegedly placed many minority voters in smaller districts that tended to vote Democratic. As a result, the plaintiffs argued, more voters overall were placed in districts favoring Republicans than in those favoring Democrats, thereby diluting the votes of citizens in the Republican-dominated districts. The defendants countered that the population deviations resulted from legally defensible efforts to comply with the Voting Rights Act and obtain approval from the United States Department of Justice. At the time of redistricting, certain states were required to obtain preclearance from the U.S. Department of Justice before adopting redistricting plans or making other changes to their election laws—a requirement struck down by the United States Supreme Court in Shelby County v. Holder (2013). On April 20, 2016, the court ruled unanimously that the plaintiffs had failed to prove that a partisan gerrymander had taken place. Instead, the court found that the commission had acted in good faith to comply with the Voting Rights Act. The court's majority opinion was penned by Justice Stephen Breyer.

Arizona State Legislature v. Arizona Independent Redistricting Commission (2015)

See also: Arizona State Legislature v. Arizona Independent Redistricting Commission

Arizona State Legislature v. Arizona Independent Redistricting Commission was a case decided by the Supreme Court of the United States in 2015. At issue was the constitutionality of the Arizona Independent Redistricting Commission, which was established by state constitutional amendment in 2000. According to Article I, Section 4 of the United States Constitution, "the Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof." The state legislature argued that the use of the word "legislature" in this context is literal; therefore, only a state legislature may draw congressional district lines. Meanwhile, the commission contended that the word "legislature" ought to be interpreted to mean "the legislative powers of the state," including voter initiatives and referenda. On June 29, 2015, the court ruled 5-4 in favor of the Arizona Independent Redistricting Commission, finding that "redistricting is a legislative function, to be performed in accordance with the state's prescriptions for lawmaking, which may include the referendum and the governor's veto." The majority opinion was penned by Justice Ruth Bader Ginsburg and joined by Justices Anthony Kennedy, Stephen Breyer, Elena Kagan, and Sonia Sotomayor. Chief Justice John Roberts and Justices Clarence Thomas, Antonin Scalia, and Samuel Alito dissented.

Trifectas and redistricting

In 34 of the states that conducted legislative elections in 2020, the legislatures themselves played a significant part in the subsequent redistricting process. The winner of eight of 2020's gubernatorial elections had veto authority over state legislative or congressional district plans approved by legislatures. The party that won trifecta control of a state in which redistricting authority rests with the legislature directed the process that produces the maps that will be used for the remainder of the decade. Trifecta shifts in the 2010 election cycle illustrate this point. In 2010, 12 states in which legislatures had authority over redistricting saw shifts in trifecta status. Prior to the 2010 elections, seven of these states were Democratic trifectas; the rest were divided governments. After the 2010 elections, seven of these states became Republican trifectas; the remainder either remained or became divided governments. The table below details these shifts and charts trifecta status heading into the 2020 election cycle.

The 12 legislature-redistricting states that saw trifecta shifts in 2010 – subsequent trifecta status

State	Primary redistricting authority	Pre-2010 trifecta status	Post-2010 trifecta status	Post-2018 trifecta status
Alabama	Legislature	Divided	Republican	Republican
Colorado	Congressional maps: legislature State legislative maps: politician commission	Democratic	Divided	Democratic
Indiana	Legislature	Divided	Republican	Republican
Iowa	Legislature	Democratic	Divided	Republican
Maine	Legislature	Democratic	Republican	Democratic
Michigan	Legislature	Divided	Republican	Divided
New Hampshire	Legislature	Democratic	Divided	Divided
North Carolina	Legislature	Democratic	Divided	Divided
Ohio	Congressional maps: legislature State legislative maps: politician commission	Divided	Republican	Republican
Oregon	Legislature	Democratic	Divided	Democratic
Pennsylvania	Congressional maps: legislature State legislative maps: politician commission	Divided	Republican	Divided
Wisconsin	Legislature	Democratic	Republican	Divided

2010 redistricting cycle

Redistricting in Kentucky after the 2010 census

Congressional redistricting

At the time of the 2010 redistricting cycle, Republicans controlled the state Senate and Democrats held the state House and the governorship. On February 10, 2012, the state legislature approved new congressional district boundaries, which were signed into law on the same day. The congressional district plan was not subject to litigation.

State legislative redistricting

On January 19, 2012, the state legislature approved new state legislative district boundaries. The governor signed these into law on January 20, 2012. On February 7, 2012, a state court ruled in Fischer v. Grimes that the new maps violated equal population guarantees and unnecessarily divided counties. The Kentucky Supreme Court affirmed the trial court's ruling on February 24, 2012. As a result, the state legislative maps adopted in 2002 were in place for the 2012 election.

On August 23, 2013, the state legislature approved revised state legislative district maps, which were signed into law by the governor on the same day.

See also

• Redistricting in Kentucky after the 2010 census
• Redistricting in Kentucky
• State-by-state redistricting procedures
• Majority-minority districts

External links

• Search Google News for this topic
• All About Redistricting
• Dave's Redistricting
• FiveThirtyEight, "What Redistricting Looks Like In Every State"
• National Conference of State Legislatures, "Redistricting Process"
• FairVote, "Redistricting"