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Which states could get new congressional maps in 2024?
An updating tracker of developments in midcycle redistricting.
After the 2020 census, each state redrew its congressional district lines (if it had more than one seat) and its state legislative districts. 538 closely tracked how redistricting played out across the country ahead of the 2022 midterm elections. So everything is done and dusted, right?
Not so fast, my friend. More than a half-dozen states face the prospect of having to go through the redistricting process again, mostly due to federal and/or state litigation over racial or partisan gerrymandering concerns. Both Democrats and Republicans have the opportunity to flip seats in districts drawn more favorably than they were last cycle. For example, Democrats appear poised to pick up at least one seat in Alabama and could theoretically get more favorable maps in Louisiana and Georgia. Republicans, meanwhile, could benefit from more favorable 2024 maps in North Carolina and New Mexico.
We’ll be using this page to relay major developments in midcycle redistricting, such as new court rulings and district maps, and examine how they could affect the political landscape as we move deeper into the 2024 election cycle. We’ll predominantly focus on congressional maps, but will share the occasional key update on conflicts over state legislative districts.
Some key states to watch:
Where things stand in Wisconsin
There isn’t currently a legal challenge pending against Wisconsin’s congressional map, but many people expect that the Badger State will have to redraw its lines sometime in the next few years. Why? Because with the election of Justice Janet Protasiewicz in 2023, control of the Wisconsin Supreme Court flipped from conservatives to liberals, making the court much more receptive to claims of partisan gerrymandering.
During her 2023 campaign, Protasiewicz called Wisconsin’s electoral maps “rigged,” and if the Wisconsin Supreme Court were to hear a challenge to the congressional map, she would likely join the court’s three other liberal justices in striking it down. Wisconsin’s congressional delegation currently consists of six Republicans and two Democrats, despite Biden winning the state 49.4 percent to 48.8 percent in 2020. A fairer map would likely result in Democrats picking up at least one seat.
Republicans in the legislature are already mobilizing against such an outcome. They have demanded that Protasiewicz recuse herself from any lawsuits over the map, threatening her with impeachment if she does not. Republicans have also proposed a compromise where an advisory redistricting commission would draw a new map, but the Republican-controlled legislature would still retain the final power to pass (or not pass) it.
Legal approaches in race-based redistricting lawsuits
In federal cases where plaintiffs argue that a state’s map discriminated against a minority group, we’re predominantly seeing two grounds for suits. First, cases can center around alleged violations of Section 2 of the Voting Rights Act, which prohibits electoral practices that discriminate against a racial or language minority group. In Section 2 cases, the plaintiffs will argue that district lines diluted the voting influence of a minority group, often by “cracking” it to spread it across multiple districts or “packing” it into fewer districts.
Cases can also focus on alleged violations of the U.S. Constitution’s 14th and 15th amendments. Specifically, claims are built around the 14th Amendment’s Equal Protection Clause, which courts have ruled protects against the improper use of race in drawing districts — racial gerrymandering — and the 15th Amendment’s protections against limiting voting rights based on race. These legal frameworks are related — the VRA was created as an enforcement mechanism for the 15th Amendment — so these lines of argument can overlap.