LIVE UPDATES
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:
New York passes a largely unchanged congressional map
This week, New York's Democratic-controlled legislature took up the congressional map proposed by the state's bipartisan redistricting commission … and largely left it unchanged.
On Monday, after the legislature voted down the commission's proposal, many people assumed they would replace it with an aggressive Democratic gerrymander that would help the party in its quest to flip the U.S. House. But that's not what happened. Instead, the legislature passed a map with only minor tweaks from the commission's, which in turn was pretty close to the old congressional map drawn by a court-appointed special master in 2022.
Based on the results of the 2020 presidential election, no district will shift by more than 4 percentage points of margin. The biggest change is in the 22nd District, which now would have voted for Biden by 11 points, making it harder for Republican Rep. Brandon Williams to win reelection. Democratic Reps. Tom Suozzi and Pat Ryan also got a little safer in their districts, while the legislature also did a favor for Republican Rep. Nick LaLota, turning his 1st District from a narrow Biden district to a narrow Trump district.
Gov. Kathy Hochul signed the new map into law on Wednesday night.
Wisconsin’s legislature is competitive again
We've largely stuck to covering congressional redistricting in this space, but over the weekend there was a pretty huge development in state-legislative redistricting that's worth noting. Wisconsin Gov. Tony Evers signed a new set of state Senate and Assembly maps into law that will suddenly make Wisconsin's legislature — which has been dominated by Republicans for over a decade — competitive again.
Back in December, the state Supreme Court ruled that Wisconsin's old legislative maps were unconstitutional because they were not contiguous. The court asked Evers and the legislature to enact a new map, or else it would pick one for them. Normally, the Democratic Evers and the Republican legislature don't see eye to eye on anything, but when Evers's proposed maps turned out to be slightly better for Republicans than the other maps the court was considering, Republican legislators begrudgingly voted to pass them. (Ironically, most Democrats in the legislature voted against them.)
Still, the new maps are dramatically better for Democrats than the old ones. Under the old Assembly map, Trump carried 64 districts in 2020 and Biden carried 35. Under the new map, Trump would have carried 50 districts and Biden 49. And under the old Senate map, Trump carried 22 districts to Biden's 11. Under the new map, Biden would have carried 18 districts over Trump's 15.
All districts in the Assembly will be on the ballot this fall, giving Democrats a real chance to win control of the chamber for the first time since 2008. However, Republicans will remain strong favorites in the Senate because only half of the seats there (the even-numbered ones) will be up for election. The senators who aren't up for reelection include 12 Republicans and five Democrats, so Republicans need to win only five seats this fall to secure another majority in the 33-person chamber. That should be no sweat considering that there are elections this fall in six Senate districts that Trump would have carried by at least 10 points.
New York proposes a new congressional map
Roughly two months after New York's highest court ruled that New York must redraw its congressional lines, the New York Independent Redistricting Commission (which is, in fact, not truly independent, but rather composed of equal numbers of Democratic and Republican appointees) has proposed a new congressional map. The map is quite similar to the current one, which was drawn by a court-appointed special master in 2022 and scored pretty well on various metrics of fairness. However, the new proposal tends to benefit incumbents like Democratic Rep. Pat Ryan and Republican Rep. Marc Molinaro, as well as other candidates like Democratic state Sen. John Mannion, who is running for the 22nd District.
Overall, the map would result in 21 seats that President Joe Biden carried in 2020 and five seats that former President Donald Trump carried, the same breakdown as the current map.
This map may never actually be enacted, however. To take effect, it has to pass both chambers of the legislature with two-thirds support, and a few influential legislators have already come out against it. Some Democrats are probably still holding out hope that the legislature will draw its own, gerrymandered map that could lead to more Democratic gains, which could happen if the legislature rejects this map.
Louisiana has a new congressional map. What will that mean moving forward?
Last week, Louisiana's state legislature passed a new congressional map, which Republican Gov. Jeff Landry signed into law on Monday. A federal court had previously ruled that the state's map violated the Voting Rights Act by diluting Black representation. To avoid further litigation or even a court-drawn map, Louisiana's Republican-controlled government implemented a second majority-Black seat — the 6th District — that stretches diagonally southeast from Shreveport in the northwest to Baton Rouge in south-central Louisiana. Along with the New Orleans-based 2nd District, Louisiana now has two majority-Black, Democratic-leaning seats: President Joe Biden would have carried the new 6th by 20 percentage points in 2020, while the 2nd would have been Biden +36. As a result, Louisiana's six-member U.S. House delegation will likely go from 5-1 Republican to 4-2 Republican after the 2024 election.
The final map had Landry's endorsement, and the new lines mainly endanger the political future of Republican Rep. Garret Graves, who represents the current 6th District. Graves alienated some fellow Louisiana Republicans last fall — including Landry himself — by supporting one of Landry's GOP opponents in Louisiana's gubernatorial election and by not publicly backing U.S. House Majority Leader Steve Scalise's bid for the speakership. To create a second majority-Black seat, Louisiana Republicans chose to dismantle Graves's seat instead of the 5th District held by GOP Rep. Julia Letlow, whom many Republican legislators wanted to protect as the state's only woman in Congress.
Looking ahead, however, there are three outstanding questions: What will Graves do, will the new map survive legal scrutiny and which Democrat might represent the new 6th District?
Graves has said he will run again, but he's unlikely to run in a Democratic-leaning seat, so he may instead challenge Letlow in the new 5th District. Graves currently represents 43 percent of the redrawn district, while Letlow represents the rest, based on an analysis by Daily Kos Elections. But the Republican vote may be even more closely-divided: Letlow currently represents about 51 percent of 2020 Trump voters in the new seat versus Graves's 49 percent. Democrats will have a chance to weigh in, too, under the state's "jungle primary" format, in which all candidates regardless of party run on the November election day, and if a candidate wins a majority, that person wins; otherwise, there's a runoff between the top-two vote-getters. This won't be the setup beyond 2024, though: A new law will establish closed party primaries for congressional elections starting in 2026.
However, Graves also believes that the courts will rule against the new map — and he may have reason to hope. The federal court that ruled against the current map will review the new lines, and Graves has argued the new map ignored many communities of interest in its pursuit of a Black majority. This could be important: Back in the 1990s, federal courts twice deemed Louisiana's congressional map an unconstitutional racial gerrymander, forcing redraws before the 1994 election and again before the 1996 election. The second time was due to a similar "backslash" district that ran from Shreveport to Baton Rouge. This time around, it was possible to draw a more compact majority-Black seat running north from Baton Rouge up the Mississippi River to the state's northeast. However, that would've meant dismantling Letlow's 5th District, which Republicans didn't want to do.
But if the new map remains in place, the new 6th District is likely to elect a Democrat. And one leading possibility is a familiar name: Democratic state Sen. Cleo Fields, who announced his candidacy on Tuesday. Fields has a direct connection back to Louisiana's redistricting episodes in the 1990s. At the age of 29, Fields won a Z-shaped majority-Black seat in 1992 drawn to connect Baton Rouge and Shreveport, then won the redrawn "backslash" seat in 1994 before losing Louisiana's 1995 gubernatorial election (Fields didn't seek reelection in 1996 after the second redraw put him in a Republican-leaning, majority-white seat). Fields has become a cross-party Landry ally in the state legislature, which might help explain why Landry supported a congressional map that could be tailor-made for Fields. Still, the district will probably attract a few Democratic aspirants.
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.