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:
Where things stand in New Mexico
The New Mexico Republican Party sued over the state’s congressional map last year, arguing that the Democratic-controlled legislature drew a gerrymander that violates the state constitution. Under the old lines, the state had two fairly safe Democratic seats and one relatively GOP-leaning seat. But in 2021, Democrats implemented a new map that made all three seats more competitive, but also gave each seat a Democratic lean. In the case of the GOP-leaning 2nd District, the new lines shifted the seat so that it took in Democratic-leaning and heavily Hispanic parts of Albuquerque. Not coincidentally, Democrats went on to flip the seat by a narrow margin in 2022, giving them control of all three of New Mexico’s congressional districts.
The map’s future will hinge on a three-part test the New Mexico Supreme Court laid out for this case, which asks whether the main reason for drawing a district was to entrench a party’s power by diluting the votes of the opposition party, whether the map substantially diluted the opposition party’s votes and if the defendants have a legitimate, nonpartisan reason for the lines. A lower state court held hearings in late September, so it may be some time before the case is decided.
Where things stand in New York
New York redistricting is … complicated. If the state’s map is redrawn, it could be the most consequential redistricting action of the 2024 cycle and could endanger the reelections of several Republican representatives.
New York’s current congressional map was drawn by a special master after a state court struck down the Democratic legislature’s preferred map, which was severely biased toward Democrats. Democrats filed a lawsuit against the replacement map, arguing that it should only be temporary and that the state’s advisory redistricting commission should be entitled to take another crack at drawing the map. What they don’t mention is that, if the commission fails to pass a map, the Democratic legislature would once again step in and draw one instead — likely another gerrymander.
In July, a state court ruled that the commission should indeed redraw the map, but Republicans quickly appealed the decision. The New York Court of Appeals will hear the case in November. Although that’s the same court that threw out the Democratic gerrymander just last year, the author and swing vote in that 4-3 decision is no longer on the bench.
Where things stand in North Carolina
North Carolina’s Republican-controlled legislature looks ready to draw lines for a new congressional map this month in the latest twist in the state’s long history of sharp-elbowed partisan battles over redistricting. Prior to the 2022 election, the GOP-led legislature passed two different maps that would’ve been highly favorable to Republicans, but in each case state courts threw out the maps as partisan gerrymanders. The state ended up with a court-drawn map that would only be in effect for the 2022 election, which resulted in a 7-7 split in the state’s congressional delegation.
But in the 2022 election, Republicans won a 5-2 majority on the North Carolina Supreme Court, which undid the Democrats’ narrow advantage and significantly altered the state’s legal environment for redistricting. In April, the state Supreme Court overturned a 2022 ruling made by the previous panel that said partisan gerrymandering violated the state constitution, opening the door for the legislature to draw an advantageous map for Republicans. Under state law, the governor has no veto power over redistricting measures, so Democratic Gov. Roy Cooper cannot interfere in the GOP-led legislature’s line drawing. If the legislature’s initial mapmaking effort in 2021 is any indication, we can expect Republicans to shoot for a map on which the party stands a good chance of winning at least 10 seats.
Where things stand in Ohio
Ohio’s 2024 map is set, and it will be the same congressional district map as 2022. But the path Ohio took to this outcome was anything but straightforward. In November 2021, the Republican-controlled state government enacted a map where the GOP might have won as many as 13 of the state’s 15 districts. But in January 2022, the Ohio Supreme Court struck down the map as a partisan gerrymander, placing the map in the hands of the Ohio Redistricting Commission. With a 5-2 edge on the board, Republicans passed a second map in March 2022 that still gave the GOP a good chance of capturing at least 10 districts, if not more. Although the state’s high court ruled that this map was also unconstitutional in July 2022, by then the timeline for the case left the second map in place for the 2022 elections, in which Republicans won 10 of the state’s House seats.
The same map will now be used in 2024, too, after the Ohio Supreme Court dismissed legal challenges to the map in September. The plaintiffs who opposed the map had themselves sought a dismissal because they were less likely to have success before the state’s high court after the 2022 midterms, when Republicans captured a firmer majority with the retirement of Republican Chief Justice Maureen O’Connor, who’d ruled against the state’s maps. If the mapmaking process had reopened for 2024, Republicans may have drawn lines even more favorable to the GOP. Under Ohio law, a map passed without bipartisan support can only remain in effect for two election cycles instead of a full decade, so because no Democrats supported the map currently in use, it will remain in effect through the 2024 election and then need to be redrawn before the 2026 election.
Before then, however, the state’s redistricting process could change due to a citizen-initiated constitutional amendment that proponents aim to put on the November 2024 ballot. The proposal would implement a 15-member commission made up of Republicans, Democrats and independents, with bans against the participation of recent officeholders, lobbyists or party officials. The amendment also includes measures against partisan gerrymandering.
Where things stand in Alabama
Alabama is furthest along in terms of having a new congressional map for 2024. Back in 2021, the Republican-controlled legislature drew Alabama a congressional map that had six majority-white seats and one majority-Black seat — despite it being possible to draw a map with two majority-Black districts. Voting-rights advocates sued, and in January 2022, a federal court agreed that the map discriminated against Black voters and had to be redrawn.
Alabama appealed to the U.S. Supreme Court, but in June 2023, the court handed down a landmark decision that upheld the Voting Rights Act and confirmed that Alabama had to redraw its map. In July, the legislature did so — but the new map still didn’t have a second majority-Black seat. The lower court quickly struck down that map too, and the Supreme Court rejected a Hail Mary appeal of that decision.
The lower court will now choose a new congressional map for Alabama, to be used in 2024. A court-appointed special master has drawn three possible options, all of which would create a second majority-Black seat. And because Black voters so consistently vote Democratic, in partisan terms, that means Democrats will almost certainly pick up a House seat in Alabama next year. In the three proposals, the new 2nd District would have voted for President Biden by anywhere from 10 to 13 percentage points.