Florida Democrats say Republicans’ plan to redraw districts before the midterms violates the state constitution. Does it? If it’s intended to benefit a political party, yes.
Opponents of mid-decade efforts to redraw congressional voting districts gather to protest in the Florida Capitol in Tallahassee, Fla., Dec. 2, 2025. Florida Republican Gov. Ron DeSantis wants the Legislature to hold a special session to redraw the state’s congressional districts. But this move would be illegal, some state Democrats say.
'They are willing to do an illegal unconstitutional act by doing mid-decade redistricting,' Rep. Ashley Gantt, D-Miami, said during an April 8 conference call'This is illegal,' Orlando Democratic Rep. RaShon Young said.'It is against the constitution to redraw maps in favor of a party.'Mid-decade redistricting wouldn’t be illegal, but doing it to intentionally benefit one political party would be, law professors told PolitiFact.
amendment that voters approved in 2010. The amendment prohibits establishing congressional or state legislative districts with the intent of benefiting one political party. Republicans hold 20 of Florida’s'If the Legislature adopts new districts, it will have to be able to demonstrate that it did so for reasons other than increasing the number of Republican seats in the U.S. House or offsetting other states’ creation of new Democratic seats,' said Michael Morley, a law professor and faculty director of Florida State University’s Election Law Center.'A court would assess the totality of the circumstances in determining legislative intent.', because they could be forced to provide evidence of conversations'with outside parties who may attempt to persuade the Legislature to pass maps that favor or disfavor a political party or incumbent.'
DeSantis has given different reasons for the mid-decade redistricting push, including to regain a congressional seat that he says Florida unfairlyregarding the Voting Rights Act. Redistricting needs to be addressed, he says, because the Legislature will be'forced' to do it after the court decides whether certain race-based districts are unconstitutional. The court issues all its decisions by late June or early July.
prohibits redistricting plans'with the intent to favor or disfavor a political party or an incumbent.' The amendment also says districts shouldn’t be drawn with the intent or result of'denying or abridging the equal opportunity of racial or language minorities to participate in the political process,' nor should they diminish their ability to choose representatives. It also says districts'shall be as nearly equal in population as is practicable,' compact and, where feasible,'utilize existing political and geographical boundaries.'
the Legislature to redraw district boundaries at its regular session, in the second year following each decennial census. Florida’s last redistricting happened in 2022, using 2020 Census data. States redraw their legislative districts to adjust for population changes, which could result in a state gaining or losing a seat.
on the Fair Districts amendment in July 2025. That case was about the amendment’s clause prohibiting drawing districts that'diminish' minorities’ ability to elect representatives. In a 5-1 decision, justices rejected a challenge by voting rights groups that argued part of the state’s 2022 redistricting plan violated the clause. The justices said the alternative — a Black-majority North Florida district — would violate the U.S. Constitution’s
'That decision was about the racial aspect of the Fair Districts Amendment, not the partisan aspect,' said Ciara Torres-Spelliscy, a Stetson University law professor.'Thus, there is no way to predict for sure how the Florida Supreme Court will react to a new map if it is blatantly drawn solely to aid the Republican Party.' DeSantis has appointed six of the seven justices to Florida’s Supreme Court.
'The Florida Constitution says we should draw once every 10 years. I do not know any instances where the Legislature has drawn maps without being prompted by a court decision,' Antone told Florida Politics.'I think we have done that three times, when required to redraw maps, but just coming up on our own and redrawing maps? I don’t think it’s legal.'
that mid-decade redistricting is allowed, giving states the go ahead to draw new maps at any time. Specific rules for maps vary by state. Texas redrew its congressional districts following pressure from President Donald Trump to carve out more Republican seats ahead of the midterm elections. Some Democratic-led states are also making changes. California has redrawn its map and Virginia is attempting to do so. Email interview, Michael Morley, law professor and faculty director of the Election Law Center at Florida State University, April 13-14, 2026“Durante su presentación en el Super Bowl, Bad Bunny le regaló su premio Grammy a Liam Conejo Ramos”, el niño de 5 años que fue detenido por ICE. During the Super Bowl halftime show, “Bad Bunny brought Liam Conejo Ramos onto the stage,” the 5-year-old detained by Immigration and Customs Enforcement in Minneapolis. The Federal Emergency Management Agency’s “backlog of unanswered disaster assistance applications has exploded to the largest in its history.” Venezuelan leader Nicolás Maduro “was releasing people from his prisons and sending them to our southern border under the Biden administration.” In Florida, “68 to 70% of property tax revenue” is from “second homes, investment properties, commercial properties, Airbnb,” not primary residences.“Moulton voted with Republicans to thank ICE for protecting our homeland. He thanked ICE as they were terrorizing our communities and killed citizens in broad daylight.”
Redistricting Mid-Decade Fair Districts Unconstitutional Elections
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