Category Archives: WISCONSIN

Redistricting Action Continues:
Texas & Wisconsin

By Jim Ellis — Tuesday, July 15, 2025

Redistricting

A look at how things might play out in two key states — Texas & Wisconsin — in the redistricting tug of wars

Texas Gov. Greg Abbott (R), as expected, has added the congressional redistricting issue to the upcoming special session. The legislature is scheduled to reconvene on July 21. The session can last up to 30 days to handle the issues that the Governor places on the legislative call. Under Texas law, the Governor has the power to call an unlimited number of 30-day special sessions after the legislature adjourns for the biennial.

In Wisconsin, though the state Supreme Court justices recently said they would not hear the congressional redistricting case before them, a new lawsuit has been filed.

A group called the Wisconsin Business Leaders for Democracy filed the lawsuit claiming the current map is an “anti-competitive gerrymander,” distinguishing their claim from the partisan gerrymander lawsuit the Supreme Court refused to hear according to an Associated Press news story. An anti-competitive gerrymander refers to all incumbents rather than those of one particular party.

The Wisconsin suit was filed in before a Dane County circuit court where the plaintiffs will likely get a favorable ruling. The process, however, will be lengthy as appeals to any lower court ruling will occur before again reaching the state Supreme Court. Therefore, it may be a longshot to see the Wisconsin map redrawn before the 2026 midterm elections.

The Texas situation is much different, and Republican leaders may be able to produce a new map that increases the current plan’s 25R-13D split.

South Texas appears to attract the most attention in the special session. Using the Dave’s Redistricting App statisticians’ partisan lean calculations (methodology employed to develop the partisan lean figures can be found on the following “About Data” link from the DRA website: About Data – Dave’s Redistricting App), we generally see the Republicans overperforming in the region.

Under the current Texas plan, the DRA partisan lean calculation correctly projected which party would hold the particular congressional district in 37 of the 38 CDs. The only officeholder to win a congressional seat where the opposing party held the partisan lean advantage occurred in South Texas District 15 where two-term GOP Rep. Monica de la Cruz (R-McAllen) held her seat with a 57-43 percent majority. The DRA 15th District partisan calculation gives the Democrats a 4.1 percentage point advantage.

President Trump carried 27 of the state’s 38 CDs, including three seats where the partisan lean calculation favored the Democrats. In addition to District 15, Trump also topped Kamala Harris in District 28 (Rep. Henry Cuellar; D-Laredo) and 34 (Rep. Vicente Gonzalez; D-McAllen). All of these CDs are located in South Texas.

Thus, the Trump performance largely destroys part of the Democrats’ racial gerrymander argument because he carried these three districts that have overwhelming minority populations.

In District 34, the Voting age minority population figure is 90.5 percent and 88.5 percent Hispanic. Trump won the district with a 51.8 – 47.4 percent majority. In District 15, the minority Voting Age Population (VAP) figure is 82.4 percent with the Hispanic VAP at 78.9 percent. President Trump carried this district with a strong 58.5 – 40.7 percent majority. District 28 has a minority VAP of 80.7 percent with a Hispanic VAP of 72.9 percent. The Trump winning margin here is 53.2 – 45.9 percent.

There are 19 Texas districts where White voters are the majority of the Voting Age Population. Trump won 18 of the 19. The one exception that supported Kamala Harris was Rep. Lloyd Doggett’s (D-Austin) 37th CD that stretches from Austin to San Antonio down the I-35 corridor.

Eighteen of the Texas congressional districts feature majority minority populations. Of those, Trump won nine of the 18 seats and exceeded the Republican benchmark in all 18. Trump also exceeded the DRA partisan lean GOP benchmark in the nine majority minority seats that Harris claimed. These statistics, to a significant degree, at least partially spoil the Democrats’ Voting Rights Act racial gerrymandering arguments.

Regarding the partisan lean figures from all of the Lone Star State’s 38 congressional districts, Trump exceeded the Republican benchmark in 32 of the seats. In the 14 districts where Democrats hold the partisan lean advantage, Trump exceeded the Republican benchmark in all.

In six districts, the Trump performance failed to reach the Republican benchmark, even though he carried each of the seats. Those where the President finished below the GOP partisan mean were TX-2 (Rep. Dan Crenshaw-R), TX-3 (Rep. Keith Self-R), TX-22 (Rep. Troy Nehls-R), TX-24 (Rep. Beth Van Duyne-R), TX-26 (Rep. Brandon Gill-R), and TX-38 (Rep. Wesley Hunt-R).

In Wisconsin’s eight congressional districts, we see similar patterns relating to President Trump’s performance in reference to the DRA partisan lean figures.

There, President Trump carried six of the state’s eight districts on his way to a 49.6 – 48.7 percent statewide victory. His vote total exceeded the DRA partisan lean in six of the eight districts. The only seats where he underperformed in relation to the Republican benchmark were in District 5 (Rep. Scott Fitzgerald-R), which ironically is the most Republican district in the state, and District 4 (Rep. Gwen Moore-D), Wisconsin’s most Democratic seat.

Though redistricting is designed to be done once per decade, changes in laws and procedures along with unending legal challenges to the district plans have made map drawing a perennial issue.

Wisconsin Supreme Court Says No

Wisconsin Congressional Districts

By Jim Ellis — Friday, June 27, 2025

Redistricting

In a surprising turn of events, the Wisconsin state Supreme Court justices announced that the panel will not hear the Democratic cases that were petitioning for a re-drawing of the state’s congressional districts.

Before the 2024 election, the Badger State high court ordered changes for the state Assembly and Senate boundaries but simultaneously refused to alter the congressional map. Considering that at least two of the justices said during their respective campaigns that the congressional map should be re-drawn, the 2023 pronouncement was eyebrow raising. The same decision from a slightly different 4D-3R court came as a shock to most.

Texas Gov. Greg Abbott (R) has called his state legislature into a late July special session, and it is presumed he will add the congressional redistricting issue to the extraordinary session agenda. Ohio, as their state law mandates, also must re-draw its congressional map, and a US Supreme Court ruling before the end of this month may result in the Louisiana congressional map being reconstructed.

All of this judicial action likely favoring Republicans at least to a degree, seemed to bolster the chances of Wisconsin also reconfiguring its eight-district federal plan as the Democrats wished.

Seven-term Rep. Mark Pocan (D-Town of Vermont/Madison) summed up the feeling of many Democrats when he said to an Associated Press reporter in response to the court’s announcement that, “it’s good that Wisconsin has fair maps at the state level, but we deserve them at the federal level as well. Unfortunately, gerrymandered maps for members of Congress will remain in Wisconsin.”

Democrats such as Rep. Pocan believe the map is out of balance from a partisan perspective because a domain that typically returns very close statewide election results yields a 6R-2D congressional map. They proclaim, according to the AP story, that the congressional map “violates the state constitution’s requirement that all Wisconsin residents be treated equally.”

This partisan gerrymandering argument has rarely succeeded because the claimants suggest that people who voluntarily join a political party should be given the same civil rights protections that minority groups enjoy.

The rejoinder argument is that two of the six Wisconsin Republican seats are highly competitive. Rep. Bryan Steil’s (R-Janesville) southeastern 1st District carries a partisan lean of 49.4R – 48.3D according to the Dave’s Redistricting App statisticians, but the Congressman has won twice under this district configuration with a pair of 54 percent victories.

In the state’s western 3rd District that Democrat Ron Kind represented for 26 years before Republican Derrick Van Orden (R-Prairie du Chien/La Crosse) won the seat in a 2022 open contest, saw the new incumbent scoring successively tight 51.3 and 51.8 percent victories to flip the seat. Dave’s Redistricting App calculates the 3rd District partisan lean at 48.9D – 48.5R. Thus, the Democrats’ argument that these two districts are gerrymandered Republican seats has been hard to sell.

Despite the Wisconsin map not being re-drawn, we can expect to again see hard fought campaigns in Districts 1 and 3, and each could flip. Democrats may have a harder time finding a strong candidate to oppose Rep. Steil because he has already beaten some of the top Democrats in the region as was the case in November when he turned back former Rep. Peter Barca, but the district can still go either way.

The candidate story is different in District 3. In 2024, businesswoman Rebecca Cooke (D) came within 2.7 percentage points of upsetting Rep. Van Orden. She will face Democratic primary competition in 2026 from Eau Claire City Council President Emily Berge and Eau Claire City Councilwoman Laura Benjamin so her path to renomination must overcome partisan obstacles.

Cooke, however, now armed with such diverse ideological Democratic endorsements from the House Blue Dog PAC, which is the more moderate internal party organization, and Sen. Bernie Sanders (I-VT) from the far left faction, still must be considered the presumed favorite for the Democratic nomination.

Redistricting notwithstanding, Wisconsin will be an important US House battleground state in 2026. Republicans, however, are now breathing a sigh of relief while Democrats are expressing continued disappointment at the state Supreme Court’s most recent redistricting action.

An Early Redistricting Cycle

By Jim Ellis — Thursday, June 26, 2025

Redistricting

Putting together the redistricting puzzle

It appears we will see at least three states soon begin a mid-decade redistricting effort for various reasons.

It has been long assumed that the Wisconsin state Supreme Court justices would re-draw the congressional boundaries before the 2026 election. After the Democrats secured their high court majority before the 2024 election, the members reconfigured the state Assembly and Senate as a way to “rectify the Republican majority’s partisan gerrymander.” Surprisingly, the court did not follow suit to simultaneously change the congressional district map. It is probable they will take such action soon.

It is believed that a majority of the court justices, as at least two publicly stated when campaigning for their position, see the current 6R-2D congressional map as constituting a partisan gerrymander. It is expected that the justices will assign a special master to draw districts that would bring the partisan ratio to 4-4, which could mean Reps. Bryan Steil (R-Janesville) and Derrick Van Orden (R-Prairie du Chien/La Crosse) might lose their seats while threatening the very tight US House Republican majority.

The state of Ohio is also preparing for a re-draw, but not because of a partisan gerrymandering. Under Ohio election law, plans must pass both houses of the legislature with three-fifths of the voting members. Because the 2021 congressional plan was adopted with only majority support, the map would only be in effect for two succeeding elections, 2022 and 2024. Therefore, in order to comply with state law, the Ohio redistricting commission, comprised of elected officials, and the legislature must again embark upon the redistricting process.

Republicans hold a 10-5 advantage in the congressional delegation with two of the Democratic seats, District 9 (Rep. Marcy Kaptur; 48.3 – 47.6 percent 2024 election result) and District 13 (Rep. Emilia Sykes; 51.1 – 48.9 percent), being very tight from a partisan perspective. The weakest Republican showing in the last election came from Rep. Max Miller (R-Rocky River; 51.1 – 36.1 percent). Excluding Rep. Miller’s 51 percent tally, the remaining nine Republicans averaged 65.2 percent of the vote.

With Republicans generally in charge of the redistricting process expect moves to make the Kaptur and Sykes’ districts more Republican.

Texas Gov. Greg Abbott (R) has called a special legislative session to begin July 21. Because Texas only has a short 140-day legislative session every other year, it has been commonplace after the last few sessions to bring the members back into an extra session to complete unfinished business.

Under Texas law, the Governor has sole authority to call a special session, but the legislative period can only consume 30 days. It is possible for the Governor to call additional sessions if more time is needed. Also importantly, it is only the Governor who sets the agenda for the legislative session. It is widely believed that Gov. Abbott will add congressional redistricting to this particular legislative special session.

Each of the three states has a unique reason for conducting a mid-decade redistricting session. In Texas’ case, it is because excessive growth has made several districts severely overpopulated.

Using the US Census Bureau’s mid-decade population estimates, Texas has grown in population by a 7.2 percent rate since the 2020 census was concluded. During this same time period, the national growth rate is 2.6 percent. The Texas number translates into over 1.2 million more people living in the state since the last Census. Should this trend continue, the Texas population will swell by over 4 million more people by 2030 when compared to 2020.

Therefore, the growth numbers account for the early estimated national reapportionment calculations that suggest Texas could gain an additional four congressional seats for the next decade. Hence, the Governor and legislative leaders will again redistrict to more equitably distribute the state’s major raw number growth figure throughout its current 38 congressional districts.

The Texas congressional delegation stands at 25R-13D; therefore, it would not be surprising to see the GOP dominated legislature attempt to expand the Republican position within the current congressional delegation through the redistricting session.

Potential Wisconsin Redistricting

Click map above to see full size.

By Jim Ellis — Thursday, April 3, 2025

Redistricting

If Wisconsin congressional redistricting occurs later this year as a result of Tuesday’s state Supreme Court election, which current House members will be most affected?

Now that Democrats have won the high court election in the person of Dane County Circuit Judge Susan Crawford (D), expect the new panel members to eventually position themselves to redraw the state’s congressional districts.

Though redistricting is supposed to be completed just once a decade after a decennial census, we have seen many court decisions forcing mid-decade redraws of congressional or state legislative district boundaries. It has now gotten to the point, as it did in the last two Wisconsin state Supreme Court election battles, that some judicial candidates even add the redistricting issue to their campaign agenda.

In the Wisconsin instance, the court will likely rule that the state’s 6R-2D congressional map is a partisan gerrymander. Judge Crawford stated during the campaign that she believes the districts should be redrawn, thus creating two more Democratic seats. Proponents of this line of reasoning suggest that because the statewide vote count is routinely a toss-up in the state, the congressional map should be a reflection of the typical statewide voting trend.

Before the 2024 election, the Wisconsin court, again with a 4-3 Democratic majority, redrew the boundaries of both the state Assembly and Senate using a similar partisan gerrymandering argument. The change resulted in Democrats gaining a net 10 seats in the Assembly and four in the Senate. Though the new map severely altered the partisan complexion, Republicans still maintained their majorities in both houses.

Curiously, the court did not simultaneously change the congressional map as many believed they would. Some analysts surmised that the underlying reason for not redrawing the federal plan was the US Senate race.

At the time of the legislative redraws, it appeared Democratic Sen. Tammy Baldwin would draw an easy opponent and secure a third term. Yet, if the congressional lines were redrawn, it would have been probable that Rep. Bryan Steil (R-Janesville), who already had well over $3 million in his federal campaign account at the time, would jump into the Senate race if his 1st Congressional District was drawn to elect a Democrat.

If this was the surprising reason for leaving the congressional map untouched, it was likely a prudent partisan move. Ultimately, what appeared at the outset to be a strong run for Baldwin turned into a very tight battle as underestimated candidate Eric Hovde (R) managed to run a viable campaign and came within nine-tenths of one percentage point of unseating the Senator. It is reasonable to believe that an opponent such as Rep. Steil, who would have been taken seriously from the beginning, might have attracted more support than Hovde and won the seat.

With no 2026 Wisconsin Senate race, a federal statewide campaign will not be a factor. The Governor’s office, on the other hand, is on the ballot. Gov. Tony Evers (D) has won two close gubernatorial campaigns and looks to be preparing to run for a third time. Changing the congressional map could force a displaced Congressman to move into the Governor’s race, thus making the incumbent’s re-election path more difficult.

Assuming the court moves forward with a redraw, who will be the likely targets? The answer lies in the southern and western parts of the state where Reps. Steil and Derrick Van Orden (R-Prairie du Chien) already hold competitive political districts.

According to the Dave’s Redistricting App statisticians, Rep. Steil’s 1st District has a partisan lean of 49.4R – 48.3D. Rep. Van Orden’s district is similarly tight, though Democrats already have a slight edge on the same partisan lean scale, 48.9D – 48.5R. Businesswoman Rebecca Cooke (D), who held Rep. Van Orden to a 51-49 percent victory margin last November has already said that she will return for a 2026 re-match.

To the west of Rep. Steil’s southern 1st District and to the east of Rep. Van Orden’s CD-3, lies the Madison anchored 2nd District of Rep. Mark Pocan (D-Town of Vermont). WI-2’s partisan lean is 69.7D – 28.2R, which means this district could easily shed Democrats to District 3 without endangering Rep. Pocan’s future re-elections.

A similar situation exists in Rep. Steil’s situation. To the north of his district is Rep. Gwen Moore’s (D-Milwaukee) 4th CD. The partisan lean here is 73.6D – 24.2R. This is the state’s coalition minority seat. A combined total of all minorities pushes their Voting Age Population number to 52.9 percent, so there are plenty of Democratic votes that could be transferred to the 1st.

Obviously, more Republican voters from the 1st would be shifted to the 4th, and the same from the 3rd to the 2nd. The map would be more competitive for both Reps. Pocan and Moore, but their districts won’t be changed to the point of making either vulnerable to the point of losing.

The remaining five seats are all heavily Republican, and while Rep. Scott Fitzgerald’s (R-Clyman) 5th CD could be changed as part of the partisan swap among the aforementioned, it probably will continue to remain as a safely Republican seat. It is probable that the state’s northern districts, 6, 7, and 8, those of Reps. Glenn Grothman (R-Glenbeulah), Tom Tiffany (R-Minocqua), and Tony Wied (R-De Pere/Green Bay), won’t fundamentally change.

This is only one possible scenario of a redistricting order that could take many forms. Expect Republicans to put up a major fight, and they will have some potential maneuvers in their legal quivers, but the partisan nature of this particular court suggests a new congressional redistricting plan is on the Wisconsin political horizon.

Sen. Cruz in Potentially Competitive Re-Election Bid; Senate Challenge in New Mexico; Rep. Susie Lee Draws Opponent in Nevada; Redistricting Developments in Wisconsin

By Jim Ellis — Monday, Jan. 29, 2024

Senate

Texas Sen. Ted Cruz (R) / Photo by Gage Skidmore

Texas: Tight New Poll — Emerson College just released the results of their latest Texas statewide survey (Jan. 13-15; 1,315 registered Texas voters; interactive voice response system & online) that finds Sen. Ted Cruz (R) heading into a potentially competitive general election. The ballot test found the senator leading US Rep. Colin Allred (D-Dallas) by a slight 42-40 percent margin, and holding only a one-point, 41-40 percent split over state Sen. Roland Gutierrez (D-San Antonio). Simultaneously, former President Donald Trump leads President Joe Biden 49-41 percent.

The poll is not particularly surprising in that Sen. Cruz’s personal favorability numbers have never been particularly good. However, there are a number of things that favor Sen. Cruz: the presidential election turnout model, Trump beating Biden in the state, the Biden energy policies being detrimental to Texas, and the southern border controversy — all play politically to Sen. Cruz’s favor. Therefore, despite the likelihood that we will see many close Texas Senate polls between now and the November election, the actual votes will favor Sen. Cruz winning re-election by a relatively comfortable margin.

New Mexico: Republicans Making Move to Challenge Sen. Heinrich — In order to expand what is a favorable Republican US Senate map, a prominent member of the GOP announced her candidacy. Nella Domenici, a former hedge fund CEO and daughter of the late six-term Sen. Pete Domenici (R), is the latest Republican to declare for the seat. Last week, former Bernalillo County Sheriff Manny Gonzales switched parties to enter the GOP Senate primary. The eventual winner of the June 4 Republican primary will challenge two-term incumbent Sen. Martin Heinrich (D).

The senator is favored for re-election, but Republicans improving among Hispanics could make this a competitive contest. New Mexico’s Hispanics register 50.2 percent of the state population universe according to the latest US Census report. The last time Republicans won a New Mexico statewide race was in 2014 when then-Gov. Susanna Martinez was re-elected. An August Public Policy Polling survey showed President Biden topping former President Trump 49-41 percent, suggesting the state could become competitive in the national election.

House

NV-3: GOP Ex-State Treasurer Announces for House — Earlier this month, Republicans lost their top congressional recruit in state Assemblywoman Heidi Kasama (R-Las Vegas), who instead of running for the House will seek re-election to what could become a tight Nevada Assembly. Kasama was clearly the top contender for the GOP nomination in a seat that is the most winnable for a Republican (FiveThirtyEight data organization rating: D+2) of the three Las Vegas competitive districts.

Now, former State Treasurer Dan Schwartz (R) is coming to the forefront to announce his congressional candidacy. While winning a statewide position in 2014, Schwartz has not fared well since, losing landslide races in his attempts to be elected governor, lieutenant governor, and a previous run for the 3rd Congressional District. It is likely the Republicans will have to recruit a stronger candidate against Rep. Susie Lee (D-Las Vegas) if they are to move this race into the top tier.

Wisconsin: Congressional District Lines Challenged — A citizens group that famed Democratic election lawyer Marc Elias represents filed suit before the Wisconsin state Supreme Court arguing that the panel’s rejection of the state Senate and Assembly maps compels them to reconsider striking down the state’s congressional map.

According to the Daily Kos Elections site’s legal analysts, the legislature’s maps were returned for a re-draw because the court rejected the “least change” (from the previous map) practice that the legislature relied upon to draw the 2021 maps. The Elias group’s lawsuit maintains that the congressional map was also drawn under the “least change” practice, and therefore should be redrawn.

So far, however, the court has not taken action against the congressional map and time is running out. The secretary of state has informed the court that unless new maps are enacted into law by March 15, they will not be able to convert the electoral system in time for the 2024 election.

Redistricting Roundup

By Jim Ellis — Monday, Jan. 8, 2024

Putting together the redistricting puzzle

Several states have been conducting a second round of redistricting, and four have completed the process. Therefore, the group has new maps in place for the 2024 election cycle. Below is a redistricting recap:

Completed States

Alabama: The US Supreme Court rather surprisingly sided with the Democratic plaintiffs to force a redraw of the Alabama congressional map under the reasoning that a second majority minority seat could be drawn. The new map results in a pairing of Republican Congressmen Jerry Carl (R-Mobile) and Barry Moore (R-Enterprise) in a southern Alabama district that stretches from Mississippi to Georgia along the Gulf Coast and Florida border.

The Republican primary election, scheduled for March 5, will decide who represents this district likely for the remainder of the decade. Rep. Carl represents 59 percent of the new district while Rep. Moore overlaps with 41 percent of the new AL-1 territory. Since Carl and Moore are the only Republican candidates, no runoff election will be necessary.

As a result of the reconfiguration, a new Montgomery/Mobile-anchored 2nd District was designed to elect an African American. A total of 13 Democrats and eight Republicans are running for the new seat. Expect runoff elections to occur for both parties. The runoff election date is April 2. Democrats are expected to gain a net of one seat under the new court ordered map.

Georgia: The new Georgia congressional plan was completed and received court approval during the Christmas break. The court previously ruled that the plan should be drawn to create another majority minority district. The legislature and governor complied with the ruling in that they converted a racial coalition district into a majority minority seat. Rep. Lucy McBath (D-Marietta) is moving from her current 7th District that lies east of Atlanta back to a more western suburban seat that is closer to the district from which she was originally elected. She should have little trouble winning the new 6th District.

Conversely, current 6th District Congressman Rich McCormick (R-Suwanee) will run in the new 7th CD that is Republican favorable. Therefore, expect no change in the 9R-5D Georgia delegation party division.

New Mexico: Republicans challenged the 3D-0R congressional map as an “excessive gerrymander,” but lost at the district court level. The New Mexico state Supreme Court then rejected the Republican appeal. Therefore, the current map will stand for the 2024 election, and likely throughout the decade.

The state’s 2nd District, while designed to elect a Democrat, is competitive and we can expect to see another tight election contest between freshman Rep. Gabe Vasquez (D-Las Cruces) and former US Rep. Yvette Herrell (R). The 2022 race between the two ended with Vasquez unseating then-Rep. Herrell by less than one percentage point.

North Carolina: Republicans scored a big victory here, as the new map will yield the GOP a net three-seat gain. With Rep. Kathy Manning (D-Greensboro) not seeking re-election, the Democrats are conceding the new 6th District without even fielding a candidate. Six Republicans are vying for the party nomination including former US Rep. Mark Walker and High Point Mayor Jay Wagner.

Rep. Wiley Nickel (D-Cary) foregoing re-election in the new 13th District to run for the Senate in 2026 means the Republicans are a sure bet to convert this seat, too. A total of 14 Republicans have qualified for the ballot in this district.

The new 14th CD is another seat primed to go Republican. Democratic incumbent Jeff Jackson (D-Charlotte) is running for Attorney General, meaning state House Speaker Tim Moore (R-Cleveland County) is becoming the prohibitive favorite to win this district.

The most competitive general election appears to be forming in the state’s 1st District where Democratic freshman Don Davis (D-Snow Hill/Rocky Mount) faces more Republican terrain in his new district. Former congressional nominee Sandy Smith and retired Army Col. Laurie Buckhout are vying for the party nomination. The Dave’s Redistricting App statisticians calculate a new 50.9D – 47.7R partisan lean, meaning the seat now only leans Democratic. Under the previous map, the 1st District partisan lean was factored as 54.1D – 44.4R.

States in Progress

Florida: The Florida congressional map was declared illegal at the district level, but the state Appellate Court overturned the ruling. Therefore, it is likely the current map will stand at least for the 2024 election cycle.

Louisiana: Like Alabama, Louisiana was under court order to redraw their map for purposes of creating another majority minority congressional seat. The court has given the legislature and its new governor, Republican Jeff Landry, until the end of this month to submit a new plan. It is likely that the two most affected Republicans will be Reps. Garret Graves (R-Baton Rouge) and Julia Letlow (R-Start). It is probable that Democrats will gain one seat in the Baton Rouge area once the final plan is completed and adopted.

New York: The New York congressional map has been returned to the New York State Independent Redistricting Commission for a redraw. The new map will require approval from the state legislature. This is the “wild card” plan for the 2024 election cycle. Most believe Democrats will make big gains, and the current map favors the party, yet their candidates could not deliver what was expected in 2022. Should some of the districts be made more Democratic, other marginal seats in the adjacent areas could become more Republican.

The areas most likely to be affected are Long Island, Brooklyn/Manhattan, the Hudson Valley, and the upstate area in and around Syracuse. Expect Democratic gains once the process is complete, but it is difficult to project just how many.

South Carolina: The US Supreme Court has heard oral arguments on a lawsuit challenging the 1st District (Rep. Nancy Mace-R) as a racial gerrymander. The high court ruling is pending. A decision for the plaintiffs could mean the loss of one Republican seat. Rejecting their claim would mean the current 6R-1D delegation map will likely stand throughout the remainder of the decade.

Wisconsin: During the Christmas break, the state Supreme Court ordered a redraw of the state Senate and Assembly boundaries but did not rule on the congressional map. Most expect the court to order a federal reconfiguration as well, but time is growing short. The Secretary of State has informed the court that new maps will have to be in place before March 15 in order to conduct 2024 elections. A new congressional map would likely mean a net gain of at least one seat for the Democrats.

Redistricting Update – Part II

By Jim Ellis — Wednesday, Oct. 4, 2023

House

A look at how things might play out in key states in the redistricting tug of wars

Five States Affected: Democrats Have Upper Hand — Today we conclude our two-part series on the current status of Round II redistricting. We now examine the affected states from North Carolina through Wisconsin.

• North Carolina: In what looks to be a strong new redistricting run for the Democrats in most of the other states, the North Carolina situation will mitigate some of the national Republican losses. North Carolina redistricting had been a virtual omnipresent issue throughout the previous decade, since we saw a new congressional map created in almost every election cycle.

The problem was largely politics. The state legislature alone controls redistricting (the North Carolina governor has no veto power over redistricting legislation), and the majority consistently held a different view of how districts should be drawn than did the Democratic state Supreme Court.

In the 2022 election, Republicans gained two seats on the seven-member judicial panel, thus turning a 4-3 deficit into a 5-2 majority. Now, seeing the legislature and judiciary largely on the same page as it relates to redistricting, it is very likely that the map legislators will draw in the next week or so will obtain the needed judicial approval. If so, such will be the final congressional redistricting map until the 2030 census.

It also appears that the legislature will return to the basic model that the Democratic Supreme Court failed to approve. Therefore, we can expect the current 7R-7D delegation map to probably end with 10 districts favoring Republicans and four trending Democratic.

Thus, Reps. Kathy Manning (D-Greensboro), Wiley Nickel (D-Cary), and Jeff Jackson (D-Charlotte) each could find themselves without a winnable district. Gaining three Republican seats in North Carolina would go a long way toward keeping the GOP in position to hold their slim US House majority.

• South Carolina: Soon after the first of this year, a federal three-judge panel declared the state’s Charleston anchored 1st Congressional District (Rep. Nancy Mace-R) to be an illegal racial gerrymander. This means the map drawers will likely add to the 1st African Americans from Rep. Jim Clyburn’s (D-Columbia) adjacent 6th District. This would make Rep. Mace more vulnerable to a Democratic candidate.

Nothing, however, has happened since the ruling, and it is unclear when the legislature will address the issue. Some movement is expected before the next election, but chances are strong that the legal challenges are not over.

Therefore, the Republicans may be able to delay long enough to push the final judicial decision, after the inevitable appeals are filed against whatever new map version is developed, until after the 2024 general election.

• Tennessee: A lawsuit claiming the new central Tennessee 5th Congressional District (Rep. Andy Ogles-R) is a partisan gerrymander is filed, but no judicial action has yet occurred. Even if the lower court rules in the plaintiffs’ favor, an appeal to the state Supreme Court will likely require more time than remains in the 2024 election cycle. Therefore, any change in the Tennessee map most likely will not happen until the 2026 election cycle.

• Texas: As in Tennessee, a lawsuit challenging the Texas map as a partisan gerrymander has been filed without seeing any judicial action. In this situation, regardless of how a lower court may rule, the Texas state Supreme Court would almost assuredly become involved. Therefore, it is probable that we will not see any substantive action changing the Texas congressional map in the 2024 election cycle.

• Wisconsin: The 6R-2D congressional map became a key point in the campaign to elect a new state Supreme Court Justice. Democrat Janet Protasiewicz won a seat on the high court, and her presence now gives her party a majority. She campaigned on what she sees as a Republican gerrymandered congressional map. The GOP filed a motion saying that she should be recused from hearing the 2023 redistricting because her stated campaign positions against the map demonstrates a preconceived bias. Predictably, the Supreme Court rejected the motion.

If the Democrats can get a map to the state Supreme Court, the result will almost assuredly be adverse for Republicans. The two most affected members will be those representing districts in the southern part of the state, Reps. Bryan Steil (R-Janesville) and Derrick Van Orden (R-Prairie du Chien/La Crosse).

One Democrat who may not be in favor of drawing a new map, however, is Sen. Tammy Baldwin. Currently, she is not being seriously challenged for re-election, but if a new map forces either Steil or Van Orden out of their districts, at least one would likely jump into the Senate race.

Chances are fair to good that the Democrats can force a new map to be drawn. The state has a late primary – August 13, 2024 – so time remains for a new redistricting plan to be enacted. If so, then count on seeing either Rep. Steil or Van Orden, or both, being displaced. This will likely mean one of the two enters the Senate race to challenge Baldwin. Though the GOP would sustain a US House loss, redistricting could ironically put the Wisconsin US Senate seat into play.