By Jim Ellis — Monday, Aug. 4, 2025
Redistricting
A look at how things might play out in the redistricting tug of wars
With the redistricting bill on the floor of the Texas House of Representatives for debate as early as this afternoon, a map that could add several seats to the Lone Star State’s Republican delegation could pass into law. Reports suggest that enough Democrats have already bolted to Illinois in order to break the quorum and freeze the legislature from acting. It will be confirmed once the session begins. The Democrats will need a minimum 51 of their 62 House members to not attend in order break the two-thirds quorum rule.
The escape move has been tried over the years but merely prolongs the process because the Governor can simply call additional 30-day special sessions. At some point the members will return home. Therefore, in delaying the process, the stunt has probably increased chances for eventual final passage because Republicans will be more united.
Soon, the Ohio legislature will begin their own redistricting process in order to comply with state law. Under the Buckeye State redistricting procedure, any plan that does not pass the legislature with at least a three-fifths vote in each chamber, to assure bipartisan concurrence, can only be in effect for two election cycles. The 2021 congressional map passed with only majority support; therefore, it could stand for only the 2022 and 2024 elections. This means the state must put a new plan in place for the 2026 election and beyond.
In response to the occurring action, California Gov. Gavin Newsom (D) and Sen. Alex Padilla (D-CA) have both threatened that California could counter the Texas and Ohio action with their own redraw and urges other Democratic controlled states to do the same.
Setting the record straight, neither Texas nor Ohio is entering into a mid-decade redistricting merely for partisan purposes. The US Justice Department sent a letter to Texas Gov. Greg Abbott (R) and Secretary of State Jane Nelson (R) informing them that some of the state’s congressional districts are illegal based upon a recent en banc US 5th Circuit Appellate Court ruling that affirmed a three judge federal panel’s initial decision.
Naturally, the Republicans will use the Texas and Ohio situations to improve their partisan standing, but is the Newsom-Padilla retaliation threat probable or even realistic? Chances are, no.
To even think about launching a mid-decade redistricting effort, a state realistically must have a trifecta, meaning one party controls both state legislative chambers and the Governor’s office. Under current state party division ratios, Republicans have 23 trifectas and Democrats’ 15.
Therefore, let’s look at where the Democrats could realistically counter the future Texas and Ohio maps with a more partisan congressional redistricting plan from their universe of 15 states.
In seven of these places, Connecticut, Delaware, Hawaii, Maine, Massachusetts, New Mexico, and Rhode Island, the Democrats already hold every congressional seat, so no new map could improve upon their current standing.
In three more states — Newsom and Padilla’s own California, Colorado — as well as New York, the legislature does not have the power to redraw districts. Citizens’ commissions were created through ballot proposition to handle redistricting.
In two more Democratic trifecta states, New Jersey and Washington, the redistricting process must begin before a specified commission of elected officials or those whom elected or political party officers appoint.
In the Commission states, the legislature and Governor would have to take action to eliminate the current structure in order to move forward on a new redistricting plan. In most instances, that would require a vote of the people since a ballot proposition is typically the way these panels came into existence.
In California’s case, the Governor has said he would ask the legislature to adopt an emergency measure so he could call a special election. The people would then have to reject their previous vote and eliminate the commission process thus returning redistricting power to the legislature and Governor. Only then could redistricting begin the way Newsom and Padilla are suggesting. Clearly, this would be time consuming and a tall order.
Looking at Colorado, the commission process has arguably performed as the best in the nation. Furthermore, the elimination steps would even be more difficult here because the state Supreme Court is a part of the official redistricting process. Not only would a proposition vote be needed to eliminate the citizens commission, it would also have to remove the state Supreme Court from having final approval power.
It is unrealistic that Gov. Jared Polis (D) would initiate such a move, especially when the various Colorado redistricting commissions experienced very little controversy during their initial cycle in 2021.
Thus, in only three of the Democratic controlled states, Illinois, Maryland, and Oregon, could the party leaders move forward with introducing new map legislation, but even in these places it would be a difficult call.
Many people believe that Illinois has already enacted the most gerrymandered map in the country, as Republicans are relegated to only three of 17 seats. Considering President Trump received 43.5 percent of the 2024 Illinois presidential vote, it is difficult to see how a new map could take even more seats from the Republicans when they only control 18 percent of the districts and none north of Peoria.
The Maryland and Oregon congressional maps only allow the Republicans one seat in each state, so like in Illinois, it is difficult to see how either place can produce a more Democratic map. In Maryland, President Trump received 34 percent of the vote, yet Republicans have just 12.5 percent of the congressional seats. The situation is similar in Oregon. In 2024, President Trump garnered 41 percent of the vote, but the GOP controls just 17 percent of the Beaver State congressional seats.
Even if California could redraw, they would find themselves in a similar situation to that of Illinois, Maryland, and Oregon. The Golden State has 52 congressional districts and Republicans hold only nine seats. President Trump received 38 percent of the 2024 vote, and the Republican challenger to Gov. Newsom in 2022, then-state Sen. Brian Dahle, attracted 41 percent support. Yet the GOP is relegated to only 17 percent of the seats.
Therefore, it is difficult to see how the Democrats could improve their allotment of congressional seats in these places without beginning to endanger some of their current incumbents who would be left with more competitive districts; hence, they would risk opening a political Pandora’s Box.
Certainly, the Texas Democrats’ action will prolong, but not necessarily end, the current redistricting situation. We await the principals’ next moves.