The state is expected to appeal a Florida judge’s decision that a recent congressional redistricting plan violated the Florida Constitution by impeding Black voters in North Florida from electing representatives of their choice.
“The matter of congressional redistricting is RETURNED to Defendants House of Representative and Senate to enact a remedial map in compliance with Article III, Section 20 of the Florida Constitution,” wrote Leon County Circuit Judge J. Lee Marsh in his Sept. 2 order. “The Enacted Plan is DECLARED an unconstitutional violation of the Florida Constitution, Article III, Section 20.”
Equal Ground, Florida Rising joined the League of Women Voters of Florida in suing the state last April in the Second Judicial Circuit Court of Leon County after Gov. Ron DeSantis enacted the Congressional maps into law.
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| Florida Rising
Defendants include Secretary of State Cord Byrd, the Florida Senate and the Florida House.
"We're hoping the Florida Supreme Court not only upholds Judge Marsh's order, but also upholds what's right as far as democracy is concerned," said Moné Holder, senior director of advocacy and programs with Florida Rising. "I think it's pretty clear what has happened here. The court ruled in the right direction, obviously, and we're just hoping that it sets precedent for redistricting in the years to come."
The plaintiffs, including Florida Rising, accuse DeSantis of inserting himself in the process of redistricting maps in a way that is overbearing and illegal.
“There were sets of maps that the legislature proposed but the governor refused to support those and instead had new maps drawn, in which he pretty much bullied the legislature into passing and these maps ultimately violated Fair Districts and diminished Black representation,” Holder told the Florida Record.
Under Fair Districts Amendment, lawmakers are prohibited from redesigning district maps in a way that reduces the established influence of minority voters in the elective process.
“In North Florida, over 10 years, they have elected Black representatives,” said Cecile Scoon, co-president of the League of Women Voters of Florida. “That was established. So, the first part of Fair Districts Amendment says you can't make it smaller when you're redistricting but the governor went in and sliced it up in three parts, which lessened the power and voice of minority residents.”
In his order, Judge Marsh enjoined Byrd from implementing, enforcing, or giving any effect to the enacted maps and from conducting any elections for U.S. Congress with the returned maps.
"Defendants cannot assert a racial gerrymandering defense under federal law and then cherrypick which elements of the racial gerrymandering inquiry apply," Marsh stated.