Litigation

 

The NRAF is committed to preventing and reversing unlawful district maps through legal action across the country to protect voting rights.


Michigan

Banerian v. Benson

The NRAF is supporting Michigan voters (the McKay Intervenors) who are moving to intervene as defendants to defend the congressional map drawn by the Michigan Independent Citizens Redistricting Commission against a lawsuit that was filed by right-wing attorneys on January 20th in federal court in the Western District of Michigan. 

The suit claims that the Michigan Commission – made up of citizens who spent months considering thousands of public comments from voters across the state – drew lines arbitrarily and inconsistently, so much so as to violate the U.S. Constitution. The suit also attacks the commission based on the map’s population deviations: the Commission’s congressional map hews closely to population equality (an ideal district of 775,000 people), but did not meet that goal exactly. 

The motion to intervene was accompanied by a proposed partial motion to dismiss and partial answer, filed February 2, 2022. The motion argues that the “arbitrariness” claim seeks to manufacture a federal claim out of a purported violation of state constitutional provisions, which are not even state law violations themselves. Because federal courts are prohibited from granting relief against state officials for state law claims, therefore, the claim must be dismissed.


Minnesota

State Legislature MapLegislative Map Supporting Brief

Congressional MapCongressional Map Supporting Brief

Sachs v. Simon

NRAF is supporting a group of individual voter-plaintiffs in Minnesota challenging its current legislative and congressional districts. The suit claims that Minnesota’s districts are unconstitutionally malapportioned in light of the 2020 Census results such that they cannot be used in any future election. Given the state of these districts, and the reasonable likelihood that the Minnesota legislature and governor will fail to enact lawful map plans in time for the 2022 election, the plaintiffs request that the Minnesota Supreme Court should order the appointment of a special redistricting panel to adjudicate this and any other challenges. The anticipated impasse between the legislative branch and the governor endangers Minnesotans right to cast a vote in the 2022 elections for Congress and the state house and Senate. The case was filed in state court in Ramsey County on April 26, 2021.


Ohio

Adams v. DeWine

NRAF is supporting a group of twelve Ohio voters who are challenging the state’s new congressional map. The complaint claims that the 2021 congressional plan – which was passed by the Ohio General Assembly with only Republican support and signed by Republican Governor Mike DeWine – violates Article XIX of the Ohio Constitution. Specifically, the complaint alleges that the map unduly favors the Republican Party and that the map unduly splits governmental units. The congressional map is a partisan gerrymander that violates both the letter and the spirit of the state’s 2018 reforms, making a mockery of the promise of fair representation in Ohio. 

The case was filed on November 22, 2021 as an original action to the Ohio Supreme Court. Plaintiffs are Ohio voters from across the state.


Bennett v. Ohio Redistricting Commission

NRAF is supporting a group of individual voter-plaintiffs in a petition to the Ohio Supreme Court challenging the state legislative maps adopted by the Ohio Redistricting Commission. The suit claims that the Commission’s state legislative plan violates Article XI of the Ohio Constitution. Specifically, the complaint alleges that the Ohio Redistricting Commission drew the state’s legislative maps primarily to favor the Republican Party, a violation of Article XI, section 6(a); and that the maps otherwise fail to meet the statewide partisan preferences standard set forth in Article XI, section 6(b). 

The case was filed in the Supreme Court of Ohio as an original action under the Ohio Constitution on September 24, 2021. Plaintiffs are Ohio voters from across the state. The Ohio Redistricting Commission and its individual members are the named defendants.


Texas

Voto Latino v. Scott

NRAF is supporting Voto Latino and a group of individual voter-plaintiffs in a lawsuit challenging Texas’s new congressional district map. The complaint alleges that the new congressional plan cracks and packs communities of color in Texas, resulting in a dilution of the electoral strength of the state’s Latino and Black residents in violation of Section 2 of the Voting Rights Act.

The suit was filed in the U.S. District Court for the Western District of Texas, Austin Division on October 25, 2021.


Colorado

In re Colorado Independent Congressional Redistricting Commission

All On The Line - Colorado submitted a brief to the Colorado Supreme Court regarding the congressional map recently approved by the Colorado Independent Congressional Redistricting Commission. The brief outlines that while the Commission drew a map accomplishing many of its goals, it relied on a flawed legal understanding of both the minority electoral influence and competitiveness provisions of the state constitution. 


Louisiana

English v. Ardoin

NRAF is supporting a group of individual voter-plaintiffs in Louisiana challenging its current congressional districts. The suit claims that Louisiana’s districts are unconstitutionally malapportioned in light of the 2020 Census results such that they cannot be used in any future election. Given the malapportioned state of these districts and the reasonable likelihood that the Louisiana legislature and Governor will fail to produce a lawful map in time for next year’s elections, the plaintiffs request that the court assume jurisdiction over congressional redistricting. The likelihood that the political branches will fail to enact a lawful congressional map that addresses the shifts in the population of the state threatens the rights of Louisianans to cast equal votes in the 2022 elections for Congress. The case was filed in the District Court for the Parish of Orleans on April 26, 2021.


Pennsylvania

Carter v. Degraffenreid

NRAF is supporting a group of individual voter-plaintiffs in Pennsylvania challenging its current congressional districts. The suit claims that Pennsylvania’s districts are unconstitutionally malapportioned in light of the 2020 Census results such that they cannot be used in any future election. Because Pennsylvania's legislative and executive branches have failed to enact a new, lawful map in time for next year’s elections, the plaintiffs request that the court step in to produce new congressional districts. Pennsylvanians must be able to cast an equal vote in the 2022 elections for Congress. The case was filed in the Commonwealth Court of Pennsylvania on December 17, 2021.