“Gov. DeSantis exceeded his constitutional authority by usurping a core legislative responsibility in service of his desire to enact a mid-decade gerrymander,” said National Redistricting Foundation executive director Marina Jenkins.
A recently-filed lawsuit claims that Florida Gov. Ron DeSantis lacks the authority to call a special legislative session to redraw the state’s electoral map.
According to PBS, the lawsuit argues that DeSantis’s call for gerrymandered maps most likely violates the “separation of powers” doctrine of the Florida Constitution. Furthermore, if the new maps favor the Republican Party, they could prevent Democrats from regaining control of the U.S. House of Representatives in the midterm election.
“Gov. DeSantis exceeded his constitutional authority by usurping a core legislative responsibility in service of his desire to enact a mid-decade gerrymander,” said National Redistricting Foundation executive director Marina Jenkins. “The Florida Constitution is clear, the Legislature is the branch of government that is responsible for redistricting.”
The lawsuit was filed on behalf of two Florida residents, supported by the National Redistricting Foundation. It names DeSantis and Florida Secretary of State Cord Byrd as defendants.
Byrd, notes PBS, recently issued a directive to county supervisors instructing them to implement rules used only in years when Florida districts are redrawn. The lawsuit asks the DeSantis administration to prove that it has the authority to call for a special redistricting session. If DeSantis is unable to do so, the suit says, the court should find the redistricting proclamation unlawful and unenforceable.
“The decision over whether and when to reapportion Florida’s congressional districts belongs to the Legislature,” the lawsuit alleges. “While the Governor is entitled to call for a special session, he has no power to bind the Legislature into carrying out his preferred policy objectives by undergoing a legally unnecessary reapportionment.”
The DeSantis administration has yet to comment on the lawsuit, but the governor’s office earlier noted that its redistricting plan could be affected by the outcome of a related lawsuit originally filed in Louisiana. In that case, the U.S. Supreme Court is expected to rule on the legality of using racial metrics in the creation and revision of congressional districts.
“I have a very high degree of confidence that at least one or two of those districts on our current map are going to be implicated by this Supreme Court decision,” DeSantis said in January.
Sources
Florida push for mid-decade redistricting draws its first lawsuit
Lawsuit challenges DeSantis’ authority to call special session for redistricting
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