John,

Happy December! We’re seeing the pre-holiday rush not only in our local shops, but in federal and state courts as well. From Washington to Ohio, courts are weighing in on redistricting lawsuits, moving quickly to ensure fair maps are in place in time for the 2022 elections.

Washington Supreme Court Adopts New Maps
The Washington State Redistricting Commission passed new maps by its midnight deadline on Nov. 15, but confusion arose around if the Commission had actually sent the maps to lawmakers on time. Under state law, if the Commission fails to complete its work by the deadline, redistricting responsibility falls to the state Supreme Court. Nonetheless, the Commission sent its maps to the court, urging the justices to adopt its plans.

Last Friday, the Washington Supreme Court unanimously ruled to adopt the Commission’s legislative and congressional maps, declining to take over the map-drawing process. “The order did acknowledge that the Commission was not faultless, but ruled that the Commission ‘met the constitutional deadline and substantially complied with the statutory deadline to transmit the matter to the legislature.’” Read the full alert here. [link removed]

Litigation Moving Quickly in North Carolina

Last Friday, a three-judge panel in a trial court declined to grant a preliminary injunction in North Carolina League of Conservation Voters (NCLCV) v. Hall and Harper v. Hall, meaning that the challenged state and congressional maps can be used in elections as litigation continues. Both sets of plaintiffs immediately appealed, with the NCLCV plaintiffs asking the North Carolina Court of Appeals to “temporarily stay the candidate-filing period for all offices until the Court rules on this petition.” [link removed]
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On Monday, the court of appeals granted the NCLCV plaintiffs’ motion for a temporary stay, or pause, soon before the candidate filing period was set to open at noon. Later that day, the full North Carolina Court of Appeals reversed the decision, allowing candidate filings to begin. Read the full alert here. [link removed]

Plaintiffs have once again appealed the court of appeals decision, asking the North Carolina Supreme Court to reinstate the stay on the filing period. The Harper plaintiffs are also asking the state Supreme Court to take over the case and grant relief. More North Carolina redistricting litigation decisions are expected, so keep an eye on our Alerts page [[link removed]] or follow our Twitter [[link removed]] for updates.

Department of Justice Sues Texas Over New Maps
On Monday, the U.S. Department of Justice filed a lawsuit against Texas over its new state House and congressional maps. Attorney General Merrick Garland noted that this is the first round of redistricting without Section 5 of the Voting Rights Act (VRA) after the U.S. Supreme Court gutted it in 2013. “Section 5 required Texas, which has a long history of enacting redistricting plans that violate the VRA, to obtain federal approval before any new maps went into effect. With Section 5 no longer in place, the Department of Justice is filing this suit under Section 2 of the VRA…” Read more about the DOJ lawsuit here. [link removed]

There are already seven other lawsuits in Texas — six in federal court, one in state court — challenging the Lone Star State’s redistricting maps. Last Friday, a Texas court rejected Gov. Greg Abbott (R) and Deputy Secretary of State Jose Esparza's (R) request to dismiss the cases. The legal fight for fair maps in Texas continues. [link removed]

Just in: Today, the Democratic Party of Virginia (DPVA) and the Democratic Congressional Campaign Committee (DCCC) filed a lawsuit in federal court challenging two of Virginia’s election laws that outline registration requirements and how absentee ballots are cured. Learn more about the lawsuit here. [link removed]

And, don’t forget about Ohio — oral arguments for three legislative redistricting cases will be held before the state Supreme Court tomorrow, Dec. 8. Read our latest Case Watch, “Fighting Partisan Gerrymandering in Ohio,” to learn about the cases and keep an eye on the page for live updates from the courtroom. [link removed]

Can’t get enough news? You can always find more details about these updates on our Alerts page. [link removed]

Thanks for staying in the fight,
Team Democracy Docket



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