Judge Strikes Down Florida Congressional Map as ‘Unconstitutional’

A congressional map drawn by DeSantis has been rejected by a Florida judge who claimed it diminished black voters’ ability to vote.

Florida Gov. Ron DeSantis gives a press conference in Steinhatchee, Fla., on Aug. 31, 2023. Sean Rayford/Getty Images

A Florida judge struck down congressional district lines approved by Gov. Ron DeSantis, ruling that the map was “unconstitutional” as it diluted minority voting power in the region.

“This Court will declare the enacted map unconstitutional and enjoin the Secretary of State from using that map in future congressional elections,” said the Saturday ruling (pdf) by Circuit Judge J. Lee Marsh. The map will be returned to the Legislature for a redrawing as “plaintiffs have shown that the Enacted Plan results in the diminishment of black voters’ ability to elect their candidate of choice in violation of the Florida Constitution.”

Fair Districts Amendment, the violated section, states that lawmakers cannot redraw district maps, which diminishes minority voters’ ability to elect. In this case, the redrawal has affected a seat that was formerly held by Rep. Al Lawson, a black Democrat.

Mr. Lawson lost the district, which spans across Florida’s northern border with Georgia, in the 2022 midterm election following the redistricting process.

Plaintiffs include Black Voters Matter, Equal Ground, Florida Rising, and the League of Women Voters of Florida, who filed the case in April 2022, after Mr. DeSantis signed the new congressional maps into law.

According to the new map, the voting age black population in the four districts accounts for 23.1 percent, 15.9 percent, 31.7 percent and 12.8 percent of the population. Earlier, when Mr. Lawson held the district, it used to be 46.5 percent.

Mr. DeSantis had rejected two earlier maps passed by state lawmakers, with lawyers for both the Florida House and Senate conceding that the latest map did not meet constitutional requirements, said the ruling.

However, the Florida secretary of state did not concede “diminishment,” but the court found “the Secretary’s arguments on this matter are inconsistent with Florida Supreme Court precedent and consequently rejects them.”

The DeSantis administration is now expected to appeal the ruling all the way to the Florida Supreme Court.

“This is a significant victory in the fight for fair representation for black Floridians. As a result, the current discriminatory map should be replaced with a map that restores the Fifth Congressional District in a manner that gives black voters the opportunity to elect a candidate of their choice,” said Olivia Mendoza, director of litigation and policy for the National Redistricting Foundation, according to Politico.

Southern Districts

The ruling has dealt a blow to amended congressional maps in Southern states.

In June, a redistricting map in Alabama was overturned in a 5–4 vote by the U.S. Supreme Court (SCOTUS), which decided that the map violated the Voting Rights Act, and ordered the state Legislature to create a new map that included a majority-black district.

Shortly after the ruling in Alabama, SCOTUS removed a hold on a Louisiana political remap case, indicating that the GOP-dominated state will have to redraw district lines and accommodate a majority black congressional district.

The redistricting efforts and eventual outcomes will play a major role in next year’s congressional elections as it will decide which party controls the U.S. House of Representatives. Currently, Republicans control the House with 222 seats while Democrats have 213.

Following a census which happens every 10 years, lawmakers in all 50 states, including Florida, redraw political boundaries.

In the Florida case, Mr. DeSantis is accused of dividing a large number of black voters into conservative districts represented by white Republicans.

The Epoch Times has reached out to Mr. DeSantis’ office for comment.

Florida’s population of 22.2 million is 17 percent black. Under the new maps, an area stretching about 360 miles (579 kilometers) from the Alabama border to the Atlantic Ocean and south from the Georgia border to Orlando in central Florida is only represented by white members of Congress.

The Florida judge rejected defense arguments from Republican lawmakers that the state’s provision against weakening or eliminating minority-dominant districts violated the U.S. Constitution.

Judge Marsh wrote: “The court finds that defendants have not satisfied their burden in this case.”

The Associated Press contributed to the report.