ORLANDO, Fla. (AP) — Florida Gov. Ron DeSantis does not have the authority to call a special session to redraw Florida’s congressional maps mid-decade because that authority belongs to lawmakers, according to a lawsuit filed Thursday.
The Republican governor last month violated the Florida Constitution’s “separation of powers principle” by announcing a special session in April to draw new congressional districts, according to a lawsuit filed with the Florida Supreme Court backed by the voting rights group the National Redistricting Foundation.
DeSantis’ announcement plunges Florida into a redistricting arms race with states that are redistricting mid-decade. Currently, 20 of Florida’s 28 congressional seats are held by Republicans.
The redrawing of Florida’s congressional districts in favor of Republicans could have a major impact on President Donald Trump’s plan to reshape the Republican-led state’s congressional districts, potentially giving Republicans a chance to win more seats in the midterm elections and retain control of the closely divided U.S. House of Representatives.
Nationally, the unusual mid-decade redistricting battles have so far led Republicans to believe they can win a total of nine seats in Texas, Missouri, North Carolina and Ohio, while Democrats are expected to win a total of six seats in California and Utah, giving Republicans a three-seat lead. But redistricting is being litigated in some states, and there’s no guarantee that parties will win seats if the maps last until 2026.
In 2010, more than 60 percent of Florida voters approved a constitutional amendment that prohibits drawing district boundaries to unfairly favor one party, a process known as gerrymandering. However, the Florida Supreme Court last July upheld a congressional map pushed by DeSantis that critics said violated the Fair Districts Amendment.
The lawsuit was filed against DeSantis and Florida Secretary of State Cord Byrd, who issued a directive to county election supervisors to enforce rules used only in redistricting years in Florida. The lawsuit requires DeSantis to prove he has the authority to call a special redistricting meeting and, if he is unable to do so, declare his redistricting proclamation unenforceable.
“The decision as to whether and when to reapportion Florida’s congressional districts belongs to the Legislature,” the lawsuit states. “While the Governor has the authority to call special sessions, he does not have the authority to bind the Legislature to achieve his preferred policy goals by engaging in legally unnecessary reapportionments.”
DeSantis’ office did not respond to an email inquiry seeking comment.
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