To Tallahassee and Back: Redistricting Then and Now
Every 10 years the Florida Legislature is tasked with redrawing the legislative and Congressional lines that define the districts of each member (known as reapportionment or redistricting). It is a daunting task to say the least.
In an age in which technology has advanced so much so quickly the opportunity for citizen involvement has been greatly enhanced, this reapportionment process had more citizen participation than any effort in the past.
As I mentioned in last week’s blog post, the number of state legislators does not change, only the number of people they represent.
The number of members who represent the state in Congress can change, based on the ever-evolving demographics of the country. Nationally, there continues to be 435 congressional representatives.
Based on the number of people who have moved from other states or new residents who have made Florida their home, Florida picked up two new seats in the nation’s capital. For the past 10 years, we have had 25 voices in the U.S. House of Representatives. We now have 27.
Florida, like all states, continues to have two United States Senators.
2002 was my first first-hand experience with the reapportionment process. It was a contentious time which followed the economic hardships caused by the terrorist attacks of September 11, 2001.
Florida, which relies heavily on tourism to keep the state’s coffers full, suffered a big economic loss that year. The pressures of cutting the state budget, which constitutionally must be a balanced budget, and the redrawing of the district lines, slowed the reapportionment process down considerably. It was not until the final day of session, literally the final hour, until an agreement was struck. I recall that as midnight of that final day approached, the concern was that if an agreement was not soon reached, the Legislature would most likely go into extended session. A collective sigh of relief could be heard throughout the Capitol building as the final maps were adopted with only minutes left on the clock.
In 2012, the Legislature is not in the same position. Although lawmakers must grapple with an ongoing economic downturn, the shortfall had been projected well in advance of the legislative session (unlike 2001-2002 which hit suddenly and in such a dramatic and tragic fashion).
Although the exact amount varies somewhat, it is projected that the fiscal year 2012-13 budget will be more than $1 billion less than this year’s $69.1 billion outlay. With the budget process moving along in a timely fashion, the 2012 Legislature has already completed its work, for the time being anyway, on reapportionment.
In 2010, during Florida’s last general election, voters adopted two amendments to the Florida Constitution, with about 63 percent of the vote, which require that state and federal seats be drawn to keep the interests of similar communities intact, as well as a requirement that district lines not be drawn to favor incumbent legislators.
During the latter part of 2011 the House and Senate members assigned to the respective reapportionment committees (state House, state Senate and Congressional), traveled the state and conducted many public hearings. Additionally, district map proposals from the general public were solicited and many were submitted through the Legislature’s computerized system created for that purpose.
The Florida Supreme Court is required to approve the maps by April 16, 2012. The legislature passed the final maps on February 9th. Constitutionally, Florida’s attorney general is given 15 days from final approval of the maps to file them with the court for review. This year, the attorney general filed the maps within one day of their passage. The Florida Supreme Court must respond within 30 days with a determination that the maps pass constitutional muster. The 30tth day happens to fall on the final day of the legislative session, which would, in concept, give the legislature time to adjust the maps if needed.
If the legislature is unable to fix any issue the court may order, a special reapportionment session must commence. Once Florida’s highest court signs off on the maps they are sent to the United States Attorney General (who then has 60 days to review and approve them). Barring any objections the maps must be finalized prior to the qualifying period for state and federal offices ( a time period which runs from June 4-8).
With the 2012 reapportionment process, at least for the time being, in the hands of the court, the Florida Legislature is turning its attention to completing the state’s budget through the House & Senate budget conference process, something which will be the subject of a future entry.
I welcome your questions about the legislative process. Please feel free to leave your questions in the comment section, or e-mail me directly, and I will answer them in an upcoming post.
Tallahassee and Back: Thoughts and Observations on how the legislative Process Affects You is an ongoing blog by State Sen. Mike Fasano's chief legislative aide.
Brian Corley
8:33 am on Friday, February 17, 2012
Great article-well done Greg! Brian E. Corley
Greg Giordano
9:41 am on Friday, February 17, 2012
Thanks, Brian! I appreciate the kind words of support!
Greg Giordano
10:43 am on Friday, February 17, 2012
UPDATE - On February 16, 2012, after this blog entry was posted, Governor Scott signed the Congressional redistricting plan into law. The state House and Senate redistricting maps still await Florida Supreme Court Action.
Torrey Craig
2:32 pm on Monday, February 20, 2012
Greg - With June 4th as a current qualifying date. Do you have any insights as to when the various reviews may ,,, might be finished by the different courts and or agencies? What is your thinking as to when the final maps will be set out?
Greg Giordano
9:24 am on Wednesday, February 22, 2012
Torrey,
Thank you very much for the question. With any court challenge there is plenty of room for conjecture so I will not even go down that path. However, the one thing that is certain is that the Florida Supreme Court must make its decision regarding the maps within 30 after having received them. That decision is whether or not the maps, as drawn, meet the spirit of the constitution. As you may know from media reports that various lawsuits were filed as soon as the legislative maps were approved by the legislature. It has been reported this week the the court has asked for additional information as it decides whether or not the maps do, in fact, meet the constitutional requirements that were imposed by voters in 2010 (with the adoption of the FAIR Districts Now amendments).
It has been widely speculated that challenges to Congressional seats may not be decided until the 2014 election cycle. If that is the case my guess would be that the 2012 election cycle would go forward with the maps as they were adopted this session. If the court were to change them the potentially new maps would be implemented in 2014.
I hope this information proves helpful. Thank you again for your excellent question!
Take care,
Greg
Greg Giordano
10:45 am on Friday, March 9, 2012
UPDATE - the Florida Supreme Court has just informed the Florida Legislature that the reapportionment plan for the Florida House of Representatives is constitutionally sound. The plan for the Florida Senate is not, which means that the legislature will have to redraw that map.
Torrey Craig
10:58 am on Friday, March 9, 2012
What are the next steps that will be taken and when? Did the Supreme Court provide any guidance or is it solely up to the Legislature. When will the new maps be prepared. Also what about the Congressional Districts and having them settled?
Greg Giordano
11:33 pm on Friday, March 9, 2012
UPDATE - it was just announced that the Florida Legislature must respond within 5 days to the court's rejection of the Senate reapportionment map. The governor has officially called the Legislature into special session beginning March 14 at 1:00 PM. Once the session has convened the reapportionment committee will begin its work redrawing the Senate maps as per the direction of the court. It is anticipated that during the week of March 19 th the committee will prepare new maps. When they are approved they will go before the full Senate for approval. Once passed out of the Senate, the House will then act on the newly proposed plan.
Greg Giordano
1:05 pm on Tuesday, March 13, 2012
UPDATE - On March 14 the special session, also known as the "Extraordinary Apportionment Session," will be called into order at 1:00 PM. Immediately following the convening of the special session the Senate Reapportionment Committee will meet to begin the process of complying with the Florida Supreme Court's order to redraw 8 of the 40 districts in the Florida Senate (district numbers 1,3,6,9,10,29,30 and 34). Additionally, the committee must propose a new numbering system for the districts.
On March 20 the Reapportionment Committee will return to work with the express purpose of adopting new maps that comply with the court's order. On March 22 & 23 the Senate will question, amend, debate and pass the newly drawn maps on to the House.
Since the House maps were accepted by the court, the House's only role in the process is to finalize the new maps created by the Senate. Once approved by both chambers the maps go to Florida's attorney general who will then petition the court asking for a "declaratory judgement" that the new maps are valid.
Greg Giordano
2:37 pm on Wednesday, March 14, 2012
UPDATE - the 15 day extraordinary session convened this afternoon, thus starting a 15 day clock to prepare a new Senate redistricting plan. The House and Senate adjourned shortly after convening, with the House not planning to return until the week of March 26 when it will vote on the Senate's plan. The authorization for the special session is scheduled to expire on March 28.
Greg Giordano
10:25 am on Thursday, March 15, 2012
UPDATE - thus far my updates have centered on the state House and Senate reapportionment maps. This week the legislature took its next step toward having the Congressional redistricting maps approved. On March 12 the U.S. Department of Justice was asked to expedite its ruling regarding whether or not the proposed maps comply with the federal Voting Rights Act. The legislature would like the maps approved in time for the qualifying period which is the week of June 4, 2012.
Greg Giordano
12:21 pm on Saturday, March 17, 2012
UPDATE - it has been announced that a circuit judge has set a hearing for the week of April 16 to review the various lawsuits filed regarding the Congressional maps.
Greg Giordano
11:27 am on Monday, March 19, 2012
UPDATE - the Senate Reapportionment Committee will meet tomorrow to consider the newly proposed Senate maps. The plan will include changes to the district lines identified by the Florida Supreme Court as deficient. Additionally, the plan will include a proposed district renumbering system. The original plan was flagged by the court because it appeared to favor incumbent lawmakers. If approved by teh committee, and House and Senate subsequently, the new districts will be numbered based on a random process that will be overseen by entity independent from the legislature.
Greg Giordano
12:12 pm on Wednesday, March 21, 2012
UPDATE - the Senate Reapportionment Committee has adjourned after two days of meetings. The committee has adopted a proposed solution to address the Supreme Court's concerns with the Florida Senate maps. The full Senate will reconvene tomorrow to debate the maps and the proposed district numbering plan. The numbering plan, and the method to number the districts, was agreed upon by the majority and minority leaders. In a lottery-style method the 40 district numbers were allocated. The reason the numbering is important is because even numbered seats are two-year terms while odd numbered seats are four-year terms. This allows the winner of an even numbered seat to serve the first two-year term and then serve two subsequent four-year terms if re-elected. The winner of an odd-numbered seat can only serve two consecutive four-year terms.
Greg Giordano
3:45 pm on Thursday, March 22, 2012
UPDATE - the Florida Senate just voted 31-6 to send its new and improved Senate reapportionment package to the Florida House for its approval. The House Redistricting Committee is scheduled to meet on March 26 and the full House will meet on March 27 at 1:00 PM to take up the plan. If it is adopted the work of the special session will be complete. The extraordinary session is set to expire on March 28.
Greg Giordano
7:10 pm on Sunday, April 1, 2012
UPDATE - the full House of Representatives met last week and signed off on the Senate's revised reapportionment plan. The new maps now go to the Florida Supreme Court for approval. The extraordinary session has ended. If the court does not approve the new maps there will not be a third try for the legislature. The court will take over the task of preparing the maps. Stay tuned for a report from the court...
Greg Giordano
10:17 am on Monday, April 2, 2012
UPDATE - the newly drawn Senate maps will have to pass U.S. Justice Department muster as well as Florida Supreme Court review. The plan was sent to the federal government on March 30. The House plan was sent earlier in the month (March 13). The reason the feds must review the maps is to ascertain that they comply with the federal Voting Rights Act. My previous post neglected to mention that step in the process. My apologies to all!
Greg Giordano
1:52 pm on Thursday, April 5, 2012
UPDATE Florida's attorney general sent the new Senate map to the Florida Supreme Court today for its review and approval.
Greg Giordano
3:46 pm on Monday, April 23, 2012
UPDATE - on April 20 the Florida Supreme Court heard oral arguments regarding the newly submitted Senate plan, 15 days after it was sent to the court. A ruling is expected in the early weeks of May..
Greg Giordano
11:46 am on Friday, April 27, 2012
UPDATE - the Florida Supreme Court released a statement that the new Florida Senate map has been deemed constitutionally valid, thus putting an end to the court's role at this point in the process.
Greg Giordano
10:36 am on Tuesday, May 1, 2012
UPDATE - the United States Department of Justice has precleared the legislative and congressional maps in re compliance with the federal Voting Rights Act. This means that the districts can be implemented.