Florida judge declares DeSantis redistricting map unconstitutional

Published Sep. 4, 2023, 12:30 p.m. ET | Updated Sep. 4, 2023

Gov. Ron DeSantis campaigns for president in Iowa. (Video/Never Back Down)
Gov. Ron DeSantis campaigns for president in Iowa. (Video/Never Back Down)

Editor’s note: This story was updated to reflect the DeSantis administration’s appeal.

TALLAHASSEE, Fla. – A Florida judge ruled that Gov. Ron DeSantis’ redistricting map is unconstitutional and has directed it to be withdrawn.

In his ruling, Circuit Judge J. Lee Marsh declared the map reduces the ability of Black voters to pick a representative of their choice in North Florida, according to documents obtained by the New York Times.

“For those reasons, this Court will declare the enacted map unconstitutional and enjoin the Secretary of State from using that map in future congressional elections,” Marsh’s ruling said. “This Court will return the matter to the Legislature to enact a new map which complies with the Florida Constitution.”

“Under the stipulated facts, 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,” the judge said.

In siding with voting rights groups, Marsh instructed the Florida legislature to draw a new congressional map that abides by Florida’s Constitution. State leaders draw new congressional maps once every 10 years following a U.S. Census report.

Marsh dismissed the state’s argument that legal limitations in redistricting Black-dominated districts did not apply here because of the population being a plurality instead of a majority.

DeSantis’ administration appealed the ruling late Monday morning, according to documents obtained by Action News Jax.

DeSantis was previously criticized for drawing a new map that essentially erased Democratic U.S. Rep. Al Lawson’s district. The map carved up Lawson’s House District 5 and removed a large number of Black voters, resultingly shifting them into more conservative areas. The district encompassed Jacksonville to Tallahassee along with Florida’s northern border with Georgia.

Back in April, the majority-backed Florida Republican Senate approved DeSantis’ proposed congressional map in a 24-15 vote. DeSantis originally vetoed a map that the Republican controlled chambers passed, calling it “unlawful.”

The Florida House of Representatives later passed the new congressional map by a 68-38 vote.

The map then eliminated two districts, Districts 5 and District 10, that were drawn in favor of minority voters. Therefore, the map was configured to ultimately give Republicans 20 supportive districts.

At the time, Republicans argued the map was constitutional and avoided any racial gerrymandering. In their rebuttal, Democrats argued it disenfranchised Black voters and violated the Fair District amendment Florida voters passed back in 2010.

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