Florida Fair Districts Amendment: What is it and could the new map violate it?

Following the Florida legislature’s approval of Gov. Ron DeSantis’s congressional map, the Florida Fair Districts Amendment could become the focal point of what is bound to be a legal fight as we get close to the midterm elections. 

In 2010, voters approved the Fair Districts Amendments by nearly 63%, which established strict standards for redrawing political boundaries to prevent partisan gerrymandering and protect minority voting rights.

The constitutional amendment says no districts “…shall be drawn with the intent to favor or disfavor a political party or an incumbent…”

Shortly after DeSantis released his proposed map changes, Democrats called it unconstitutional.

“It is virtually impossible to see this as anything except another thinly veiled attempt to subvert the will of the voters and rig the midterm elections,” said state Rep. Fentrice Driskell, the Florida House Democratic leader.

“No matter what happens with this map in the coming days, it will probably end up in federal court somewhere and it will be challenged,” said Alex Penelas, NBC6 political analyst. 

Wednesday’s legislative approval of the governor’s congressional district map could significantly shift political power in the state — potentially handing Republicans up to four additional seats in the U.S. House and reshaping key districts in Central and South Florida.

“This fight is not over, and Florida Republicans can expect fierce legal challenges against this new gerrymander,” said John Bisognano, President of the National Democratic Redistricting Committee (NDRC).

But Republicans in the Florida legislature, some of whom voted in favor of the new maps, welcome the legal challenge. 

“I believe that this map is based on viable legal theories and will likely be upheld on a challenge,” said state Rep. Jenna Persons-Mulicka, a Republican of Fort Myers. 

WORDING IN CONSTITUTION: 

SECTION 20. Standards for establishing congressional district boundaries.—In establishing congressional district boundaries:

(a) No apportionment plan or individual district shall be drawn with the intent to favor or disfavor a political party or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and districts shall consist of contiguous territory.

(b) Unless compliance with the standards in this subsection conflicts with the standards in subsection ^{[1](a) or with federal law, districts shall be as nearly equal in population as is practicable; districts shall be compact; and districts shall, where feasible, utilize existing political and geographical boundaries.}

(c) The order in which the standards within subsections ^{[1](a) and (b) of this section are set forth shall not be read to establish any priority of one standard over the other within that subsection.}

Core Redistricting Standards

Under Article III, Sections 20 and 21 of the Florida Constitution, the following rules apply to state legislative and congressional maps: [1, 2, 3]

• No Partisan Intent: Districts cannot be drawn to intentionally favor or disfavor a political party or an incumbent. [1, 2]
• Minority Protections: Lines must not deny racial or language minorities equal opportunity to participate in politics or diminish their ability to elect representatives of their choice. [1, 2]
• Contiguity: Each district must consist of one continuous territory. [1, 2]
• Secondary Standards: Unless they conflict with the rules above, districts must also be compact, nearly equal in population, and utilize existing political or geographical boundaries (like city/county lines). [1, 2]