Case Summary
The League of Women Voters of Florida filed a lawsuit asserting that the Florida’s state legislature’s proposed 2010 congressional maps violated Florida’s Fair Districts Amendments. The amendments prohibit drawing district lines to favor incumbents or political parties.
In November 2010, Florida voters passed Amendments 5 and 6 (Fair District Amendments), amending the state constitution to ban partisan gerrymandering. The amendments changed the state constitution to require districts to have relatively equal populations and use “city, county and geographical boundaries” as references for drawing the state legislative and congressional district boundaries. The amendments included a provision specifically to protect the representation of voters of color in the redistricting process. The amendments faced heavy opposition from state and Florida congressional leaders in Florida, were challenged in court, and eventually upheld.
On February 9, 2012, the League of Women Voters of Florida (LWVFL), Common Cause, the NAACP, and several Florida voters in affected congressional districts filed a lawsuit in the Circuit Court of the Second Judicial District in Leon County against Ken Detzner, then Florida’s Secretary of State, and Pam Bondi, then Attorney General of Florida, in their official capacities. The plaintiffs argued that the new congressional maps passed after the 2010 Census violated Article III, Section 20 of the Florida Constitution. This provision was added to the state constitution following the passage of Amendment 6 in 2010. This amendment requires the state legislature to use fair, neutral standards when redrawing congressional district lines.
LWVFL alleged that congressional districts 5, 10, 13, and 14 were intentionally drawn to favor the Republican Party, with a greater disparity in favor of the Republicans than in the previous decade’s congressional maps. They also claimed the new map illegally diminished the voting power of voters of color and language minorities; created non-compact districts; and did not respect existing municipal, county, and geographical boundaries. The plaintiffs asked the court to void the 2012 congressional map and bar future elections using the challenged districts. They also requested the creation of a new, constitutionally compliant congressional map.
On July 10, 2014, after several years of litigation, the district court found that the challenged congressional district plan was unconstitutional. Specifically, Judge Terry P. Lewis found that districts 5 and 10 were drawn in contravention of the Florida Constitution. However, Judge Lewis ruled that districts 13 and 14 did not violate the state constitution. As part of this ruling Judge Lewis approved a remedial map that the Florida legislature had adopted in a special session prior to his ruling. This map was based off the gerrymandered 2002 congressional map.
Plaintiffs appealed Judge Lewis’ ruling and his order to the First District Court of Appeal of Florida, asking for certification of the judgment for direct review by the Supreme Court of Florida. The appellate court granted the certification, finding that the case required immediate consideration.
Outcome: After nearly a year of deliberation, on July 9, 2015, in a 5-2 decision, Florida’s Supreme Court affirmed the trial court’s finding that the 2012 congressional map was “tainted” by unconstitutional intent to favor the Republican Party and incumbent lawmakers. The state supreme court remanded the case to the circuit court for it to order the legislature to redraw congressional districts 5, 13, 14, 21, 22, 25, 26, and 27 pursuant to the guidelines it provided. These guidelines included conducting all meetings for decision-making on a new map in public for transparency, allowing challengers to submit alternative maps and testimony for consideration, preserving all e-mails and documents related to the redrawing of the map, and to publicly document the justifications for its chosen reconfiguration of the eight redrawn congressional districts. Subsequently, a new, constitutional congressional map was adopted and used for the 2016, 2018, and 2020 elections.
LWV Timeline
Plaintiffs file lawsuit
LWVFL and co-plaintiffs file a complaint against the Florida legislature, alleging that the legislature violated the Florida Constitution with an unconstitutional partisan gerrymander. The complaint requests the court require the Florida legislature adopt a new map in line with the state constitution.
LWVFL moves for a preliminary injunction
LWVFL files a motion for summary judgment, or alternatively, for preliminary injunctive relief. This motion requests the court rule in favor of the League and invalidate the Florida legislature’s allegedly illegal congressional maps, or at least not allow them to go into effect.
LWVFL files amended complaint
Plaintiffs file a first amended complaint, asserting the legislature's newly enacted congressional plan violated the Florida Supreme Court's guidance on drawing districts compliant with the amendments.
Circuit court denies plaintiffs’ motion for summary judgment
The circuit court denies LWVFL’s motion for summary judgment, allowing the congressional map to be used in the 2014 election. The court also denies the plaintiffs' request for a temporary injunction.
Circuit court declares 2012 congressional maps are unconstitutional
The circuit court finds that Florida’s 2012 congressional maps are unconstitutional. The court’s ruling strikes down congressional districts 5 and 10 and orders the legislature to draft a map that follows the guidelines set in the ruling. However, the ruling allowed the invalidated map to be used for the 2014 election.
Circuit court approves Florida legislature’s remedial redistricting plan
The circuit court approves the Florida legislature’s remedial congressional map, finding it complies with the state constitution’s requirements.
LWVFL appeals trial court’s approval of remedial redistricting plan
LWVFL appeals the lower court’s approval of the remedial redistricting plan, alleging that it is still unconstitutional and based on previous maps that were struck down as illegal.
First District Court of Appeal certifies case for state supreme court
The First District Court of Appeal sends the case directly to the Florida Supreme Court for a decision due to the substantive nature of the issue and need for a final ruling before the 2016 election.
Florida Supreme Court issues ruling
The Florida Supreme Court reverses the circuit court's order approving the legislature’s remedial map. The state supreme court’s ruling requires the legislature to develop a new congressional map according to its prescribed guidelines within a deadline to assure that the map is implemented in time for the 2016 election.