Florida Gov. Ron DeSantis is under pressure from national Republicans to redraw the state's congressional map to gain more seats, but the effort faces significant legal hurdles due to Florida's constitutional ban on partisan gerrymandering. Unlike most states, Florida's constitution explicitly prohibits drawing districts to favor a political party, a practice that President Donald Trump has urged GOP states to adopt to maintain House control.
Legal Challenges Ahead
Amy Keith, state director of Common Cause Florida, which helped pass the Fair Districts Amendments 16 years ago, said the push is illegal. "This should not be happening at all. It is fully illegal. We are wasting time, money and effort on something that's illegal that people don't want," she said. DeSantis has offered various rationales, including a claim that a new map is needed due to an undercount in the 2020 Census. A top Florida Republican, speaking anonymously, dismissed this as "him blathering."
National Pressure
Trump allies continue to urge action despite the constitutional prohibition. House Speaker Mike Johnson said Florida has the right to redraw maps. Podcaster Benny Johnson wrote on social media that Republicans should secure five additional seats. However, a pro-Trump consultant said five seats are a stretch, adding that two to three might be possible legally.
Dan Gelber, a former Democratic state lawmaker who successfully sued over a previous map, said Republicans are disregarding the constitution. Marc Elias, a Democratic elections lawyer, vowed to sue quickly if an illegal map is passed, promising relief for 2026.
Historical Context
In 2010, Florida voters approved the Fair Districts Amendments banning partisan gerrymandering. In 2012, the GOP-led legislature passed a map favoring Republicans, leading to a lawsuit. The Florida Supreme Court ruled in 2015 that the map showed "unconstitutional intent to favor the Republican Party." A court-drawn map resulted in a more balanced delegation.
State Senate President Ben Albritton warned lawmakers to keep quiet about motivations, citing potential legal discovery. DeSantis reportedly hopes to stonewall legal action by limiting discussions and asserting executive privilege, but the Florida Supreme Court previously rejected similar claims.
DeSantis' 2022 Map
DeSantis drew a map in 2022 that gave Republicans a 20-8 advantage, up from the legislature's proposed 18-10 map. That map survived a legal challenge focused on racial gerrymandering, not partisan intent. Some Republicans believe the current court, with DeSantis-appointed justices, will uphold a new map. However, legal experts say the 2022 ruling did not address partisanship.
Rick Wilson, a longtime Republican consultant, said lawmakers have little interest in the issue, especially with Trump polling poorly. "There's a chill in the air now. It is striking everyone as very bad mojo," he said.
