Florida House Prepares to Gerrymander a Few More Seats in Hopes of Padding GOP’s Congressional Majority

The Florida Legislature appears to be on board with Gov. Ron DeSantis stated desire to convene a mid-decade redistricting process this year.

House Speaker Daniel Perez announced on Thursday that he is creating a Select Committee on Congressional Redistricting, with the goal of conducting hearings when the Legislature returns this fall for their already scheduled committee meetings.

“As many of you are aware, there are national conversations ongoing in other states related to midterm redistricting,” Perez wrote in a memo to members of the Florida House.

“Here in Florida, our state supreme court’s recent decision in Black Voters Matter Capacity Building Institute Inc. v. Secretary, Florida Department of State, raises important and distinct questions about the applicability and interpretation of certain provisions of the so-called “Fair Districts” provisions of the Florida Constitution and their intersection with Federal law.

“Exploring these questions now, at the mid-decade point, would potentially allow us to seek legal guidance from our supreme court without the uncertainty associated with deferring those questions until after the next decennial census and reapportionment.”

Republicans hold 20 of the 28 congressional seats in the Florida House of Representatives following the latest reapportionment in 2022. The Florida Supreme Court last month upheld DeSantis’ hand-crafted map that ultimately netted Florida four additional GOP seats and eliminated Black representation in North Florida.

Writing for the majority in that case, Chief Justice Carlos Muñiz concluded that legislators had a “superior” obligation to follow federal equal-protection law, and not the Fair Districts Amendments, which say districts can’t be drawn in a way that diminishes the ability of minorities to “elect representatives of their choice.” 

The Fair Districts Amendments were approved by 63% of the voters in 2010. (There were two separate amendments on the ballot — one regarding legislative redistricting and one for congressional redistricting). Moreover, a reapportionment plan or individual district cannot be drawn “with the intent to favor or disfavor a political party or incumbent.”

Orlando Democratic House Rep. Anna Eskamani called Perez’ memo “deeply troubling.”

“Redrawing Congressional maps outside of the standard post-census cycle threatens fair representation, undermines the intent of our democratic system, and risks silencing our diverse communities,” she said in a written statement.” We will do everything in our power to fight back on these efforts, reject partisan gerrymandering, and uphold the principles of transparency and equal justice for Florida voters.”

The idea of redistricting congressional seats in Florida was not on the minds of Florida legislators nor DeSantis when the legislative session took place this year, or even as recently as when the governor signed the budget at the end of June.

Texas begins the arms race

But that all changed after President Donald Trump, concerned Republicans could lose control of the House of Representatives after next year’s midterm elections, called on Texas Gov. Greg Abbott last month to add new GOP seats in his state in a rare mid-decade redistricting, which Abbott was initially opposed to doing, according to reporting by the Texas Tribune.

Once Abbott agreed to do that, however, the gears began working in other states — blue and red — to follow suit.

DeSantis publicly discussed the idea for the first time on July 22, saying during a press conference in Bradenton that he believes the state was “malapportioned.”

“So, I do think it would be appropriate to do a redistricting in the mid-decade,” he wondered aloud. “So, we’re working through what that would look like, but I can tell you, just look at how the population has shifted in different parts of the state over a four-to-five year period. It’s been really significant.”

DeSantis said the following week that the U.S. Department of Commerce had considering doing a mid-decade new Census count, something President Trump called for Thursday.

“I have instructed our Department of Commerce to immediately begin work on a new and highly accurate CENSUS based on modern day facts and figures, and, importantly, using the results and information gained from the Presidential Election of 2024, Trump wrote on Truth Social. “People who are in our Country illegally WILL NOT BE COUNTED IN THE CENSUS. Thank you for your attention to this matter,” the president added.

Genesis Robinson, executive director of Equal Ground, a Black-led voting organization, said the U.S. Census is “not a political tool for any administration to manipulate for partisan advantage.”

“For conservative states like Florida and Texas to stand by, waiting to seize on this unlawful order from their authoritarian-in-chief to upend our democracy, is shameful,” he added.

Governors in blue states such as California and New York have said they may call for their own redistricting to keep up with Republicans, creating an arms race of sorts when it comes to the mid-decade redistricting plans across the country.

Members considering a run for Congress need not apply

In his memo, Perez said he would not appoint to the select committee any member of the Florida House who has expressed an interest in running for Congress.

He added that while they are free to express their opinions on the issue, “statements about redistricting that suggest an intent to favor or disfavor an incumbent or political party, which is currently prohibited by the Florida Constitution, will also disqualify you from consideration.”

Members of the Florida House have until next Friday, Aug. 15, to email Perez indicating their interest in serving on the select committee.  There has been no word from the Florida Senate about a similar panel being convened there.

–Mitch Perry, Florida Phoenix