Please ensure Javascript is enabled for purposes of website accessibility Supreme Court and Partisanship Prevent Mid-decade Gerrymandering

Supreme Court and Partisanship Prevent Mid-decade Gerrymandering

 

Dear Friends,

 

Over the past few months, a number of you have reached out to me regarding gerrymandering – some asking whether Pennsylvania’s congressional maps can be pushed toward one political persuasion or another, and some asking what will preserve the integrity of Pennsylvania’s legislative maps. I believe that the interest you have expressed on this issue is tied to President Trump’s request that certain states redraw their congressional maps to create more Republican seats.

 

I want to start by saying that I personally believe that gerrymandering – putting one’s finger on the electoral scale for partisan reasons – is wrong. Yet, in an unprecedented move, some states are adopting mid-decade congressional redistricting efforts to influence the outcome of the 2026 congressional elections. I am deeply troubled by these efforts and concerned about the lasting effects on what were considered the norms of our political system and the strength of our democracy, the foundation of which relies on free and fair elections. In delivering a healthy democracy, there is no place for partisanship or political gamesmanship. Corrupting the process can corrupt the results.

 

Every ten years, following the federal decennial census, all federal and state election district boundaries must be redrawn or updated. This requirement is rooted in the U.S. Constitution and has been shaped over time by court decisions and state laws. Redistricting begins once the new census data is provided to the states, typically in the year ending in one.

 

Throughout the decade, redistricting may also occur in response to court rulings. When a court finds that a district map violates state or federal law, it can reject the map and order the legislature, redistricting commission, or other governing body to create a new one.  We saw this in Pennsylvania when the Pennsylvania Supreme Court ruled that the 2011 congressional maps were regarded as some of the most politically gerrymandered in the country, violated the Pennsylvania Constitution.  The majority opinion stated “[a]n election corrupted by extensive, sophisticated gerrymandering and partisan dilution of votes is not ‘free and equal.’”  The Court went on to say, “[b]y placing voters preferring one party’s candidates in districts where their votes are wasted on candidates likely to lose (cracking), or by placing such voters in districts where their votes are cast for candidates destined to win (packing), the non-favored party’s votes are diluted. It is axiomatic that a diluted vote is not an equal vote, as all voters do not have an equal opportunity to translate their votes into representation. This is the antithesis of a healthy representative democracy. Indeed, for our form of government to operate as intended, each and every Pennsylvania voter must have the same free and equal opportunity to select his or her representatives.”

 

Here is the former Congressional District 7 that the Pennsylvania Supreme Court found unconstitutional:

Here are the districts after they were redrawn:

In recent decades, some states have redrawn their maps multiple times within a decade, even without court orders. A small number of states explicitly forbid redistricting outside the regular cycle, while an even smaller group expressly permits it. These rules are usually outlined in state constitutions but can also come from statutes or judicial decisions.

 

The recent federal push for mid-decade redistricting was instigated by Texas, at the request of President Trump, to add five Republican seats to help preserve the Republican majority in the U.S. House of Representatives. During Texas’ debate on the issue, California – which actually has an independent redistricting commission – said it would redraw its own maps to undermine the five-seat gain caused by Texas’ changes. The new California maps will need to be approved by voters in a special election because the state’s nonpartisan commission is intended to avoid the partisanship we are seeing playing out. Missouri has passed a new map that consolidated two historically Democratic seats into one in order to add a Republican seat.

Court cases in Utah, Louisiana, and Ohio require those states to draw new maps. Kansas Republicans, who hold a supermajority in the state’s Legislature, have been gathering petition signatures from colleagues in an attempt to call a special session on congressional redistricting in November to add an additional Republican seat. After a meeting with President Trump, Indiana’s legislative leaders and Governor Mike Braun said that a legislative session on redistricting probably will happen once the Governor is sure the measure will pass. Maryland Democratic state lawmakers said they will file redistricting legislation for the 2026 session, and Democratic Gov. Wes Moore commented, “If we are going to have states in mid-cycle, in mid-decade, determining whether or not they have fair maps or not, then so will Maryland. Then, we should have that conversation, too.” Officials in Florida, Illinois, and New York have discussed redrawing U.S. House districts. New York, however, can’t draw new maps until 2028, and even then, only with voter approval. More Democratic-run states have independent redistricting commissions, limiting their ability, compared with Republican-led states, to gerrymander in this way.

 

While the actual and proposed gerrymandering plans have faced public criticism, they do not violate the U.S. Constitution or any federal law. States have broad discretion over how and when they redraw their maps, and federal courts may only intervene in cases involving racial gerrymandering – not partisan gerrymandering.

 

Many states do have laws regarding when and how redistricting occurs, but it appears that some of the politics around the current push seek to circumvent those laws.  There also appears to be a distinction between state House and Senate redistricting and federal House redistricting.

 

While Article II, Section 17 of the Pennsylvania Constitution mandates:

 

“In each year following the year of the Federal decennial census, a Legislative Reapportionment Commission shall be constituted for the purpose of reapportioning the Commonwealth… The reapportionment plan shall have the force of law and the districts therein provided shall be used thereafter in elections to the General Assembly until the next reapportionment as required under this section 17.”

 

Congressional districts are not drawn by the Legislative Reapportionment Commission. Instead, they are drawn by the General Assembly, and the governor may veto the maps. In the 2020 redistricting cycle, Governor Wolf vetoed the General Assembly’s congressional plan. The General Assembly failed to override the veto and did not have a new congressional plan, leading to the Pennsylvania Supreme Court drawing the maps, avoiding another “Goofy Kicking Donald” gerrymandering situation. In our commonwealth, the redistricting process for state legislative districts differs from the redistricting process for congressional districts.

 

So, to answer the question a number of you proposed to me, yes, mid-decade redistricting could occur in Pennsylvania.  From a practical standpoint however, it is unlikely given the partisan divide in the state legislature.

 

Given the growing trend of mid-decade redistricting efforts across the country – often driven by partisan goals rather than legal necessity – I remain deeply concerned about the long-term consequences for representative democracy. Gerrymandering undermines the foundational principle that every voter’s voice should carry equal weight. When district lines are manipulated to predetermine outcomes, faith in our electoral system erodes, and the will of the people is distorted. While Pennsylvania has some safeguards in place both through our Supreme Court and Constitution, particularly for legislative redistricting, the congressional process remains vulnerable to political influence. I will continue monitoring this issue closely and promise to keep you informed of any developments related to redistricting in Pennsylvania. Your engagement and vigilance are critical in ensuring that our elections remain fair, competitive, and truly reflective of the people’s will.

 

 

PUBLIC SERVICE ANNOUNCEMENT

FROM MONTGOMERY COUNTY DEPT.  OF PUBLIC SAFETY

As part of the US Navy and Marine Corps 250th anniversary celebration, military aircraft will be performing ceremonial flyovers at low altitude in our area this weekend (Saturday 10/11, Sunday 10/12, and Monday 10/13). Current plans call for multiple rounds of flyovers each day: late morning, midday, and early afternoon.

 

Aircraft will likely be visible in central, eastern, and southern Montgomery County, as well as across the region. Please do not call 9-1-1 to report these flyovers.

 

 

Office Closed Monday, October 13

 

 

Thank you to the Women's Center of Montgomery County

Thank you to the Women's Center of Montgomery County for taking the time to train my office staff on how to better assist constituents dealing with issues related to domestic violence. The training session provided invaluable information as well as resources.  Below are two graphics that offer prevention tips and insight into domestic violence victims.

 

If you or someone you know needs support or is experiencing abuse, please reach out to the 24/7 hotline at 800-773-2424.

 

 

Constituent Services Corner

Did you know our office has provided nearly 300 FREE notary services since January 2025? If you have a non-political document needing notarization, please call our office at 610-277-3230. We will assist you. Please note: we cannot notarize vehicle titles or political documents.

 

 

UPCOMING OFFICE EVENTS

Family Resource Fair and Trunk or Treat

Our 4th annual Family Resource Fair and Trunk or Treat is fast approaching! Join me along with Rep. Melissa Cerrato and Rep. Ben Sanchez at the Ambler YMCA on Saturday, October 25th, from 2:00-4:00 PM. Enjoy the fun trunks and treats, and learn about the various community organizations and services that can serve you!

 

To sign up for a trunk, please email: kcarson@pahouse.net. #trunkortreat

 

 

Period Products Collection Drive

In honor of Period Action Day on October 11, my office will be serving as a collection site for period products that will aid Mitzvah Circle in their period supply program to combat ongoing Period Poverty.

 

Period poverty refers to the inability to afford or access period products, such as pads, tampons, liners, menstrual cups, and other basic hygiene items required to manage a period and it is exists here in our commonwealth. For more statistics on Period Poverty, please visit the fact sheet here by the Alliance for Period Supplies.

 

Pennsylvania State Capitol
121 Irvis Office Building

P.O. Box 202061
Harrisburg, PA 17120

(717) 783-4102

District Office

1098 West Skippack Pike

Blue Bell, PA 19422

(610) 277-3230