ORLANDO, Fla. (AP) — Florida Gov. Ron DeSantis does not have the authority to call a special session to redraw Florida’s congressional map in the mid-decade since that power belongs to lawmakers, according to a lawsuit filed Thursday.
The Republican governor’s proclamation last month to announce a special session in April to draw new congressional districts violates the “doctrine of separation of powers” of the Florida constitution, according to the lawsuit supported by the National Redistricting Foundation, a voting rights group, that was filed with the Florida Supreme Court.
DeSantis’ proclamation put Florida in a redistricting arms race among states that redistricted mid-decade. Currently, 20 of Florida’s 28 congressional seats are held by Republicans.
Congressional districts in Florida that are redrawn to favor Republicans could carry major consequences for President Donald Trump’s plan to redraw congressional districts in GOP-led states, which could give Republicans a chance to win additional seats in the midterm elections and retain control of the closely divided US House.
Nationwide, the unusual mid-decade redistricting battle has so far resulted in a total of nine more seats Republicans believe they can win in Texas, Missouri, North Carolina and Ohio — and a total of six more seats Democrats expect to win in California and Utah, leaving Republicans with three. But redrawn districts are being litigated in some states, and if the maps hold through 2026, there’s no guarantee the parties will win the seats.
In 2010, more than 60% of Florida voters approved a constitutional amendment prohibiting the drawing of district boundaries to unfairly favor one political party in a process known as gerrymandering. The Florida Supreme Court, however, last July upheld a congressional map pushed by DeSantis that critics said violated the “Fair Districts” amendment.
The lawsuit was filed against DeSantis and Florida Secretary of State Cord Byrd, who issued a directive to county supervisors of elections to implement rules used only in years when Florida’s districts are redrawn. The suit demands that DeSantis prove that he has the authority to call a special session to redistrict, and if he cannot do so, to declare that his redistricting proclamation is unenforceable.
“The decision about whether and when to reapportion Florida’s congressional districts belongs to the Legislature,” the lawsuit said. “While the Governor is entitled to call a special session, he has no power to bind the Legislature to accomplish his preferred policy goals by passing legally unnecessary redistricting.”
DeSantis’ office did not respond to an email inquiry seeking comment.
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