State Judge Says He Will Block DeSantis’ Redistricting Map, Calling it Unconstitutional

Florida - Voting - Equity

Image via AP Photo/Marta Lavandier, file.

By Associated Press

May 11, 2022

Justice Layne Smith said the order will likely replace the map with one of two that the Legislature included in a bill and sent to the governor in March.

TALLAHASSEE, Fla. — A congressional map approved by Florida Republican Gov. Ron DeSantis and drawn by his staff is unconstitutional because it breaks up a district where Black voters can choose their representatives, a state judge said Wednesday.

Leon County Circuit Judge Layne Smith said he would issue a formal order Thursday or Friday to keep the maps from taking effect in November’s election. He made it clear he would rule in favor of voting rights groups challenging the maps.

RELATED: Florida Dems: DeSantis’ Redistricting Maps ‘Shameful,’ ‘an Attack on Democracy’

Smith said the order will likely replace the DeSantis map with one of two that the Legislature included in a bill and sent to DeSantis in March. The governor vetoed the bill and later called the Legislature back into special session. The Republican-dominated House and Senate chose not to draw a new map, and instead passed the DeSantis map.

The challenge focuses on a north Florida district now held by Democratic U.S. Rep. Al Lawson.The district runs from Jacksonville west more than 200 miles to Gadsden County and nearly half of its population is Black.

DeSantis’ proposal prompted a protest by Black House members as the chamber was preparing to vote on the maps.

Smith said he will issue his order as soon as he can so the state can immediately appeal it. It may be the conservative state Supreme Court that ultimately resolves the dispute.

Smith said that while the DeSantis map is more compact, the issue of allowing Black voters to choose their representatives is more important.

RELATED: DeSantis Vetoes Redistricting Maps

“The district that has since been enacted and signed into law by the governor does disperse 367,000 African American votes between four different districts,” Smith said in a video call with both sides. “The African American population is no way near a plurality or a majority.”

Smith said his ruling will be based on the state constitution, not the U.S. Constitution.

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