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Court Declares Michigan Map Unconstitutional, Orders 13 Districts Be Redrawn

Michigan Gov. Gretchen Whitmer arrives ahead of a meeting with President Joe Biden and the National Governors Association in the East Room, Friday, Feb. 10, 2023, in Washington. (AP Photo/Manuel Balce Ceneta)

In a significant ruling, 13 Michigan House and Senate districts have been declared unconstitutional by a three-judge panel. The court ruled that the districts must be redrawn in compliance with the U.S. Constitution’s Equal Rights Act. As a result, the Secretary of State has been ordered to suspend elections in the affected districts until they are redrawn. This decision could influence the 2024 election and the political control of the state’s legislature.

The redistricting of Michigan’s districts was originally the work of the state’s inaugural Independent Citizens Redistricting Commission. However, the court found that the commission’s experts relied on incomplete primary data when setting Black voting age percentages. These percentages are critical in ensuring that a Black-preferred candidate can be elected in districts like Detroit, where the primary results tend to determine the winners of general elections.

Despite the importance of the primary data, the experts misled commissioners by telling them that black-preferred candidates would perform well in these districts based solely on general election data. Federal judges Raymond Kethledge, Paul Maloney and Janet Neff criticized the experts for not providing more accurate data to the commission, stating that this was “a grave disservice to everyone involved with this case, above all the voters themselves.”

The Independent Citizens Redistricting Commission expressed disappointment with the court’s decision in a statement, adding that it would provide a more detailed response after reviewing the 116-page decision. However, the commission and the Black Detroit Democrats who challenged the maps have until Jan. 2 to submit briefs on how legislative district boundaries should be redrawn.

The judges acknowledged that the redistricting process must be completed within a “stringent timeframe.” They are now considering the usefulness of a special master to assist the commission in redrawing the map, which would help ensure that the revised maps are in compliance with the Equal Rights Act.

This court decision has significant implications for future elections in Michigan, as neighboring districts may now need to be redrawn. Moreover, this ruling could impact which party ends up controlling the state legislature, adding even more weight to the importance of redistricting.

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