A federal appeals court has called on the Louisiana Legislature to draw up a new congressional district map by Jan. 15 of next year in order to ensure the boundaries comply with the federal Voting Rights Act in time for the 2024 elections.
The exact path to accomplish this, however, remains uncertain because outgoing Gov. John Bel Edwards has not said he will call such a special session, though Republican Gov.-elect Jeff Landry, who takes office on Jan . 8, said he does intend to call such a redistricting session.
““As I have said all along, Louisiana can and should have a congressional map that represents our voting population, which is one-third Black,” Edwards, a Democrat, said in a prepared statement. “This is about simple math, basic fairness and the rule of law. With the Fifth Circuit's action … I remain confident that we will have a fair map with two majority-Black districts before the congressional elections next year.”
The speaker of the Louisiana House of Representatives, Clay Schexnayder (R-Gonzales), said the redistricting issue should be addressed by the incoming Landry administration.
“There are several factors to consider in deciding whether the Legislature should meet before the holidays or once the next administration takes office to reconsider the state’s congressional maps,” Schexnayder said in a statement emailed to the Louisiana Record. “The way I read the court of appeals ruling, the district court judge could extend the deadline past Jan. 15, if the Legislature shows its intent to act. Given the number of days needed for the Legislature to call itself into a special session, as well as the upcoming holidays, it seems most likely to be handled in the next administration.”
The Fifth Circuit Court of Appeals’ Nov. 10 decision found that a district court’s preliminary injunction against the current map is no longer necessary to resolve the dispute over the congressional districts by next year’s elections. The appeals court also called on the district court not to move forward with a trial on the merits of the case until lawmakers consider drawing up a new map.
The current map covers the state’s six congressional districts, but it only provides for a single majority-Black district even though Black voters represent more than 30% of the state’s electorate. Plaintiffs represented by civil rights groups criticized the current map, saying it diluted the voting power of Black Louisianans.
“We will allow the Louisiana Legislature until Jan. 15, 2024, to enact a new congressional redistricting plan, to consider but reject adopting a new plan, or for the defendant secretary of State and/or attorney general to inform the district court that no special session of the Legislature will be called for this purpose …” the court said in its decision. “The district court will also have discretion to grant limited additional time if requested.”
Plaintiffs can object to any new map the Legislature draws up, according to the court, setting in motion a trial to determine whether that map is in compliance with the Voting Rights Act. But the appeals court made clear that the process must leave enough time for the district and appeals courts to formalize a plan that’s put in place in time for the 2024 elections.
The defense counsel has favored May 30 as a deadline for a new map to be drawn up and enacted.
Louisiana’s single Democratic congressman, Troy Carter Sr., urged state lawmakers to come up with a map that contains two majority-minority districts.
“History has not been kind to legislatures that wait for courts to force them to do what they are clearly required to do,” Carter said in a prepared statement. “I sincerely hope that the new Legislature draws two majority-minority districts as required by the Voting Rights Act. The law is clear. It’s never too late to do the right thing.”