Black Voters Matter v. Byrd
“The National Redistricting Foundation (NRF) supported individual voter plaintiffs and community-based organizations, Black Voters Matter Capacity Building Institute, Equal Ground Education Fund, the League of Women Voters of Florida Education Fund, and Florida Rising in a legal challenge to Florida’s congressional map. The lawsuit, captioned, Black Voters Matter v. Byrd, alleged that the state’s map violates several provisions of the Florida Constitution’s Fair Districts Amendment, which Florida voters overwhelmingly approved in 2010. The amendment prohibits intentionally favoring one party over another and disallows maps that are drawn with the intent or that have the effect of diminishing minority voting power.
Following a trial on the NRF-supported plaintiffs’ preliminary injunction against the map, the Leon County Circuit Court judge ruled from the bench that the state’s configuration of CD-5 in northern Florida diminshes the voting power of Black Floridians and was likely to be violative of the Florida Constitution. However, on appeal, an appellate court stayed the trial court’s injunction without addressing the merits, and the Florida Supreme Court declined to intervene, resulting in the 2022 elections taking place under the likely unconstitutional map.
As the merits trial approached, on August 11, 2023, the parties entered filed a joint stipulation to narrow issues for resolution including a significant concession by state defendants that the factual bases for the plaintiffs’ racial diminishment claim were present. On September 2, 2023, the court entered judgment in favor of the plaintiffs and ordered the Florida Legislature to enact a new, constitutional plan.
The state appealed the trial court’s decision to the Florida First District Court of Appeal, which issued its decision reversing the trial court’s order and judgment on December 1, 2023. The NRF-supported plaintiffs appeal to the Florida Supreme Court, which accepted jurisdiction of the appeal on January 14, 2024. However, the Florida Supreme Court denied the plaintiffs’ motion to expedite proceedings, which forclosed any relief prior to the 2024 elections. Oral argument was heard on September 12, 2024.
On July 17, 2025, the Florida Supreme Court upheld the state’s 2022 congressional district plan. The court concluded that the federal constitution’s Equal Protection Clause prohibits the legislature from drawing CD-5 to remedy the state constitutional violation, because such a district would be an unconstitutional racial gerrymander.”
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