June 14, 2021

By Marina Jenkins jenkins@redistrictingfoundation.org

National Redistricting Foundation Files Amicus Brief in Michigan Redistricting Lawsuit

Washington, D.C.—Last Friday, the National Redistricting Foundation (NRF) filed an amicus brief in In re Independent Citizens Redistricting Commission in support of petitioners’ request to extend the constitutional redistricting deadlines in order to protect the public’s right to participate in the mapmaking process. The brief was handled pro bono by attorneys at Covington & Burling LLP. 

“Public input is a cornerstone of a robust redistricting process,” said Eric H. Holder, Jr., the 82nd Attorney General of the United States. “Without sufficient time for the public to submit proposed maps and fully participate in the process, the state will be unable to realize a key piece of the constitutional amendment passed by Michigan voters in 2018, and runs the risk of having maps that do not accurately represent its residents for the next decade.”

In 2018, Michigan voters approved a constitutional amendment vesting authority over redistricting in an independent redistricting commission. In addition to reducing partisan gerrymandering in the state, the amendment intended to reform the state’s redistricting procedure to improve fairness, transparency, and ensure public input by providing the commission and the public sufficient time to analyze data, hold hearings throughout the state, and ultimately adopt final maps. However, due to the delayed delivery of the 2020 Census data—the result of an extraordinary combination of unforeseen events, including the Covid-19 pandemic—the public would only have a matter of weeks to submit proposed maps under the current deadlines. 

On April 20, 2021, Michigan’s Independent Citizens Redistricting Commission and Secretary of State Jocelyn Benson filed a petition in the Michigan Supreme Court asking the Court to adjust the constitutional deadlines for redistricting to account for the census delay and allow the public to fully participate in the process.

The NRF’s amicus brief contends that the Michigan Constitution entitles the public to an open and extended period of participation in the redistricting process that cannot be completed by November 1, the current deadline for submission of final plans. As the brief states, this case involves unique circumstances where “strict adherence to a constitutional deadline would actually undermine the purpose of the constitutional provision and unfairly deprive innocent parties of their constitutional rights based on circumstances outside of their control.” The provisions related to public comment were a central reason the voters approved the constitutional amendment and must be given priority over a procedural deadline that can be changed without adverse consequences. 

The court will hear oral argument in the case on June 21.

The National Redistricting Foundation is the 501(c)(3) affiliate of the National Democratic Redistricting Committee, and was formed in 2017 to engage in work that protects voting rights and challenges gerrymandered congressional and state legislative districts. The National Redistricting Foundation has funded and executed lawsuits that include, but are not limited to, overturning gerrymandered congressional and state legislative maps in North Carolina and Virginia, successfully challenging the Trump Administration’s attempt to add a citizenship question to the census, and challenging a provision in the Mississippi state constitution from the Jim Crow Era.  

You can access the full brief here.

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