Steal the election..

Florida push for mid-decade redistricting draws its first lawsuit

Florida has been seen as a key piece of the national push by Republicans to overhaul congressional districts ahead of the 2026 midterm elections.

By Gary Fineout

Florida’s bid to reshape its congressional map — which still hasn’t happened yet — drew its first lawsuit Thursday with the help of a group aligned with Democrats.

Two Floridians, with backing from the National Redistricting Foundation, filed a lawsuit Thursday that contends Gov. Ron DeSantis and Secretary of State Cord Byrd lacked the legal authority to alter election laws after the governor called an April special session on mid-decade redistricting.

Byrd, relying on the special session proclamation issued by DeSantis, issued a directive that moved the dates of congressional qualifying from April to June. That directive cited a state election law that allows a change in qualifying procedures during a year when redistricting occurs. Florida’s constitution requires redistricting two years after the U.S. Census is taken but is silent on mid-decade redistricting.

Florida has been seen as a key piece of the national push by Republicans to overhaul congressional districts ahead of the 2026 midterm elections. The GOP already has a 20-8 edge in the Sunshine State, but some Republicans have predicted that they could gain three to five additional seats if they redraw the lines in Florida.

The lawsuit filed with the Florida Supreme Court concedes that DeSantis can call a special session. But lawyers argue that until the Legislature passes a map, the directives from Byrd “are not binding and enforceable” and that DeSantis cannot unilaterally declare that redistricting will occur.

“Gov. DeSantis exceeded his constitutional authority by usurping a core legislative responsibility in service of his desire to enact a mid-decade gerrymander,” said Marina Jenkins, executive director of the National Redistricting Foundation. “The Florida constitution is clear, the Legislature is the branch of government that is responsible for redistricting.”

Democrats have slammed the GOP for moving ahead. Democratic National Committee Chair Ken Martin told POLITICO last week that “we’re going to fight them every step of the way on this.”

DeSantis started advocating for mid-decade redistricting last summer after other states such as Texas and California began moving on new maps in response to a push from the White House. The governor last month set the special session on redistricting for April 20-24 — the same week that qualifying for federal elections had been scheduled to take place.

The lawsuit contends those “actions have already disrupted Florida’s impending elections by casting significant uncertainty on the future of Florida’s congressional map and the relevant candidate filing deadlines. These consequences demand swift resolution by this court.”

DeSantis has said legislators will need to redraw congressional districts if the U.S. Supreme Court rules as expected in a Louisiana case and bars states from considering the racial makeup of voting populations when drawing new districts.

He argued such a ruling would create the need to alter seats in South Florida that currently have a Black and Hispanic voting majority.

“I have a very high degree of confidence that at least one or two of those districts on our current map are going to be implicated by this Supreme Court decision,” DeSantis said last month.

The Florida House last year created a select committee on redistricting and even held meetings in December. But that chamber has not done any work on redistricting during its regular 60-day session that began in January. Initially, House Speaker Daniel Perez said it would be “irresponsible” to wait until later in the spring.