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Voting rights groups seek a temporary injunction against DeSantis' congressional map

Woman with american flag holding letter board with text Your Vote Matters on white brick background
ILONA SHOROKHOVA/dark_blade
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stock.adobe.com
Woman with american flag holding letter board with text Your Vote Matters on white brick background

The motion says an overhaul of North Florida’s Congressional District 5 violates a 2010 constitutional amendment that sets standards for redistricting in the state.

Focusing on a North Florida district that has become a legal and political battleground, voting-rights groups and other plaintiffs are seeking a temporary injunction to block a congressional redistricting plan pushed by Gov. Ron DeSantis.

Attorneys for the plaintiffs filed a motion late Tuesday requesting a temporary injunction, after filing a lawsuit Friday to challenge the plan. Republican lawmakers passed the plan during a special legislative session last week.

The motion, filed in Leon County circuit court, contends that an overhaul of North Florida’s Congressional District 5 violates a 2010 constitutional amendment — known as the Fair Districts amendment — that sets standards for redistricting in the state.

District 5 in recent years has stretched from Jacksonville to west of Tallahassee and has tied together Black communities to help elect a Black candidate. The district is held by U.S. Rep. Al Lawson, a Black Democrat.

But DeSantis has contended that the sprawling district was unconstitutionally gerrymandered, and the plan passed last week would condense it in the Jacksonville area. The motion for a temporary injunction argues that the new map violates part of the 2010 constitutional amendment that bars diminishing the ability of minority voters to “elect representatives of their choice.”

“A temporary injunction is warranted here because plaintiffs are likely to succeed on the merits of their claim that the DeSantis plan violates the non-diminishment provision of … the Florida Constitution by dismantling the former Congressional District 5, a North Florida district in which Black voters were previously able to elect their candidates of choice,” the motion said. “Rather than preserve a North Florida district where Black voters would retain their ability to elect their candidates of choice to Congress, the DeSantis plan cracks Black voters among four majority-white districts, thus diminishing their voting strength in violation of the Fair Districts amendment.”

While primary elections are scheduled for Aug. 23, the plaintiffs’ attorneys argued that enough time remains to revamp the redistricting plan.

“While plaintiffs have challenged the DeSantis plan in its entirety, this motion seeks temporary relief solely on the ground that the elimination of CD-5 violates the Florida Constitution’s non-diminishment standard,” a memorandum filed with the motion said. “Any injunction would therefore be limited to a handful of districts in North Florida and thus would not impact election preparations throughout most of the state.”

DeSantis called last week’s special session after vetoing a congressional redistricting plan passed in March by the Legislature. A map proposed by DeSantis’ office passed during the special session, despite fierce opposition that included Democratic lawmakers holding a rare protest that temporarily shut down House floor proceedings Thursday.

The map is expected to increase from 16 to 20 the number of congressional seats held by Republicans, based on 2020 election results. Also it is expected to reduce the number of Black Democrats in the state’s congressional delegation by changing District 5 and a district in the Orlando area.

Lawmakers initially supported keeping a sprawling configuration of District 5 as they carried out the once-a-decade reapportionment process. But DeSantis’ general counsel argued that approach would violate the Equal Protection Clause of the U.S. Constitution’s 14th Amendment because it “assigns voters primarily on the basis of race but is not narrowly tailored to achieve a compelling state interest.”

A key part of the legal fight could involve questions about the Equal Protection Clause and the Fair District amendment in the Florida Constitution.

“We’ve passed maps that are constitutional,” Rep. Randy Fine, R-Brevard County, said during last week’s special session. “They will be litigated, and we will learn whether the 14th Amendment of the U.S. Constitution reigns supreme over the Florida state Constitution. That is the discussion at hand.”

The League of Women Voters of Florida, the Black Votes Matters Capacity Building Institute, the Equal Ground Education Fund, the League of Women Voters of Florida Education Fund, Florida Rising Together, and 12 registered Democrats from Duval, Leon, Seminole, Orange, Pinellas, Hillsborough, and Miami-Dade counties filed the lawsuit Friday in Leon County circuit court.

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