On February 12, 2021, the U.S. Census Bureau announced that the PL-94-171 2020 Census data that is necessary for congressional and legislative redistricting will not be delivered to the states until September 30, 2021 – well beyond the Census Bureau’s statutory deadline of April 1, 2021. Many states have constitutional or statutory deadlines for when specific types of maps must be enacted, and for those that fall in early 2021, a late-September release of census data will make meeting those deadlines impossible. Some states will have more flexibility due to the Census Bureau's release of 2020 Census data in a legacy format on August 12, 2021, effectively allowing them to begin their redistricting processes earlier once the legacy data is reformatted to be usable.

The list below contains all the states wherein a redistricting commission who has the primary authority to enact one or more of their maps will miss one or more of its deadlines as a result of the delayed census data. Included are their original deadlines, any backup processes if specified, and an explanation of how their redistricting process will be impacted. Dates that are certain to be missed are bolded.

It should be noted that in light of the unprecedented circumstances surrounding this redistricting cycle, it is possible that in some states, the legislature or a court could modify their redistricting deadlines or their procedures to allow for at least an attempt at enacting a map through the state’s standard process. This post will be updated to reflect such developments if they occur.

ARKANSAS

Redistricting Deadline: Legislative - Board of Apportionment must file its apportionment report by 2/1/21.

Backup Process: Legislative - Not specified.

Notes: Reapportionment is not required to be made on or before February 1 where, on that date, the census figures available were merely preliminary and not official. Carpenter v. Board of Apportionment, 218 Ark. 404 (1951).

Consequences of Delayed Census Data Release: Legislative - It is unclear how the process will be impacted if the Board of Apportionment fails to meet its deadline. Given the Arkansas Supreme Court has indicated redistricting deadlines do not have to be met when official census figures are not available by that time, it is possible there will be no impact on the process.

COLORADO

Redistricting Deadlines

Congressional

• Commission’s Public Hearings on Preliminary Plan: No later than 7/7/21.
• *Commission’s Final Plan: Must adopt and submit final plan to Colorado Supreme Court for review by 10/1/21.
• Supreme Court Review: Must approve or return submitted plan to Commission by 11/1/21.
• Supreme Court Approval: Must approve final map by 12/15/21.

*Deadline extended by Commission on 8/2/2021 - Revised Schedule

Legislative

• Commission’s Public Hearings on Preliminary Plans: No later than 7/21/21.
• *Commission’s Final Plans: Must adopt and submit final plans to Colorado Supreme Court for review by 10/15/21.
• Supreme Court Review: Must approve or return submitted plans to Commission by 11/15/21.
• Supreme Court Approval: Must approve final maps by 12/29/21.

*Deadline extended by Commission on 8/13/21 - Revised Schedule

Backup Processes

Congressional: If the Commission fails to adopt and submit a final plan by 10/1/21, the Commission’s nonpartisan staff submits their unamended, third staff plan to the Supreme Court for review and approval. The Supreme Court’s deadlines remain the same.

Legislative: If the Commission fails to adopt and submit its final plans by 10/15/21, the Commission’s nonpartisan staff submits their unamended, third staff plan to the Supreme Court for review and approval. The Supreme Court’s deadlines remain the same.

Notes: The Colorado Constitution explicitly gives the Congressional and Legislative Redistricting Commissions the authority to change their deadlines if conditions outside their control require such to ensure a final plan is adopted as required. Colo. Const. art. V, §§ 44.4(5)(c), 48.2(5)(c).

Consequences of Delayed Census Data Release: Congressional & Legislative - Under the Congressional and Legislative Redistricting Commissions' revised timelines, they should be able to adopt final plans and submit them to the Colorado Supreme Court by their deadlines. If they fail to do so, each commission's third staff plan will be submitted to the court, unless one or both commissions further revise their deadlines. It is unclear how the process will be impacted if the Supreme Court’s deadlines are missed.

HAWAII

Redistricting Deadlines: Congressional & Legislative

• Commission Formation: By 5/1/21.
• *Proposed Plans and Hearings: No more than 100 days after Commissioners are certified, so no later than 1/8/22.
• *Final Plans: Must file final plans no more than 150 days after Commissioners are certified, so no later than 2/27/22.

*Deadlines extended by Hawaii Supreme Court on 7/7/21 - State of Hawaii ex rel. Connors v. 2021 Reapportionment Comm'n

Backup Processes: Congressional & Legislative - Not specified.

Notes: Within 45 days of any redistricting deadline being missed, any registered voter may petition the Hawaii Supreme Court to compel the appropriate person to perform their duty or for the court to take any other action it deems appropriate to effectuate the state’s redistricting provisions. Hawaii Const. art. IV, § 10; Hawaii Rev. Stat. § 25-9.

Consequences of Delayed Census Data Release: Congressional & Legislative - Under the Hawaii Supreme Court's revised deadlines, the Commission should be able to enact congressional and legislative redistricting plans by its deadline.

MICHIGAN

Redistricting Deadlines: Congressional & Legislative

• Pre-Adoption Hearings: Before voting to adopt any plan, the Commission must hold a forty-five-day public comment period thereon, so proposed maps must be released to the public by 9/17/21.
• Final Maps: Must be adopted by 11/1/21.

Backup Processes: Congressional & Legislative - Not specified.

Notes: The Michigan Constitution explicitly provides that in no event shall any body other than the Michigan Independent Citizen’s Redistricting Commission create and adopt a redistricting plan(s) for the state. [Mich. Const. art. IV, § 6(19)]

Consequences of Delayed Census Data Release: Congressional & Legislative - The Commission will be unable to release its proposed maps by the date required for the mandatory forty-five-day public comment period, and therefore they will not be able to adopt maps by their deadline, but it is unclear how this will impact the process. Following the Michigan Supreme Court's refusal to extend the Commission's deadlines, the Redistricting Commission adopted the following redistricting timeline:

• Draft Proposed Maps: Commission votes on 9/30/21 and publishes maps on 10/8/21.
• Proposed Maps: Vote on 11/5/21.
• 45 Day Public Comment Period: Starts on 11/14/21.
• Final Maps: First day Commission can vote to approve is 12/30/21.
• Commission's Final Report: By 2/2/22.
• Maps Become Law: On 3/3/22.

OHIO

Redistricting Deadline: Legislative - Commission must adopt final plans by 9/1/21.

Backup Process: Legislative - Commission must introduce a proposed plan, hold at least one additional hearing on that plan, make amendments thereto, and adopt a final plan by 9/15/21.

Consequences of Delayed Census Data Release: Legislative - The Commission will be unable to adopt final plans by its original deadline and will likely miss its backup deadline as well, but it is unclear how this will impact the process.