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 the primary authority for enacting legislative 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.
ALABAMA
Legislative Redistricting Deadline: State Legislature must draw and enact maps during its first session after the taking of the decennial census, so by 5/18/21.
In the News: Legislators expect to return for a special session on redistricting in October 2021.
Backup Process: Not specified.
Notes: The Alabama Supreme Court has stated the duty and authority to apportion representation is not limited to the first session after the decennial census. The duty is a continuing one and if not discharged within the time prescribed, the duty rests upon succeeding general assemblies. Opinion of Justices No. 117, 254 Ala. 185 (1950).
Consequences of Delayed Census Data Release: The State Legislature will be unable to enact maps by its deadline, but given the Alabama Supreme Court’s statements regarding deadlines and the special session for redistricting expected in October 2021, this will not likely impact the process.
CONNECTICUT
Legislative Redistricting Deadlines: The General Assembly must adopt plans by 9/15/21.
Backup Process: A nine-member Backup Commission is appointed to draw the plans. The Commission must adopt its plans by 11/30/21. If the Commission fails to meet this deadline, the Connecticut Supreme Court has until 2/15/22 to draw and file its plan(s).
Notes: If the Backup Commission fails to file any plan by 11/30/21, any registered voter may petition the Connecticut Supreme Court to compel the Commission to perform its duty, or for the court to take other action, including making a plan. The petition must be filed within 30 days of the missed deadline. Conn. Const. art. III, § 6(d).
Consequences of Delayed Census Data Release: The General Assembly may be able to enact plans by its deadline, but if they fail to do so, the nine-member Backup Commission will have a chance to draw and enact legislative plans.
DELAWARE
*Legislative Redistricting Deadline: State Legislature must enact legislative maps by 11/7/21.
*Deadline Revised by Delaware House Concurrent Resolution No. 32 (June 22, 2021)
Backup Process: Not specified.
Notes: The Delaware Constitution outlines a process for petitioning the Superior Court to compel the creation of, or to challenge, a redistricting plan, but this provision appears to be inoperative. Del. Const. art. II, § 2A. The controlling redistricting procedures outlined in 29 Del. Code § 805 do not mention any such process.
Consequences of Delayed Census Data Release: Under the newly revised redistricting deadlines, the State Legislature should be able to enact legislative maps by its deadline. If they miss their deadline, it is is unclear how this will impact the process.
ILLINOIS
Legislative Redistricting Deadline: The General Assembly must adopt plans by 6/30/21.
Backup Process: Map drawing authority passes to an eight-member Backup Commission with the following schedule:
- Backup Commission Formation: By 7/10/21.
- First Attempt: Must file map approved by at least five Commissioners by 8/10/21. If no map approved, triggers addition of ninth Commissioner.
- Ninth Commissioner Added: Illinois Supreme Court must submit two nominees to the Secretary of State by 9/1/21. Secretary of State must randomly select one to serve as ninth Commissioner by 9/5/21.
- Final Attempt: Must file plan approved by at least five Commissioners by 10/5/21.
Consequences of Delayed Census Data Release: The Illinois General Assembly adopted legislative plans on June 4, 2021, using the latest American Community Survey data. They convened in special session on August 31, 2021, to make revisions to the plans based on the now released 2020 Census results. Due to this, they have not missed their deadlines.
IOWA
Legislative Redistricting Deadline: The General Assembly must adopt a plan by 9/15/21. The Legislative Services Agency, who draws the maps, must deliver its plan to the General Assembly by 4/1/21, however Iowa law explicitly provides that if census data is not available to the LSA before 2/15/21, this deadline is extended by the number of days after 2/15 that it did become available. This delayed deadline does not impact the General Assembly’s overall deadline for enacting a plan. Iowa Code § 42.3(b). The Legislative Services Agency indicated they plan on releasing their first redistricting maps by 9/16/21, so the General Assembly will miss their deadline.
Backup Process: The Iowa Supreme Court must draw and enact legislative plans by 12/31/21.
Consequences of Delayed Census Data Release: The General Assembly will be unable to enact legislative maps by its deadline, so the Iowa Supreme Court should draw and enact the plans.
MAINE
Legislative Redistricting Deadline: The State Legislature must approve plans by 10/6/21.
*Deadlines as adjusted by Maine Supreme Court in In re 2021 Apportionment of Maine
Backup Process: The Maine Supreme Court must draw and enact the plans within sixty days of the Legislature’s deadline, so by 11/10/21.
Consequences of Delayed Census Data Release: Under the Maine Supreme Court's revised deadlines, the State Legislature should be able to enact maps by its deadline.
MINNESOTA
Legislative Redistricting Deadlines:
- Constitutional: State Legislature must enact maps by the end of the first session after the census year, so by 5/17/21.
- Statutory: State Legislature must enact maps in no case later than twenty-five weeks before the state primary election in the year ending in two, so by 2/15/22.
Backup Process: Not specified.
Consequences of Delayed Census Data Release: The State Legislature will miss its constitutional deadline, but not its statutory deadline, so likely no impact on the process.
NEVADA
Legislative Redistricting Deadline: State Legislature must draw and enact plans by the end of its first session after the census year, so by 6/1/21.
Backup Process: Not specified.
Notes: The Nevada Attorney General has stated in an opinion that the Legislature must conduct reapportionment at its first regular session after the census provided it deems the then available data sufficiently definitive to provide a basis for complying with the “one person, one vote” mandate. Otherwise, reapportionment must be accomplished at a special session to be called immediately after the necessary census data is available. Legislative Reapportionment, Nev. Att’y Gen. Op. 71-18 (Mar. 15, 1971). In another opinion, the Nevada Attorney General stated the Legislature’s inability to enact a reapportionment plan during the regular session in years ending in one did not extinguish the obligation to enact a valid plan during a special session. The Governor had discretionary authority to convene a special session for this purpose and to specify a time and length for that session. Constitutional Law; Governor; Legislature; Reapportionment, Nev. Att’y Gen. Op. 2001-14 (June 12, 2001).
Consequences of Delayed Census Data Release: The State Legislature will be unable to enact legislative maps by its deadline. The Nevada Attorney General Opinions indicate that the Governor will have to call a special legislative session for the purpose of enacting legislative plans immediately after census data becomes available.
NEW HAMPSHIRE
Legislative Redistricting Deadline: The General Court (Legislature) must enact plans by the end of its first general session after the census year, so by 7/1/21.
Backup Process: Not specified.
Consequences of Delayed Census Data Release: The General Court will be unable to enact plans by its deadline, but it is unclear how this will impact the process.
NORTH DAKOTA
Legislative Redistricting Deadline:
- Committee's Plans*:The newly created Redistricting Committee must submit its legislative plans to the State Legislature by 10/31/21.
- Final Plans: The Legislature must adopt final plans by the end of its first regular session after the census, which adjourned on 4/29/21.
*Committee and deadline established by N.D. H.B. 1397 (enacted 4/21/21).
Backup Process: Not specified.
Consequences of Delayed Census Data Release: The new Redistricting Committee will be able to submit its plans to the State Legislature by its deadline, but the State Legislature will be unable to adopt plans by its deadline and it is unclear how this will impact the process.
OKLAHOMA
Legislative Redistricting Deadline: The State Legislature must enact plans within ninety legislative days after the convening of the first regular session after the census year. The 2021 session convened on 2/1/21 and adjourned on 5/28/21.
Backup Process: Map drawing authority passes to the seven-member Bipartisan Commission on Legislative Apportionment, but no deadline to enact plans is specified.
Consequences of Delayed Census Data Release: The Oklahoma Legislature enacted legislative maps using the latest American Community Survey data on 5/13/21 and plans to revise them using the now released 2020 Census population data. Due to this, they did not miss their deadline.
OREGON
Legislative Redistricting Deadline*: The Legislative Assembly must draw and enact plans by 9/27/21.
Backup Process*: The Secretary of State must hold at least one additional public hearing and file its plans by 10/18/21.
*Legislative deadline and backup deadline as revised by Oregon Supreme Court, see State ex rel Rep. Kotek v. Fagan.
Consequences of Delayed Census Data Release: Under the Oregon Supreme Court's newly revised deadlines, the Legislative Assembly should be able to draw and enact plans by its deadline. If they fail to do so, the Secretary of State must draw the plans and submit them to the Oregon Supreme Court for approval by its deadline.
VERMONT
*Legislative Redistricting Deadline:
- Legislative Apportionment Board's Proposed Plans*: Submitted to Legislature by 11/10/21.
- Final Plans: The General Assembly must enact plans by the end of its biennial session after the taking of the census, which adjourned on 5/28/21.
*Deadlines revised by Vermont H.B. 338 (enacted 4/21/21).
Backup Process: If the General Assembly fails to revise districts by its deadline, the Vermont Supreme Court may order reapportionment in appropriate legal proceedings brought for that purpose.
Consequences of Delayed Census Data Release: The General Assembly's revised deadline will allow the Legislative Apportionment Board to draw and submit plans by its deadline, but the General Assembly will still be unable to adopt plans by its deadline. The Vermont Supreme Court may order the reapportionment if an action is brought.
WYOMING
Legislative Redistricting Deadline: The State Legislature must draw and enact plans by the end of the first budget session following the federal census, so by 4/2/21.
Backup Process: Not specified.
Consequences of Delayed Census Data Release: The State Legislature will be unable to enact plans by its deadline, but it is unclear how this will impact the process.