Case Summary

Arizona voters approved a constitutional ballot initiative in 2000 transferring redistricting authority from their state’s legislature to the Arizona Independent Redistricting Commission (“AIRC”), which adopted new congressional and legislative maps for the state following the 2010 Census. On June 7, 2012, the Arizona State Legislature filed a federal lawsuit against the AIRC alleging both the AIRC and its maps violated the U.S. Constitution’s Elections Clause (Art. I, § 4). Plaintiffs argued the Elections Clause, which states the “times, places and manner” of holding elections shall be “prescribed in each State by the Legislature thereof”, precluded the transfer of redistricting authority to an independent commission via ballot initiative.

  • On February 24, 2024, the federal district court granted the defendants’ motion to dismiss the suit for failure to state a claim. Plaintiffs filed their notice of appeal to the U.S. Supreme Court two days later.
  • SCOTUS heard oral arguments on March 2, 2015.
  • On June 29, 2015, SCOTUS upheld the AIRC as constitutional, finding the Elections Clause permitted the citizens of a state to transfer redistricting authority from its legislature to an independent commission. Citing its decision in Ohio ex rel. Davis v. Hildebrandt that redistricting is a legislative function to be carried out via a state’s legislative powers, the Court found this included citizen-led initiative processes when a state’s lawmaking procedures otherwise provide for it. The Court explained the history and purpose of the Elections Clause was primarily to authorize Congress to override state election rules, not to restrict the way states enacted election legislation. While the Framers may not have imagined the modern initiative process being equal with the state legislature’s legislative authority, it would be “perverse” to interpret the Clause as excluding lawmaking by the people.

Significance: The U.S. Constitution's Elections Clause does not prohibit the use of citizen-initiated legislative powers to transfer a state's redistricting authority from the state's legislature to an independent redistricting commission.

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U.S. District Court for the District of Arizona, Phoenix Division - 2:12-cv-01211

U.S. Supreme Court - No. 13-1314 [576 U.S. 787 (2015)]