CASE SUMMARY

On January 20, 2022, a group of Kentucky voters, current members of the Kentucky House of Representatives, and the Kentucky Democratic Party filed a lawsuit against Kentucky's Secretary of State and State Board of Elections, challenging the state's enacted congressional and state House redistricting plans as violating the Kentucky Constitution. First, plaintiffs assert that the enacted plans are partisan gerrymanders designed to favor Republicans and disfavor Democrats. They assert the maps' partisan bias violates the plaintiffs' and other Democratic voters' right to a free and equal election under Section 6 and rights to free association, free expression, and equal protection under Sections 1, 2 and 3 of the Kentucky Constitution. Second, plaintiffs assert that the state House redistricting plan excessively splits counties for partisan advantage in violation of Section 33 of the Kentucky Constitution, which they allege prohibits county splits unless necessary to satisfy the one person, one vote constitutional requirement. Plaintiffs are seeking a declaratory judgment that the enacted congressional and state House redistricting plans are unconstitutional, a temporary and permanent injunction barring the plans from being implemented in future elections, and a court order requiring the state to either use either the previously enacted redistricting maps or new maps that comply with all applicable laws going forward.

On November 10, 2022, the circuit court issued its ruling upholding the plans as constitutional on the grounds the Kentucky Constitution did not prohibit partisan considerations when redistricting.

CASE LIBRARY

Commonwealth of Kentucky, Franklin Circuit Court - No. 22-CI-00047

• Complaint - 1/20/22
• Order Denying Motion for Temporary Injunction - 2/17/22
• The Commonwealth of Kentucky's Post-Trial Brief - 5/16/22
• Plaintiffs' Post-Hearing Brief - 5/16/22
• The Commonwealth of Kentucky's Post-Trial Response Brief and Proposed Findings of Fact and Conclusions of Law - 6/15/22
• Plaintiffs' Proposed Findings of Fact and Conclusions of Law - 6/15/22
• Plaintiffs' Response to Defendants' Post-Hearing Brief - 6/15/22
• Opinion and Order - 11/10/22

Supreme Court of Kentucky - Nos. 2022-SC-0522, 2023-SC0139

• Brief of Appellants - 6/26/23
• Brief of Amicus Curiae Speaker of the House David W. Osborne and Senate President Robert Stivers - 8/14/23
• Brief of Amicus Curiae Professor Joshua A. Douglas - 8/14/23
• Brief of Amici Curiae the NRCC, RNC, and Republican Party of Kentucky - 8/14/23
• Brief of Amicus Curiae Campaign Legal Center - 8/14/23
• Brief of Amicus Curiae the National Republican Redistricting Trust - 8/14/23
• Brief of Amicus Curiae Honest Elections Project - 8/14/23
• Brief of Amicus Curiae Public Interest Legal Foundation - 8/14/23
• Brief of Amici Curiae ACLU, ACLU of Kentucky, Black Lives Matter Louisville, and Kentucky Equal Justice Center - 8/14/23
• Opening Brief for the Commonwealth of Kentucky - 8/25/23
• Statement and Notice Regarding the State Board of Elections' Continued Neutral Position as to this Litigation - 8/25/23
• Appellants' Response to Cross Appeal Brief - 9/14/23