Kentucky

Congressional & Legislative

Primary Authority: Congressional and legislative maps are enacted by the Kentucky General Assembly, subject to the Governor’s veto. The General Assembly can override a veto with a majority vote in each chamber. Republicans currently have veto-proof majorities in both chambers. [Ky. Const. § 33]

If a bill is presented to the Governor during or after session, the Governor has 10 days to sign or veto it; otherwise, it becomes law without signature. Sundays are excluded from these calculations.

Mapping Timeline: There is no deadline specified for congressional plans, but the General Assembly must enact legislative plans by the end of years ending in 2. [Ky. Const. § 33]

Redistricting Criteria:

• Congressional: None.
• Legislative: As nearly equal in population as may be; Minimize divisions of counties; Contiguous. [Ky. Const. § 33]

Map Challenges: Not specified for congressional plan challenges. Challenges to legislative plans must be filed in the Kentucky circuit court for the county in which the plaintiff resides. [Ky. Rev. Stat. § 5.005]

Ballot Measure & Referendum Processes

Types of Measures: Only the Kentucky General Assembly can refer amendments to the ballot. There is no initiative or referendum process. [Ky. Const. §§ 256 — 263]

Previous Redistricting Cycles

2010

• Congressional
  • Original Plan – HB 302
    • Passed = February 10, 2012 (Split-control)
    • Signed = February 10, 2012
  • Litigation History
    • None
• Legislative
  • Original Plan – HB 1
    • Passed = January 19, 2012 (Split-control)
    • Signed = January 20, 2012
    • Invalidated by state court on February 7, 2012.
  • Litigation History
    • Legislative Research Comm’n v. Fischer, 366 S.W.3d 905 (Ky. 2012): The Kentucky Legislature’s first enacted legislative plans were challenged in state court, with plaintiffs alleging violations of the one person, one vote constitutional requirement and excessive splitting of counties in violation of the state constitution. The trial court struck down the plans on February 7, 2012, and on April 26, 2012, the Kentucky Supreme Court affirmed, finding that the plans were malapportioned and failed to sufficiently preserve counties. The court ordered that the plans be redrawn, and due to time constraints, that the legislative maps from the previous decade be used for the 2012 elections.
      • Revised Plans – HB 1
        • Passed = August 23, 2013 (Split-control)
        • Signed = August 23, 2013
    • Brown v. Kentucky Legislative Research Comm’n, 966 F.Supp.2d 709 (E.D. Ky. 2013): Before the Legislature enacted its revised legislative plans, a group of Kentucky voters sued alleging that the 2002 legislative plans, which were used for the 2012 elections by court order, were now malapportioned due to population shifts. On August 16, 2013, the district court granted summary judgment for the plaintiffs after finding the 2002 legislative districts then is use to be unconstitutionally malapportioned and issued an injunction barring the General Assembly from falling back on those old maps for future elections.

2000

• Congressional
  • Original Plan – HB 1
    • Passed = January 31, 2002 (Split-control)
    • Signed = January 31, 2002
  • Litigation History
    • None
• Legislative
  • Original Plans – HB 1
    • Passed = January 31, 2002 (Split control)
    • Signed = January 31, 2002
  • Litigation History
    • None

In The News

• Kentucky Democrats to Appeal Ruling in Redistricting Case, AP (11/30/22)
• Judge Upholds GOP-Crafted Redistricting Maps in Kentucky, AP (11/11/22)
• Kentucky Democrats Head to Court in Lawsuit Over Newly Approved Redistricting Maps, WLKY (2/10/22)
• Lawsuit Filed as Lawmakers Override Vetoes of Redistricting Bills, Spectrum News (1/21/22)
• Kentucky Lawmakers Override Gov. Beshear's Veto on Redistricting Map, State Democrats File Lawsuit, WHAS 11 (1/20/22)
• Kentucky’s Governor Vetoes GOP-Drawn Redistricting Plans, AP (1/20/22)
• Kentucky Lawmakers Send Redistricting Bills to Governor, AP (1/8/22)
• Kentucky Legislative Redistricting Bills Win Key Votes, AP (1/6/22)
• Kentucky GOP Lawmakers Put Redistricting on Fast Track, AP (1/4/22)
• Kentucky House GOP Leaders Unveil Redistricting Plan, AP (12/30/21)
• League of Women Voters Pushes Open State Redistricting Process, WTVQ (12/15/20)
• Kentucky Redistricting Reform Faces Another Uphill Battle, WFML (12/4/20)
• Kentucky Republicans in Charge of Redistricting for First Time, WKMS (12/3/20)
• Kentucky Redistricting Data might be Delayed by Pandemic, WFPL (11/17/20)
• Republicans Expand Super Majorities in Kentucky Legislature, AP (11/4/20)
• Rep. Ed Massey Appointed Co-Chair to Judicial Structuring and Redistricting Task Force, Northern Kentucky Tribune (6/20/20)
• League of Women Voters urges redistricting advisory group, AP (1/13/20)