Uncertainty looms over redistricting commission's redraw of Detroit area legislative maps

A request from Michigan's redistricting commission pending before the U.S. Supreme Court to halt the redrawing of metro Detroit state House districts currently underway received support from Secretary of State Jocelyn Benson, who raised the prospect in a court filing Wednesday that election officials may struggle to implement new maps in time for the August 2024 primary.

A federal three-judge panel ruled unconstitutional more than a dozen state legislative districts created by the citizen-led group in Michigan responsible for drawing the lines. The mappers drew 13 voting districts that run through Detroit based on race in violation of the Equal Protection Clause of the U.S. Constitution, the panel found. The judges ordered the commission to fix the invalidated state House districts, publishing new maps for public input by early February.

U.S. Supreme Court could hit pause on Detroit area mapping

The commission hopes the U.S. Supreme Court will halt the redraw. In an emergency application to U.S. Supreme Court Justice Brett Kavanagh — who is assigned to the circuit that includes Michigan — the commission asked for a stay of the panel's order barring the use of the current state legislative maps in future elections.

In its application for a stay pending the commission's forthcoming appeal of the lower court's decision, lawyers for the commission argue that the mappers' use of race to draw Detroit-based districts was "narrowly tailored" to comply with the Voting Rights Act. The federal law requires in some places drawing voting districts that provide protected racial minorities an opportunity to elect their preferred candidates.

Kavanagh could have denied the commission's application outright. Instead, he asked the Detroit area voters who sued the commission to respond. He did not grant an interim stay before receiving plaintiffs' response. But now, Kavanagh has the legal arguments from both sides in hand and could move soon to grant or reject the commission's request to hit pause on adjusting the seven invalidated state House districts.

Redistricting commission moves ahead with new maps

In the meantime, the redistricting commission has begun to draw new state House maps in Detroit to comply with the order from the three-judge panel that ruled against the districts, which requires the mappers to put forward altered lines by Feb. 2.

The panel also ordered the commission to solicit public comment on the new lines, holding at least one public hearing in Detroit by Feb. 23. The commission has until March to submit a final state House map to the panel.

The panel has appointed a special master to draw a separate state House map in the event that the commission fails to comply with that timeline or draws maps that don't pass legal muster. Additionally, a separate court-appointed special master will carry out a legal review of the maps for the panel.

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Michigan's chief elections officer uncertain new maps can take effect for August 2024 primary

Even if the U.S. Supreme Court allows the redraw to proceed and the panel approves new maps, Michigan Secretary of State Jocelyn Benson raised the prospect her office may struggle to implement new voting districts in time for the Aug. 6 primary when every state House seat is up for reelection.

In a legal filing, Benson did not weigh in on whether the redistricting commission illegally drew lines based on race. But she wants the U.S. Supreme Court to stay the lower court's injunction ordering the commission to redraw state House districts, saying it "threatens an orderly administration" of the upcoming primary.

It remains unclear whether adjustments to the state House map will only affect the invalidated districts or adjacent districts and whether any voting precincts will be split into separate districts in the process, Benson's filing notes. It's not impossible for election administrators to implement new maps, Benson's filing states. But with questions looming over the redrawing process, Benson expressed concerns about what lies ahead, stating in her filing "it remains uncertain whether the Secretary can put in place district changes without risk of error or disruption to the August 2024 primary election."

Contact Clara Hendrickson at chendrickson@freepress.com or 313-296-5743. Follow her on X, previously called Twitter, @clarajanehen.

This article originally appeared on Detroit Free Press: US Supreme Court could halt redraw of Detroit districts