2 South Florida voters file lawsuit challenging DeSantis' power to redraw state congressional districts
Two South Florida voters want the state Supreme Court to determine if Gov. Ron DeSantis had the authority to call for mid-decade congressional redistricting and delay candidate qualifying.
The petition asks the court to determine if the governor's Jan. 7 proclamation for a special legislative session the week of April 20 to redraw congressional districts encroached on the power of the Legislature as it proclaimed that 2026 is "a year in which the Legislature will apportion the state."
The petition, by Miami-Dade County resident Elizabeth Pines and Broward County resident Eugene Pettis, also questions DeSantis' directive to Secretary of State Cord Byrd, which included a delay in Congressional qualifying from the week of April 20 to June 8 to June 12.
"The Governor's and Secretary's unilateral attempt to bind the Legislature into undergoing legally unnecessary redistricting violates Florida's separation of powers," the petition states.
DeSantis and Byrd are named respondents.
Representatives from both offices were not immediately available for comment.
Florida could be the 4th Republican-led state to undergo mid-decade redistricting
If the court determines if the governor exceeded his authority, they want his proclamation and directive to be not binding or enforceable unless the Legislature passes a reapportionment plan or enacts legislation to undergo redistricting this year.
The petitioners are represented by Orlando attorney Frederick Wermuth and Christina Ford of the Washington, D.C.-based Elias Law Group LLP.
Democracy Docket states that the petition request is important because Florida could be the fourth GOP-led state to undergo mid-decade redistricting to assist President Donald Trump's effort to maintain Republican control of the U.S. House.
Redrawing lines in the middle of the decade would be highly unusual, as redistricting traditionally occurs after the U.S. census is released.
DeSantis' proclamation came after the Florida House, whose leaders have clashed with DeSantis on a variety of issues during the past year, started their own redistricting review.
The Senate has not shown any work regarding mid-decade redistricting.
DeSantis contends new congressional district lines would better reflect Florida's increased population since the 2020 census was conducted.
Florida Republican Party Chairman Evan Power has surmised that the party could pick up three to five seats with redrawn lines, which would be expected to mostly impact Tampa, Orlando and South Florida districts.
Democrats, who are far outnumbered by Republicans in the Florida House and Senate, and groups such as the League of Women Voters of Florida have warned that a mid-decade redistricting process would lead to costly litigation. Such litigation likely would focus, at least in part, on 2010 state constitutional amendments --- known as the Fair Districts amendments --- that created standards for redistricting.