When people talk about redistricting what are they referring to

The American system of representative democracy rests primarily on the concept of equal representation in legislative bodies. This means using some mechanism that ensures that each member of such lawmaking bodies represents approximately the same number of people.

On the national level, equal representation is required only for the House of Representatives (every state is apportioned exactly two seats in the U.S. Senate). Additionally, all of the state legislatures require that the seats are apportioned to districts having roughly the same population.

How do we ensure equality of representation? We do this by counting periodically – every ten years in the decennial census of the population – all of the people in every state, in every county, and on every street. Then we (rather, our elected representatives in the state legislatures) redraw the lines of the congressional and the state legislative districts within each state.

Of course, the state legislatures must follow all of the rules established by the U.S. Constitution and their respective state constitutions regarding how such districts can be drawn. The problem is that there aren't very many rules that must be followed. And the ones that do exist aren't very detailed. This opens the door to considerable, let us say, creativity (some call it gerrymandering) when drawing the shapes of congressional and state legislative districts.

The U.S. Constitution and Redistricting

The Constitution of the United States specifies the apportionment of seats of the House of Representatives to the various states on the basis of each state's population (for the upper chamber, the Senate, each state is apportioned exactly two seats each). The U.S. Constitution says nothing about drawing districts for the individual state legislatures.

"Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers..." [Article I, section 2]

Of course, you have to know how many people actually live in the various states, and you have to be sure to update those numbers on a periodic basis because of population changes. That's why Article I (the legislative article) of the Constitution requires that a census of the population be conducted every ten years. It states:

"The actual Enumeration [of the population] shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct." [Article I, section 2]

Despite requiring reapportionment after each decennial census of the population, the Constitution is silent on the actual process of redrawing districts for the U.S House of Representatives (or for districts for the state legislatures). Admired for its brevity and flexibility, the Constitution says this about the election of members of Congress:

"The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators." [Article I, section 4]

It is of little wonder, then, that politicians have tried to rig the process and the outcomes of redistricting since the founding of the Republic. Indeed, the term gerrymander (drawing legislative districts to maximize political goals at the expense of all other considerations) was coined in 1812, when our new country was still in its infancy.

Over the years, particularly in the post-Civil Rights era, the U.S. Supreme Court and the Department of Justice have placed restrictions on the redrawing of congressional and legislative districts to protect the representation of racial and ethnic minorities (see minority vote concentration and minority vote dilution in the glossary). Despite these, the practice of drawing districts for political advantage has not been fundamentally challenged.

The Texas Constitution and Redistricting

The Texas Constitution provides many more details in its specification of government structure and procedures than does the U.S. Constitution. This is not surprising given that the state document in its original form was almost fifteen times as long as its counterpart on the national level.

So, it seems natural that it would provide more specific rules on how to draw legislative and congressional districts than the U.S. Constitution. Despite the added coverage, however, the limited nature of these additional redistricting rules is striking.

Let's zoom in.

The main article in the Texas Constitution that specifies the Legislative Department (Article 3) identifies a few specific characteristics required of all legislative districts (it is silent on congressional districts). The state constitution identifies really only two requirements with regard to the shape and boundaries of state legislative districts: contiguity and preservation of the integrity of counties (where possible).

First we have the section title "Senatorial Districts" (Article 3, section 25), which spanning just twenty-one words requires only that the territory of senatorial districts be contiguous: "The State shall be divided into Senatorial Districts of contiguous territory, and each district shall be entitled to elect one Senator."

The section on districts for the House of Representatives (Article 3, section 26) is notably much more detailed. Indeed, even the section title is more descriptive: "Apportionment of Members of House of Representatives."

In addition to specifying that the territory of House districts be contiguous, the framers added language that requires keeping whole counties intact when drawing district lines.

"[W]henever a single county has sufficient population to be entitled to a Representative, such county shall be formed into a separate Representative District, and when two or more counties are required to make up the ratio of representation, such counties shall be contiguous to each other; and when any one county has more than sufficient population to be entitled to one or more Representatives, such Representative or Representatives shall be apportioned to such county, and for any surplus of population it may be joined in a Representative District with any other contiguous county or counties."

So, that's it: contiguity and preserving the integrity of counties where possible. Although these requirements say much more about how legislative districts must be drawn than anything in the U.S. Constitution, they still leave much room for the creative musings of our state legislators. The rules do matter, and they must be respected. But sometimes it is difficult to devise rules for something as complex as redistricting.

Source: Texas Legislature Online and Cornell University

Redistricting is the process of drawing the lines of districts from which public officials are elected. When it’s conducted fairly, it accurately reflects population changes and racial diversity, and is used by legislators to equitably allocate representation in Congress and state legislatures. When politicians use redistricting to manipulate the outcome of elections, however, it’s called gerrymandering — a practice that undermines democracy and stifles the voice of voters. Voters should be picking their politicians. Not the other way around.

Sophia Lakin, Deputy Director of the ACLU’s Voting Rights Project, answers some of the most frequently asked questions about redistricting.

What’s the difference between redistricting and gerrymandering?

The process of redistricting is lawful and equitable when it’s conducted properly. It is also frequently a necessary process to reflect changes in population changes and racial diversity after each decennial Census. When redistricting is used as a tool to manipulate electoral outcomes or discriminate against certain groups, it ceases to be lawful and equitable, and we call it gerrymandering.

Why bother with redistricting?

The Constitution and the federal courts require it. It’s also the fair and equitable thing to do. Historically many states did not redistrict to reflect shifts and growth in their populations. In a series of cases in the 1960s, one of which coined the phrase “one person, one vote,” the Supreme Court held that the Fourteenth Amendment guaranteed “equality” of voting power and that the electoral systems in states which failed to allocate voting power on the basis of population were unconstitutional. According to the 2020 Census data, nearly all of this country’s population growth this last decade was due to the growth in communities of color. Redistricting is an opportunity to ensure that our maps reflect that growing diversity.

The Census Bureau released population counts that states will use to draw district lines for representation in Congress, state legislatures, and county and municipal offices.

So what do these district lines influence? Our Voting Rights Project deputy director breaks it down.

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Who conducts redistricting?

In most states, the state legislature is responsible for drawing district lines. However, 15 states (Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Michigan, Missouri, Montana, New Jersey, Ohio, Pennsylvania, Virginia, and Washington) use special redistricting commissions to draw state legislative districts. Six of these states (Arizona, Hawaii, Idaho, Montana, New Jersey, Washington) also use a board or commission to draw congressional plans, while 10 states (Maine, New Mexico, New York, Rhode Island, Utah, Vermont, Connecticut, Illinois, Mississippi, Oklahoma, and Texas) use an advisory or remedial commission in the event the legislature is unable to pass new plans. Iowa is different from all others in that district plans are developed by nonpartisan legislative staff with limited criteria for developing plans.

Is redistricting the same as reapportionment?

Reapportionment refers to the allocation of representatives to previously established voting areas, as when Congress allocates, or “apportions,” seats in the House of Representatives to the several states following the decennial census. So, for example, based on the population changes captured in the 2020 census, the reapportionment process reshuffled the 435 congressional seats among the 50 states such that certain states like Texas gained congressional seats while some states like New York lost seats. Redistricting is the process of redrawing district lines based on population changes and in some cases may have to take into account a loss or gain of a representative after the reapportionment process.

What is vote dilution?
Vote dilution refers to the use of redistricting plans and other voting practices that minimize or cancel out the voting strength of particular voters, often voters of color. While race-based vote dilution is prohibited by the Constitution and the Voting Rights Act, the practice continues to ​diminish the true political strength of communities of color in particular by fracturing ​those populations across multiple districts or improperly concentrating them together in a single district. Again, the 2020 census shows that nearly all of the country’s growth over the past decade is attributable to the growth in our nation’s communities of color. Redistricting plans should reflect that reality.

How can we make sure redistricting is conducted fairly?
We all need to be involved in the process. We should stay informed of plans to redraw federal, state, and local district lines; attend meetings where plans are presented and evaluated; contact organizations willing to evaluate proposed plans and offer alternatives; write letters of support or opposition to elected officials and the Department of Justice; and seek needed legal advice. The goal of redistricting is to provide fair and effective representation for all. We can help achieve that goal by actively participating in the redistricting process.