DeSantis Pushes Secret Redistricting Plan to Boost GOP in Florida Ahead of Midterms

Florida Governor Ron DeSantis is attempting to bypass the state’s constitution by secretly redrawing the state’s congressional districts to give Republicans a national advantage ahead of the midterm elections. The Florida constitution prohibits legislators from drawing districts with “the intent to favor or disfavor a political party or an incumbent.”

DeSantis has called a special session of the state legislature to vote on the new maps on Tuesday. To circumvent the constitutional ban, he is employing three key strategies, according to Axios:

• Secret Redistricting: DeSantis’s office has drafted the new congressional districts in secret, rejecting calls from state legislators for a transparent process during the regular session in January. He is the first Florida governor in state history to submit his own secretly drafted maps, and as of Thursday night, lawmakers had not yet seen them. This lack of transparency complicates legal challenges by making it difficult for plaintiffs to access records and prove intent.
• Executive Privilege Defense: Since DeSantis’s staff are drafting the maps, he can claim executive privilege as a legal defense against court challenges. He previously invoked this tactic in a 2022 challenge to new legislative maps. In that case, he also used the Apex Doctrine, which requires plaintiffs to first depose low-level staff members before higher ones, to shield his staff from depositions. The maps were ultimately upheld in federal court.
• Running Out the Clock: The third part of DeSantis’s plan involves delaying court challenges to run out the clock. The U.S. Supreme Court generally follows the “Purcell Principle”, which restricts lower courts from altering election laws too close to an election to protect voters. By prolonging legal battles, DeSantis aims to force his maps through in time for November’s midterms, though this strategy risks backfiring if courts rule the changes too close to the election.

Republicans hope Florida’s redistricting efforts can counter a recent Democratic victory in Virginia, where voters approved a state constitutional amendment allowing the Democratic-run legislature to redraw the state’s maps earlier this week.

However, even if DeSantis succeeds in getting his new maps approved, there is no guarantee Republicans will gain seats.

“The enemy gets a vote. And in an environment like this, where independents are breaking hard against us and our people aren’t showing up and Democrats are pissed, we could wind up losing a net number of seats.”