Return to News Sep 06, 2023

Florida Judge Strikes Down DeSantis Congressional Map

WASHINGTON – On September 2, a state trial court judge in Florida struck down the state’s congressional map, finding that the redistricting plan championed by Gov. Ron DeSantis and enacted by the Florida Legislature following the 2020 census violated the Florida Constitution. The map rejected by Judge J. Lee Marsh dismantled the previous configuration of Florida’s 5th Congressional District, illegally diminishing the ability of Black voters in North Florida to elect their candidate of choice.

In April 2022, Elias Law Group attorneys filed a lawsuit challenging Florida’s map on behalf of plaintiffs including Black Voters Matter, Equal Ground Education Fund, League of Women Voters of Florida, Florida Rising Together and individual Florida voters, with support from the National Redistricting Foundation.

Elias Law Group Partner Abha Khanna, who argued on behalf of plaintiffs challenging the map in a hearing before Judge Marsh last month, released the following statement:

“The redistricting plan enacted by the Florida legislature last year diminishes the electoral power of Black Floridians, in a clear violation of the Fair Districts Amendments of the Florida Constitution. By rejecting this unconstitutional congressional map, the Court has paved the way for Black voters in North Florida to regain the ability to elect their preferred candidate to the U.S. House of Representatives that the enacted map eliminated. We are proud to represent Florida voters, as well as Black Voters Matter, Equal Ground Education Fund, League of Women Voters of Florida and Florida Rising Together, in partnership with the National Redistricting Foundation, to secure fair and legal districts for Floridians.”

In the order issued on September 2, Judge Marsh wrote that “this case is about whether the Legislature, in enacting its most recent congressional redistricting plan, violated the Florida Constitution by diminishing the ability of Black voters in North Florida to elect representatives of their choice. It is also about whether that provision of the Florida Constitution violates the 14th Amendment to the U.S. Constitution. In short, the answers are yes and no, respectively.”

“For those reasons, this Court will declare the enacted map unconstitutional and enjoin the Secretary of State from using that map in future congressional elections. This Court will return the matter to the Legislature to enact a new map which complies with the Florida Constitution,” Judge Marsh concluded.

Click HERE to read the entire opinion.