“On the eve of the petitioning deadline, candidates — incumbents and insurgents alike — were thrown for a loop,” said Jerry H. Goldfeder, an elections lawyer at Stroock & Stroock & Lavan who advises Democratic candidates.
He called it “a perfect example of why courts shouldn’t interfere with election procedures at the 11th hour.”
Though Justice McAllister did not explicitly delay the primary, his order for lawmakers to redraw new district lines that could win bipartisan support almost certainly would have required the primary to be rescheduled.
The ruling prompted the State Board of Elections to issue guidance late last week that prematurely said the decision had been stayed and advised candidates that “all other deadlines provided for by law are still in effect pending further court determinations and the petitions would still be due this week.”
How U.S. Redistricting Works
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What is redistricting? It’s the redrawing of the boundaries of congressional and state legislative districts. It happens every 10 years, after the census, to reflect changes in population.
How does it work? The census dictates how many seats in Congress each state will get. Mapmakers then work to ensure that a state’s districts all have roughly the same number of residents, to ensure equal representation in the House.
Who draws the new maps? Each state has its own process. Eleven states leave the mapmaking to an outside panel. But most — 39 states — have state lawmakers draw the new maps for Congress.
If state legislators can draw their own districts, won’t they be biased? Yes. Partisan mapmakers often move district lines — subtly or egregiously — to cluster voters in a way that advances a political goal. This is called gerrymandering.
Is gerrymandering legal? Yes and no. In 2019, the Supreme Court ruled that the federal courts have no role to play in blocking partisan gerrymanders. However, the court left intact parts of the Voting Rights Act that prohibit racial or ethnic gerrymandering.
But after the board posted that guidance on Twitter, lawyers for the Republican plaintiffs said the messages were spreading misinformation. On Friday, they sent a cease-and-desist letter demanding that the state remove the Twitter post unless and until there was an actual stay from a judge, which did not come until Monday.
John J. Faso, a former Republican congressman aiding the Republican lawsuit, conceded that Justice Lindley’s stay had now clarified the situation, but he predicted that his side would still prevail in the appeals process.
“While Democrats want to delay the judicial process so that they can run one election on these unconstitutional maps, we are confident the courts will see through that gambit and will order constitutional maps for the 2022 elections,” Mr. Faso said on Monday.