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State Redistricting Deadlines

February 12, 2021 by TWN Staff
The California Capitol in Sacramento. (Los Angeles Times)

Title 13 of the United States Code requires the secretary of commerce to provide governors and the officials responsible for redistricting in each state with the census results.

As a general rule, legislative and congressional redistricting must be completed before filing deadlines for the next primary elections for federal and state legislators. Some states go beyond this rule, however, and set specific redistricting deadlines. These are listed below. (Source: National Conference of State Legislatures)

Alabama

Alabama Const. Art. IX, Sec. 199

Legislative: Legislature to conduct redistricting at its first session after the taking of the decennial census.
Congressional: None

Alaska

Alaska Const. Art. VI, § 10

Legislative: 90 days after the board has been appointed and the official reporting of the decennial census, the board shall adopt a final redistricting plan and issue a proclamation of redistricting.
Congressional: None

Arizona

Legislative and congressional: None

Arkansas

Ark. Const. Art. 8, § 4

Legislative: On or before Feb. 1 immediately following each federal census, the board shall reapportion the state for representatives.
Congressional: None

California

Cal Const, Art. XXI § 2

Legislative and congressional: By Aug. 15 in each year ending in the number 1, the commission shall approve four final maps that separately set forth the district boundary lines for the congressional, senatorial, assembly, and State Board of Equalization districts

On July 17, 2020, the California Supreme Court granted the Legislature’s emergency petition and issued a peremptory writ of mandate for a four-month extension to California’s redistricting deadlines. The Commission is directed to approve and certify the final statewide maps to the Secretary of State by no later than December 15, 2021.

Colorado

Colo. Const. Art. V, Section 48.2, Colo. Const. Art. V, Section 44.4

Legislative: No later than Sept. 15 of the redistricting year, the commission shall adopt final senate and house plans.
Congressional: No later than Sept. 1 of the redistricting year, the commission shall adopt a final plan, which must then be submitted to the supreme court for its review.

Connecticut

Conn. Const. Art. III., Sec. 6

Legislative and congressional: By Sept. 15 following the year in which the decennial census of the United States is taken.

Delaware

Del. Code Ann. tit. 29, § 805

Legislative: Not later than June 30, 2021.
Congressional: None

Florida

Fla. Const. Art. III, § 16

Legislative: At its regular session in the second year following each decennial census.
Congressional: None

Georgia

Legislative and congressional: None

Hawaii

HRS Const. Art. IV, § 2

Legislative and congressional: Not more than 150 days from the date on which its members are certified, the commission shall file with the chief election officer a reapportionment plan for the state legislature and a reapportionment plan for the United States congressional districts.

Idaho

Idaho Const. Art. III, Section 2

Legislative and congressional: Within 90 days after the commission has been organized or the necessary census data are available, whichever is later.

Illinois

Illinois Const., Art. IV, § 3

Legislative: General Assembly has until June 30 in the year following each decennial census.
Congressional: None

Indiana

Ind. Const. Art. 4, § 5, Ind. Code Ann. § 3-3-2-1, Ind. Code Ann. § 3-3-2-2

Legislative: None

Congressional: At the first regular session of the general assembly convening immediately following the United States decennial census.

Iowa

Iowa Code § 42.3

Legislative and congressional: Not later than Sept. 1 of each year ending in 1. The legislature shall complete legislative redistricting by September 1 and for the bill to become law through Governor signature (or veto override) by September 15.

Kansas

Kan. Const. Art. 10, § 1

Legislative: By the end of its regular session.
Congressional: None

Kentucky

Ky. Const. § 33

Legislative: The first General Assembly after the adoption of this constitution shall divide the state into 38 senatorial districts, and 100 representative districts. The General Assembly shall then, and every 10 years thereafter, redistrict the state. (Constitution was first adopted in 1792).
Congressional: None

Louisiana

La. Const. Art. III, § 6

Legislative: By the end of the year following the year in which the population of this state is reported to the president of the United States for each decennial federal census.
Congressional: None

Maine

Me. Const. Art. IV, Pt. 1, § 3, Me. Const. Art. IV, Pt. 2, § 2, Me. Rev. Stat. tit. 21-A, § 1206

Legislative: The apportionment plan of the commission shall be submitted to the clerk of the House and the secretary of the Senate no later than June 1 of the year in which apportionment is required. The Legislature shall enact the submitted plan of the commission or a plan of its own by June 11 of the year in which apportionment is required.
Congressional: In 2021 and every 10 years thereafter, the commission shall submit its plan to the clerk of the House of Representatives no later than June 1. The Legislature shall enact the submitted plan of the commission or a plan of its own in regular or special session by a vote of 2/3 of the members of each house by June 11. This action is subject to the Governor’s approval.

Maryland

Md. Const. art. III, Section 5

Legislative: By the 45th day after the opening of the regular session of the General Assembly in the second year following every census.
Congressional: None

Massachusetts

ALM Constitution Amend. Art. CI

Legislative: At its first regular session after the year in which said census was taken.
Congressional: None

Michigan

MCLS Const. Art. IV, § 6, Mich. Comp. Laws Serv. § 3.62, Mich. Comp. Laws Serv. § 4.261

Legislative and congressional: Not later than Nov. 1 in the year immediately following the federal decennial census, the commission shall adopt a redistricting plan for each of the following types of districts: state senate districts, state house of representative districts, and congressional districts.

Minnesota

Minn. Const., Art. IV, § 3, Minn. Stat. § 204B.14

Legislative and congressional: At its first session after each enumeration of the inhabitants of this state made by the authority of the United States, the legislature shall have the power to prescribe the bounds of congressional and legislative districts.

Mississippi

Miss. Const. Ann. Art. 13, § 254, Miss. Const. Ann. Art. 4, § 36, Miss. Code Ann. § 5-3-93, Miss. Code Ann. § 5-3-123

Legislative: The members of the committee shall draw no later than fifteen (15) days prior to the scheduled adjournment of the next regular session of the Legislature following the delivery of the decennial census data to the state and every ten (10) years thereafter and at such other times as they may be directed by joint resolution of the Mississippi Legislature.
Congressional: The members of the committee shall draw a plan to redistrict no later than thirty (30) days preceding the convening of the next regular session of the legislature after the results of the 1980 decennial census are published and every ten (10) years thereafter.

Missouri

Mo. Const. Art. III, § 2, Mo. Const. Art. III, § 3, Mo. Const. Art. III, § 7

Legislative: The non-partisan State Demographer to begin drawing maps within 10 days of when the President receives the Census counts and file a tentative plan within 6 months of when the population counts are reported to the President. The tentative plan filed by the Non-Partisan State Demographer, or adjustments to that plan made by the House Apportionment Commission, will become final within 8 months of when the population counts are reported to the President. Not later than five months after the appointment of the commission, the commission shall file with the secretary of state a tentative plan of apportionment and map of the proposed districts. Not later than six months after the appointment of the commission, the commission shall file with the secretary of state a final statement of the numbers and the boundaries of the district.
Congressional: None

Montana

Mont. Const., Art. V § 14

Legislative: The commission shall submit its plan for legislative districts to the legislature at the first regular session after its appointment or after the census figures are available. This is the 2023 session. Within 30 days after submission, the legislature shall return the plan to the commission with its recommendations. Within 30 days thereafter, the commission shall file its final plan for legislative districts with the secretary of state and it shall become law.
Congressional: Within 90 days after the final decennial census figures are available.

Nebraska

Legislative and congressional: None

Nevada

Nev. Const. Art. 4, § 5

Legislative: In the first session after the taking of the decennial census. (2021)
Congressional: None

New Hampshire

N.H. Const. Pt. SECOND, Art. 9, N.H. Const. Pt. SECOND, Art. 26

Legislative: By the end of the regular session following the decennial census
Congressional: None

New Jersey

N.J. Const., Art. IV, Sec. III, Para. 1

Legislative: One month of the receipt by the governor of the official decennial census or on or before Feb. 1 of the year following the year in which the census is taken, whichever date is later.
Congressional: On or before the third Tuesday of each year ending in 2, or within three months after receipt in each decade by the appropriate state officer of the official statement by the clerk of the United States House of Representatives.

Note: On November 3, 2020, the voters in New Jersey approved a constitution amendment. This amendment would add in a deadline date, of February 15, to receive the federal census data. If the census data arrives after February 15, redistricting would be delayed by two years and the previous maps would be used until the new maps can be drawn.

New Mexico

Legislative and congressional: None

New York

NY CLS Const Art III, § 5-b

Legislative and congressional: There are no legislative deadlines, but the New York Independent Commission has a deadline. The Commission must combine the Senate and Assembly plans in one proposed bill and submit it to the legislature by Jan. 1, 2022 (with an allowance to submit as late as Jan. 15, 2022 if necessary). If the legislature rejects the first plan or the governor vetoes it, the commission must submit a second plan to the legislature no later than Feb. 28, 2022. If the legislature rejects the first and second plan, there is still no deadline for the legislature itself to act.

North Carolina

N.C. Const. art. II, Section 3, N.C. Const. art. II, Section 5

Legislative: At the first regular session convening after the return of every decennial census.
Congressional: None

North Dakota

N.D. Const. Art. IV, § 2

Legislative: Until the adjournment of the first regular session after each decennial census. (2021)
Congressional: None

Ohio

Oh. Const. Art. XI, § 1, Oh. Const. Art. XIX, § 1

Legislative: Not later than the first day of September of a year ending in the numeral 1. If there is no such bipartisan commission approval by that date, the commission has until Sept. 15 to try again to adopt a bipartisan approved 10 year map, or instead just a simple majority 4 year map.
Congressional: Not later than the last day of September of a year ending in the numeral 1. If there is no such bipartisan legislature approval by that date, the Ohio redistricting commission has until Oct. 31 to adopt a bipartisan commission approved 10 year map; further, if there is no such bipartisan commission approval by that date, the legislature has until Nov. 30 to try again to adopt a bipartisan legislature approved 10 year map, or instead just a simple majority 4 year map.

Oklahoma

Okl. Const. Art. V, § 11A

Legislative: Within 90 legislative days after the convening of the first regular session of the legislature following each federal decennial census.
Congressional: None

Oregon

Ore. Const. Art. IV, § 6, Or. Rev. Stat. Ann. § 188.125

Legislative: By July 1 of the year of the odd-numbered year regular session following an enumeration of the inhabitants by the US government. If there is no legislative plan enacted by July 1, the Secretary of State must adopt a plan by August 15.
Congressional: By July 1 of the year of the odd-numbered year regular session. If the legislature does not pass a congressional plan by July 1, a citizen can file a suit in Marion County Court. The Chief Justice of the Oregon Supreme Court appoints retired judges to be on a panel that adopts a congressional plan. Then the Supreme Court reviews the plan and approves or rejects it.

Pennsylvania

Pa. Const. Art. II, § 17

Legislative: No later than 90 days after either the commission has been duly certified or the population data for the commonwealth as determined by the federal decennial census are available, whichever is later in time, the commission shall file a preliminary reapportionment plan.
Congressional: None

Rhode Island

Legislative and congressional: None

South Carolina

Legislative and congressional: None

South Dakota

S.D. Const. Article III, § 5

Legislative: By Dec. 1 of the year in which the apportionment is required.
Congressional: None

Tennessee

Legislative and congressional: None

Texas

Tex. Const. Art. III, § 28

Legislative: During the first regular session after the publication of each United States decennial census, the legislature will apportion the state into senatorial and representative districts. Texas has biennial session and the next session will be 2021.
Congressional: None

Utah

Utah Const. Art. IX, § 1

Legislative and congressional: No later than the annual general session next following the legislature’s receipt of the census.

Vermont

Vt. Stat. Ann. tit. 17, § 1905 – § 1907

Legislative and congressional: A tentative plan is due on or before July 1 of the year following each decennial census; the final proposal is due not later than Aug. 15.

Virginia

Va. Const. Art. II, Section 6

Legislative and congressional: The General Assembly shall reapportion the Commonwealth into electoral districts in the year 2011 and every 10 years thereafter.

Washington

Wash. Const. Art. II, § 43; Wash. Rev. Code Ann. § 44.05.100

Legislative and congressional: Not later than Nov. 15 of the year ending in 1, Washington commission must submit its plan to the legislature. After submission, the legislature will have 30 days to amend the commission’s plan.

West Virginia

Legislative and congressional: None

Wisconsin

Wis. Const. Art. IV, § 3

Legislative: At its first session after each enumeration made by the authority of the United States, the legislature shall apportion and district anew the members of the senate and assembly.
Congressional: None

Wyoming

Wyo. Const. Art. 3, § 48

Legislative: At the first budget session of the legislature following the federal census. (2022)
Congressional: None

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