Gold Dome Alert – Court Tosses Legislative Maps, Special Legislative Session Likely

Nelson Mullins Riley & Scarborough LLP

UPDATE: Following the publication of this alert, Governor Brian Kemp issued a call for a special legislative session beginning on Wednesday, Nov. 29, 2023. The call is limited to redrawing the state’s electoral maps and other perfunctory legislative business.

Recently, the U.S. District Court for the Northern District of Georgia ruled that several of Georgia’s Congressional, State Senate, and State House maps, adopted after the 2020 Census, violate Section 2 of the Voting Rights Act. Specifically, the court ruled that the following districts “lack equal openness in Georgia’s election system” for Black voters:

  • Georgia Congressional Districts 3, 6, 11, 13, 14;
  • Georgia State Senate Districts 10, 16, 17, 25, 28, 30, 34, 35, 43, 44; and
  • Georgia State House Districts 61, 64, 74, 78, 117, 133, 142, 143, 145, 147, 149.

The court offered the state an opportunity to adopt and submit new maps by December 8, 2023. The court also directed that new maps should provide for “an additional majority-Black congressional district in west-metro Atlanta; two additional majority-Black Senate districts in south-metro Atlanta; two additional majority-Black House districts in south-metro Atlanta, one additional majority Black House district in west-metro Atlanta, and two additional majority-Black House districts in and around Macon-Bibb.” This could threaten the re-election of several incumbent legislators.

Governor Kemp is likely to call a special session of the Georgia General Assembly in the coming weeks to allow legislators to redraw and adopt new maps. During a special session, legislators are limited to considering issues that are included in the governor’s call. While drawing new maps would be the primary issue in the likely special session, we’ll be watching to see if other issues are included in the call.

You can read the court’s entire order here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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