Updates About Redistricting

In a 6-3 decision, the U.S. Supreme Court rejected the “independent state legislature theory” in Moore v. Harper.

The case stems from North Carolina’s most-recently drawn congressional map, which was argued to be racially gerrymandered. The North Carolina Supreme Court had ruled that the map was in violation of the state’s constitution, but others argued that the independent state legislature theory allowed the map to be valid. This theory asserts that state legislatures have sole authority to establish federal election laws without review by courts or governors.

Secretary of State Jocelyn Benson issued a statement on the Supreme Court’s decision, stating it was a “victory for Michigan’s citizen-led and voter-enacted independent redistricting process”.

As previously reported in Updates from the Capitol, the Michigan Independent Citizens Redistricting Commission (MICRC) sued the state Legislature for failure to properly fund the commission on December 12, 2022. The commission expected the Legislature to appropriate around $3.1 million to the commission for Fiscal Year (FY) 2023, but a year-end supplemental was not passed prior to adjournment.

On January 18, the Senate passed two close-of-books supplemental appropriations bills to provide funding for multiple departments for FY 2021-22 and FY 2022-23. The supplementals included $1.5 million for MICRC’s expenses, about half of what the commission originally asked for in 2022.

Senate Bill 7 appropriates $146.3 million for FY 2021-22 and $1.5 million for FY 2022-23. Senate Bill 8, a School Aid supplemental, appropriates $45.6 million for FY 2021-22 and $27.9 million for FY 2022-23. Both bills have been transmitted to the House for further consideration.

On Monday, December 12, the Michigan Independent Citizens Redistricting Commission (MICRC) filed a lawsuit against both chambers of the Michigan Legislature. The lawsuit was filed to compel the Legislature to appropriate around $3.17 million to the commission for the Fiscal Year 2023.

The ICRC claims that this funding is required under the 2018 constitutional amendment, which warranted the creation of the bipartisan panel. Lawmakers did not pass a year-end supplemental appropriations bill before the adjournment of the 101st session.