Editorial |
Lauren D. Rota
Tennessee’s New Districts Are Here to Stay Tennesseans are preparing for a major change in congressional districting in Davidson County. In February of 2022, Governor Bill Lee signed into law Public Chapter Number 598, amending Tennessee Code Annotated (T.C.A.) Section 3-1-103. The effect? Davidson County will have three congresspersons, which is two more than Davidson County has had for the last 10 years.1 Moreover, the new law eliminates five Democratic incumbents who face re-election in 2022.2 Not surprisingly, the redistricting proposal has drawn criticism from House Democrats, who argue that Republicans have reshaped the lines for political gain.3 Primer on State-Wide Districting Each of Tennessee’s nine U.S. House congresspersons and 132 state legislators are elected from political divisions called districts.4 The districting and population of these districts affects Tennesseans’ representation at the federal and state level. At the federal level, there are 435 seats in the U.S. House of Representatives.5 Each state is allotted a portion of these seats based on the size of its population relative to the other states.6 Consequently, a state may gain seats in the House if its population grows, or a state may lose seats if its population decreases, relative to populations in other states. As in most states, the power to draw and define Tennessee’s congressional districts rests with the state legislature. Every ten years, following the completion of the U.S. census, states, such as Tennessee, redraw and define district lines.7 This process, however, is not simple; the legislature must abide by a multistep process. First, the Senate and House redistricting committees propose, consider, and evaluate draft maps, including qualified maps submitted by the
public, at hearings in December or January.8 Each committee votes to approve a House, Senate, and Congressional map.9 These committee hearings are open to the public and are also open for public comment. Second, the committee-approved bills advance to the Public Service Subcommittee and the State Government Committee in the House, and the Judiciary Committee in the Senate.10 These committee hearings are open to the public. Third, both the Senate and House of Representatives consider the bills containing the House, Senate, and Congressional maps and vote whether to approve or reject the bill.11 Lastly—and assuming the bill has been approved in both legislative bodies—the governor determines whether to sign or veto the bill.12 Principles of Districting and Constitutional Requirements Federal and state-based requirements restrict Congressional redistricting. To meet federal requirements, the districting must pass muster under Equal Protection Clause of the U.S. Constitution.13 “[T]he Equal Protection Clause [of the United States Constitution] demands no less than substantially equal state legislative representation for all citizens, of all places as well as of all races.”14 In other words, judicial district must not contemplate discrimination against certain of the State’s citizens as this would constitute an impermissible impairment of their constitutionally protected right to vote.15 Tennessee’s state-based standard for allocating legislative representation among its counties is the total number of qualified voters residing in the respective counties, subject only to minor qualifica(continued on page 12)
JUNE/JULY 2022 | NASHVILLE BAR JOURNAL
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