Lawsuit challenges DeSantis’ authority to call special session for redistricting

ORLANDO, Fla. (AP) — Florida Gov. Ron DeSantis doesn’t have the authority to call a special session to redraw Florida’s congressional map in the middle of the decade since that power belong to lawmakers, according to a lawsuit filed Thursday.

The Republican governor’s proclamation last month announcing a special session in April to draw new congressional districts violates the “separation of powers doctrine” of the Florida constitution, according to the lawsuit supported by the National Redistricting Foundation, a voting rights group, that was filed with the Florida Supreme Court.

DeSantis’ proclamation put Florida in a redistricting arms race among states that have redrawn districts mid-decade. Currently, 20 of Florida’s 28 congressional seats are held by Republicans.

Congressional districts in Florida that are redrawn to favor Republicans could carry big consequences for President Donald Trump’s plan to reshape congressional districts in GOP-led states, which could give Republicans a shot at winning additional seats in the midterm elections and retaining control of the closely divided U.S. House.

Nationwide, the unusual mid-decade redistricting battle has so far resulted in a total of nine more seats Republicans believe they can win in Texas, Missouri, North Carolina and Ohio — and a total of six more seats Democrats expect to win in California and Utah, putting Republicans up by three. But the redrawn districts are being litigated in some states, and if the maps hold for 2026, there is no guarantee the parties will win the seats.

In 2010, more than 60% of Florida voters approved a constitutional amendment prohibiting the drawing of district boundaries to unfairly favor one political party in a process known as gerrymandering. The Florida Supreme Court, however, last July upheld a congressional map pushed by DeSantis that critics said violated the “Fair Districts” amendment.

The lawsuit was filed against DeSantis and Florida Secretary of State Cord Byrd, who issued a directive to county supervisors of elections to implement rules used only in years when Florida districts are redrawn. The lawsuit asks that DeSantis prove he has the authority to call a special session for redistricting, and if he is unable to do so, that it declare his redistricting proclamation unenforceable.

“The decision over whether and when to reapportion Florida’s congressional districts belongs to the Legislature,” the lawsuit said. “While the Governor is entitled to call for a special session, he has no power to bind the Legislature into carrying out his preferred policy objectives by undergoing a legally unnecessary reapportionment.”

DeSantis’ office didn’t respond to an emailed inquiry seeking comment.

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