DeSantis Moves to Override Florida Gerrymandering Ban With New Redistricting Plan
Gov. Ron DeSantis is pushing a three-tier strategy to bypass Florida's partisan gerrymandering ban.
Why it matters: This power play could reshape Florida’s congressional delegation and test the limits of state constitutional protections against partisan redistricting. Legal, compliance, and election professionals should watch closely as the move faces scrutiny and likely court challenges, with potential implications nationwide.
- DeSantis’ plan could add up to four Republican-leaning House seats by redrawing district maps.
- His strategy uses executive privilege, secretive drafting, and bypasses standard legislative processes.
- A special legislative session is scheduled to review the plan from April 20–24, 2026.
- The Florida Supreme Court, with 6 of 7 justices appointed by DeSantis, may decide likely legal challenges.
Florida Governor Ron DeSantis is employing a three-pronged approach to sidestep the state's constitutional ban on partisan gerrymandering, intensifying partisan legal battles over redistricting ahead of the 2026 elections.
- The plan centers on three tactics: invoking executive privilege to shield map drafters from scrutiny, drafting new district maps in secrecy, and circumventing the usual legislative process, according to Axios reporting.
- If successful, the changes could shift Florida’s U.S. House seats from the current 20 Republicans and 8 Democrats to 22 Republicans and 6 Democrats—a significant boost for the GOP in Congress.
- Florida's Fair Districts amendment, approved by voters in 2010, expressly bars redistricting with the intent to benefit a political party. Rep. Ashley Gantt (D-Miami) called the move “literally nullifying a section of the constitution that is unambiguous.”
- A special legislative session to consider the plan is set for April 20–24, with expectations of contentious debate and swift legal challenges.
- DeSantis’ sway over the judiciary is notable—he has appointed six of the seven justices on the Florida Supreme Court, including Judge Adam Tanenbaum, who previously supported DeSantis’ 2022 redistricting efforts.
Election law scholars anticipate intense scrutiny. Michael Morley, of Florida State University’s Election Law Center, noted the legislature “will have to be able to demonstrate that it did so for reasons other than increasing the number of Republican seats.” Meanwhile, Stetson University’s Ciara Torres-Spelliscy cautioned that the Court’s reaction is unpredictable if the new map is “blatantly drawn solely to aid the Republican Party.”
The full proposal remains under wraps, leaving legal observers and in-house counsel bracing for possible lawsuits and a closely-watched judicial test of Florida’s constitutional amendment.
By the numbers:
- 20 Republicans, 8 Democrats — Current Florida congressional split
- 22 Republicans, 6 Democrats — Projected GOP advantage with new plan
- 6 of 7 — Florida Supreme Court justices appointed by DeSantis
Yes, but: Details of the proposed maps and the timeline for ensuing legal proceedings have not been disclosed.
What's next: A special legislative session will review the plan between April 20 and April 24, 2026.