Mid-Decade Redistricting

Alabama

Ala. Const. Art. IX, § 198, 200

The members of the [state] house of representatives shall be apportioned by the legislature among the several counties of the state, according to the number of inhabitants in them, respectively, as ascertained by the decennial census of the United States, which apportionment, when made, shall not be subject to alteration until the next session of the legislature after the next decennial census of the United States shall have been taken.

It shall be the duty of the legislature… to divide the state into as many senatorial districts as there are senators… such districts, when formed, shall not be changed until the next apportioning session of the legislature, after the next decennial census of the United States shall have been taken.

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Alaska

Alaska Const. Art. VI, § 10

The final plan shall set out boundaries of house and senate districts and shall be effective for the election of members of the legislature until after the official reporting of the next decennial census of the United States.

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Arizona

Ariz. Const. Art. IV, pt. 2 § 1

By Feb. 28 of each year that ends in one, an independent redistricting commission shall be established to provide for the redistricting of congressional and state legislative districts… The independent redistricting commission shall establish congressional and legislative districts.

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Arkansas

Ark. Const. Art. VIII, § 2-4

On or before Feb. 1 immediately following each federal census, said board shall reapportion the state for Representatives.

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California

Cal. Const. Art XXI, § 1

In the year following the year in which the national census is taken under the direction of Congress at the beginning of each decade, the Citizens Redistricting Commission shall adjust the boundary lines of the congressional, State Senatorial, Assembly, and Board of Equalization districts (also known as "redistricting").

In each year ending in the number one, the commission shall approve four final maps that separately set forth the district boundary lines for the congressional, Senatorial, Assembly, and State Board of Equalization districts.

Legislature v. Deukmejian, 669 P.2d 17 (Cal. 1983): The California supreme court rejected a congressional mid-decade redistricting attempt that was part of a citizen-initiated ballot measure. This ruling came before California's redistricting commission was created and applies to a citizen-initiated statutory ballot measure.

Colorado

Colo. Const. Art. V, § 44, 44.1, 46, 48, 48.2

"Redistricting year" means the year following the year in which the federal decennial census is taken.

When a new apportionment is made by congress, the commission shall divide the state into congressional districts accordingly.

After each federal decennial census of the United States, the members of the commission shall be appointed and convened.

No later than Sept. 1 of the redistricting year, the commission shall adopt a final [congressional] plan.

After each federal decennial census, the senatorial districts and representative districts shall be established, revised, or altered, and the members of the senate and the house of representatives apportioned among them, by the independent legislative redistricting commission.

No later than Sept. 15 of the redistricting year, the commission shall adopt final senate and house plans.

Salazar v. Davidson, 79 P.3d 1221 (Colo. 2003): The Colorado supreme court held that congressional redistricting may only occur once every 10 years after the decennial census and congressional apportionment and before the following general election.

Connecticut

Conn. Const. Art. III, § 6

The assembly and senatorial districts and congressional districts as now established by law shall continue until the regular session of the general assembly next after the completion of the taking of the next census of the United States. On or before the 15th day of February next following the year in which the decennial census of the United States is taken, the general assembly shall appoint a reapportionment committee… Thereafter the general assembly shall decennially at its next regular session or special session called for the purpose of adopting a plan of districting following the completion of the taking of the census of the United States.

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Delaware

Del. Const. Art. II, § 2a

After each official federal decennial census the new Representative Districts created under this Section shall be abolished and the Representative Districts set forth in Section 2 of this Article shall again be re-divided as set forth herein.

Within 120 calendar days following the official reporting to the President of the United States of each decennial census…the governor, on behalf of the Commission, shall file with the secretary of state the plan for redistricting and reapportioning.

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Florida

Fl. Const. Art. III, § 16, 20

The legislature at its regular session in the second year following each decennial census, by joint resolution, shall apportion the state.

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Georgia

Ga. Const. Art. III,§ 2 pt. 2

The apportionment of the Senate and of the House of Representatives shall be changed by the General Assembly as necessary after each United States decennial census.

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Hawaii

Haw. Const. Art. IV § 1, 9

The year 1981, and every 10th year thereafter shall be reapportionment years.

The commission shall, at such times as may be required by this article and as may be required by law of the United States, redraw congressional district lines for the districts from which the members of the United States House of Representatives allocated to this State by Congress are elected.

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Idaho

Idaho Const. Art. III, § 4

The members of the legislature following the decennial census of 2020 and each legislature thereafter shall be apportioned to 35 legislative districts of the state.

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Illinois

Ill. Const. Art. IV, § 3

In the year following each federal decennial census year, the General Assembly by law shall redistrict the Legislative Districts and the Representative Districts.

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Indiana

Ind. Const. Art. IV, § 5

The General Assembly elected during the year in which a federal decennial census is taken shall fix by law the number of Senators and Representatives and apportion them among districts.

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Iowa

Iowa Const. Art. III, § 35, 37

The general assembly shall in 1971 and in each year immediately following the United States decennial census determine the number of senators and representatives to be elected to the general assembly and establish senatorial and representative districts.

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Kansas

Kan. Const. Art. X, § 1

At its regular session in 1992, and at its regular session every 10th year thereafter, the legislature shall by law reapportion the state senatorial districts and representative districts on the basis of the population of the state as established by the most recent census of population taken and published by the United States census bureau. Bills reapportioning legislative districts shall be published in the Kansas register immediately upon final passage and shall be effective for the next following election of legislators and thereafter until again reapportioned.

A judgment of the state Supreme Court determining a reapportionment to be valid shall be final until the legislative districts are again reapportioned in accordance herewith.

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Kentucky

Ky. Const. § 33

The first General Assembly after the adoption of this Constitution shall divide the state into 38 Senatorial Districts, and 100 Representative Districts, as nearly equal in population as may be without dividing any county, except where a county may include more than one district, which districts shall constitute the Senatorial and Representative Districts for 10 years.

At the expiration of that time, the General Assembly shall then, and every 10 years thereafter, redistrict the State according to this rule.

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Louisiana

La. Const. Art. III Sec 6

By the end of the year following the year in which the population of this state is reported to the president of the United States for each decennial federal census, the legislature shall reapportion the representation in each house as equally as practicable on the basis of population shown by the census.

Op. Atty. Gen., No. 99-54, 1999: The state attorney general held that legislative mid-decade redistricting is permissible under state law.

Maine

Me. Const. Art. IV Pt. 1 § 2, Pt. 2 § 2, Pt. 3 § 1-A

The Legislature which convenes in 2021 and every 10th year thereafter, shall cause the state to be divided into districts for the choice of one Representative for each district.

The Legislature which shall convene in the year 2021 and every 10th year thereafter, shall cause the state to be divided into districts for the choice of a senator from each district.

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Maryland

Md. Const. Art. III, § 5

Following each decennial census of the United States and after public hearings, the governor shall prepare a plan setting forth the boundaries of the legislative districts for electing of the members of the Senate and the House of Delegates.

Following each decennial census the General Assembly may by joint resolution adopt a plan setting forth the boundaries of the legislative districts for the election of members of the Senate and the House of Delegates.

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Massachusetts

Mass. Const. Amend. Art. XIII

In the year of each decennial census, the governor and council shall, before the first day of September, apportion the number of representatives which each city, town, and representative district is entitled to elect.

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Michigan

Mich. Const. art. 4, § 6

Not later than Nov. 1 in the year immediately following the federal decennial census, the commission shall adopt a redistricting plan under this section for each of the following types of districts: state senate districts, state house of representative districts, and congressional districts.

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Minnesota

Minn. Const. Art. IV § 3

At its first session after each enumeration of the inhabitants of this state made by the authority of the United States, the legislature shall have the power to prescribe the bounds of congressional and legislative districts.

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Mississippi

Miss. Const. Art. XIII § 254

The Legislature shall at its regular session in the second year following the 1980 decennial census and every 10 years thereafter, and may, at any other time, by joint resolution, by majority vote of all members of each house, apportion the state in accordance with the Constitution of the state and of the United States into consecutively numbered senatorial and representative districts of contiguous territory.

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Missouri

Mo. Const. Art. III § 3, 7

Within 60 days after the population of this state is reported to the president for each decennial census of the United States or, in the event that a redistricting plan has been invalidated by a court of competent jurisdiction, within 60 days that such a ruling has been made, the state committee and the congressional district committees of each of the two political parties casting the highest vote for governor at the last preceding general election shall meet and the members of each committee shall nominate members of the house independent bipartisan citizens commission.

After the final statement is filed, members of the House of Representatives shall be elected according to such districts until a new redistricting plan is made as provided in this section.

Within 60 days after the population of this state is reported to the president for each decennial census of the United States or, in the event that a redistricting plan has been invalidated by a court of competent jurisdiction, within 60 days that such a ruling has been made, the state committee and the congressional district committees of each of the two political parties casting the highest vote for governor at the last preceding general election shall meet and the members of each committee shall nominate members of the senate independent bipartisan citizens commission.

After the final statement is filed, senators shall be elected according to such districts until a new redistricting plan is made as provided in this section.

Mo. Const. art. III § 45

When the number of representatives to which the state is entitled in the House of the Congress of the United States under the census of 1950 and each census thereafter is certified to the governor, the general assembly shall by law divide the state into districts corresponding with the number of representatives to which it is entitled, which districts shall be composed of contiguous territory as compact and as nearly equal in population as may be.

Teichman v. Carnahan, 357 S.W.3d 601 (Mo. 2012): The Missouri supreme court held that the reapportionment commission does not have the authority to withdraw an enacted plan and replace it with a new plan.

Luther v. Hoskins (Cole County Cir. 2025): A state court held that the state constitution does not expressly prohibit the legislature from conducting mid-decade congressional redistricting.

Montana

Mont. Const. Art. V § 14

Within 90 days after the official final decennial census figures are available, the commission shall file its final plan for congressional districts with the secretary of state and it shall become law.

The commission shall submit its plan for legislative districts to the legislature at the first regular session after its appointment or after the census figures are available. Within 30 days after submission, the legislature shall return the plan to the commission with its recommendations. Within 30 days thereafter, the commission shall file its final plan for legislative districts with the secretary of state and it shall become law.

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Nebraska

Neb. Const. Art. III Sec. 5

The Legislature shall redistrict the state after each federal decennial census.

Exon v. Tiemann, 279 F.Supp. 603 (D. Neb. 1967): A federal court held that Nebraska's constitution prohibits legislative redistricting from occurring more than once every 10 years. The court noted that federal law does not impose a similar restriction on congressional redistricting.

Nevada

Nev. Const. Art. IV § 5

It shall be the mandatory duty of the legislature at its first session after the taking of the decennial census of the United States in the year 1950, and after each subsequent decennial census, to fix by law the number of senators and assemblymen, and apportion them among the several counties of the state, or among legislative districts which may be established by law, according to the number of inhabitants in them, respectively.

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New Hampshire

N.H. Const. Pt. 2 Art. 9, 26

At the session in 1971, and every 10 years thereafter, the legislature shall make an apportionment of representatives according to the last general census of the inhabitants of the state taken by authority of the United States.

The legislature shall form the single-member districts at the regular session following each decennial federal census.

In re Below, 855 A.2d 459 (N.H. 2004): The New Hampshire supreme court held that the legislature can only enact one legislative redistricting plan per decade.

New Jersey

N.J. Const. Art. IV § 3 pt. 3

Such establishment and apportionment shall be used thereafter for the election of members of the Legislature and shall remain unaltered until the following decennial census of the United States for New Jersey shall have been received by the governor.

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New Mexico

N.M. Const. Art. IV § 3

Once following publication of the official report of each federal decennial census hereafter conducted, the legislature may by statute reapportion its membership.

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New York

N.Y. Elec. Law § . Const. Art. III § 4

The independent redistricting commission established pursuant to section five-b of this article shall prepare a redistricting plan to establish senate, assembly, and congressional districts every 10 years commencing in 2021, and shall submit to the legislature such plan and the implementing legislation therefor on or before Jan. 1 or as soon as practicable thereafter but no later than Jan. 15 in the year ending in two beginning in 2022.

A reapportionment plan and the districts contained in such plan shall be in force until the effective date of a plan based upon the subsequent federal decennial census taken in a year ending in zero unless modified pursuant to court order.

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North Carolina

N.C. Const. Art. II § 3, 5

The General Assembly, at the first regular session convening after the return of every decennial census of population taken by order of Congress, shall revise the senate districts and the apportionment of Senators among those districts.

When established, the senate districts and the apportionment of Senators shall remain unaltered until the return of another decennial census of population taken by order of Congress.

The General Assembly, at the first regular session convening after the return of every decennial census of population taken by order of Congress, shall revise the representative districts and the apportionment of Representatives among those districts.

When established, the representative districts and the apportionment of Representatives shall remain unaltered until the return of another decennial census of population taken by order of Congress.

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North Dakota

N.D. Const. Art. IV § 2

The legislative assembly shall fix the number of senators and representatives and divide the state into as many senatorial districts of compact and contiguous territory as there are senators. The districts thus ascertained and determined after the 1990 federal decennial census shall continue until the adjournment of the first regular session after each federal decennial census, or until changed by law.

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Ohio

Ohio Const. Art. XI § 1, 8, Art. XIX § 1

Not later than the last day of September of a year ending in the numeral one, the general assembly shall pass a congressional district plan in the form of a bill by the affirmative vote of three-fifths of the members of each house of the general assembly, including the affirmative vote of at least one-half of the members of each of the two largest political parties represented in that house. A congressional district plan that is passed under this division and becomes law shall remain effective until the next year ending in the numeral one.

If the general assembly passes a congressional district plan by the affirmative vote of three-fifths of the members of each house of the general assembly, including the affirmative vote of at least one-third of the members of each of the two largest political parties represented in that house , and the plan becomes law, the plan shall remain effective until the next year ending in the numeral one.

If the general assembly passes a congressional district plan by a simple majority of the members of each house of the general assembly the plan shall remain effective until two general elections for the United States House of Representatives have occurred under the plan.

The affirmative vote of four members of the commission, including at least two members of the commission who represent each of the two largest political parties represented in the general assembly shall be required to adopt any general assembly district plan.

If the commission adopts a final general assembly district plan by a simple majority vote of the commission, the plan shall remain effective until two general elections for the house of representatives have occurred under the plan.

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Oklahoma

Ok. Const. Art. V § 11A

The apportionment of the Legislature shall be accomplished by the Legislature according to the provisions of this article, within 90 legislative days after the convening of the first regular session of the Legislature following each federal decennial census.

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Oregon

Or. Const. Art. IV, § 6

At the odd-numbered year regular session of the Legislative Assembly next following an enumeration of the inhabitants by the United States government, the number of Senators and Representatives shall be fixed by law and apportioned among legislative districts according to population.

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Pennsylvania

Pa. Const. Art. II § 17

In each year following the year of the Federal decennial census, a Legislative Reapportionment Commission shall be constituted for the purpose of reapportioning the Commonwealth.

The reapportionment plan shall have the force of law and the districts therein provided shall be used thereafter in elections to the General Assembly until the next reapportionment as required under this section 17.

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Rhode Island

R.I. Const. Art. VII § 1, Art. VIII § 1

The general assembly shall, after any new census taken by authority of the United States, reapportion the representation of the House of Representatives to conform to the Constitution of the state and the Constitution of the United States.

The general assembly shall, after any new census taken by authority of the United States, reapportion the representation of the senate to conform to the Constitution of the state and the Constitution of the United States.

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South Carolina

S.C. Const. Art. III § 3, 5

The House of Representatives shall consist of 124 members, to be apportioned among the several counties according to the number of inhabitants contained in each. Each County shall constitute one election district. An enumeration of the inhabitants for this purpose shall be made in the year 1901, and shall be made in the course of every 10thyear thereafter, in such manner as shall be by law directed: Provided, That the General Assembly may at any time, in its discretion, adopt the immediately preceding United States Census as a true and correct enumeration of the inhabitants of the several counties, and make the apportionment of Representatives among the several counties, according to said enumeration.

No apportionment of Representatives shall take effect until the general election which shall succeed such apportionment.

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South Dakota

S.D. Const. Art. III Sec. 5

An apportionment shall be made by the Legislature in 1991, and every 10 years after 1991.

Emery v. Hunt, 615 N.W.2d 590 (S.D. 2000): The South Dakota supreme court held that the legislature can only enact one legislative redistricting plan per decade.

Tennessee

Tenn. Code Ann § 2-16-102

The general assembly shall establish the composition of districts for the election of members of the house of representatives in congress after each enumeration and apportionment of representation by the congress of the United States. The districts may not be changed between apportionments.

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Texas

Tex. Const. Art. III § 28

The Legislature shall, at its first regular session after the publication of each United States decennial census, apportion the state into senatorial and representative districts.

Abbott v. MALC, 647 S.W.3d 681 (Tex. 2022): The Texas supreme court held that legislative mid-decade redistricting is permissible under state law.

Utah

Utah Const. Art IX § 1, Utah Code Ann. § 20A-19-102

No later than the annual general session next following the Legislature's receipt of the results of an enumeration made by the authority of the United States, the Legislature shall divide the state into congressional, legislative, and other districts accordingly.

Division of the state into congressional, legislative and other districts, and modification of existing districts, is permitted only at the following times or under the following circumstances:

1. No later than the first annual general legislature session after the legislature's receipt of the results of a national decennial enumeration made by the authority of the United States;

2. No later than the first annual general legislature session after a change in the number of congressional, legislative or other districts resulting from an event other than a national decennial enumeration made by the authority of the United States;

3. Upon the issuance of a permanent injunction by a court of competent jurisdiction;

4. To conform with a final decision of a court of competent jurisdiction; or

5. To make minor adjustments or technical corrections to district boundaries.

League of Women Voters of Utah v. Utah State Legislature (2025): A state court ruling put Proposition 4 (2018) back into effect. The measure includes a mid-decade redistricting ban.

Vermont

Vt. Stat. Ann. tit. 17, § 1903

The House of Representatives and the Senate shall be reapportioned and redistricted on the basis of population during the biennial session after the taking of each decennial census of the United States.

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Virginia

Va. Code Ann. § 30-391, 397

The Virginia Redistricting Commission is established in the legislative branch of state government. It shall be convened in the year 2020 and every 10 years thereafter for the purpose of establishing districts for the United States House of Representatives and for the Senate and the House of Delegates of the General Assembly.

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Washington

Wash. Const. Art. II. § 43

The commission shall complete redistricting as soon as possible following the federal decennial census, but no later than Nov, 15th of each year ending in one. At least three of the voting members shall approve such a redistricting plan. If three of the voting members of the commission fail to approve a plan within the time limitations provided in this subsection, the supreme court shall adopt a plan by April 30 of the year ending in two.

The legislature shall enact laws providing for the reconvening of a commission for the purpose of modifying a districting law adopted under this section.

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Wisconsin

Wis. Const. Art. IV § 3

At its first session after each enumeration made by the authority of the United States, the legislature shall apportion and district anew the members of the senate and assembly, according to the number of inhabitants.

Smith v. Zimmerman, 63 N.W.2d 52 (Wis. 1953): The Wisconsin supreme court held that the legislature can only enact one legislative redistricting plan per decade.

West Virginia

W.V. Const. Art. VI § 4, 6

After every such census, the Legislature shall alter the senatorial districts, so far as may be necessary.

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Wyoming

Wyo. Const. Art. III § 47-49

At the first budget session of the legislature following the federal census, the legislature shall reapportion its membership based upon that census.

When a new apportionment shall be made by congress, the legislature shall divide the state into congressional districts accordingly.

Congressional districts may be altered from time to time as public convenience may require.

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