Redistricting has started in NC. Wait, again? Here’s what to know.

On Wednesday, state legislators will hear from members of the public in Raleigh about the redistricting process, in which new political maps will be drawn for the 2024 elections.

The maps drawn this fall will help decide which candidates voters have to choose from next year, whether Republicans keep a supermajority in the legislature and possibly even who controls Congress at the national level.

Redistricting has often been a fraught process in North Carolina, where courts have struck down maps several times over concerns of partisan gerrymandering — in which legislators strategically draw districts to benefit their own party.

With the process beginning again, here are some things to know about how redistricting works, its recent history in the state and opportunities to talk to lawmakers about it.

How can I share my thoughts?

Members of the public can attend the joint Redistricting and Elections committee meeting at 4 p.m. on Wednesday in room 643 of the Legislative Office Building, located at 300 N. Salisbury St. in Raleigh.

For those who can’t attend in person, the meeting will be live-streamed on the legislature’s website.

What is redistricting?

Who’s in charge of making the maps?

In North Carolina, the General Assembly has full control over the redistricting process. This is the case in most of the country, although some states have begun using independent commissions that limit participation from elected officials to draw maps.

Courts also have the ability to strike down maps if they find they have unconstitutionally gerrymandered districts. Republican leaders in North Carolina recently argued in the U.S. Supreme Court that state legislatures should have full authority over redistricting without the potential for judicial review. The court did not agree with this theory.

However, in a recent decision from the state Supreme Court, the Republican justices said that determining partisan gerrymandering was not within the court’s purview.

Didn’t we just get new maps?

Yes. After a contentious gerrymandering trial, in which the state Supreme Court found maps legislators drew in 2021 to be unconstitutional, a bipartisan group of experts were asked to design the congressional map for the 2022 elections.

That map resulted in a 7-7 split between Democrats and Republicans in the state’s 2022 elections for the U.S. House.

However, the court-ordered congressional map can only be used for one election cycle. Now, lawmakers will have to draw districts once again, but this time they may be less likely to face scrutiny from the state’s high court.

After Republicans swept statewide judicial elections in 2022, the state Supreme Court reversed an earlier ruling striking down legislative maps and said the court did not have jurisdiction over claims of partisan gerrymandering.

The ruling also decreed that the General Assembly could enact new legislative maps, rather than simply reverting to the maps that had been previously struck down.

Will I be able to see how legislators draw the new maps?

Under current law, most communications and drafting materials used in the redistricting process are confidential until new maps are approved. After the maps are put in place, most of the documentation that went into creating them becomes public record.

That doesn’t mean the public has gotten a full view. In a gerrymandering trial last year, GOP redistricting leader Rep. Destin Hall admitted that he had used secret reference maps during the redistricting process. When plaintiffs in the case asked to see these maps, they were told the maps no longer existed.

Now there are new obstacles to access. Lawmakers slipped a provision into the new state budget, which is expected to become law next week, that repeals access to these records.

Once the budget with the new provision goes into effect, it appears lawmakers will not be required to fulfill any public records requests concerning the creation of new maps.

Over 50 groups, led by Common Cause NC, sent a letter to lawmakers on Monday expressing concern about the budget provision and demanding an “open and transparent” redistricting process.

“We urge you to make the promise of democracy real by leading a redistricting process that creates voting plans reflective of the actual demographics, values, interests, and needs of North Carolinians,” the letter said.

When will new maps be approved?

Senate leader Phil Berger told reporters last week that he hoped to hold votes on redistricting by the week of Oct. 9.

This story was originally published September 26, 2023 at 1:11 PM.

Kyle Ingram

The News & Observer

Kyle Ingram is the Democracy Reporter for the News & Observer. He reports on voting rights, election administration, the state judicial branch and more. He is a graduate of the Hussman School of Journalism and Media at UNC-Chapel Hill.