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Fair Districts amendments
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Fair Districts amendments

Florida constitutional ban on partisan gerrymandering; left unenforced for 2026 after the Supreme Court declined jurisdiction.

Last refreshed: 14 June 2026 · Appears in 1 active topic

Key Question

Florida's anti-gerrymandering rules exist, so why didn't they stop the DeSantis map?

Timeline for Fair Districts amendments

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Common Questions
What are the Fair Districts amendments in Florida?
Two 2010 Florida constitutional provisions (Amendments 5 and 6) that ban drawing congressional and state legislative districts to favour parties or incumbents. They were passed by referendum with over 60% of the vote and led courts to overturn maps in 2012 and 2015.Source: event
Why is the Fair Districts lawsuit the main challenge to Florida's new map?
With VRA Section 2 gutted by the Callais ruling, the Fair Districts constitutional amendments are now the primary legal route for plaintiffs challenging Florida's 24R-4D map. Plaintiffs filed their first challenge hours after DeSantis signed the map on 4 May 2026.Source: Brennan Center
Has the Fair Districts amendment ever overturned a Florida congressional map?
Yes. Courts overturned Florida congressional maps in 2012 and 2015 for violating the Fair Districts anti-partisan-manipulation provisions. However, a Republican-majority Florida Supreme Court weakened enforcement of the amendments in 2022.Source: Florida courts

Background

The Fair Districts amendments are two provisions added to the Florida Constitution in 2010 by voter referendum, passing with over 60% of the vote. Amendment 5 covers congressional districts; Amendment 6 covers state legislative districts. They prohibit drawing lines to favour or disfavour incumbents or political parties, and they ban maps that diminish minority voting power. Florida courts overturned maps under the amendments in 2012 and 2015, but the Florida Supreme Court weakened enforcement in 2022.

Governor Ron DeSantis's April 2026 redistricting special session produced a 24R-4D congressional map that critics argued directly violated the amendments' anti-partisan-manipulation provisions . The Equal Ground Education Fund filed a Fair Districts challenge in the Hawkes case, which a circuit judge weighed in May 2026 ahead of the 8 June qualifying deadline . On 10 June 2026 the Florida Supreme Court voted 6-1 to decline jurisdiction, deferring to the First District Court of Appeal rather than ruling on the merits . All six justices who declined were DeSantis appointees; the sole dissenter, Justice Jorge Labarga, was the only one not appointed by DeSantis.

Three days later, the US House candidate qualifying Deadline closed at noon on 13 June, locking the 24R-4D map for the November 2026 election before any appeal could reach the merits. The Equal Ground challenge continues at the First District Court of Appeal but can no longer produce a 2026 remedy; the constitutional question is now retrospective. The amendments remain in the Florida Constitution but have been rendered procedurally inert for the 2026 cycle by a combination of jurisdictional avoidance and a statutory qualifying clock.

More questions
How does the DeSantis 24R-4D map affect Florida's congressional delegation?
The map, signed by DeSantis on 4 May 2026, targets four Democratic incumbents for elimination and was rated by Sabato's Crystal Ball as shifting nine Florida districts, increasing Florida's Republican representation from 20 of 28 seats.Source: Sabato's Crystal Ball
What is the Fair Districts Amendment and does it apply to Florida's 2026 redistricting?
The Fair Districts amendments are two 2010 Florida constitutional provisions banning partisan gerrymanders and maps that diminish minority voting power. The 24R-4D map signed by DeSantis on 4 May 2026 is being challenged under these amendments in the Hawkes case.Source: Lowdown
When will the Florida Fair Districts ruling on the 2026 map come?
A hearing in the Hawkes challenge was scheduled 15-16 May 2026, with the judge indicating a ruling within days. The ruling must come before congressional qualifying opens on 8 June 2026.Source: Lowdown
Have Florida courts ever struck down a redistricting map under Fair Districts?
Yes — Florida courts overturned congressional maps under the Fair Districts amendments in both 2012 and 2015. However, the Florida Supreme Court weakened enforcement of the amendments in 2022.Source: Lowdown
Why is the Fair Districts lawsuit the last legal route to challenge Florida's 2026 map?
The Louisiana v. Callais ruling (29 April 2026) eliminated VRA Section 2, which was the federal mechanism for redistricting challenges. Fair Districts operates under the Florida state constitution, making it the only remaining legal route after the federal PATH was closed.Source: Lowdown
Did the Fair Districts amendments stop Florida's 2026 gerrymander?
No. The Florida Supreme Court voted 6-1 on 10 June 2026 to decline jurisdiction and defer to a lower court. Three days later the candidate qualifying Deadline closed, locking the 24R-4D map for November before any appeal could reach the merits. The challenge continues but cannot affect 2026.Source: event
Why did the Florida Supreme Court not rule on the gerrymandering challenge?
The court, composed of six DeSantis appointees and one independent justice, voted 6-1 to defer the Fair Districts challenge to the First District Court of Appeal rather than rule on the merits. The sole dissenter, Justice Jorge Labarga, said this meant there would be no chance to review the map before the election.Source: event