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 district lines to favour or disfavour incumbents or political parties, and they ban maps that diminish minority voting power.

Governor Ron DeSantis's April 2026 redistricting special session was described as a potential violation of the Fair Districts amendments, as it targeted adding three to five Republican House seats from Florida's existing 20-of-28 Republican majority. The amendments have been litigated repeatedly since their passage, with courts overturning maps in 2012 and 2015 for violating the anti-partisan-manipulation provisions.

The DeSantis redistricting strategy depends partly on the outcome of the Supreme Court's Louisiana v. Callais ruling: if the court narrows VRA Section 2, Florida would face weaker legal constraints on drawing maps that reduce Black representation, making the Fair Districts amendments the primary remaining barrier.

The Fair Districts Amendment lawsuit filed hours after Governor DeSantis signed Florida's 24R-4D congressional map on 4 May 2026 is now the only active legal challenge to an enacted post-Callais redistricting. The suit was brought by redistricting plaintiffs citing the 2010 Florida constitutional ban on partisan gerrymanders, and it proceeds on a purely state constitutional track: the Callais ruling eliminated the federal VRA Section 2 route, making Fair Districts the last viable mechanism for litigating discriminatory map-drawing in Florida.

A hearing in the Hawkes case was scheduled for 15-16 May 2026, with the presiding judge indicating a ruling would follow within days. The ruling is expected before congressional qualifying opens on 8 June, which is the operational Deadline: candidates filing under the new 24R-4D map would be subject to any ruling that voids it, and the legislature would need time to pass a replacement before qualifying closes.

Florida courts twice overturned maps under the Fair Districts amendments in 2012 and 2015, providing precedent for judicial intervention against partisan gerrymanders at the state level. However, the Florida Supreme Court weakened enforcement of the amendments in 2022, and the current Republican-majority court's appetite for striking down a Republican-drawn map is uncertain. If the Hawkes ruling survives appeal, it would be the first successful state-level challenge to block a post-Callais map anywhere in the country.

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

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

How the World Sees Them

Florida Democrats

The 6-1 ruling along DeSantis appointment lines renders the voter-passed amendments unenforceable in the cycle they were most needed, with no pre-election remedy now available.

Republican mapmakers

Jurisdictional deferral achieved the same result as a merits ruling in their favour without requiring the court to endorse a map drawn by its own appointing governor.

Federal redistricting lawyers

The avoidance technique, combined with a statutory qualifying deadline, is a template for insulating governor-drawn maps from pre-election constitutional review in states with similar judicial appointment structures.

Florida Republican legislature

The map was drawn to comply with Callais and existing Florida law; courts that previously intervened did so under a VRA framework that no longer applies.

Florida redistricting plaintiffs

The 2012 and 2015 precedents show the Fair Districts amendments have force independent of federal law; the partisan manipulation in a 24R-4D map in a 50-50 state is exactly what the amendments prohibit.

National redistricting advocates

If Hawkes fails, no state-level constitutional mechanism remains to challenge post-Callais maps in Florida; Fair Districts becomes a paper constraint.