Kansas
State website: | Kansas Redistricting 2012, Legislative Research Department |
2010-cycle districts: | Congress, State Senate, State House « NEW |
2000-cycle districts: | Congress, State Senate, State House |
Primary governing law: | Kan. Const. art. X, § 1 |
On July 29, 2011, legislative staff released the adjusted population data to be used for redistricting.
Congress: Both the Senate (Feb. 24) and House (May 18) have passed materially different versions of a bill, but could not agree. On June 7, a federal court drew congressional districts instead.
State leg.: Both the Senate and House passed materially different versions of several plans, but could not agree. On June 7, a federal court drew state legislative districts instead.
- Institution
Redistricting political control:
Governor State Senate State House Congressional lines R 8 D, 32 R 33 D, 92 R (could override veto) State legislative lines R 8 D, 32 R 33 D, 92 R (could override veto) 2000 cong. lines R 10 D, 30 R 46 D, 79 R 2000 state lines R 10 D, 30 R 46 D, 79 R Kansas' congressional and state legislative lines are both drawn by the state legislature, as a regular statute, subject to gubernatorial veto. The members of the legislative advisory group assisting with this process are listed here. The members of the state legislative committees responsible for redistricting are listed here.
The state legislative plan is automatically sent to the Kansas Supreme Court for review; if the plan is unlawful, the Court will allow the legislature another opportunity to redraw the lines. No similar provision exists for congressional lines. [Kan. Const. art. X, § 1(b)]
- Timing
Census data were delivered to Kansas on March 3, 2011.
Kansas state law does not impose a particular deadline for drawing congressional lines, though candidates must file for congressional primary elections by June 10, 2012. [Kan. Stat. Ann. § 25-205(a)(1)]
State legislative lines must be drawn in the regular legislative session of 2012; that session begins on January 9, 2012, and is scheduled to end on April 8, 2012. [Kan. Const. art. X, § 1(a)] Candidates must file for state legislative primary elections by June 10, 2012. [Kan. Stat. Ann. § 25-205(a)(1)].
Kansas prohibits redrawing state legislative district lines mid-decade, before the next Census, but has no similarly explicit prohibition on redrawing congressional lines. [Kan. Const. art. X, § 1(a); Harris v. Shanahan, 387 P.2d 771 (Kan. 1963)]
- Public input
The state legislative committees responsible for redistricting have announced public hearings starting July 26, 2011.
- Criteria
Like all states, Kansas must comply with constitutional equal population requirements. For state legislative districts, Kansas will adjust census data in order to count military personnel and college students at their permanent residence. [Kan. Const. art. X, § 1(a)]
Kansas must also, like all states, abide by section 2 of the Voting Rights Act. In 2002, it also passed guidelines for both congressional and state legislative districts requiring that redistricting plans have neither the purpose nor the effect of diluting minority voting strength. These guidelines may be changed at any time. [Guidelines and Criteria for 2002 Kansas Congressional And Legislative Redistricting]
These same guidelines also asked that both congressional and state legislative districts be contiguous, as compact as possible, and recognize and consider communities of common "social, cultural, racial, ethnic, and economic" interests. The guidelines further asked that state legislative districts preserve existing political subdivisions and avoid contests between incumbents to the extent possible; they asked that congressional districts both preserve whole counties and maintain the core of existing districts where possible. The legislature may alter these guidelines as it wishes. [Guidelines and Criteria for 2002 Kansas Congressional And Legislative Redistricting]
- 2010-cycle cases
Essex v. Kobach, No. 5:12-cv-04046 (D. Kan.): a challenge in federal court to the unequal population of current congressional and state legislative districts, based on the legislature's inability to agree on new lines.
- Complaint (May 3, 2012).
- Intervenor complaints by:
- Beer, Berry et al., Bradford, Craig et al., Crow, Denning, King et al. (May 21-25).
- Landwehr et al., O'Neal, Owens et al., Pilcher-Cook et al., Roy et al. (May 21-25).
- Smith et al., Taylor, Yoder (May 21-25).
- Joint stipulation of facts (May 26).
- Briefs by:
- plaintiff, SoS (May 29).
- Beer, Berry et al., Bradford, Craig et al., Denning, Keller (May 25-28).
- King et al., Landwehr et al., Owens et al., Roy et al., Taylor (May 25-29).
- Amicus briefs by Gov (May 31), Johnson County Bd. of Cmm'rs (June 1).
- Post-trial briefs by:
- State, SoS (June 1).
- Berry et al., Bradford, King et al., Landwehr et al., Owens et al., Roy et al. (June 1).
- Opinion establishing districts (June 7).
The latest: On June 7, the court issued an opinion drawing both state legislative and congressional districts, in the face of legislative inability to do so. - 2000 cycle
In the 2000 redistricting cycle, Kansas' legislature enacted state House districts on March 11, 2002, state Senate districts on April 8, 2002, and congressional districts on May 31, 2002.
The state legislative plans were automatically submitted to state court, and upheld. The congressional plan was also challenged in federal court, and ultimately upheld. [In re Substitute for House Bill 2625, No. 88735 (Kan. 2002); In re Substitute for Senate Bill 256, No. 88821 (Kan. 2002); Graham v. Thornburgh, 207 F. Supp. 2d 1280 (D. Kan. 2002)]