|State website:||Main legislative site|
|2010-cycle districts:||Congress, State Senate, State House « NEW|
|2000-cycle districts:||Congress, State Senate, State House|
|Primary governing law:||Ky. Const. § 33|
Congress: On February 10, the state legislature passed HB 302; the Governor signed the bill on the same day.
State leg.: On January 12, 2012, the state House passed HB1; on January 18, the state Senate passed an amended version of the bill, which the state House approved on January 19, and which the Governor signed on January 20. On February 7, a state court struck down the state House and state Senate plan, setting elections to take place under the 2002 plan until the plans are redrawn; on appeal, the state Supreme Court affirmed that decision.
On August 23, 2013, in a special session, the state legislature passed HB1, a new state redistricting plan, which was signed by the Governor on the same day.
Redistricting political control:
Governor State Senate State House Congressional lines D 15 D, 22 R, 1 O 58 D, 42 R State legislative lines D 15 D, 22 R, 1 O 58 D, 42 R 2000 cong. lines D 18 D, 20 R 66 D, 34 R 2000 state lines D 18 D, 20 R 66 D, 34 R
Kentucky's congressional and state legislative lines are both drawn by the state legislature, as a regular statute, subject to gubernatorial veto.
The Franklin Circuit Court has exclusive jurisdiction in state court for legal challenges to state legislative maps. No similar provision exists for congressional lines. [Ky. Stat. § 5.005]
Census data were delivered to Kentucky on March 17, 2011.
Kentucky state law does not impose a particular deadline for drawing congressional lines. The state constitution seems to require that state legislative lines be drawn by the general assembly in the year 2012; that session begins on January 3, 2012, and is scheduled to end on or about March 30, 2012. [Ky. Const. § 33; Ky. Const. § 36; Ky. Const. § 42] Candidates must file for congressional and state legislative primary elections by February 7, 2012. [Ky. Stat. § 118.165(1); HB 2 (2011)].
Kentucky prohibits redrawing state legislative district lines mid-decade, before the next Census, but may redraw congressional lines at any time. [Ky. Const. § 33; Richardson v. McChesney, 108 S.W. 322 (Ky. 1908)]
Like all states, Kentucky must comply with constitutional equal population requirements, and further requires that its state legislative districts be "as nearly equal in population as may be," without dividing a county. [Ky. Const. § 33]
Kentucky must also, like all states, abide by section 2 of the Voting Rights Act.
For its congressional lines, Kentucky adopted guidelines in 1991 expressing a desire to keep districts contiguous, and to maintain county lines and communities of interest where possible. It is not clear whether such guidelines were readopted in the 2000 cycle.
For state legislative districts, the Kentucky Constitution requires that districts be contiguous and that they preserve whole counties when possible. [Ky. Const. § 33]
- 2010-cycle cases
Fischer v. Grimes, No. 12-CI-00109 (Ky. Circuit Ct., Franklin County), No. 2012-CA-000266-MR & No. 2012-CA-00264-I (Ky. Ct. Appeals), No. 2012-SC-000091-T & No. 2012-SC-000092-T (Ky. Sup. Ct.): an action in state court challenging the state legislative districts, based on alleged violations of equal population, partisan gerrymandering, and several state constitutional grounds, including unnecessary division of county lines.
- Trial court
- Complaint (Jan. 26, 2012) and amended complaint (Feb. 2).
- Intervenors' complaint (State Senate districts) (Jan. 30).
- Motion for temporary injunction (Jan. 26).
- Response (Jan. 30), reply (Jan. 30).
- Plaintiffs' supplemental memo (Feb. 3).
- Supplemental response by defendant (Feb. 3), intervening defendant (Feb. 6).
- Memoranda and answers to court's questions:
- Plaintiffs, intervening plaintiffs, intervening defendant (I, II) (Feb. 3).
- Opinion granting temporary injunction (Feb. 7).
- State Supreme Court
- Motion for interlocutory relief (Court of appeals) (Feb. 11).
- Response by plaintiffs, defendants (Feb. 17), intervenors (Feb. 14).
- Motion to transfer and advance (state Supreme Court) (Feb. 11).
- Order granting transfer (Feb. 17).
- Motion for stay pending appeal (Feb. 14).
- Response by plaintiffs, defendants, intervenors (Feb. 17).
- Merits briefs by plaintiffs (Feb. 22), defendants (Feb. 21).
- Merits briefs by intervening plaintiffs, intervening defendant (Feb. 22).
- Order affirming trial court (Feb. 24), opinion (Apr. 26).
The latest: The complaint was filed on January 26. On February 7, the court granted a temporary injunction, finding that both state House and state Senate plans violate equal population guarantees and unnecessarily divide counties, and further raising potential concerns about the plan's contiguity and its deferral of some voters' right to choose a representative based on a transition to a Senate district with an election in 2014 rather than 2012. The legislature will now have to redraw state legislative lines; in the meantime, the 2002 plan will govern. The court also extended the filing deadline for state legislative races to Feb. 10. The court's decision was appealed to the state Supreme Court, which affirmed on Feb. 24.
Frost v. Grimes, No. 12-CI-00180 (Ky. Circuit Ct., Franklin County): an action in state court asking the court to draw congressional districts, based on the legislature's failure to do so.
- Complaint (Feb. 9).
- Voluntary dismissal.
The latest: The complaint was filed on February 9; after the legislature drew congressional lines, the case was dismissed.
Brown v. Kentucky, No. 2:13-cv-00068 (E.D. Ky.): an action in federal court challenging the state legislative districts as unconstitutionally malapportioned, based on the legislature's failure to draw compliant districts after the last Census.
- Complaint (Apr. 26, 2013).
- Counter- and crossclaim re excluding prison population (June 10).
- Stumbo mot. to dismiss counterclaim (June 17), resp. (July 8), reply (July 15).
- Brown et al. motion to dismiss counterclaim (July 11), response (July 26).
- Order denying motions as moot (Oct. 31).
- Motion to voluntarily dismiss state claims (July 11).
- Responses by SoS, Stivers, Stumbo (July 25).
- Order granting motion (Oct. 31).
- Motion to dismiss by Leg. Res. Comm'n (July 12), opp. (July 26), reply (Aug. 2).
- Opinion denying motion as moot (Aug. 16).
- Motion for stay (June 17), opposition (June 19), reply (June 21).
- Opinion denying stay (June 27).
- Plaintiffs' motion for summary judgment (July 12).
- Response by Leg. Res. Comm'n (July 25), SoS et al., Stumbo (July 26).
- Opinion granting motion (Aug. 16).
- Stumbo motion to alter judgment (Aug. 17), motion for stay (Aug. 18).
- Response, reply (Aug. 20).
- Order denying motions (Aug. 21).
- Plaintiffs' motion for entry of final judgment (Aug. 29).
- Opposition by Gov, Leg. Res. Comm'n (Sept. 23), Stumbo (Sept. 4).
- Reply (Sept. 18).
- Order granting entry of final judgment (Oct. 31).
- Stivers statement of constitutionality (Sept. 5).
- Response by plaintiffs (Sept. 18), Stumbo (Sept. 23), reply (Sept. 30).
- Order declining to rule on constitutionality (Oct. 31).
- Motion to dismiss (Sept. 5).
- Opposition (Sept. 18), reply by Leg. Res. Comm'n, Stumbo (Sept. 23).
- Order denying motion (Oct. 31).
- Order granting fees to plaintiffs (Jan. 27, 2014).
- Magistrate rec. re fees (May 19), objections (May 23).
- Responses by Brown (May 27), Herbert (June 5).
- Order rejecting objections, accepting magistrate's rec. (July 28).
The latest: On Aug. 16, 2013, the court granted plaintiffs' motion for summary judgment, declaring the 2000-cycle lines to be constitutionally invalid. New lines were drawn on August 23, 2013 in a special legislative session; plaintiffs announced that they would not contest the new lines.
- 2000 cycle
In the 2000 redistricting cycle, Kentucky's legislature enacted congressional and state legislative districts on January 31, 2002. Once the plans were drawn, it appears that they were not further challenged in court.
- Other state links
Herbert v. Kentucky, No. 3:13-cv-00025 (E.D. Ky.): an action in federal court challenging the state legislative districts as unconstitutionally malapportioned, based on the legislature's failure to draw compliant districts after the last Census.
- Complaint (May 10, 2013).
The latest: The complaint was filed on May 10, 2013. On June 27, this case was consolidated with Brown v. Kentucky, above.