New Jersey

New Jersey’s congressional lines are drawn by a 13-member politician commission, in place since 1995 (and based on a statutory model developed in 1991). The four legislative leaders (majority and minority leader in each legislative chamber) and the chairs of the state’s two major political parties each choose two commissioners, none of whom may be a congressional member or employee. Those twelve commissioners then choose a thirteenth who has not held any public or party office in New Jersey within the last five years. If the twelve commissioners are not able by July 20 to select a thirteenth member to serve as chair, they will present two names to the state Supreme Court, which will choose the chair by August 10.  The members of the commission are to be appointed with “due consideration to geographic, ethnic and racial diversity.” [N.J. Const. art. II, § II]

If the commission is not able to draw lines by Jan. 18, 2022, it must submit two plans to the state Supreme Court, which will select a winning plan.  [N.J. Const. art. II, § II]

The state legislative lines are drawn by a similar, but distinct, 10 or 11-member politician commission, in place since 1966. The chairs of the state’s two major political parties each choose five commissioners.  In making appointments, the state party chairs are asked to give “due consideration to the representation of the various geographical areas of the State.”  [N.J. Const. art. IV, § III]  The five Democratic commissioners for the 2020 cycle are listed here; the five Republican commissioners are listed here.

If those commissioners are not able to agree on a plan by their deadline, the Chief Justice of the state Supreme Court will appoint an eleventh member to serve as tiebreaker.  [N.J. Const. art. IV, § III]

The New Jersey Supreme Court has exclusive jurisdiction to review legal challenges to congressional districts that are filed in state court; there is no such provision with respect to legislative districts. [N.J. Const. art. II, § II, ¶ 7]

The initial twelve members of the congressional commission must be appointed by June 15, 2021, and the thirteenth member must be selected no later than July 15, 2021 (or, if selected by the Supreme Court, no later than Aug. 10, 2021).  The commission must produce a congressional plan no later than Jan. 18, 2022.  Candidates must file for congressional primary elections by Apr. 4, 2022. [N.J. Const. art. II, § II; N.J. Stat. §§ 19:23-14, -40]

The state legislative commission has a different timeline.  Normally, it must attempt to draw lines no later than one month after receipt of Census data. Since the Census data will arrive after Feb. 15, 2021, the 2021 elections will be held under existing lines, the Chief Justice of the state Supreme Court selects an eleventh member within a month of the Census data arriving, and the commission must produce maps by Mar. 1, 2022.  Candidates must file for state legislative primary elections by Apr. 3, 2023. [N.J. Const. art. IV, § III]

New Jersey explicitly prohibits redrawing either congressional or state legislative lines mid-decade. [N.J. Const. art. II, § II, ¶ 8; N.J. Const. art. IV, § III, ¶ 3-4]

New Jersey law requires the congressional redistricting commission to hold at least three public hearings in different parts of the state, and if convenient, to review plans submitted by the public.  [N.J. Const. art. II, § II, ¶ 4]

Though there are no similar constitutional provisions with respect to state legislative districts, the state legislative commission has set a similar hearing schedule in past cycles.

Like all states, New Jersey must comply with constitutional equal population requirements; the New Jersey constitution further provides that state legislative districts should be as equally populated as possible. [N.J. Const. art. IV, § II, ¶¶ 1, 3]  New Jersey will adjust census data for state legislative districts in order to count incarcerated individuals at their last known residence before incarceration.  [N.J. Stat. §§ 52:4-1.1 – 1.5]

New Jersey must also, like all states, abide by the Voting Rights Act and constitutional rules on race.

New Jersey law provides additional constraints for state legislative districts. These districts must be contiguous, and must be as nearly compact as possible (compactness will be policed if noncompact districts are pursued for partisan advantage). Municipalities must also be kept intact, except where otherwise required by law. [N.J. Const. art. IV, § II, ¶¶ 1, 3; Davenport v. Apportionment Comm’n, 319 A.2d 718 (N.J. 1974); Scrimminger v. Sherwin, 291 A.2d 134 (N.J. 1972)] There is some conflicting law with respect to incumbents’ residences: one case states that deviations from other criteria may not be justified by incumbents’ residences, but another declares that it is a valid state purpose to protect incumbents. [Davenport v. Apportionment Comm’n, 319 A.2d 718 (N.J. 1974); Jackman v. Bodine , 231 A.2d 193 (N.J. 1967)]

State legislative districts are, by definition, nested; one Senator and two Representatives are elected from each district. [N.J. Const. art. IV, § II, ¶ 3; Jackman v. Bodine , 231 A.2d 193 (N.J. 1967)]

New Jersey’s congressional redistricting commission adopted congressional plans on Dec. 23, 2011; the state legislative commission adopted state legislative district plans on Apr. 3, 2011.

The state legislative plan was challenged in state court, and upheld.  [Gonzalez v. N.J. Apportionment Comm’n, 53 A.3d 1230 (N.J. Super. Ct., App. Div. 2012)]

Materials are available here (congressional districts) and here (state legislative districts); maps are available here (congressional districts) and here (state legislative districts).

New Jersey’s congressional redistricting commission adopted congressional plans on Oct. 26, 2001; the state legislative commission adopted state legislative district plans on Apr. 11, 2001.

The state legislative plan was challenged in both federal and state court, and upheld. [Page v. Bartels, 144 F. Supp. 2d 346 (D.N.J. 2001); Robertson v. Bartels, 148 F. Supp. 2d 443 (D.N.J. 2001), aff’d 534 U.S. 1110 (2002); McNeil v. Legis. Apportionment Comm’n, 828 A.2d 840 (N.J. 2003)]

Materials are available here (congressional districts); maps are available here.