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Prof. Justin Levitt's Doug Spencer's Guide to Drawing the Electoral Lines

State Summary

As of 2018, Ohio’s legislature has the first opportunity to draw congressional lines, by supermajority.  If it cannot, the process falls to a 7-member backup politician commission.  If that commission also fails, then the lines are drawn by the state legislature, as a regular statute, subject to gubernatorial veto.  Lines passed by supermajority or by the backup commission are valid for ten years; lines passed as normal legislation are valid only for two general elections.

Ohio’s state legislative lines are drawn by a 7-member politician commission.  Bipartisan maps are valid for ten years; lines passed with a simple partisan majority are valid only for two general elections.

In the 2010 cycle, Ohio’s legislature had responsibility for passing congressional lines, as a normal statute.  Ohio’s legislature passed a congressional plan (HB 319) on Sept. 21, 2011, which was signed on Sept. 26, 2011.  After a referendum threat, on Dec. 14, 2011, the state legislature passed a revised congressional plan (HB 369), which was signed the next day.  Ohio’s politician commission passed state Senate and state House lines on on Sept. 28, 2011, on a partisan vote.

A voter initiative to change the redistricting process for 2021 qualified for the Nov. 2012 ballot; there was litigation over the ballot language, and a complaint before the Ohio Elections Commission regarding allegedly false statements in a campaign flyer with respect to the measure. The measure was ultimately defeated in the 2012 general election.  In 2015, HJR 12 amended the process for drawing state legislative lines; in 2018, SJR 5 amended the process for drawing congressional districts.

 

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Seats: (projected)

Institution:

Drawn by:

Plan Status:

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Key Info for 2000 Cycle

Primary governing law

Key Info for 2010 Cycle

Website

Primary governing law

Key Info for 2020 Cycle

Primary governing law

Ohio Const. art. XI, XIX

Data

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The Latest Updates

Oct 14, 2022
GOP members of Ohio's redistricting commission appealed a state supreme court ruling to the U.S. Supreme Court. The state supreme court held that new congressional districts violated the state's constitution. The appeal argues that the state supreme court usurped encroached on the state legislature's authority in violation of the U.S. Constitution.
Aug 17, 2022
The Ohio Supreme Court announced that it would not hold state legislators who sit on the Redistricting Commission in contempt for ignoring the court's order to draw new congressional districts.
Aug 17, 2022
Ohio legislature failed to draw new congressional districts by 30-day deadline established by the state supreme court. Republican leaders argue that the 30-day clock only starts if appeal to U.S. Supreme Court fails.
Jul 17, 2022
Ohio supreme court struck down a second proposal for new congressional districts as violating the state's constitution. The legislature has thirty days to draw new maps.
May 27, 2022
A three-judge federal trial court adopted congressional and state legislative maps in Ohio that the state's supreme court had previously held were partisan gerrymanders in violation of the state constitution.
Mar 29, 2022
The Ohio Supreme Court set filing deadlines for arguments related to the state's contested congressional maps that extend beyond the May 3 primary. Petitioners must file their brief by May 3 and respondents may then respond by May 20. Petitioners may file a reply by May 27. The upshot is that the 2022 congressional election will take place using a set of districts that are very similar to districts that were previously struck down by the Supreme Court.
Mar 2, 2022
The Ohio Redistricting Commission passed a new congressional map for the second time after its first map was invalidated by the state Supreme Court. The new map is similar to the first map and faces an uphill battle at the Court.
Feb 17, 2022
The Ohio Redistricting Commission failed to approve new state legislative districts for a second time. The process now shifts to the state Supreme Court, although the state constitution prohibits the Court from drawing new maps itself.
Feb 10, 2022
Ohio Senate President Matt Huffman proposed holding a second primary election for state legislative offices because new maps will likely not be ready in time for the U.S. Senate primary on May 3.
Feb 7, 2022
The Ohio Supreme Court rejected the second set of approved state legislative maps by the Ohio Redistricting Commission. The Commission now has 10 days (until Feb. 17) to draw constitutional maps.
Dec 3, 2021
The Ohio Supreme Court published an order dismissing a legal challenge against members of the state's redistricting commission in their official capacity. The case will continue against the same individuals in their capacity as political leaders of the state.
Nov 22, 2021
The National Redistricting Action Fund (backed by former Attorney General Eric Holder) has challenged Ohio's congressional map in the state supreme court for violating Article XIX of the state's constitution that prohibits the state legislature from enacting a new congressional plan that "unduly favors or disfavors a political party or its incumbents."
Nov 20, 2021
Ohio Gov. DeWine signed SB 258 into law, approving the state's new congressional districts.
Nov 18, 2021
The Ohio state House approved new congressional districts (SB 238) on a largely party-line vote. Four Republicans joined every Democrat in opposing the bill, meaning new districts will need to be approved in 2025. The new map now awaits Gov. DeWine's signature.
Nov 16, 2021
The Ohio Senate approved new congressional districts on a party-line vote. If enacted, the new districts would only be valid for the 2022 and 2024 elections, after which the Legislature would need to approve a new map.
Nov 1, 2021
Ohio's bipartisan backup commission failed to approve (or to even propose) a new congressional districting plan by Oct. 31 deadline. Authority now shifts to the state legislature, which must approve new maps by Nov. 30.
Oct 7, 2021
The Ohio Supreme Court rules that the Plaintiffs in three pending redistricting lawsuits will be allowed to question Gov. Mike DeWine, Senate President Matt Huffman and the other members of the Ohio Redistricting Commission.
Sep 30, 2021
Ohio lawmakers failed to meet their deadline to draw new congressional districts, giving the seven-member Ohio Redistricting Commission the opportunity to pass a map backed by at least four members and both Democrats.
Sep 27, 2021
The Ohio Organizing Collaborative, Ohio chapter of the Council on American-Islamic Relations, Ohio Environmental Council and six Ohioans filed a lawsuit against the Ohio Redistricting Commission on the basis that the recently approved maps dilute the votes of Black Ohioans, Muslims and other minorities in the state.
Sep 24, 2021
The ACLU and League of Women Voters of Ohio filed a lawsuit in the Ohio Supreme Court challenging the state legislative districts adopted by the Ohio Redistricting Commission on Sept. 16.
Sep 16, 2021
The Ohio Redistricting Commission adopted new maps for state legislative districts that preserve a Republican supermajority in both chambers. The plan is valid for just four years.

Institution

As of 2018 (SJR 5), the Ohio legislature has the first opportunity to draw Ohio’s congressional lines, by a 3/5 supermajority, including votes of half of each major party in each chamber.  If that fails, the process falls to a seven-member backup commission, comprising the Governor, State Auditor, Secretary of State, and one commissioner chosen by each of the legislative leadership (majority and minority leader in each legislative house); plans must pass with the votes of at least two members affiliated with each major party.  If the commission can’t pass a plan, the state legislature may pass a congressional plan with a simple majority, as a regular statute, subject to gubernatorial veto.  Maps that are passed by a 3/5 supermajority of the legislature or by bipartisan approval of the commission are valid for ten years; maps passed by normal legislation are valid for two general elections.  [Ohio Const. art. XIX, § 1]

Ohio’s state legislative lines are drawn by the same seven-member politician commission, in place since 1967 and modified in 2015 (HJR 12), that serves as the backup for congressional districts, above.  The commission consists of the Governor, State Auditor, Secretary of State, and one commissioner chosen by each of the legislative leadership (majority and minority leader in each legislative house).  Plans must normally pass with the votes of at least two members affiliated with each major party, but if the commsision deadlocks, it may pass a plan by majority vote.  Maps that are passed with the votes of two members affiliated with each major party are valid for ten years; maps passed by majority vote are valid for two general elections.  [Ohio Const. art. XI, §§ 1, 8]

Ohio law continues to provide that both processes are aided by a 6-member advisory commission. The state Senate and state House majority leaders each appoint three members, at least one of whom must be from a different party, and at least one of whom must not be a legislator. [Ohio Rev. Code § 103.51]

The Ohio Supreme Court has original and exclusive jurisdiction to hear challenges to congressional and state legislative lines filed in state court.  If a plan is declared invalid, the appropriate body (or bodies) above will have an opportunity to redraw legal districts.  Normally, if districts are invalidated, new districts may be redrawn only to the extent necessary to remedy the legal infirmity; if a court invalidates at least two state Senate or six state House districts, or if a state legislative plan passed by a simple majority of the commission has legal infirmities that also leave a partisan imbalance with the statewide voters’ preferences, the commission may redraw the state legislative plan as a whole.  [Ohio Const. art. XI, § 9; art. XIX, § 3]

Timing

For congressional lines, the legislature has until Sept. 30, 2021, to draw by 3/5 supermajority; if that fails, the backup commission has until Oct. 31, 2021, to draw its bipartisan map; if that fails, the legislature has until Nov. 30, 2021, to approve a final plan.  [Ohio Const. art. XIX, § 1]   Candidates must file for congressional primary elections by Feb. 2, 2022. [Ohio Rev. Code §§ 3501.01, 3513.05]

For state legislative lines, the commission has until Sept. 1, 2021, to pass a plan with the votes of at least two members affiliated with each major party; if that fails, the commission has until Sept. 15, 2021, to pass a plan by majority vote.  [Ohio Const. art. XI, §§ 1, 8]  Candidates must file for state legislative primary elections by Feb. 2, 2022. [Ohio Rev. Code §§ 3501.01, 3513.05]

Unless a plan is passed by a bare majority, and valid only for two general elections, Ohio law prohibits redrawing congressional and state legislative districts mid-decade, before the next Census. [Ohio Const. art. XI, XIX]

Public input

Ohio law requires the state legislature to hold at least two public hearings, and accept proposals from the public, before any legislative action to pass a congressional plan.  The commission, similarly, must hold at least three public hearings after introducing a draft state legislative plan; if a plan cannot gain the support of at least two members affiliated with each major party, the commission must hold an additional hearing on any plan to be passed by majority vote.  [Ohio Const. art. XI, §§ 1(C), 8; art. XIX, § 1(G)-(H)]

If the legislature adopts a congressional plan as normal legislation, by majority vote, it must issue a statement explaining compliance with the special criteria governing undue partisan advantage and political subdivision splits described below.  [Ohio Const. art. XIX, § 1(C)(3)(d)]

If the commission adopts a state legislative plan by majority vote, it must issue a statement articulating the statewide partisan preferences of the electorate, and the fit of districts statewide to that overall partisan preference.  [Ohio Const. art. XI, § 1(C)(2)]

Criteria

Like all states, Ohio must comply with constitutional equal population requirements.

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

Ohio law further requires that congressional districts be contiguous and compact.  Districts must preserve political units according to very specific rules.  If a city is big enough to contain more than one district, the redistricting body must attempt to include a significant portion of that city in one district, and may include other residents with similar interests; if the biggest city in a county is smaller than one district but has more than 100,000 people, it may not be split.  65 counties must be entirely within a district (and each district should have at least one whole county if possible), 18 counties may be split once, 5 counties may be split twice, and no counties may be split more than twice; and the portion of any congressional district that splits a county must be contiguous within that county.  Finally, no two districts can spread over the same two counties, unless the county has more than 400,000 people. [Ohio Const, art. XIX, § 2]

Any congressional plan passed as legislation, by simple majority, must also not unduly favor or disfavor a party or incumbents, and must not unduly split counties, townships, and cities, in that order; such plans also relax the requirement that districts be compact.  [Ohio Const, art. XIX, § 1(C)(3)]

Ohio law specifies that each state legislative district must be within ±5 percent of the average population, and contiguous.  State House districts must also be created in a specific order: first divide the biggest counties into districts based on the average population, with any remaining fraction of a county in just one district.  Then each county within  ±5 percent of the average population becomes its own district.  Then draw districts in the rest of the state, trying to split each county at most once, splitting the fewest cities between half of an average district’s population and the average population, and splitting not more than one city per district.  If the above isn’t possible, the commission has to try creating districts by splitting two small or large cities, then by splitting incremental midsize cities, then by splitting midsized counties, then by splitting the remaining fraction of a county with multiple districts — and must specifically explain the result.  [Ohio Const. art. XI, § 3]

State House districts must be nested within state Senate districts, so that each Senate district is made up of three House districts. State Senate districts must also preserve county boundaries when possible. [Ohio Const. art. XI, § 4]

The state legislative plan, as a whole, may not be drawn primarily to favor or disfavor a party, and the partisan district alignment should “correspond closely” to statewide partisan preferences.  Districts should also be compact.  [Ohio Const. art. XI, § 6]

 

2010 cycle

Ohio’s legislature passed a congressional plan (HB 319) on Sept. 21, 2011, which was signed on Sept. 26, 2011.  The law purported to limit the opportunity to file a referendum on the maps, but on Oct. 14, 2011, the Ohio Supreme Court allowed the possibility of a referendum to the plan, with signatures (from 6% of the state’s electors) due by Dec. 25, 2011.  [State ex rel. Ohioans for Fair Districts v. Husted, 130 Ohio St. 3d 240 (2011)]  On Dec. 14, 2011, the state legislature passed a revised congressional plan (HB 369), which was signed the next day.

Ohio’s politician commission passed state Senate and state House lines on on Sept. 28, 2011, on a partisan vote.

The congressional plan was challenged in federal court, and the state legislative plans were challenged in state court; both were upheld.  [Ohio A. Philip Randolph Inst. v. Householder, 373 F. Supp. 3d 978 (S.D. Ohio 2019), vacated by 140 S. Ct. 101 (2019); Wilson v. Kasich, 134 Ohio St.3d 221 (2012)]

2000 cycle

The legislature passed a congressional plan (HB 471), which was signed on Jan. 24, 2002.

Ohio’s commission enacted state legislative lines on Oct. 1, 2001.

The state legislative plan was challenged in federal court, and upheld. [Parker v. Ohio, 263 F. Supp. 2d 1100 (S.D. Ohio 2003), aff’d, 540 U.S. 1013]

Redistricting Cases in Ohio

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Ohio | State Upper | State Lower
Bennett v. Ohio Redistricting Comm'n
PENDING - State court challenge to state legislative plan: partisan gerrymandering
Last Updated Nov 3, 2023
Case No. 2021-1198 (Ohio Sup. Ct.)
Cycle 2020
Ohio | State Upper | State Lower
League of Women Voters of Ohio v. Ohio Redistricting Comm'n
PENDING - State court challenge to state legislative plan: partisan gerrymandering
Last Updated Nov 3, 2023
Case No. 2021-1193 (Ohio Sup. Ct.)
Cycle 2020
Ohio | Congress
Huffman v. Neiman (was Neiman v. LaRose)
State supreme court struck remedial congressional plan: unconstitutional partisan gerrymandering
Last Updated Jun 30, 2023
Case No. 2022-0298 (Ohio S. Ct.); No. 22-362 (S. Ct.)
Cycle 2020