State Summary
Kentucky’s congressional and state legislative lines are drawn by the legislature, as normal legislation, subject to gubernatorial veto.
In the 2020 cycle, the legislature passed congressional (SB 3) and state legislative (SB 2 and HB 2) plans on Jan. 8, 2022; the governor vetoed the congressional and state House plans on Jan. 19, 2022, but the legislature voted to override the vetoes on Jan. 20, 2022. The state Senate plan became law without the governor’s signature on Jan. 21, 2022.
In the 2010 cycle, the legislature passed congressional maps (HB 302) on Feb. 10, 2012. It passed state legislative maps (HB 1) on Jan. 19, 2012, which were struck by a state court on Feb. 7, 2012. The 2012 elections took place under the 2002 plan; on Aug. 23, 2013, the legislature passed new state legislative maps (HB 1), which the governor signed the same day.
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Key Info for 2000 Cycle
Website
Primary governing law
Key Info for 2010 Cycle
Website
Primary governing law
Key Info for 2020 Cycle
Primary governing law
Data
Website
The Latest Updates
Institution
Kentucky’s congressional and state legislative lines are both drawn by the state legislature, as a regular statute, subject to gubernatorial veto.
A provision of state law providing exclusive jurisdiction to a three-judge circuit court panel in state court for legal challenges to state legislative maps was repealed in Jan. 2022; challenges may now be brought in any circuit court where the plaintiff resides. [Ky. Stat. § 5.005, as amended] No similar provision existed for congressional lines.
Timing
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 2022; that legislative session was scheduled to begin on Jan. 4, 2022, and end no later than Apr. 15, 2022. [Ky. Const. § 33; Ky. Const. § 36; Ky. Const. § 42] Candidates were required to file for congressional and state legislative primary elections by Jan. 7, 2022. [Ky. Stat. § 118.165(2)].
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)]
Public input
The legislature allowed members of the public to submit complete draft plans to legislators in shapefile or block equivalency format.
Criteria
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; the state courts have interpreted this to mean a presumptive limit of ±5% from the average population. [Ky. Const. § 33; Legis. Res. Comm’n v. Fischer, 366 S.W.3d 905, 913-16 (Ky. 2012)]
Kentucky must also, like all states, abide by the Voting Rights Act and constitutional rules on race. Kentucky courts have found claims of partisan gerrymandering to be justiciable, but will strike a plan for unconstitutional partisanship only when “it either involves a clear, flagrant, and unwarranted invasion of the constitutional rights of the people, or is so severe as to threaten our Commonwealth’s democratic form of government.” [Graham v. Adams, 684 S.W.3d 663, 683 (Ky. 2023)]
For state legislative districts, the Kentucky Constitution requires that districts be contiguous and that they preserve whole counties when possible. The state courts have interpreted this to mean that state legislative districts must divide the fewest number of counties possible. [Ky. Const. § 33; Legis. Res. Comm’n v. Fischer, 366 S.W.3d 905, 911-13 (Ky. 2012); Graham v. Adams, 684 S.W.3d 663, 690-92 (Ky. 2023)]
2020 cycle
Kentucky’s legislature passed congressional (SB 3) and state legislative (SB 2 and HB 2) plans on Jan. 8, 2022; the governor vetoed the congressional and state House plans on Jan. 19, 2022, but the legislature voted to override the vetoes on Jan. 20, 2022. The state Senate plan became law without the governor’s signature on Jan. 21, 2022.
Challenges in state court to the congressional and state House plans were ultimately rejected. It does not appear that the state Senate plan was challenged in court. [Graham v. Adams, 684 S.W.3d 663 (Ky. 2023)]
2010 cycle
Kentucky’s legislature passed congressional maps (HB 302) on Feb. 10, 2012, which was signed by the Governor on the same day.
The legislature passed state legislative maps (HB 1) on Jan. 19, 2012, which were signed by the Governor on Jan. 20, 2012. The maps were challenged in state court, and on Feb. 7, 2012, the court struck the maps on the grounds of malapportionment and excessive division of counties. The 2012 elections took place under the 2002 plan, but the map had to be redrawn thereafter. [Brown v. Ky. Legis. Res. Comm’n, 966 F. Supp. 2d 709 (E.D. Ky. 2013); Legis. Res. Comm’n v. Fischer, 366 S.W.3d 905 (Ky. 2012)]
On Aug. 23, 2013, the legislature passed new state legislative maps (HB 1), which were signed by the Governor on the same day.
2000 cycle
Kentucky’s legislature enacted congressional and state legislative districts (HB 1) on Jan. 31, 2002.
Once the plans were drawn, it appears that they were not further challenged in court.
Redistricting Cases in Kentucky
State supreme court rejected challenges to congressional and state House plan: alleged unconstitutional partisan gerrymandering
State court granted temporary injunction, enjoining use of unconstitutional state House and state Senate plans as drawn.
Plaintiffs voluntarily dismissed state court action asking court to draw congressional districts after legislature drew lines
