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

State Summary

In 2018, Utah voters passed a reform initiative (Proposition 4), which was rendered fully advisory by the legislature (SB 200) in 2020. Utah’s congressional and state legislative lines are both drawn by the state legislature, as a regular statute, subject to gubernatorial veto.

In the 2020 cycle, the Independent Redistricting Commission proposed dozens of congressional and state legislative maps. On Nov. 12, 2020 Gov. Cox signed HB2004 into law, establishing a new congressional map that ignored the commission’s maps by splitting pieces of Salt Lake County into four safely-Republican districts.

The League of Women’s Voters of Utah filed a lawsuit in March 2022 claiming the new maps were a partisan gerrymander.

In the 2010 cycle, Utah’s legislature passed a congressional plan (SB 3002) on Oct. 17, 2011, which was signed by the Governor on Oct. 20, 2011.  The legislature passed state Senate (SB 3001) and state House (HB 3001) plans on Oct. 4, 2011; the Governor signed the state House plan on Oct. 19, 2011, and the state Senate plan on Oct. 20, 2011.  On Jan. 27, 2012, the legislature passed SB 125 and HB 286, with amendments to state legislative boundaries; both were signed on Jan. 30, 2012.

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Seats: (projected)

Institution:

Drawn by:

Plan Status:

Party Control:
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Key Info for 2000 Cycle

Website

Primary governing law

Key Info for 2020 Cycle

Primary governing law

Data

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The Latest Updates

Jul 11, 2024
The state supreme court invalidated state legislature's attempt to rewrite a ballot initiative that had created an independent redistricting commission in 2018. The case was remanded for further review.
Jul 11, 2023
Utah's Supreme Court heard oral arguments in lawsuit challenging the state's congressional districts, and the Legislature's authority to revise ballot initiatives.
Nov 22, 2022
State court judge published its legal reasoning for not dismissing case against state lawmakers challenging Utah's congressional districts. The state lawmakers have appealed the order to the state Supreme Court.
Oct 24, 2022
State court judge rejected several motions to dismiss a lawsuit challenging Utah's new congressional map. The lawsuit will now proceed to trial.
Mar 17, 2022
The League of Women Voters of Utah and other groups and individuals filed a lawsuit asking a state court to strike down Utah's congressional map as a partisan gerrymander and to reinstate the authority of the state's Independent Redistricting Commission that was created by ballot initiative in 2018 and then relegated to an advisory role by the state legislature in 2020.
Nov 12, 2021
Utah Gov. Spencer Cox signed HB2004 into law, establishing a new congressional districting plan that splits Salt Lake County into all four districts. The new map was drawn by the state Legislature and largely ignores a set of plans proposed by the state's advisory Independent Redistricting Commission.
Nov 5, 2021
Utah's joint Legislative Redistricting Committee published its proposed maps for Congress (#132), state Senate (#130), and state House (#129).
Oct 26, 2021
The Utah Independent Redistricting Commission has presented a set of three maps each for Congress, state Senate, and state House to the state Legislature. Under state law, the Commission's role is advisory and not binding.
Oct 25, 2021
Former Congressman Rob Bishop resigned from the Utah Independent Redistricting Commission, arguing that the Commission has failed to adequately represent rural parts of the state.
Mar 17, 2021
The Utah Governor signed legislation (HB 413) extending deadlines for advisory commission hearings and proposed maps, in light of delayed census data.
Feb 1, 2021
Utah has named all members of its independent redistricting commission.
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Institution

Utah’s congressional and state legislative lines are both drawn by the state legislature, as a regular statute, subject to gubernatorial veto.

The legislature receives input from a statutory seven-person independent commission appointed by Feb. 1, 2021; the governor and each of the four legislative leaders (majority and minority leader in each legislative house) select one commissioner, the majority leaders in the Senate and House together choose one commissioner, and the minority leaders in the Senate and House together choose one commissioner.  None of the commissioners may be a lobbyist; be a candidate for or hold elected public office, statewide appointed public office, or an office in a political party; be a consultant or employee of a party, candidate, or state or federal legislator; or report directly to an elected or statewide appointed public official.  And for two years before their appointment, none of the commissioners may have been affiliated with a political party or partisan organization or voted in a party primary.  [Utah Code § 20A-20-201] The names of the commissioners are listed here.

Commissioners must approve three draft maps for each of the congressional, state Senate, and state House plans.  Sets of plans that are not all approved by a five-member supermajority must include one map with the approval of the commissioner chosen jointly by the majority leadership and one map with the approval of the commissioner chosen jointly by the minority leadership.  [Utah Code § 20A-20-302]

These maps are presented to the legislature at a public hearing.  The legislature may then adopt, modify, or ignore the commission’s proposal.   [Utah Code § 20A-20-303(5)]

Timing

No later than 14 days after its final public hearing (and so no later than Nov. 15, 2021), the advisory independent commission must present three different versions of congressional, state Senate, and state House maps to the legislature, along with an explanatory report.   Within 15 days of receiving the report, the legislative redistricting committee considers the maps at a public meeting, with public comment.  [Utah Code §§ 20A-20-302, -303]

Utah state law does not impose a particular deadline by which the legislature must draw congressional lines, though candidates must file for congressional primary elections by Mar. 17, 2022. [Utah Code § 20A 9-408]

The legislature’s constitutional deadline for drawing state legislative lines is the end of the first legislative session after census data is received, though the 2001 legislature passed redistricting legislation in special session.  The 2022 regular session is currently scheduled to begin on Jan. 24, 2022, and end no later than Mar. 12, 2022.  [Utah Const. art. VI, § 2Utah Const. art. VI, § 16Utah Const. art. IX, § 1]  Candidates must file for state legislative primary elections by Mar. 17, 2022. [Utah Code § 20A 9-408]

Utah ties the drawing of both congressional and state legislative lines to the Census, and might therefore be construed to prohibit redrawing lines mid-decade. [Utah Const. art. IX, § 1]

Public input

By statute, the advisory independent commission must hold at least seven public hearings before Nov. 1, 2021, in particular designated regions of the state, for members of the public to propose maps and comment on maps, and the legislative redistricting committee must consider maps recommended by the commission at a public meeting.  The commission is subject to Utah’s Open and Public Meetings Act.  [Utah Code §§ 20A-20-203(1)(b), -301]

The commission must also maintain a website for the public to access records of commission meetings and hearings, and to access and submit maps and comments on maps.  [Utah Code § 20A-20-201(13)] That website can be found here. The 2021 meeting schedule for public input can be found here.

Criteria

Like all states, Utah must comply with constitutional equal population requirements.  State statutes further provide that congressional districts recommended by the advisory commission must have a total deviation of no more than 1% from largest to smallest, and state legislative districts recommended by the advisory commission must have a total deviation of no more than 10% from largest to smallest.  [Utah Code § 20A-20-302(4)]

Utah must also, like all states, abide by the Voting Rights Act and constitutional rules on race.  State statutes further provide that a plan recommended by the advisory commission may not “use race as a predominant factor in drawing district lines.”  [Utah Code § 20A-20-302(4)]

State statutes also require, for maps recommended by the commission, that each district be contiguous and “reasonably” compact; state law also provides that maps recommended by the commission, “to the extent practicable,” should preserve communities of interest; follow natural, geographic, or manmade features or boundaries; preserve the cores of prior districts; minimize the division of municipalities and counties; nest boundaries of different types of districts.  These maps may also not intentionally or unduly favor or disfavor candidates or parties. [Utah Code § 20A-20-302(4)-(5)]

Finally, state statutes allow the independent advisory commission to follow the legislature’s lead if the legislature creates smaller population deviation standards for state legislative districts, and allows the commission to blind itself to the addresses of candidates or electoral data (except for compliance with the Voting Rights Act), if it wishes.  [Utah Code § 20A-20-302(6)-(7)]

The legislature may modify any of these statutory requirements if it wishes.  Moreover, the statutory criteria for maps recommended by the commission do not appear to constrain the maps finally passed by the legislature.

2020 Cycle

In 2018, Utah voters passed a reform initiative (Proposition 4), which was rendered fully advisory by the legislature (SB 200) in 2020. Utah’s congressional and state legislative lines are both drawn by the state legislature, as a regular statute, subject to gubernatorial veto.

In the 2020 cycle, the Independent Redistricting Commission proposed dozens of congressional and state legislative maps. On Nov. 12, 2020 Gov. Cox signed HB2004 into law, establishing a new congressional map that ignored the commission’s maps by splitting pieces of Salt Lake County into four safely-Republican districts.

2010 cycle

Utah’s legislature passed a congressional plan (SB 3002) on Oct. 17, 2011, which was signed by the Governor on Oct. 20, 2011.

The legislature passed state Senate (SB 3001) and state House (HB 3001) plans on Oct. 4, 2011; the Governor signed the state House plan on Oct. 19, 2011, and the state Senate plan on Oct. 20, 2011.  On Jan. 27, 2012, the legislature passed SB 125 and HB 286, with amendments to state legislative boundaries; both were signed on Jan. 30, 2012.

It appears that these plans were not challenged in court.

2000 cycle

Utah’s legislature passed a congressional (SB 2002), state Senate (SB 2001), and state House (HB 2001) plan; all were  signed on Oct. 11, 2001.

It appears that these plans were not challenged in court.

Redistricting Cases in Utah

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Utah | Congress | Process
League of Women Voters of Utah v. Utah State Legislature
PENDING: state court challenge to state legislature's attempt to nullify citizen-initiative-created redistricting commission.
Last Updated Jul 11, 2024
Case No. 220901712 (Utah Dist. Ct., Salt Lake Cnty.), Nos. 20220991, 20220998 (Utah S. Ct.)
Cycle 2020

2020 Utah Maps Available for Download

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Utah | 2020
2020 Utah Maps
Utah’s congressional and state legislative lines are both drawn by the state legislature, as a reg...
Number of Maps 14
Last Updated Oct 22, 2021
Cycle 2020