Limited options for Democrats to retaliate if Texas Republicans redraw congressional map

WASHINGTON (AP) — As Republicans move to redraw legislative maps in red states to pad their narrow House majority in Washington, some Democrats are rethinking their embrace of a nonpartisan approach to line-drawing that now complicates their party’s ability to hit back before next year’s midterm elections.

In many Democratic-controlled states, independent commissions rather than the state legislature handle redistricting, the normally-once-a-decade task of adjusting congressional and legislative districts so their populations are equal. Parties in the majority can exploit that process to shape their lawmakers’ districts so they are almost guaranteed reelection.

The commission model limits parties’ ability to game the system, leading to more competitive districts. Not all redistricting commissions were created at Democrats’ insistence. And, like Republicans, the party has exploited line-drawing for its own gain in the handful of states where it controls the process. But unlike Republicans, many Democratic Party leaders have embraced the nonpartisan model.

That means Democrats have fewer options to match Republicans, who are redrawing the U.S. House map in Texas at President Donald Trump’s urging to carve out as many asfive new winnable seats for the GOP. That could be enough to prevent Democrats from winning back the majority next year.

Democrats have threatened payback. During a gathering Friday in Wisconsin of Democratic governors, several of them said they wanted to retaliate because the stakes are so high.

Wisconsin Gov. Tony Evers, who has pushed for a nonpartisan redistricting commission in his state, said Democrats must “do whatever we can” to counter the Republican efforts to redraw congressional maps.

“When you have a gun against your head, you’ve got to do something,” he said.

Despite the ambitious talk, Democrats largely have their hands tied.

Democratic states have limited ability to redistrict for political edge

California Gov. Gavin Newsom has said he and the Democratic-controlled Legislature will try to redraw his state’s congressional map. But they would need to repeal or defy the 2008 ballot measure creating an independent redistricting commission. Voters extended its authority to congressional districts two years later.

Newsom supported the constitutional amendment at the time, when he was mayor of San Francisco. The Texas redistricting, which is expected to pass the Legislature next week, led him to modify that position.

“We can act holier than thou, we can sit on the sidelines, talk about the way the world should be, or we can recognize the existential nature that is this moment,” Newsom said earlier this month.

In New York, which also has a commission, the state constitution bars another map this decade. Democrats have moved for a change, but that could not happen until 2027 at the earliest, and then only with voter approval.

In other states where Democrats control the governor’s office and legislature, including Colorado and Washington, the party has backed independent commissions that cannot redraw, let alone rig, maps in the middle of the decade.

Democrats say ‘foundations of our democracy’ at stake

When the redistricting cycle kicked off in 2021, after the last census, independent commissions were in charge of drawing 95 House seats that otherwise would have been drawn by Democrats, but only 13 that would have been created by Republicans.

In a marker of the shift among Democrats, former Attorney General Eric Holder, who heads the party’s redistricting effort and has called repeatedly for a more nonpartisan approach, seemed to bless his party’s long shot efforts to overrule their commissions.

“We do not oppose – on a temporary basis – responsible, responsive actions to ensure that the foundations of our democracy are not permanently eroded,” Holder said in a statement last week.

In states where they weren’t checked by commissions, Democrats have redistricted just as ruthlessly as Republicans. In Illinois, they drew a map that gave them a 14-3 advantage in the congressional delegation. In New Mexico, they tweaked the map so they control all three House seats. In Nevada, they held three of its four seats in November despite Trump winning the state.

Even in states where they have a lopsided advantage, Democrats are exploring ways to maximize it.

On Friday, Maryland’s House Majority Leader, Democratic Del. David Moon, said he would introduce legislation to trigger redrawing of the congressional lines if Texas moves forward. Democrats hold seven of the state’s eight congressional seats.

“We can’t have one state, especially a very large state, constantly trying to one-up and alter the course of congressional control while the other states sit idly by,” he said.

Commissions promote ‘fair representation,’ advocates say

Advocates of a nonpartisan model are alarmed by the shift among Democrats. They say the party would redistrict just as aggressively as the GOP if not held in check, depriving voters of a voice in districts whose winners would essentially be selected in advance by political leaders.

“We’re very desperate — we’re looking for any port in a storm,” said Emily Eby French, Common Cause’s Texas director. “This Democratic tit for tat redistricting seems like a port but it’s not a port. It’s a jagged rock with a bunch of sirens on them.”

The group’s director of redistricting, Dan Vicuña, said using redistricting for partisan advantage — known as gerrymandering — is highly unpopular with the public: “This is about fair representation for communities.”

Politicians used to shy away from discussing it openly, but that has changed in today’s polarized environment. Trump earlier this month told reporters about his hopes of netting five additional GOP seats in Texas and more out of other Republican-controlled states.

He has urged new maps in GOP-controlled states such as Indiana and Missouri, while Ohio Republicans are poised to reshape political lines after neutralizing a push to create an independent redistricting commission.

Democrats are divided over how to respond to Texas

In a sign of the party’s divide, Democrats have continued to push for a national redistricting panel that would remove partisanship from the process, even as some call for retaliation against Republicans in defiance of state limitations.

“No unilateral disarmament till both sides are following the law,” said Arizona Sen. Ruben Gallego, like Newsom a possible 2028 presidential contender, wrote on X. Gallego’s post came a day before his Democratic colleagues gathered to announce they were reintroducing a bill to create the national commission.

An identical bill died in 2022 when it couldn’t overcome Republican objections despite Democrats controlling Congress and the presidency. It has no chance now that the GOP is in charge of both branches.

Sen. Chris Murphy, another potential 2028 contender, didn’t express regret over past reforms that have implemented independent redistricting boards in Democratic states, saying the party “should never apologize for being for the right thing.”

But he added that Republicans “are operating outside of the box right now and we can’t stay inside the box.”

“If they’re changing districts in the middle of the 10-year cycle, we have to do the same thing,” he said.

That approach, however, hasn’t caught on across the party.

“We shouldn’t stoop to their tactics,” Sen. Richard Blumenthal of Connecticut said. “It’s an ideal that we have accurate and fair representation. We can’t abandon it just because Republicans try to manipulate and distort it.”

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Riccardi reported from Denver. Associated Press writers Scott Bauer in Madison, Wisconsin, Jaimie Ding in Los Angeles, Anthony Izaguirre in Albany, New York, and Brian Witte in Annapolis, Maryland, contributed to this report.