A lawsuit challenges DeSantis’ authority to call a special redistricting session

ORLANDO, Fla. (AP) — Florida Gov. Ron DeSantis does not have the authority to call a special session to redraw Florida’s congressional map midway through the decade since that power belonged to lawmakers, according to a lawsuit filed Thursday.

Read more: DeSantis calls a special session in April to redraw Florida’s congressional districts in favor of the GOP

The Republican governor’s announcement last month that he would hold a special session in April to draw new congressional districts violates the Florida Constitution’s “separation of powers doctrine,” according to a lawsuit backed by the National Redistricting Foundation, a voting rights group, that was filed with the Florida Supreme Court.

DeSantis’ announcement put Florida in a redistricting arms race among states that had redrawn districts midway through the decade. Currently, Republicans hold 20 of Florida’s 28 seats in Congress.

Florida’s congressional districts being redrawn to favor Republicans could have major consequences for President Donald Trump’s plan to redraw congressional districts in GOP-led states, which could give Republicans a chance to win additional seats in the midterm elections and retain control of the closely divided U.S. House of Representatives.

Read more: Florida Supreme Court upholds congressional map eliminating majority black district

Nationally, the unusual mid-decade redistricting battle has so far resulted in a total of nine additional seats that Republicans believe they can win in Texas, Missouri, North Carolina and Ohio — and a total of six more seats that Democrats expect to win in California and Utah, leaving Republicans with a three-seat lead. But redrawn districts are being litigated in some states, and if the maps hold in 2026, there is no guarantee the parties will win the seats.

In 2010, more than 60% of Florida voters approved a constitutional amendment prohibiting the drawing of district lines to unfairly favor one political party in a process known as gerrymandering. However, last July, the Florida Supreme Court upheld DeSantis’ congressional map, which critics said violated the “fair districts” amendment.

Read more: A Florida appeals court reinstated DeSantis’ congressional map that could favor Republicans

The lawsuit was brought against DeSantis and Florida Secretary of State Cord Byrd, who directed county elections supervisors to implement rules used only in years when Florida districts are redrawn. The lawsuit requires DeSantis to prove he has the authority to call a special redistricting session, and if he cannot do so, declare the redistricting declaration unenforceable.

“The decision as to whether and when to redistrict Florida’s congressional districts rests with the Legislature,” the lawsuit states. “While the Governor has the right to call a special session, he does not have the authority to compel the Legislature to implement his preferred policy goals by undergoing legally unnecessary reapportionment.”

DeSantis’ office did not respond to an email inquiry seeking comment.