Ohio Republicans regroup, postpone congressional map plan after latest Ohio Supreme Court

On Feb 11, 2022

COLUMBUS — Following their latest redistricting-related legal setback, Ohio Republican state lawmakers are scrapping plans to introduce a new congressional map plan this week, deciding they are unable to get the minimal Democratic support it would require to take effect in time for the May election.

Under the timelines set in Ohio’s new redistricting rules, that means responsibility for coming up with a new plan now will go back to the Ohio Redistricting Commission. The panel of elected officials, including Gov. Mike DeWine and Republican and Democratic state legislative leaders, will have until mid-March to approve a new map. However, it likely will target getting something done before a March 4 candidate filing deadline.

But first, the commission will have to complete another task. It also must approve a new set of state legislative maps by Feb. 17 if it wants to comply with an order the Ohio Supreme Court issued Monday night.

In that order, the court — for the second time — rejected Republican-drawn maps for Ohio’s state House and Senate districts. The court also rejected Ohio Republicans’ congressional map last month. Lawmakers are redrawing Ohio’s political maps following the 2020 U.S. Census, a routine occurrence that has dragged out this year as it’s being done under new anti-gerrymandering rules.

In all three rulings, Republican Chief Justice Maureen O’Connor and Democratic Justices Jennifer Brunner, Michael Donnelly and Melody Stewart cited the new anti-gerrymandering rules overwhelmingly approved by voters in 2015 for state legislative districts and 2018 for congressional districts. They said Republicans passed maps unconstitutionally slanted in favor of the GOP.

On Tuesday, House Speaker Bob Cupp said Republicans are analyzing the court’s latest decision and deciding how to proceed.

“We’re still trying to work through the opinion to see what the specific course of action is,” said Cupp, a Lima Republican. “It’s a lot more complicated than getting your Etch-a-Sketch out and drawing squares or blocks in the State of Ohio.”

But Cupp said the legislature wouldn’t be passing a congressional map by Friday. Republicans had planned to unveil a new congressional map perhaps on Monday night, then airing it out in committee hearings for Tuesday and Wednesday before possibly passing it later this week.

But they canceled their plans after the court’s ruling. Cupp said they had been unable to pick up the two additional votes from House Democrats that would be needed for the map to take effect in time for the May election.

That’s because there are 64 House Republicans, but 66 House votes are needed for a law change to pass with an emergency clause, making it take effect immediately instead of the standard 90-day waiting period.

However, the redistricting commission can approve a map that takes effect immediately.

The question then becomes whether a congressional map might be able to get Democratic support — which is needed for it to last for the typical 10 years instead of an abbreviated four years. The same goes for state legislative maps — although for both previous sets, Republican commissioners passed them without Democratic support.

Democrats have asserted the new redistricting system says Democrats must sign off on a congressional map approved by the redistricting commission — something Republicans contest and yet another aspect of redistricting that could erupt into a political and legal fight. The same isn’t true for state legislative maps.

Beyond the basic mechanics of the commission, two parties also likely remain far apart in what they think a map should look like.

Cupp said Republicans don’t have a map that’s ready for release. But the last one they approved — and which the court rejected — would have favored Republicans to win 12 of Ohio’s 15 congressional districts, with one of the three Democratic-leaning districts a close toss-up.

Democrats on Tuesday meanwhile introduced their latest congressional map proposal. The map would favor Republicans to win eight seats and Democrats seven, with one of the Democratic-leaning districts a close toss-up. That’s the same partisan breakdown as a map the Democrats proposed in November. But the latest map reduces the number of incumbents living in the same district, from four in the previous version to just one — Republican Reps. Steve Chabot and Brad Wenstrup of Cincinnati — according to a caucus spokeswoman.

“Members on each side of the aisle don’t like something about the maps that have been generally discussed,” Cupp said. “So, it’s pretty clear that there’s not going to be a two-thirds vote [the threshold needed for an emergency clause.] So, we’re going to go where we can get it done so we can have a primary election when it’s scheduled in May.”

Statehouse reporter Laura Hancock contributed to this story

An earlier version of this story contained a pair of incorrect dates for the legal deadline by which new maps must be approved, and for the filing deadline for congressional candidates. It has been corrected.

A map of Ohio congressional districts is displayed during a committee hearing at the Ohio Statehouse in Columbus, Ohio on Nov. 16, 2021. On Monday, Feb. 7, 2022, the Ohio Supreme Court, rejected as gerrymandered a second set of Ohio Statehouse district maps that retained strong Republican majorities and sent them back to a redistricting committee for a third try. On Feb. 10, Ohio Republican state lawmakers said they are scrapping plans to introduce a new congressional map plan, deciding they are unable to get the minimal Democratic support it would require to take effect in time for the May election.(AP Photo/Julie Carr Smyth, File)