Republican-Drawn Map for Tennessee’s Senate Seats Violates State Constitution, Judges Rule

Police are seen surrounding the Tennessee State Capitol building in Nashville, Tenn., on June 4, 2020. Jason Kempin/Getty Images

A Republican-drawn map for Tennessee’s Senate seats violates the state Constitution and must be redrawn by the state’s General Assembly, a 2–1 panel on a Tennessee trial court ruled on Nov. 22.

The decision from the three-judge panel was issued in response to a lawsuit filed on behalf of three Democratic voters in February 2022 challenging Tennessee’s new state House and Senate maps which were passed by the Republican-supermajority Legislature in that same year.

The maps were drawn with 2020 census data.

While the court sided with the state with regard to the House maps, it agreed with the plaintiffs that the Senate map was unconstitutional.

In their lawsuit, the voters argued the district boundaries were unconstitutional and drawn up while ignoring the Tennessee Constitution’s provision on consecutive numbering.

“Over the course of approximately two weeks in January 2022, the Tennessee General Assembly engaged in an unprecedented reapportionment of voters, redrawing state House and Senate maps to ensure maximum partisan advantage for the incumbent Republican supermajority,” the lawsuit states.

“Redistricting decisions were made largely out of view of the public and largely without input from representatives of the minority party. These one-sided decisions denied voters any real opportunity to participate in – much less stop – fundamental changes to the process through which Tennessee voters choose their elected representatives,” it continued.

Issues With Elections

The Tennessee Constitution states that “in a county having more than one senatorial district, the districts shall be numbered consecutively.”

However, the newly redrawn Senate map adopted by lawmakers creates four senatorial districts within Davidson County, including three districts that are entirely within Davidson County and a fourth district that includes a portion of Davidson County along with all of Wilson County, according to the lawsuit.

“The General Assembly numbered these districts 17, 19, 20, and 21, ensuring that three districts will be on the ballot during gubernatorial elections and just one district will be on the ballot during presidential elections,” the lawsuit stated.

The numbering of the districts is important because the four-year Senate terms are staggered, meaning some districts are placed on the ballot in presidential election years, and others in gubernatorial election cycles.

Currently, districts 17, 19, 20, and 21 are represented by three Democrats and one Republican. There are 27 Republicans and six Democrats in the state Senate.

The Legislature’s new map meant elections for three of Davidson County’s Senate districts would be held during the same year as the gubernatorial race, while the remaining Senate district would hold its election in a presidential election year, plaintiffs in the lawsuit contended.

A sign reminds voters they need photo ID to vote at polling station in Nashville, Tenn., on Nov. 6, 2018. Drew Angerer/Getty Images

New Map Must Be Adopted

In its ruling on Wednesday, the judicial panel sided with the state on a newly redrawn House map, with two of the three judges ruling it met constitutional requirements.

However, they agreed with voters that the state Senate districts are not consecutively numbered and thus the Senate map is unconstitutional.

As a result, the General Assembly must immediately address the Senate maps when they return to session on Jan. 9.

The Legislature must adopt a new map “that complies with the state constitutional requirement that the Senate districts be consecutively numbered” by Jan. 31, the three-judge panel wrote.

Following the ruling, Senate Minority Leader Sen. Raumesh Akbari and Minority Caucus Chair Sen. London Lamar, both Democrats, called the ruling a “clear win for the Tennessee Constitution,” in a joint statement.

“Even when a political party has a supermajority in the legislature, its members must still follow the law,” the statement read. “In the days ahead, Senate Democrats will once again be advocating for a fair map and transparent process that keeps communities whole and reflects who we are as a state.”

Meanwhile, Republican leaders suggested they may challenge the ruling.

“Senate leadership is reviewing the decision and evaluating next steps,” Lt. Gov. Randy McNally said in a statement. “Based on the thorough and compelling dissent from Judge [Steven] Maroney, I personally believe an appeal is a very viable option.”

A spokesperson for Attorney General Jonathan Skrmetti also said his office was reviewing the ruling.

The Associated Press contributed to this report.