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1 Yurij Rudensky, A New Jersey Redistricting Fix May Create Future Problems [i] (2020)

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BRENNAN

CENTER

FOR JUSTICE





                 A New   Jersey  Redistricting  Fix  May  Create   Future  Problems

                                          By  Yurij Rudensky

          This November,  New  Jersey voters will consider Public Question 3, a constitutional
          amendment  that would push back redrawing the state's legislative district map by two
          years if the Census Bureau does not deliver the necessary population file by February 15
          of the year after the census. While this fix may be the best option for responding to delays
          caused by the Covid-19 pandemic,1 it could create problems for fair representation in
          New  Jersey down the road.

          Historically, New Jersey has received the population data needed to redraw districts in
          February or March of the year after the census. However, delays in completing the 2020
          Census due to the Covid-19 pandemic mean that this data may not be released until
          summer  2021. Because New  Jersey holds state legislative elections in 2021, such a delay
          would  not leave enough time to redraw the map, allow for a candidate filing process, and
          hold primary and general elections under new districts. This means New Jersey will
          likely have to use its existing map (or a slightly modified one) for the 2021 elections and
          wait until 2023 to put a new one into effect.

          But, while Public Question 3 may create certainty and be an unavoidable necessity to
          address current Covid-19-related redistricting delays, it could also create problems for the
          future. This is because the February 15 deadline for the receipt of redistricting data from
          the Census Bureau would apply not just in 2021 when  delays are expected to be severe
          -  but again in 2031 and each subsequent decade. Moreover, the cutoff it would impose
          for the delivery of data is extremely early. If future data from the Census Bureau is even
          slightly delayed, redistricting would be postponed for a whole two years even if there is
          more  than ample time to draw maps and hold elections.








          1 2020 Census Operational Adjustments Due to COVID-19, accessed October 9, 2020,
          https://2020census.gov/en/news-events/operational-adjustments-covid-19.html

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