Fair Maps Checklist

Legislative Map Checklist Congressional Map Checklist

Compliance with the Federal Compliance with the Federal

Voting Rights Act Voting Rights Act

Meet the One Person One Vote Meet the One Person One Vote
Principle Principle

Compact Compact

Contiguity Contiguity

Preserve Communities of Interest Preserve Communities of Interest

Preserve Political Subdivisions Preserve Political Subdivisions

No more than 35 Alabama Senate Must feature 7 districts

Districts

No fewer than 67 Alabama House

Districts and No more than 106
Alabama House District

Background Information:
The coalition of organizations co-sponsoring tonight’s event also want to emphasize that in
addition to observing the standards outlined above, at a minimum, voting district maps must
meet the following standards. These standards are also outlined in the Alabama Legislative
Reapportionment Committee’s guidelines. Our coalition agrees that where these standards are
in conflict with each other, it is necessary to prioritize commitment to compliance with the U.S.
Constitution and the federal Voting Rights Act (VRA).

Applicable to Congressional and Legislative Maps

Compliance with the Federal Voting Rights Act
● Section 2 prohibits voting practices that have a racially discriminatory intent or
discriminatory results.
● Section 2 requires the consideration of a range of factors including race to ensure that
non-white voters have an equal opportunity to participate in the political process and
elect candidates of their choice.1

1
52 U.S.C. § 10101.
https://uscode.house.gov/view.xhtml?req=(title:52%20section:10101%20edition:prelim)
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● The Alabama Legislative Reapportionment Committee states that “a redistricting plan
shall have neither the purpose nor the effect of diluting minority voting strength and shall
comply with Section 2 of the Voting Rights Act and the United States Constitution.” 2

Applicable to Legislative Maps

Meet the One Person One Vote (OPOV) Principle
● Legislative and local districts must each contain approximately equal population size to
ensure that everyone has equal representation and political power. 3
● Take the total population4 in the state and divide it by the number of seats on the body
being redistricted. That number is the “ideal” population of each district.
● If you calculate the total variance between each of your districts and the ideal, your total
variance shouldn’t be greater than 5%.5 Though some states allow for up to 10%
variance, Alabama’s Legislative Apportionment Committee has set the standard at 5%.

Applicable to Congressional Maps

Meet the One Person One Vote (OPOV) Principle
● Congressional districts must contain populations that are “as nearly as equal as is
practicable.6
● This standard is more strict than the legislative standard. If states deviate from
mathematical equality, they are expected to (1) have a compelling state interest they
believe justifies this deviation and (2) be able to show that their map is the least
burdensome option for addressing this interest.7

As noted in the chart above, traditional principles of redistricting have also been embraced
by the Apportionment Committee, and help provide parameters we can use when assessing
maps. However, when attempts to adhere to these principles conflict with the requirements of
the Voting Rights Act or the One Person One Vote rule, then the VRA and OPOV take
precedence.

2
Reapportionment Committee Guidelines, May 5, 2021. Available here.
3
Reynold v. Sims, 377 U.S. 533, 558 (1964). “Power of Line(s): Making Redistricting Work for Us.” LDF,
MALDEF, Asian Americans Advancing Justice. https://www.naacpldf.org/our-thinking/issue-
report/political-participation/power-on-the-lines-making-redistricting-work-for-us/
4
The Supreme Court held unanimously in Evenwel v. Abbott that states are allowed to base their voting
district maps on total population. This was a decision that was greeted favorably by leading civil rights
advocates. See LDF's response here. In its Guidelines document, the State of Alabama's Legislative
Apportionment Committee repeatedly refers to total population in its “Population” and “Criteria for
Redistricting” sections.However, the Committee does briefly mention that the Legislature can consider
voting age population when seeking to comply with the Voting Rights Act. Section II(i)(ii) of the document
states: "Districts shall be drawn on the basis of total population, except that voting age population may be
considered, as necessary to comply with Section 2 of the Voting Rights Act or other federal or state law.”
5
Reapportionment Committee Guidelines, May 5, 2021. Available here.
6
“The Apportionment Clause of Article I, Section 2, of the U.S. Constitution requires that all districts be as
nearly equal in population as practicable.” here. See also Wesberry v. Sanders, 376 U.S. 1, 7–8 (1964).
7
See Karcher v. Daggett, 462 U.S. 725, 730-32 (1983). “Power of Line(s): Making Redistricting Work for
Us.” here.
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Compactness
Compactness may refer to the appearance of a district or the geographic concentration
of a district around its center e.g., whether residents live reasonably close to the center
of the district.8 Compactness can be assessed through the use of visual and statistical
tests, as well as testimony of community members.9
Contiguity
A geographically contiguous district is one in which all parts of the district are physically
connected to each other.10 The Alabama Legislative Apportionment Committee allows
for contiguity by water but prohibits point-to-point contiguity and long-lasso contiguity.

Communities of Interest Preservation

A neighborhood, community, or group of people who would benefit from being
maintained in a single district because of shared interests, views, policy concerns, or
characteristics.11 Additionally, the Alabama Legislative Apportionment Committee
recognizes communities of interest to also refer to political subdivisions such as
counties, voting precincts, municipalities, tribal lands and reservations, or school
districts.12

8
“The Redistricting Game - Glossary.” USC Annenberg Center.
http://www.redistrictinggame.org/glossary.php
9
“Power of Line(s): Making Redistricting Work for Us.” here.
10
“Power of Line(s): Making Redistricting Work for Us.” LDF, MALDEF, Asian Americans Advancing
Justice. https://www.naacpldf.org/our-thinking/issue-report/political-participation/power-on-the-lines-
making-redistricting-work-for-us/
11
“Power of Line(s): Making Redistricting Work for Us.” here.
12
Reapportionment Committee Guidelines, May 5, 2021. Available here.
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The National Conference of State Legislatures provides a helpful chart of criteria that states
must observe when building congressional and legislative maps.13 View the Alabama portion of
this chart below.

Legislative or Criteria Citation

Congressional

Legislative Required: Compact, Alabama Constitution Article IX,

Contiguous, Preserve §§ 198-200. Available here.
Political Subdivisions,
Preserve Communities of Reapportionment Committee
Interest; No more than 35 Guidelines, May 5, 2021.
Alabama Senate Districts; No Available here.
fewer than 67 Alabama
House Districts and no more
than 106 Alabama House
Districts
Allowed: Avoid Pairing
Incumbents

Congressional Required: Compact,

Contiguous, Preserve
Political Subdivisions,
Preserve Communities of
Interest
Allowed: Protection of
Incumbents

13
National Conference of State Legislatures. “Redistricting Criteria.”July 16, 2021.
https://www.ncsl.org/research/redistricting/redistricting-criteria.aspx