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Fact check: Which states allow re-districting outside of census years?

Checked on August 28, 2025

1. Summary of the results

Based on the analyses provided, multiple states allow redistricting outside of census years, though the practice has been relatively rare historically. The sources identify several key states with this capability:

States that have conducted or are considering mid-decade redistricting include:

  • Texas - conducted voluntary redistricting in 2003 for partisan advantage [1] and is currently considering additional redistricting [2] [3]
  • California - where Governor Gavin Newsom is working to overturn the state's ban on mid-decade redistricting [4] [2]
  • Georgia - conducted voluntary redistricting in 2005 [1]
  • Ohio - is required by law to redraw congressional district boundaries and is revisiting redistricting ahead of 2026 elections [5] [6]
  • New York, Illinois, Maryland, Florida, Indiana, and Missouri - all identified as states where parties could potentially redraw congressional maps [2] [3]

Court-ordered redistricting has also occurred in states like North Carolina, California, New York, Ohio, and Utah, even when voluntary mid-decade redistricting wasn't pursued [1].

2. Missing context/alternative viewpoints

The original question lacks several important contextual elements:

Historical rarity vs. current surge: While only Texas and Georgia voluntarily conducted mid-decade redistricting between 2003-2005 [1], there is currently an unprecedented "redistricting arms race" with multiple states simultaneously considering such moves [2] [3].

Partisan motivations and beneficiaries: The analyses reveal that Republicans have more opportunities to gerrymander House districts than Democrats [2]. Republican leaders, including President Trump, are actively involved in promoting redistricting efforts in states like Texas, Florida, and Ohio, while Democrats are exploring options in California, Illinois, and New York [3].

Legal and constitutional barriers: The question doesn't address that some states have legal prohibitions against mid-decade redistricting. For example, California currently has a ban that Governor Newsom is trying to overturn [4], and Rep. Kevin Kiley plans to introduce federal legislation to prohibit mid-decade redistricting nationwide [4].

Court intervention factor: Many redistricting efforts outside census years result from court orders rather than voluntary political decisions [1], representing a different category of redistricting authority.

3. Potential misinformation/bias in the original statement

The original question appears neutral and factual, seeking information rather than making claims. However, it oversimplifies a complex political landscape by not acknowledging the distinction between:

  • States that legally can redistrict vs. those actively pursuing redistricting
  • Voluntary political redistricting vs. court-mandated redistricting
  • The current unprecedented political moment where multiple states are simultaneously considering redistricting for partisan advantage

The question also fails to capture the intense partisan nature of current redistricting efforts, where both parties are strategically targeting states where they can gain electoral advantages [3] [6]. This omission could lead to an incomplete understanding of why this question is particularly relevant in the current political climate.

Want to dive deeper?
What are the constitutional requirements for re-districting in the US?
How does the US Census Bureau impact re-districting decisions?
Which states have implemented independent re-districting commissions?
Can states re-district for local elections outside of census years?
What role does the Voting Rights Act play in re-districting outside census years?