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Fact check: Can states redistrict in non-census years without violating the US Constitution?

Checked on August 7, 2025

1. Summary of the results

Based on the analyses provided, states can redistrict in non-census years without violating the US Constitution. Multiple sources confirm this constitutional flexibility:

  • The Constitution grants states primary authority over drawing legislative maps, with no explicit prohibition against redistricting in non-census years [1]
  • There is "no national impediment to a state trying to redraw districts in the middle of the decade and to do it for political reasons" [2]
  • "Nothing prevents legislatures from conducting redistricting more often" than every 10 years [3]
  • Mid-decade redistricting is described as "rare, but allowed" [4]

The Supreme Court has significantly strengthened states' redistricting powers, with one source noting that federal courts have no authority to decide whether partisan gerrymandering goes too far [3]. The Constitution "leaves it to states to determine who exactly those members of Congress will represent" [5], with some states assigning this power to legislatures while others use nonpartisan or bipartisan commissions.

2. Missing context/alternative viewpoints

The original question lacks several important contextual elements:

  • Rarity of the practice: While constitutionally permissible, mid-decade redistricting is rarely done [1], making it an exceptional rather than routine occurrence
  • Current real-world example: Texas is actively redrawing its congressional maps in 2025, halfway between the 2020 and 2030 census [5], demonstrating this practice in action
  • Legal challenges and hurdles: While not constitutionally prohibited, mid-decade redistricting can face legal hurdles [6], suggesting practical complications beyond constitutional questions
  • Historical context: The practice of gerrymandering has existed for over 200 years in America [7], indicating this is a long-standing constitutional interpretation
  • Supreme Court precedent: A decade of Supreme Court rulings have given states increasingly unfettered power in redistricting [1], showing recent judicial trends favoring state authority

3. Potential misinformation/bias in the original statement

The original question itself appears neutral and factual, seeking clarification on constitutional law rather than making claims. However, the framing could potentially mislead by:

  • Implying constitutional violation: The question's structure suggests there might be constitutional barriers to non-census year redistricting, when the evidence shows no such constitutional prohibition exists
  • Omitting political motivations: The question doesn't acknowledge that such redistricting is typically done "for political reasons" [2], which is a crucial aspect of why and when states pursue this option
  • Missing the partisan context: The analyses reveal this is fundamentally about political manipulation in legislative map-making [7], but the original question presents it as a purely procedural constitutional matter

The question appears genuinely inquisitive rather than deliberately misleading, but it lacks the political context that makes this issue significant in contemporary American politics.

Want to dive deeper?
What are the US Supreme Court precedents on non-census year redistricting?
Can states redistrict in non-census years due to significant population changes?
How does the Voting Rights Act of 1965 impact non-census year redistricting?
What role does the US Census Bureau play in state redistricting processes?
Have any states successfully redistricted in non-census years without facing legal challenges?