Keep Factually independent

Whether you agree or disagree with our analysis, these conversations matter for democracy. We don't take money from political groups - even a $5 donation helps us keep it that way.

Loading...Time left: ...
Loading...Goal: $500

Fact check: What are the exceptions to the census-based redistricting rule in the US?

Checked on August 6, 2025

1. Summary of the results

Based on the analyses provided, there are several key exceptions to the standard census-based redistricting rule in the United States:

Primary Exception: Mid-Cycle Redistricting

The most significant exception is mid-cycle redistricting, which allows states to redraw district maps between the standard 10-year census periods. While redistricting typically occurs once per decade following U.S. Census data release [1] [2] [3] [4], there is no national impediment to states attempting to redraw districts in the middle of the decade for political reasons [5].

Court-Ordered Redistricting

Another established exception occurs in response to court rulings that may require states to redraw their maps outside the normal census cycle [5].

Prisoner Reallocation Policies

Some states have implemented policies to reallocate prisoners and inmates to their home addresses for redistricting purposes, rather than counting them where they are incarcerated, which represents a modification to standard census-based counting [6].

Proposed Exception: Noncitizen Exclusion

Republicans are actively pushing to exclude noncitizens from apportionment counts, despite the 14th Amendment stating that the "whole number of persons in each state" must be included [7].

2. Missing context/alternative viewpoints

The analyses reveal important political motivations behind these exceptions that weren't addressed in the original question:

Political Power Dynamics

Mid-cycle redistricting is typically prompted by changes in legislative power and is often used for partisan advantage [1] [5]. Texas Republicans specifically want to break tradition by redistricting mid-decade for political gain [8], with the potential to pick up 5 House seats [9].

Cascading Political Effects

The analyses show that when one state like Texas pursues mid-cycle redistricting, Democrats in other states like New York and California consider similar actions in response [2]. More than a dozen states could potentially redraw congressional districts before the 2026 midterms [4].

State-Level Variations

While there's no federal prohibition, some states have their own laws that prevent or make mid-cycle redistricting difficult [5], creating a patchwork of different rules across states.

3. Potential misinformation/bias in the original statement

The original question appears neutral and factual in seeking information about exceptions to redistricting rules. However, it lacks important context about:

  • The political motivations driving these exceptions, particularly how they benefit specific parties seeking electoral advantage
  • The rarity and controversial nature of mid-cycle redistricting, which the analyses describe as breaking with tradition [8] [9]
  • The ongoing legal and political battles surrounding these exceptions, including dramatic tactics like Democrats fleeing Texas to prevent redistricting votes [1] [2]

The question's framing as simply asking about "exceptions" doesn't capture the highly partisan and strategic nature of how these exceptions are actually being deployed in practice.

Want to dive deeper?
What are the constitutional grounds for redistricting exceptions in the US?
How do US territories factor into the census-based redistricting rule?
Can states with single congressional districts opt out of redistricting?
What role does the Voting Rights Act play in shaping redistricting exceptions?
How have US Supreme Court decisions impacted census-based redistricting rules?