Governor Kay Ivey has called the Alabama Legislature back to Montgomery to convene in a special session to focus on congressional and state senate redistricting. This decision comes in response to a U.S. Supreme Court ruling issued last week in Callais v. Louisiana.  States across the country are entering into special sessions to redraw maps in compliance with the Court’s ruling.

The session is expected to last five days, the minimum time required for a bill to become law, and is expected to adjourn on Friday. With only two measures in the call, one affecting congressional districts and one affecting State Senate districts, each measure will begin in separate chambers.

The special session is also taking place just two weeks before the scheduled May 19 primary elections across Alabama, and some legislators facing competitive primaries have expressed frustration about being called to Montgomery rather than campaigning in their districts.

Background:

In its recent decision in Callais v. Louisiana, the U.S. Supreme Court ruled that race should not be used as a determining factor in redistricting, but that party affiliation may be considered. Alabama legislative leaders contend this is the same constitutional standard the Legislature followed when drawing and approving maps in 2021 and 2023.

A federal three-judge panel previously rejected the maps approved by the Alabama Legislature, drew new districts using race as the determining factor, and ordered the court-drawn maps to be used through the 2030 election cycle. Alabama Attorney General Steve Marshall has asked the Supreme Court to take expedited action and direct the lower federal court to reverse its decision based on U.S. Supreme Court ruling in Callais v. Louisiana.  

In anticipation of the case being sent back to the lower court, Gov. Kay Ivey, who initially indicated she would not summon lawmakers to Montgomery but later changed course, called the Legislature into a special session that began yesterday. The purpose of the session is not to draw new maps or create new districts, but to address the current legal status of the previously drawn Alabama maps.

The legislation being considered would automatically readopt the congressional and State Senate maps previously passed by the Legislature and later rejected by the federal court.

It would also require special, runoff-free, winner-take-all primaries to be held in directly affected districts this summer if the Court provides Alabama the relief it has requested. This approach is intended to ensure Alabamians are not voting in congressional and State Senate districts that the Callais decision has largely determined are unconstitutional.

The First and Second Congressional Districts, currently represented by Congressman Shomari Figures (D-Mobile) and Congressman Barry Moore (R-Enterprise), and State Senate Districts 25 and 26, currently held by Sen. Will Barfoot (R-Pike Road) and Sen. Kirk Hatcher (D-Montgomery) are the most likely affected if special primary elections are held.

It is important to note that unless the federal courts quickly send the case back and reverse the rulings requiring use of the court-drawn maps, any action taken by the Legislature during the special session will not affect the upcoming election cycle.