The process of ensuring that the new map is compliant with the Voting Right Act continues, even though Republican lawmakers in Alabama have passed it.

Republicans believe the new map is in compliance with an order from a federal judge to redistribute the congressional districts of the state, while Democrats claim the map doesn’t meet the opinion expressed by a three-judge panel at the federal court to create a majority-minority second district or “something very close to that.”

Blacks make up 27% of the state’s population. Each of Alabama’s seven congressional districts represents 14%.

The Livingston Congressional Plan Three map keeps one district with a majority of minorities and adds a “opportunity” district.

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The Black Voting Age population in District 7 will be 50.65% with this plan. The BVAP of the second-congressional districts increases from 31% up to 39.5%.

Plaintiffs can file their objections to the new map at the federal district courts in Birmingham until the 28th of July. Alabama Attorney General’s Office then files a response one week later.

The Hugo L. Black Federal Court House, in Birmingham, will host a federal court hearing on August 14th to review and hear objections.

They will review the map. “They will look over the map.”

Dees said that these elements would help the court decide if Alabama’s newly drawn congressional map is compliant with the Voting Right Act. A special master may be appointed if it’s not.

“[A specialmaster] is a person who is not elected, or anyone else like that. If the court grants them this authority, they will be the person who draws the maps for us all,” said Dees.

David Hughes, associate professor of Political Science at Auburn University at Montgomery believed a special Master would be required because the new map does not provide enough opportunities for Black voters to elect their choice of candidate in the Second Congressional District.

Hughes explained that “40% Black may have sufficed in a state where there is more crossover voting between whites and blacks. But in South Alabama with its polarized politics, it is likely to need to be at least 50 % Black.” The second district has a highly polarized racial vote. Nearly 80 percent or more whites are likely to vote Republican. It will be very difficult for a Black Democrat in Alabama to win the seat, because they have to outperform their previous performance among white voters.

Hughes stated that the new map would make it easier to win elections, but Republicans would still be in the majority.

Hughes said that if the past voting is an indicator of future results, it will most likely break in favor the Republican candidate. My reading of the situation is that they didn’t give a Black Alabamian candidate a good enough chance to win in the second district.

The Office of Alabama Attorney General Steve Marshall defended the new map.

The new plan of the Legislature complies with Voting Rights by applying fair districting principles, which were approved by the Supreme Court. The Supreme Court has never ruled that Alabama must have two districts with a majority of minorities. The Court clarified that the VRA does not require districts to be drawn that violate traditional redistricting rules. The 2023 plan addresses this concern by uniting Black Belt counties while keeping the Gulf together. We hope that the Plaintiffs will accept the result, which is a fair and compliant map with the VRA.

According to the opinion of the three-judge committee issued in January 20, 2022, a redistricting plan for the congressional districts that would include “either a majority-Black district or a district where Black voters have the opportunity to elect their representative” was an appropriate remedy.

According to the opinion, any plan to remedy the situation will have to include at least two districts where Black voters are a majority of voting age or close to that.

The Supreme Court of the United States confirmed in June 2023 that the map of the state at the time was likely to violate the Voting Right Act.

Dees explains that if a new congressional district map was drawn by a special master, it would not prevent more court cases from being filed as another appeals procedure would be opened. Dees stated that this could lead to the state’s map of congressional districts being sent back to SCOTUS.