(CN) — A joint legislative committee in Alabama convened a public hearing on Tuesday to begin the process of redrawing its congressional maps to comply with federal court orders.
It's a process that will likely be repeated in other southern states after the U.S. Supreme Court affirmed key election protections.
In a 5-4 decision this month, the court determined that Alabama’s 2021 congressional maps violated Section 2 of the Voting Rights Act by allowing just one of its seven congressional districts to include a Black majority. The maps effectively gave Black Alabama voters say over one-seventh of state congressional districts, even though Black people represent nearly two-sevenths of the state's population.
Lawmakers are now charged with endorsing a new map by July 21, which must be approved by a panel of federal judges prior to August 14 in order to be effective for the primary election scheduled in March 2024. Just before Tuesday’s public hearing, Governor Kay Ivey announced a special session of the Alabama Legislature would begin July 17.
Still, in spite of clear direction from the courts and remedial maps already in the public record, Tuesday’s testimony indicated the process will remain contentious. At the offset, Black lawmakers sought to nominate one of their own as co-chairs of the committee.
Those efforts were rebuffed as the Republican majority instead approved two of their own: Chris Pringle, a state representative from Mobile, and Steve Livingston, a state senator from Scottsboro. Both are white.
Most likely to change are congressional districts in the middle and lower two-thirds of the state, which contain the largest concentration of majority Black communities.
The existing (and now illegal) map created a single Black-majority district, District 7, by carving up portions of Jefferson, Tuscaloosa and Montgomery counties. Some proposed maps keep counties intact but may divide “communities of interest,” such as the Gulf Coast, which courts also generally prefer to keep together.
District 1, a coastal district currently represented by Republican U.S. Representative Jerry Carl, may be split into separate districts following map changes. It's largest city is Mobile, which may be represented by two different congressional representatives under a revised map.
The state’s 2021 congressional map was initially rejected by a three-judge panel from the Northern District of Alabama, which noted noted that Black Alabamans "enjoy virtually zero success in statewide elections."
"Political campaigns in Alabama have been characterized by overt and subtle race racial appeals, and "Alabama's extensive history of repugnant racial and voter-related discrimination is undeniable and well documented,” the judges added. The Supreme Court agreed with these criticisms, ultimately invalidating the map.
Prior to Tuesday's hearing, the plaintiffs in the court case delivered a joint letter to the committee requesting that any new plan contain at least two districts where Black residents comprise a voting-age majority “or something close to it.” The letter suggested the plaintiffs’ plan would leave more than 80% of the existing map intact.
“The map we're presenting to this body is one that features two opportunity districts and addresses other issues with [the existing map], particularly in regards to cracking the Black vote,” Evan Milligan, the namesake plaintiff in that case, said. “The map we're producing actually keeps whole 18 counties that form the core of the Black Belt. We feel this is a map that keeps Alabama on the right side of the Voting Rights Act.”
Still, in a sign of ongoing division, Joe Reed, the influential chair of the Democratic Party of Alabama’s Minority Affairs Committee, said he did not support the new map.
Reed is a controversial figure among Alabama Democrats, many of whom consider him out of touch and ineffective after he dismantled diversity committees in his own caucus. Critics also note the Alabama Democratic Party has failed to capitalize on Democratic gains at the national level.
“My goal is to get two majority Black safe districts,” Reed said, noting the plaintiffs’ proposed maps do not account for inmates who are eligible to vote. Besides, he argued, a simple 51% majority of Black residents in a district cannot be depended upon to elect Black representatives.
“We're going to advance a plan that gives us a little more help than these other plans do," Reed said. "Unless we have a majority voting-age population — a sizable one — we will have nothing.”
Reed suggested some splitting of counties and communities of interest would be necessary to create a truly equitable plan. So far, he said, no plan had done enough to ensure there would be two majority Black districts.
In a twist of irony, any plan considered by the legislature will likely affect the district of U.S. Representative Terri Sewell, the state’s lone Black and Democratic member of Congress.
During a virtual press conference last week, Sewell acknowledged her district may became more competitive.
“I believe an opportunity district is a district that is at least 50% African-American voting age, and that’s one of the biggest things that I've been looking for,” Sewell said. “Obviously, I know that my district will be carved up in order to make that happen."
Sewell seemed okay with that reality. "African-Americans in Alabama have waited a very long time to have fairly drawn maps, [and] we're excited about this opportunity," she said. "We must be engaged in order to make sure these maps are truly fair and representative of the state of Alabama."
Members of the public or organizations are welcome to submit their own comments or maps before 5 p.m. on July 7 by emailing [email protected].
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