Carson Judge Rejects Ballot Measures for Independent Redistricting Commission

Carson City judge has ruled against two proposed ballot questions to establish an independent redistricting commission in Nevada.

Senior Judge Robert Estes sided with the plaintiffs, represented by Bravo Schrager and Elias Law Group, both Democrat-aligned firms. Estes concurred with their argument that the proposed petitions would violate the Nevada Constitution by imposing an unfunded mandate.

The petitions, which were identical except for the timing of redistricting, were contested because they would create a new state entity, an independent redistricting commission, without providing the necessary funding for its operations. The ruling preserves the Legislature’s control over the redistricting process, a power utilized by Democratic lawmakers in 2021 to reinforce their structural advantages in state legislative and congressional elections.

Fair Maps Nevada, the organization championing the petitions, has advocated for an independent redistricting commission for several years. Despite previous attempts in 2020 and 2022, they continue working to get the measures onto the ballot.

Sondra Cosgrove, a professor at the College of Southern Nevada involved in the initiative, expressed disagreement with the ruling, particularly regarding the petition’s attempt to establish the commission for the 2031 redistricting cycle. Cosgrove argues that funds already exist for the Legisture’s process could be used to support the proposed commission.

The next step for Fair Maps Nevada is uncertain, with Cosgrove indicating that the organization had not yet decided whether to appeal the rulings. The possibility of revising the petitions to include funding for the commission raises additional challenges, such as potential violations of the single-subject rule for ballot initiatives.

Supporters of an independent redistricting commission have argued that it would mitigate partisan biases in redistricting, addressing gerrymandering practices that favor one party over another. Nevada’s electoral maps, redrawn during 2021 under Democratic control, have faced criticism for maximizing Democratic advantages in legislative races.

Historically, redistricting disputes in Nevada are about divided government control. Past conflicts, such as those in 2011 and 2001, involved disagreements between the governor and the Legislature, resulting in special sessions or judicial intervention to finalize new maps.