redistricting

Redistricting is the process of redrawing the boundaries of electoral districts. Typically, the process of redistricting occurs every 10 years as new census data becomes available, but it varies by local laws. The political party in power is usually responsible for drawing up the revised electoral districts, but some states have independent bodies that draw districts based on demographic information to maximize representation. Gerrymandering is the process of creating unrepresentative districts that favor the political party that created the districts over the people needing representation.

In 1962, the Supreme Court found in Baker v. Carr, 369 U.S. 186, that challenges to electoral districting are not a nonjusticiable political question, but are instead a matter the courts can resolve; opening the door to legal challenges to redistricting. The Court later clarified that this finding applied only to racial gerrymandering, and not partisan gerrymandering. See: Shaw v. Reno, 509 U.S. 630 (1993) and Rucho v. Common Cause, 588 U.S. 684 (2019). 

One safeguard in the redistricting process is the protection afforded by Section 2 of the Voting Rights Act, which protects against vote dilution. Vote dilution is when, during the redistricting process, a district is created that does not allow a minority voting bloc the opportunity to elect a candidate of their choice.

For additional information, see the CRS report on The Voting Rights Act of 1965 at 60 Years: Key Supreme Court Decisions Shaping the Law Today, and the U.S. Constitution Annotated, Amendment 14, Section 1.8.6.6 Racial Vote Dilution and Racial Gerrymandering.

[Last reviewed in May of 2026 by the Wex Definitions Team]

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