DeSantis Calls Special Session on Florida Congressional Redistricting

By Marc Caputo

*Published: 2026-04-24*

Florida's constitution prohibits lawmakers from drawing congressional districts with the intent to favor or disfavor a political party or an incumbent. Gov. Ron DeSantis has called a special legislative session next Tuesday to consider a new map of U.S. House districts drafted by his office.

Why it matters: Partisan control of the U.S. House could be influenced by whether Florida legislators approve the proposed map, as the state holds 28 seats.

DeSantis cited two main reasons for the special session: rapid population growth in Florida and a pending U.S. Supreme Court ruling on Section 2 of the Voting Rights Act, which concerns the creation of minority-opportunity districts. The state has added nearly 2 million residents since the 2020 census, an 8.9% increase, which DeSantis said has left districts malapportioned. "Florida has experienced 10 years' worth of population growth in, like, three years," DeSantis told the Florida Phoenix recently. "Our districts are not fairly apportioned."

Interviews with 14 Florida lawmakers, lawyers and redistricting experts describe DeSantis' approach to redrawing the map outside the regular January legislative session. The process involves his office preparing the maps for quick legislative approval ahead of the Nov. 3 elections.

A key element of potential legal challenges would be proving "intent" to favor a party, as required under the state constitution's Fair Districts amendments, approved by voters in 2010 with about 63% support.

DeSantis' office drafted Florida's congressional maps in a similar manner during a 2022 special session following the decennial census. That process, which also occurred outside public view, was upheld by courts despite challenges alleging violations of the Fair Districts provisions. Florida law permits redistricting outside the decennial cycle when necessary, such as to address population shifts or court orders.

Three legal strategies could affect the timeline of any court challenges to a new map:

1. The Purcell Principle — Derived from a 2006 U.S. Supreme Court case, Purcell v. Gonzalez, this doctrine generally discourages federal courts from altering election rules close to an election to prevent voter confusion. Courts have applied it to redistricting disputes.

2. Apex Doctrine and executive privilege — DeSantis' legal team previously invoked these in the 2022 redistricting litigation. The Apex Doctrine requires plaintiffs to depose lower-level employees before seeking testimony from high-ranking officials, which can extend litigation timelines. Executive privilege was argued to shield communications within the governor's office.

3. Limited public records — Maps drafted by the governor's office, rather than legislators, produce fewer public documents. In 2022, challengers had difficulty accessing records from DeSantis staff. As of Thursday night, some legislators had not yet seen the proposed maps.

Florida's current U.S. House delegation consists of 20 Republicans, seven Democrats and one vacancy. National Republicans have discussed the potential for the state to support additional GOP-leaning seats, though experts note challenges in achieving a 22-6 Republican advantage.

Creating more competitive districts could involve altering Democratic-leaning areas, which might shift voters into adjacent Republican-held districts. "It's yin-and-yang: To make blue seats more purple, you have to make red seats more purple," said one Florida legislative Republican. A Republican consultant involved described the risk: "The enemy gets a vote. And in an environment like this, where independents are breaking hard against us and our people aren't showing up and Democrats are pissed, we could wind up losing a net number of seats."

Ongoing legal challenges to the 2022 maps, including cases before the Florida Supreme Court — where DeSantis has appointed six of the seven justices — could influence outcomes. A Republican election-law attorney who previously worked for DeSantis said any new maps would face scrutiny over partisan intent, adding that the Purcell Principle might not apply as strongly since maps from 2022 already exist from the census process.

Ellen Frieden, who led the 2010 Fair Districts Florida campaign, said, "DeSantis is doing this for partisan purposes and everybody knows it." The attorney echoed that view: "This is about delivering more seats for the Republican Party."

DeSantis' office did not respond to requests for comment. Many state legislators indicated willingness to review and vote on the governor's map quickly. "If we get a map from the governor, we will vote it out and go home," one lawmaker said. "It's his map. We're not getting deposed. His people are."

The proposed redistricting occurs amid broader national discussions on district lines following the 2020 census, with some Republican-led states adjusting maps to reflect population shifts. Florida's effort follows DeSantis' 2022 precedent, when his office submitted maps that lawmakers approved, leading to the current delegation configuration after elections.

Critics, including Democratic activists and some former Republican allies, argue the process prioritizes partisan gains over the Fair Districts standards. Supporters, including DeSantis and aligned lawmakers, emphasize compliance with federal voting rights law and accurate representation based on updated population data.

Redistricting experts note that while mid-decade adjustments are allowed under state law, they often invite litigation. The 2022 maps withstood initial challenges, but appeals continue. A final U.S. Supreme Court decision on Voting Rights Act Section 2 could clarify requirements for minority districts, potentially necessitating changes regardless of partisan considerations.

As the special session approaches, the balance of Florida's delegation — and its impact on House control — remains a focal point. With population growth concentrated in certain areas, any new map would need to ensure equal population across districts while adhering to compactness, contiguity and other constitutional criteria.

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