Lawsuit challenges DeSantis' authority to call special redistricting session

The National Redistricting Foundation says the Florida governor lacks the power to force the legislature to redraw congressional maps mid-decade.

Feb. 5, 2026 at 7:31pm

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A lawsuit filed with the Florida Supreme Court argues that Gov. Ron DeSantis does not have the authority to call a special legislative session to redraw the state's congressional districts in the middle of the decade. The lawsuit, supported by the National Redistricting Foundation, claims DeSantis' proclamation violates the separation of powers doctrine in the state constitution, which gives the legislature the power to handle redistricting.

Why it matters

The outcome of this lawsuit could have major political implications, as the redrawn congressional maps in Florida could shift the balance of power in the U.S. House of Representatives. Currently, 20 of Florida's 28 congressional seats are held by Republicans, and DeSantis' effort to redraw the districts mid-decade is seen as an attempt to further strengthen the GOP's position.

The details

The lawsuit argues that the 2010 'Fair Districts' amendment to the Florida constitution prohibits gerrymandering and gives the legislature, not the governor, the authority to handle redistricting. It asks the state Supreme Court to either force DeSantis to prove he has the power to call a special session or declare his redistricting proclamation unenforceable.

  • DeSantis issued the proclamation calling for a special legislative session in April 2026 to redraw congressional districts.
  • The lawsuit was filed with the Florida Supreme Court on February 6, 2026.

The players

Ron DeSantis

The Republican governor of Florida who issued the proclamation calling for a special legislative session to redraw congressional districts.

National Redistricting Foundation

A voting rights group that is supporting the lawsuit challenging DeSantis' authority to call the special session.

Cord Byrd

The Florida Secretary of State who issued a directive to county election supervisors to implement rules used only in years when Florida districts are redrawn.

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What’s next

The Florida Supreme Court will decide whether to grant the lawsuit's request to force DeSantis to prove he has the authority to call the special session or to declare his redistricting proclamation unenforceable.

The takeaway

This lawsuit highlights the ongoing partisan battle over redistricting in Florida and the broader implications it could have on the balance of power in Congress. The outcome will test the limits of the governor's authority and the state's constitutional provisions around gerrymandering.