Who is Counted in Redistricting? New Debate Affects 2026 Elections

The debate on who counts for redistricting is heating up, potentially changing how election maps are drawn for the 2026 elections.
By Newsroom | Politics, Elections |

CITIZENRY VERSUS PERSONHOOD: THE NEW REDISTRICTING FRONT

The central conflict in the coming redistricting cycles may not be about drawing lines on maps, but about defining who gets counted when those lines are drawn. For decades, the standard practice has been to count all residents within an area when establishing legislative districts. However, a growing movement, largely championed by Republicans, seeks to shift this basis to eligible voters or citizens alone.

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This shift, while potentially offering partisan advantages, is not guaranteed to dramatically alter power balances in many state legislatures, according to at least one study. The impetus for this change aligns with Republican efforts to exclude noncitizens from census tallies for the purposes of drawing district lines. This aligns with a stated platform principle that "we ought to have apportionment based on equal citizens, not based on equal persons." A 2019 executive order by then-President Trump signaled this direction, advocating for state and local districts to be designed based on the "population of voter-eligible citizens."

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THE BATTLEGROUNDS OF 2026

While the philosophical debate over inclusion or exclusion is brewing, actual redistricting battles are already unfolding across the country, impacting the upcoming 2026 elections.

  • In Texas, a court ruling has blocked the use of a recently drawn congressional map for the 2026 elections, forcing the state to revert to its 2021 map. This judicial intervention highlights the contentious nature of these exercises, with legislative efforts to propose new maps already underway.

  • New York is seeing its independent commission begin the process of redrawing congressional lines following a trial court order.

  • Virginia experienced a judicial prohibition on a planned constitutional amendment related to redistricting, indicating that legal challenges are a frequent consequence of map-making.

  • Beyond these specific instances, the process of redistricting, which typically follows the decennial census, is occurring mid-decade in some instances. This has already ignited partisan skirmishes, with both Democrat- and Republican-led states redrawing maps, and impacting the upcoming 2026 midterm elections.

A DECENNIAL RITUAL, NOW AMIDST TURBULENCE

The mandate to redraw electoral district lines is a constitutional requirement that follows the U.S. Census every ten years. This process is crucial for reapportioning the 435 seats in the U.S. House of Representatives based on population shifts. The political implications of these maps are substantial; during President Trump's first term, Republicans saw a significant loss of House seats following redistricting, contributing to the Democratic majority. The current redistricting cycle, encompassing 2025 and 2026, is shaping up to be particularly fraught with legal and partisan contention.

Frequently Asked Questions

Q: What is the main argument about who should be counted for redistricting?
There is a new debate about whether to count all people living in an area or only eligible voters/citizens when drawing election maps. Some groups want to count only citizens.
Q: Who supports counting only eligible voters or citizens for redistricting?
A growing movement, mainly supported by Republicans, wants to count only eligible voters or citizens. They believe apportionment should be based on citizens, not all people.
Q: How does this debate affect the 2026 elections?
This debate is happening as states like Texas, New York, and Virginia redraw their election maps. Court rulings and legal challenges are already changing how maps are drawn for the 2026 midterms.
Q: What happened in Texas regarding redistricting for the 2026 elections?
A court stopped Texas from using its new congressional map for the 2026 elections. The state must now use its older 2021 map, and new maps are being planned.
Q: Why is redistricting important every ten years?
Redistricting is required by law after the U.S. Census every ten years. It helps to divide the country into districts for the U.S. House of Representatives based on where people live.