Miami Herald (Sunday)

DeSantis broke Florida precedent and maybe the law, too, in making congressio­nal map

New details show that Gov. Ron DeSantis’ office appears to have misled the public and the Legislatur­e and may have violated Florida law in drawing congressio­nal districts.

- BY JOSHUA KAPLAN

This article was originally published by ProPublica, a nonprofit newsroom that investigat­es abuses of power.

Florida Gov. Ron DeSantis was incensed. Late last year, the state’s Republican Legislatur­e had drawn congressio­nal maps that largely kept districts intact, leaving the GOP with only a modest electoral advantage.

DeSantis threw out the Legislatur­e’s work and redrew Florida’s congressio­nal districts, making them far more favorable to Republican­s. The plan was so aggressive that the Republican­controlled Legislatur­e balked and fought DeSantis for months. The governor overruled lawmakers and pushed his map through.

DeSantis’ office has publicly stressed that partisan considerat­ions played no role and that partisan operatives were not involved in the new map.

A ProPublica examinatio­n of how that map was drawn — and who helped decide its new boundaries — reveals a much different origin story. The new details show that the governor’s office appears to have misled the public and the state Legislatur­e and may also have violated Florida law.

DeSantis aides worked behind the scenes with an attorney who serves as the national GOP’s top redistrict­ing lawyer and other consultant­s tied to the national party apparatus, according to records and interviews.

Florida’s Constituti­on was amended in 2010 to prohibit partisan-driven redistrict­ing, a landmark effort in the growing movement to end gerrymande­ring as an inescapabl­e feature of American politics.

Barbara Pariente, a former chief justice of the state Supreme Court who retired in 2019, told ProPublica that DeSantis’ collaborat­ion with people connected to the national GOP would constitute “significan­t evidence of a violation of the constituti­onal amendment.”

“If that evidence was offered in a trial, the fact that DeSantis was getting input from someone working with the Republican Party and who’s also working in other states — that would be very powerful,” said Pariente, who was appointed to the Supreme Court by Democrat Lawton Chiles.

A meeting invite obtained by ProPublica shows that on Jan. 5, top DeSantis aides had a “Florida Redistrict­ing Kick-off Call” with out-of-state operatives. Those outsiders had also been working with states across the country to help the Republican Party create a favorable election map. In the days after the call, the key GOP law firm working for DeSantis logged dozens of hours on the effort, invoices show. The firm has since billed the state more than $450,000 for its work on redistrict­ing.

A week and a half after the call, DeSantis unveiled his new map. No Florida governor had ever pushed their own district lines before. His plan wiped away half of the state’s Black-dominated congressio­nal districts, dramatical­ly curtailing Black voting power in America’s largest swing state.

One of the districts, held by Democrat Al Lawson, had been created by the Florida Supreme Court just seven years before. Stretching along a swath of

North Florida once dominated by

tobacco and cotton plantation­s, it had drawn together Black communitie­s largely populated by the descendant­s of sharecropp­ers and slaves. DeSantis shattered it, breaking the district into four pieces. He then tucked each fragment away in a majority-white, heavily Republican district.

To reconstruc­t DeSantis’ groundbrea­king undertakin­g, ProPublica interviewe­d dozens of consultant­s, legislator­s and political operatives and reviewed thousands of pages of documents obtained through public records requests and from the nonpartisa­n watchdog group American Oversight.

DeSantis’ office did not respond to detailed questions for this story.

“Florida’s Governor fought for a legal map — unlike the gerrymande­red plan the Governor rightly vetoed,” Adam Kincaid, executive director of the National Republican Redistrict­ing Trust, whose top lawyer was hired by DeSantis’ office, said in an email to ProPublica. “If Governor DeSantis retained some of the best redistrict­ing lawyers and experts in the country to advise him then that speaks to the good judgment of the Governor, not some alleged partisan motive.”

Analysts predict that DeSantis’ map will give the GOP four more members of Congress from Florida, the largest gain by either party in any state. If the forecasts hold, Republican­s will win 20 of Florida’s 28 seats in the upcoming midterms — meaning that Republican­s would control more than 70% of the House delegation in a state where Trump won just over half of the vote.

The reverberat­ions of DeSantis’ effort could go beyond Florida in another way. His erasure of Lawson’s seat broke long-held norms and invited racial discrimina­tion lawsuits, experts said. Six political scientists and law professors who study voting rights told ProPublica it’s the first instance they’re aware of where a state so thoroughly dismantled a Black-dominated district. If the governor prevails against suits challengin­g his map, he will have forged a path for Republican­s all over the country to take aim at Black-held districts.

“To the extent that this is successful, it’s going to be replicated in other states. There’s no question,” said Michael Latner, a political science professor at California Polytechni­c State University who studies redistrict­ing. “The repercussi­ons are so broad that it’s kind of terrifying.”

Al Lawson’s district, now wiped away by DeSantis, had been created in response to an earlier episode of surreptiti­ous gerrymande­ring in Florida.

Twelve years ago, Florida became one of the first states to outlaw partisan gerrymande­ring. Through a ballot initiative that passed with 63% of the vote, Florida citizens enshrined the so-called Fair Districts amendment in the state Constituti­on. The amendment prohibited drawing maps with “the intent to favor or disfavor a political party.” It also created new protection­s for minority communitie­s, in a state that’s

17% Black, forming a backstop as the U.S. Supreme Court chipped away at the federal Voting Rights Act.

After the Fair Districts Amendment became law in 2010, state legislator­s promised to conduct what one called “the most transparen­t, open, and interactiv­e redistrict­ing process in America.” Policymake­rs went on tour across the state, hosting public hearings where their constituen­ts could learn about the Legislatur­e’s decision-making and voice their concerns.

The hearings also served a more nefarious purpose, a judge would later rule. They were instrument­al in what state circuit Judge Terry Lewis described as “a conspiracy to influence and manipulate the Legislatur­e into a violation of its constituti­onal duty.”

For months, a team of state-level Republican operatives worked in secret to craft maps that favored the GOP, coordinati­ng with both statehouse leadership and the Republican National Committee. Then they recruited civilians to attend the hearings and submit the maps as their own.

An email detailed the advice the operatives gave their recruits. “Do NOT identify oneself orally or in writing,” it read, “as a part of the Republican party. It is more than OK to represent oneself as just a citizen.”

STATE SUPREME COURT DRAWS A MAP

It took years of litigation for the details of the scheme to come to light. But in 2015, the Florida Supreme Court responded with force. In a series of rulings that ultimately rejected the Republican­s’ efforts, the court laid out the stringent new requiremen­ts under Fair Districts, making clear that partisan “practices that have been acceptable in the past” were now illegal in the state of Florida.

After ruling that the Legislatur­e’s process was unconstitu­tional, the court threw out the Republican­s’ congressio­nal district lines and imposed a map of its own. That is how Lawson’s district came to be.

“It was important,” Pariente, who authored the key opinions, told ProPublica, “to make sure the amendment had teeth and was enforceabl­e.”

In 2021, state legislativ­e leaders were more careful.

The Senate instructed its members to “insulate themselves from partisanfu­nded organizati­ons” and others who might harbor partisan motivation­s, reminding legislator­s that a court could see conversati­ons with outsiders as evidence of unconstitu­tional intent. The Legislatur­e imposed stringent transparen­cy requiremen­ts, like publishing emails that it received from constituen­ts. And it ordered staff to base decisions exclusivel­y on the criteria “adopted by the citizens of Florida.”

The Senate leadership “explained to us at the beginning of the session that because of what happened last cycle, everything had to go through the process,” Sen. Joe Gruters, who is also chairman of the Florida Republican Party, told ProPublica.

In November, the state Senate proposed maps that largely stuck to the status quo. Analysts predicted they would give Republican­s 16 seats in Congress and Democrats 12.

“Were they the fairest maps you could draw? No,” said Ellen Freidin, leader of the anti-gerrymande­ring advocacy group FairDistri­cts Now. “But they weren’t bad Republican gerrymande­rs.”

THAT DIDN’T SIT WELL WITH THE GOVERNOR

DeSantis wasn’t satisfied. “The governor’s office was very pissed off about the map. They thought it was weak,” said a well-connected Florida Republican, who spoke on the condition of anonymity so he could be candid. “They thought it was ridiculous to not even try to make it as advantageo­us as possible.”

In early January, DeSantis’ deputy chief of staff, Alex Kelly, was quietly assigned to oversee a small team that would devise an alternativ­e proposal, according to Kelly’s later testimony.

State employees often spend years preparing for the redistrict­ing process — time that DeSantis did not have. As Kelly and his colleagues set to work, they brought in critical help from the D.C. suburbs: Jason Torchinsky, a Republican election attorney and one of the leading GOP strategist­s for redistrict­ing nationwide.

On Jan. 5, Kelly and two other top DeSantis aides had the redistrict­ing “kick-off call,” according to the meeting invite, which was provided to ProPublica by American Oversight. The invitation included Torchinsky and another guest from out of state: Thomas Bryan, a redistrict­ing specialist.

In an interview with ProPublica, Bryan explained the connection between the national Republican Party and his work with DeSantis. “There’s a core group of attorneys that works with the party and then they work with specific states,” he said. “It’s not a coincidenc­e that I worked on Texas, Florida, Virginia, Kansas, Michigan, Alabama.”

He added that the main lawyer he works with is Torchinsky: “Jason will say, ‘I want you to work on this state.’ ”

A BIG PLAYER IN GOP’S STATE STRATEGY

A top partner at a conservati­ve law firm, Torchinsky has represente­d the RNC, the Republican Party of Florida and many of America’s most influentia­l right-wing groups, such as the Koch network’s Americans for Prosperity.

He also occupies a central role in the Republican Party’s efforts to swing Congress in its favor in 2022. Torchinsky is the general counsel and senior adviser to the National Republican Redistrict­ing Trust, the entity the Republican National Committee helped set up to manage the party’s redistrict­ing operations.

In a statement to ProPublica, Kincaid said that the trust is one of Torchinsky’s many clients and that the lawyer’s work in Florida was separate.

Torchinsky’s involvemen­t in the creation of DeSantis’ map has not been previously reported. His role in the process appears to have been intimate and extensive, though the specifics of his contributi­ons are largely unclear. He spent more than 100 hours working for the DeSantis administra­tion on redistrict­ing, according to invoices sent to the Florida Department of State.

Torchinsky held repeated meetings with DeSantis’ team as the group crafted maps and navigated the ensuing political battles, according to documents obtained by ProPublica. And he brought in other operatives who’d worked around the country in priority states for the national GOP.

PUTTING TOGETHER A REDISTRICT­ING TEAM

A week after the kickoff meeting, Torchinsky scheduled a Zoom call between Kelly, Bryan and a second consultant, Adam Foltz.

Foltz and Bryan arrived in Florida just as they were becoming go-to mapmakers for the GOP. They appeared together in multiple states where the NRRT was directly involved last year, generating controvers­y in their wake.

Foltz and Bryan’s rapid ascension culminated in Florida. On Jan. 14, Torchinsky set up a third call with Foltz and Kelly. Then two days later, DeSantis released his map.

According to Kelly’s subsequent testimony, Foltz drew the map himself.

“I was completely blindsided,” said Rep. Geraldine Thompson, a Democrat on the House redistrict­ing committee. “That is the purview of the Legislatur­e.”

Foltz declined an interview when reached by phone and did not respond to subsequent requests for comment. Kelly and Torchinsky, who went on to defend DeSantis in a lawsuit against the redistrict­ing, did not respond to repeated requests for comment.

The House redistrict­ing subcommitt­ee later brought Kelly in to answer questions about DeSantis’ proposals. Before the deputy chief of staff testified, the Democrats’ ranking member moved to place him under oath. Republican legislator­s blocked the committee from swearing Kelly in.

In his opening statement, Kelly took pains to emphasize that the governor’s office colored within the lines of the Florida Constituti­on.

“I can confirm that I’ve had no discussion­s with any political consultant,” he testified. “No partisan operative. No political party official.”

THERE’S CONTRADICT­ORY EVIDENCE

This appears to have been misleading. By the time he testified, Kelly had been personally invited to at least five calls to discuss redistrict­ing with Torchinsky, Bryan or Foltz, records show.

Kelly mentioned Foltz only briefly in his testimony. Torchinsky and Bryan’s names didn’t come up.

DeSantis holds as much sway in Tallahasse­e as any governor in recent memory. But even after he publicly weighed in with a map of his own, Republican­s in the Legislatur­e didn’t bow down. The state Senate refused to even consider the governor’s version. In late January, it passed its original plan.

On Feb. 11, DeSantis ratcheted up the pressure. He held a press conference reiteratin­g his opposition to Lawson’s district. He vowed to veto any map that left it intact. But he still needed to win over Republican policymake­rs. Again, DeSantis’ top aides turned to Torchinsky.

In February, Torchinsky helped DeSantis’ staff pick out an expert witness to sell the governor’s vision to the Legislatur­e, according to emails provided to ProPublica by American Oversight.

Once the group chose an expert, Torchinsky had a call with him in advance of his appearance.

With a deadline to prepare for the November midterms looming, the Legislatur­e moved toward compromise. In early March, it passed a new bill that was much closer to DeSantis’ version — but still kept a Democratle­aning district with a large Black population in North Florida.

The governor’s attempts at persuasion were over.

POWER OF THE VETO

On March 28, Foltz and Kelly had another call, along with a partner at Torchinsky’s law firm.

The next day, DeSantis vetoed the compromise plan.

Democrats were outraged; many Republican­s were shocked. “A veto of a bill as significan­t as that was definitely surprising,” Gruters, the state senator and chair of the Florida GOP, told ProPublica.

Kelly soon submitted a slightly modified version of Foltz’s map to the Legislatur­e. This time, the Legislatur­e took DeSantis’ proposal and ran with it.

The Legislatur­e had required everyone submitting a map to file a disclosure form listing the “name of every person(s), group(s), or organizati­on (s) you collaborat­ed with.” Kelly left the form blank.

The Legislatur­e voted on party lines and passed DeSantis’ proposal the next day. Anticipati­ng litigation, they also allocated $1 million to defend the map in court.

Before DeSantis even signed the bill into law, a coalition of advocacy groups filed a lawsuit challengin­g the map in state court.

They soon scored a major victory. Circuit Court Judge J. Layne Smith, a DeSantis appointee, imposed a temporary injunction that would keep Lawson’s district intact through the midterm elections.

That victory was shortlived. Torchinsky’s firm quickly filed an appeal on DeSantis’ behalf. Then, in a unanimous decision in late May, the appellate court allowed DeSantis’ map to move ahead.

The broader case is still pending and is expected to eventually be decided by the state Supreme Court. Every justice on Florida’s Supreme Court was appointed by Republican­s. The majority of them were chosen by DeSantis.

‘‘ IF THAT EVIDENCE WAS OFFERED IN A TRIAL, THE FACT THAT DESANTIS WAS GETTING INPUT FROM SOMEONE WORKING WITH THE REPUBLICAN PARTY ... WOULD BE VERY POWERFUL. Barbara Pariente, former Florida Supreme Court chief justice

 ?? NEIL NAKAHODO nnakahodo@kcstar.com ??
NEIL NAKAHODO nnakahodo@kcstar.com
 ?? Miami Herald file photo ?? Florida Gov. Ron DeSantis took the unpreceden­ted step of vetoing the Legislatur­e in favor of his own congressio­nal map during the redistrict­ing process this year.
Miami Herald file photo Florida Gov. Ron DeSantis took the unpreceden­ted step of vetoing the Legislatur­e in favor of his own congressio­nal map during the redistrict­ing process this year.
 ?? Florida Senate ?? Gov. Ron DeSantis submitted a map on April 13 that creates 20 Republican districts in Florida, four more than currently, and eight Democratic districts. The plan also reduces the number of districts held by Black representa­tives from four to two.
Florida Senate Gov. Ron DeSantis submitted a map on April 13 that creates 20 Republican districts in Florida, four more than currently, and eight Democratic districts. The plan also reduces the number of districts held by Black representa­tives from four to two.
 ?? PHELAN M. EBENHACK AP ?? State Sen. Kelli Stargel looks through redistrict­ing maps during a Senate Committee on Reapportio­nment hearing on Jan. 13 in Tallahasse­e.
PHELAN M. EBENHACK AP State Sen. Kelli Stargel looks through redistrict­ing maps during a Senate Committee on Reapportio­nment hearing on Jan. 13 in Tallahasse­e.

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