Frequently Asked Questions
Q: What is redistricting?
A: The goal of redistricting is to rebalance the population between commission districts so that no Commissioner is representing substantially more individual citizens than the other Commissioners.
Q: What is mid-decennial redistricting?
A: Mid-decennial redistricting is the process of redrawing electoral district boundaries between the regular redistricting cycles, which typically occur after the U.S. Census every ten years.
Q: Why is Orange County conducting a mid-decennial redistricting?
A: During the November 5, 2024 general election, voters approved Charter Amendment 6 which increased the number of county commission districts in Orange County from six to eight, thereby creating a nine-member County Commission consisting of eight Commissioners and the County Mayor.
Q: Why should average citizens care about redistricting?
A: Though the County is committed to following the laws and fundamental principles during its redistricting process, the average citizen is the most informed to the unique character and concerns of their community and how a shift in commission district boundaries may impact them. “Cracking,” “packing,” and “gerrymandering” are all words used in redistricting to describe how map lines can decrease the political voice of particular communities while artificially raising the influence of others. Participation in the redistricting process by average citizens will assist the County in meeting its goal of adopting adjusted boundaries that are fair and equitable for all.
Q: What are redistricting principles?
A: The most important principle in redistricting is ensuring that the populations between the County’s commission districts areas nearly equal as practicable. There are then additional redistricting principles and criteria that the County must balance, some having more legal weight than others. Ultimately, the County needs to develop and adopt a revised county commission district map that properly considers and prioritizes the principles and criteria provided and permitted by law.
Q: What are the redistricting criteria?
A: There are three main redistricting criteria: Equal Population, Federal Anti-Discrimination Law, and consideration of the “Traditional Redistricting Principles.”
Q: What do the Equal Population criteria entail?
A: Equal population is the most important of the redistricting criteria and is based on the constitutional concept of “One Person, One Vote” derived by the U.S. Supreme Court from the Equal Protection Clause of the U.S. Constitution. Also, pursuant to Florida law and the County Charter, districts must be divided so they are contiguous and as nearly equal in population as practicable.
Because equal population favors districts that are as nearly equal in population as practicable, the ideal district population is the total population of Orange County divided by 8 commission districts. After calculating the ideal district population, the “relative deviation” of each district can be calculated by dividing the population of the district by the ideal district population.
According to U.S. Supreme Court case law, a redistricting plan presumptively meets the “One Person, One Vote” mandate so long as the “maximum deviation” does not exceed 10%. The maximum deviation is calculated by adding the absolute values of the relative deviations of both the highest and the lowest populated districts.
Q: What does the Anti-Discrimination criteria entail?
A: This criteria comes from both the Equal Protection Clause of the U.S. Constitution and Section 2 of the Voting Rights Act. In sum, the County is prohibited from using race as a predominate factor when drawing its district lines unless it has a strong basis of evidence that Section 2 of the Voting Rights Act demands it.
Section 2 of the Voting Rights Act prohibits the County from denying or abridging the right to vote on account of an individual’s race, color, or status as a member of a language minority group. “Language minority group” is defined by Congress to specifically mean persons who are American Indian, Asian American, Alaskan Natives, or of Spanish heritage.
A voting practice or procedure violates Section 2 of the Voting Rights Act if, based on the “totality of the circumstances”, it provides a minority population with less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.
The Courts go through a three-factor test and several other considerations in order to determine whether a plaintiff could make a successful claim that a government’s district boundaries violate Section 2 of the Voting Rights Act occurred. The three-factor test asks:
- Whether the minority population is sufficiently large and geographically compact enough to constitute a majority in a reasonably configured district;
- Whether the minority population is politically cohesive; and
- Whether the white majority votes sufficiently as a block to usually defeat the minority population’s preferred candidate.
Q: What are the Traditional Redistricting Principles?
A: The traditional redistricting principles include the following:
- Compactness
- Contiguity
- Preservation of Municipal Boundaries
- Preservation of Cores of Prior Districts
- Maintaining Communities of Interest
- General protection of Incumbents
Q: Why are legal redistricting complaints typically filed?
A: Legal complaints are filed for the following reasons:
- Unequal representation
- Lack of compliance with Federal Anti-Discrimination Law
- Perceived gerrymandering
- Dividing of neighborhoods or communities of interest
Q: Who may file a complaint?
A: Any resident in the challenged district, any non-resident who can prove the adopted mid-decennial redistricting map causes them irreparable injury, and the U.S. Department of Justice all have legal standing to file a complaint against the County regarding the results of its redistricting process.
Q: What did Orange County do in 2021 as part of the redistricting process?
A: Orange County established an advisory committee to analyze and review data. The committee met from September 2021 to December 2021 in various locations within Orange County. The Committee held a public hearing on December 13, 2021 where it voted to recommend two proposed maps for consideration and adoption by the Board of County Commissioners.
Q: What is Orange County planning for the 2025 redistricting process?
A: Orange County has already formed a Mid-Decennial Redistricting Project Team, which consists of personnel from the Neighborhood Services Division, Community and Family Services, County Attorney’s Office, Fiscal and Operational Support Division (PEDS), Communications Division, and the Supervisor of Elections Office. The County has also put together a Mid-Decennial Redistricting Advisory Committee (“MRAC”) for Redistricting. ) The County has engaged the services of a consultant to assist MRAC with reviewing the decennial census data from 2021, and to assist with the software to be utilized by the Committee and members of the public for map development that complies with the redistricting criteria. The MRAC will then recommend maps reflecting 8 proposed commission district boundaries to the Board of County Commissioners for their consideration and eventual adoption.
Q: What about community input and public engagement?
A: Orange County has placed a high priority on community input and public engagement. Citizens can expect to be able to participate in public meetings regarding mid-decennial redistricting and to also have access to a webtool that permits them to try creating 8 commission district boundaries themselves.
Q: What is Orange County’s schedule for the 2025 mid-decennial redistricting process?
A: Section 202(B) of the Orange County Charter requires the Board of County Commissioners to adopt a redistricting plan redistricting the County into 8 districts by November 1, 2025. Beginning on March 6, 2025, the Committee will meet weekly to recommend map proposals for consideration by the Board of County Commissioners.
Q: What will the MRAC’s meeting schedule look like?
A: Presently, the County is anticipating that the MRAC will have a total of 17 meetings, with the first two meetings held at the Orange County Administration Building. One meeting will be held in each of the 6 commission districts, at least ten meetings will be held to discuss map proposals, and one public hearing to vote on which redistricting map(s) the MRAC will recommend to the Board of County Commissioners for their consideration and eventual adoption. This will be followed by a Board of County Commissioners work session and a public hearing where the Board of County Commissioners will review the MRAC’s recommended redistricting map(s) and vote to adopt a redistricting map that best meets the redistricting criteria and serves the best interests. In compliance with Florida’s Sunshine laws, all meeting notices, agendas and minutes will be open and available to the public. For further information, please email Redistricting@ocfl.net, or call (407) 836-5606.
Q: How will mid-decennial redistricting affect potential candidates who are planning to run in 2026?
A: In accordance with Florida law, a candidate for county office must qualify no later than noon on June 12, 2026. The Board of County Commissioners must adopt its new redistricting plan by November 1, 2025. Therefore, a candidate for office will be afforded sufficient opportunity to begin the process of campaigning in their respective district.
Q: How does mid-decennial redistricting impact incumbent commissioners?
A: Section 202(A) of the Orange County Charter permits incumbent commissioners to remain in office until the normal expiration of their term.