Ohio Republicans pass a new congressional map. Will it pass Ohio Supreme Court scrutiny?

Ohio Republicans approved a new 4-year congressional map Wednesday despite pleas from Democrats to work toward a bipartisan solution.

Now, the Ohio Supreme Court must decide whether the lines violate anti-gerrymandering language in the Ohio Constitution, approved overwhelmingly by voters in 2018. Without maps, Ohioans can't vote on statehouse and congressional races in the May 3rd primary.

The new map would help the GOP hold onto at least 10 of 15 seats – and win as many as 13 in a solid Republican year.

See the GOP map on Dave's Redistricting App, the popular redistricting tool.

Republicans currently comprise 12 of 16 members of Ohio's congressional delegation, but Ohio will lose a seat because its population grew at a slower rate than the nation's over the past decade.

The only seat that would flip from Republican-leaning to Democratic-leaning is the 1st congressional district, currently represented by Rep. Steve Chabot, but the seat is still very competitive.

The new map also threatens Democratic Rep. Marcy Kaptur, the longest-serving woman in the U.S. House of Representatives, with a just-barely Democratic 9th district. She currently represents the infamous "snake on the lake" district, which stretches from Toledo to Cleveland. The new district includes Williams County to Erie County along Lake Erie.

When anti-gerrymandering language applies

In justifying the map, Senate President Matt Huffman, R-Lima, argued that mapmakers no longer need to follow anti-gerrymandering language in the Ohio Constitution that prohibits plans from unduly favoring one party over the other – even though the high court struck down a previous map for that reason.

"The unduly language does not apply," Huffman said, in part, because Ohio is facing an emergency threatening the May 3rd primary. The deadline for congressional candidates to file paperwork to run is Friday.

House Minority Leader Allison Russo, D-Upper Arlington, called Huffman's interpretation "absurd." "That is essentially like me robbing a bank and saying that is my money."

Ohio voters expect anti-gerrymandering language to apply throughout the mapmaking process, said Jen Miller, executive director of the League of Women Voters of Ohio.

“One of the most frustrating parts of this particular hearing was hearing President Huffman oversimplify the words of advocates, including my own testimony about 'no sweetheart deals,' to somehow say that the anti-gerrymandering provisions in the Ohio Constitution don’t apply," she said.

On Wednesday, Democrats on the seven-member Ohio Redistricting Commission proposed changes that would have created a map that favored Republicans, 8-7. That's more in line with Ohioans' voting preferences: about 54% for Republican candidates and 46% for Democratic candidates. But those proposed amendments were rejected along party lines.

Huffman also accused the Democrats of being influenced by outside forces, saying “the process on the other side has largely been controlled by outside groups."

Sen. Vernon Sykes, D-Akron, said "there was no evidence whatsoever" of that, adding “we’ve been cautious not to do that.”

Splitting counties

The Ohio Supreme Court rejected the first map passed by GOP lawmakers and signed by Republican Gov. Mike DeWine. Justice Michael Donnelly, writing for the 4-3 majority, said it was "infused with undue partisan bias." The court pointed to splits in Hamilton, Summit and Cuyahoga counties, in particular, as problems.

Under the new map, Hamilton County is divided once instead of twice. However, the city of Cincinnati, which voted 76.5% for President Joe Biden over former President Donald Trump in 2020, is still linked to Warren County, which voted 64.7% for Trump.

Summit County, split once in the rejected map, is no longer divided. That creates a more Democratic 13th congressional district than the first map crafted. State Rep. Emilia Sykes, D-Akron, is running for that seat.

Cleveland's Cuyahoga County is divided into two congressional districts rather than three in the rejected map.

The Ohio Supreme Court will decide whether the map passes constitutional muster. Unlike in the case of state House and Senate maps, the Ohio Constitution has no explicit prohibition on the court drawing a congressional map or appointing a special master to do so.

What does this mean for the Ohio primary?

Ohio Secretary of State Frank LaRose and Ohio election officials have warned state lawmakers that it's going to be difficult – if not impossible – to pull off a complete primary on May 3.

"We're operating under a really, really challenging timeline here," LaRose said. "We have the best elections officials in the country. If anybody can pull this off, it's them but a lot of things have to fall in place for that to happen on time on May 3rd."

Ballots for Ohioans in the military and overseas must be ready by March 18, for example. LaRose has asked the U.S. Department of Defense to give Ohio more time. His office expects a response by Friday.

Meanwhile, Ohio lawmakers, tasked with setting the primary's date, don't want to move it. Republicans say the change would disrupt Ohio's primary; Democrats argue that's already happened.

“Frankly, I think this position that the May 3rd primary is not going to be moved is just political posturing at this point, anticipating that these maps will be challenged again in court," Russo said. Later in the day, Democrats attempted to move the primary to June 21, but that proposal was rejected on the House floor.

That sets up a collision course with the Ohio Supreme Court, which could order lawmakers to move the date. The alternatives include moving the whole primary to June or later or holding two primaries, a move that could cost the state at least $20 million.

The Ohio Supreme Court is also reviewing state House and Senate maps passed last week to see if they abide by anti-gerrymandering language approved by Ohio voters in 2015.

Jessie Balmert is a reporter for the USA TODAY Network Ohio Bureau, which serves the Akron Beacon Journal, Cincinnati Enquirer, Columbus Dispatch and 18 other affiliated news organizations across Ohio.

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This article originally appeared on The Columbus Dispatch: Ohio redistricting: Commission passes a new congressional map