Most states empower their state legislature to draw new district lines. In 37 states, legislators determine the district lines used for state-level political representation, and in 42 they draw district lines for congressional representation.[*] In most of these states, district maps are passed into law just like any other piece of legislation. They require majority approval from each legislative chamber and approval from the governor.[13]
A handful of states use advisory commissions to help their legislature draw redistricting maps. The recommendations of these commissions are not binding. Some states also designate a public body to redraw district maps if the legislature fails to approve one. In some cases, these backup commissions are convened specifically for redistricting purposes. But other states rely on existing government departments, such as the Secretary of State, Attorney General or State Treasurer.[14]
Seven states use special “politician commissions” to draw district boundaries. These commissions are staffed by elected officials. In some cases, these officials are nominated by other politicians; in other cases, states designate holders of certain political offices to serve on these commissions.[15]
Six states — Alaska, Arizona, California, Idaho, Montana and Washington — use a separate, independent commission to draw district lines. These states restrict the ability of elected officials to participate in creating new district maps and prohibit certain people from serving on these commissions, such as employees of politicians and lobbyists.[16] These commissions are similar to what is being proposed in Proposal 2 and Michigan would join this list of six states if voters approve it.
[*] This tally includes five states that have only one congressional district, so no boundaries actually need to be drawn.