NJ Voters OK Delayed Redistricting Amid Virus Disruption

By Jeannie O'Sullivan
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Law360 (November 3, 2020, 11:42 PM EST ) New Jersey voters on Tuesday approved a proposal to delay legislative redistricting if the state's 2020 census figures aren't finalized by Feb. 15, a measure spurred by the COVID-19 pandemic's interference with census data collection and processing.

As of late Tuesday evening, with roughly 60% of the votes in, the ballot question received 59.53% support. With the goal of giving the New Jersey Apportionment Commission more time to create a map reflecting population shifts and growth since the 2010 census, the measure keeps the current legislative map in place for the next two years. A new map won't be used until the 2023 election cycle.

New Jersey has 21 counties represented by 40 legislative districts that must contain an equal number of constituents, making redistricting necessary after every census to reflect new clusters of population growth or shifts.

Supporters of the delay say it would prevent a rushed process that would disrupt the election process, with candidates scrambling to collect petition signatures and raise money in newly reconfigured districts.

Bill sponsor Assemblyman John McKeon, D-Essex, hailed the measure's passage on Wednesday.

"Now that the people of New Jersey have spoken, the need for an accurate Census count is enshrined in our Constitution,"  McKeon said in a joint statement with fellow Assembly Democrats Angelica Jimenez, Benjie Wimberly, Yvonne Lopez and Britnee Timberlake.

"We now must stand together in a bipartisan manner to demand a complete and accurate count to make certain the new districts when drawn will accurately reflect our population," McKeon said. "An accurate Census will ensure we don't lose congressional representation and hundreds of millions in federal aid over the next decade. In the future, I'm committed to working collaboratively to reform the entirety of the redistricting process in our state."

Opponents of the measure said it denies the state's growing minority population fair representation for the next two years, and comes amid racial tensions sparked by pushback to Trump administration immigration policies and fatal police shootings of Black men and women. They also took issue with the fact that the measure proposes a permanent constitutional amendment that would cement the Feb. 15 date for future censuses.

U.S. Census Bureau data shows that the Garden State's overall population, which now hovers at nearly 9 million, has jumped by 90,296 people since 2010. The Latino and Asian populations have each increased in New Jersey by about 20% over the past decade, according to Princeton Election Consortium figures.

According to Princeton data, Hispanic growth has been concentrated in Bergen, Burlington, Cape May, Gloucester, Hunterdon, Passaic, Salem, Union and Warren counties, while Asian growth has happened in Gloucester, Hudson, Mercer, Salem and Somerset counties.

--Editing by Pamela Wilkinson.

Update: This article has been updated to include commentary from bill sponsor Assemblyman John McKeon, D-Essex. 

For a reprint of this article, please contact reprints@law360.com.

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