DeSantis-appointed judge allows Florida to use GOP gerrymander in 2026

A judge appointed by Gov. Ron DeSantis (R) has cleared the way for Florida to use its new congressional map — drawn by DeSantis’ office — in the 2026 midterm elections, despite what plaintiffs called “staggering” evidence that it violates the state’s voter-approved ban on partisan gerrymandering.

In his order, Judge Joshua Hawkes of Florida’s Second Circuit Court concluded that, pulled between the state’s ban on partisan gerrymanders and the U.S. Constitution’s Equal Protection guarantees, “it seems clear that the potential partisan intent in the 2026 map is the lesser of the two evils.”

Pro-voting plaintiffs in the case have appealed the decision to the state court of appeals.

The ruling is a victory in President Donald Trump’s push for GOP-controlled states to redraw their maps to favor Republicans. And it emphasizes the uneven playing field on which national Democrats and Republicans are competing as Trump pressures GOP-controlled states to help him rig the 2026 midterms.

Democrats have moved to respond to aggressive GOP redistricting in kind, but have faced an uphill battle. 

Last month, Virginia voters approved Democrats’ plan to redraw the state congressional map and cancel out Republicans’ gerrymandered gains elsewhere, only to have the Virginia Supreme Court throw it out on a technicality.

In Florida, the GOP did not need voter approval to redistrict and the court has now opened the door for Republicans to potentially pick up four House seats for the GOP.   

Hawkes held the temporary injunction hearing in three consolidated challenges* to the Florida map. Ultimately, he determined that there was not enough evidence of partisan intent because the GOP’s mapmaker had been asked so few questions in the public hearing.

“The level of questions [the map drawer] received fell well short of what one would expect in an adversarial cross-examination from a skilled advocate,” Hawkes wrote.

But that intent was hardly a secret in court.

During the proceedings, mapmaker Jason Poreda, a senior analyst in DeSantis’ administration, admitted to relying on partisan data while drawing the new district lines. 

Christina Ford, an attorney with the Elias Law Group representing a group of plaintiffs, told the court that Poreda’s comments in a legislative committee meeting clearly indicated the map was drawn as a partisan gerrymander.

“On partisan intent: The evidence here is staggering, and defendants barely attempt to rebut it,” Ford said. 

She added that Poreda also admitted he did not draw the map in compliance with the Fair Districts Amendment, the voter-approved measure that established the state gerrymandering ban.

Plaintiffs also argued DeSantis made the partisan intent of his map obvious: His office released the plan to Fox News before sending it to Florida lawmakers, and the map blatantly color-coded the districts in red and blue.

In court filings and during the hearing, defendants ignored plaintiffs’ partisan gerrymandering claims, instead framing the new map as an effort to eliminate race-based redistricting in response to the U.S. Supreme Court’s recent ruling gutting the Voting Rights Act. 

*The Elias Law Group (ELG) is representing plaintiffs in the case. ELG Firm Chair Marc Elias is the founder of Democracy Docket.