Kansas Redistricting Cases: the 1990s

In re: Petition of Stephen251 Kan. 595, 833 P.2d 1017 (1992) (legislative plan approved), 251 Kan. 597, 836 P.2d 574 (1992) (opinion)

The Kansas Supreme Court, in a constitutionally mandated review, found that the 1992 state House and Senate redistricting plans were valid under both the US and Kansas constitutions. The court examined the plans and found no: 1) violation of the one person-one vote principle; 2) basis to reject the plan because communities of interest or political entities had been split; or 3) violation of Section 2 of the Voting Rights Act.

State ex rel. Stephan v. Graves796 F. Supp. 468 (D. Kan. 1992)

Based primarily on Karcher, the court ruled a congressional district plan with a population deviation of .94 percent unconstitutional because it failed to achieve population equality. The court specifically rejected maintenance of whole counties in each congressional district as justification for the higher population deviation. Since the Legislature had adjourned and could not reconvene to adopt a new plan in time for the upcoming election cycle, the court adopted an alternative plan with an overall deviation of 0.01 percent (69 people). That plan was one of three with population deviations below 0.34 percent, but was chosen by the court because it was the one most similar to the plan enacted by the Legislature and signed into law by the Governor.

State Contact

Mary Galligan
Principal Analyst
Legislative Research Department
State House, Room 545N
Topeka, KS 66612
785/296-3181 voice
785/296-3824 fax