MT Redistricting: For the first time in 40 years, Montana enjoyed the right to draw a congressional map following the 2020 census, thanks to population growth that bumped up its representation in the House from one seat to two. But while that task was completed all the way back in November, the state still lacks new maps for its legislature—and won't have any until next year. In fact, Montana is the only state in the nation that hasn't finished legislative redistricting. So what gives?
Fortunately, law professor Quinn Yeargain has the answer. In 1972, Montana adopted a new constitution that gave power over redistricting to an evenly divided bipartisan commission, which is obligated to submit legislative maps to lawmakers "at the first regular session after its appointment or after the census figures are available." The problem, however, is that the constitution also mandates the legislature meet for just 90 days at a time in odd-numbered years, starting in early January and ending in late April.
Practically speaking, therefore, there's no way the redistricting commission could finish its work that quickly, and in 2021, that would have been literally impossible, since the Census Bureau didn't release the detailed data needed to draw new lines until August. Even in the previous decade, when the census wasn't hampered by a pandemic and presidential interference, Montana didn't receive the necessary data until mid-March.
Making matters even more absurd, as Yeargain points out, when lawmakers receive maps from the commission, they can only make "recommendations" for changes—recommendations the commissioners are free to ignore. The entire process, therefore, will be put off until the legislature's next session in 2023, simply to allow legislators to play an entirely advisory role that may have no impact whatsoever.
The practical consequences of this delay, however, are considerable. As shown in this map of Montana's state House, many districts are severely under- or over-populated, with 56 of 100 outside the 10% deviation between the smallest and largest districts that courts typically allow; the situation in the Senate is similar.
Under the longstanding constitutional doctrine of "one person, one vote," these imbalances make Montana ripe for a lawsuit demanding the state draw new districts immediately after each census, like every other state does. No one has brought such a case this time, though, and with the state's primary next week, it's now too late. But in the coming decade, such a challenge could very well succeed.