As Texas Moves to Redraw Congressional Maps, Voters Ask Why Gerrymandering Isn't Illegal

As Texas moves to redraw the state's congressional maps, voters wonder why gerrymandering isn't illegal. According to PBS, Texas wants to redraw the state's electoral maps in an attempt to manipulate the next presidential election. Republican lawmakers in the state want more congressional seats to do so, and they mean to accomplish the goal by gerrymandering.

Democratic legislators in Texas stayed out of the state to avoid voting on a bill that would give Republicans five new districts of conservative voters, per NPR. The political drama intensified after Gov. Gavin Newsom — who is reportedly running for president in 2028 — threatened to "fight fire with fire" if the gerrymandering went ahead in Texas and do the same in California.

The reason gerrymandering isn't illegal is that it isn't noted in the United States Constitution. District maps are redrawn every 10 years following every census to balance the population in state districts. However, it becomes problematic when states redraw electoral maps more often in an attempt to manipulate votes or gerrymander.

According to The Sacramento Bee, after President Donald Trump ordered Texas to find five GOP seats, Texas Gov. Greg Abbott (R) had a special legislative session redraw the electoral maps, which prompted California Gov. Gavin Newsom (D) to threaten to do the same.

“We’re not going to roll over," he said. "And we’re going to fight fire with fire. We also will punch above our weight in terms of the impact of what we’re doing, and I think that should be absorbed by those in the Texas delegation. Whatever they are doing will be neutered here in the state of California,” said the governor, per NBC News.

The term "gerrymander" was first used more than 200 years ago in the United States, and it was a way to define lawmakers' political manipulation of redrawing legislative maps. According to the Library of Congress, gerrymandering was used for the first time in the Boston Gazette newspaper back in 1812. It was a reaction to Massachusetts lawmakers redrawing senate election districts under Gov. Elbridge Gerry.

After Democrats refused to be present to vote on the Texas bill in August of 2025, Gov. Greg Abbott said that the Democrats should be expelled from office and "behave like adults, rather than going AWOL."

The Texas governor also threatened the Democrats by ordering the Texas Department of Public Safety to "locate, arrest, and return to the House chamber any member who has abandoned their duty to Texans."

Several lawmakers found refuge in liberal-led states to avoid arrest, and many said they wouldn't return to Texas until the special session ends on Aug. 19, 2025.

New York Gov. Kathy Hochul held a press conference on Aug. 4 and said the state would also redraw electoral maps should Texas Republicans continue gerrymandering.

"If Republicans are willing to rewrite these rules to give themselves an advantage, then they're leaving us no choice; we must do the same," she declared.