Loophole could help Texas' voting maps survive midterms

The still somewhat vague ‘Purcell principle’ allows states to argue that it’s too close to an election to change laws

- ERWIN CHEMERINSKY CONTRIBUTING WRITER

THE FATE OF Texas’ and perhaps California's recent redistricting and thus the political composition of the House of Representatives after the 2026 midterm elections — turns on a principle of law that’s never made much sense before and makes absolutely no sense now.

The “Purcell principle” states that federal courts cannot impose changes in election rules too soon before an election, even by finding them unconstitutional. As applied here it would mean that state governments could effectively change election systems just before voting day, in blatantly unconstitutional ways, and no court would be able to stop it. That just can’t be right.

The context of this spurs from when the Texas Legislature, at the urging of President Trump, redrew its congressional districts in October in an attempt to create five more districts where Republican candidates are likely to prevail. Last week, a three-judge federal court, in a 2-1 decision, found that the new districts violated equal protection in their discrimination against voters of color and issued a preliminary injunction against their use in the election.

In a 160-page opinion, federal Judge Jeffrey Brown concluded that, “Substantial evidence shows that Texas racially gerrymandered the 2025 Map.” The court ordered the state instead to use the map the Texas Legislature previously adopted in 2021 for the 2026 midterm elections.