Congressional districts must be redrawn after each US Census. In fact, that is one of the main functions the Census: to determine how many seats of the US House of Representatives that each state is allotted. A related function is to give states information about the distribution of the population in their state. Even if a state doesn’t gain or lose seats after a Census, the population in their state may have grown, shrank, or simply moved around within the state. If each Congressional district is to represent roughly the same number of people, district boundaries will still need to be redrawn even absent a change in the state’s total share of the US House seats.
That much is clear. However, given that historically and still largely today Congressional districts are drawn by state legislatures, there is a temptation and a real possibility that the party in power of a state legislature will draw boundaries in a way that benefits that party. There is nothing illegal about doing this as far as the federal Constitution is concerned (that I am aware of), but it does seem a bit unsporting. But I guess much of politics might be deemed “unsporting.”
Nonetheless, sometimes the shape of districts is so obviously weird and not representing an cohesive group of citizens or communities that it gets the derisive term “Gerrymander,” which derives from a historical example of a very odd looking district. But even if a district doesn’t look weird, it may still give one party an advantage that some deem unfair, such as by diluting one party’s supporters into multiple districts so they get no seats, or alternatively cramming all the supporters into one district so they have a very lopsided victory in just one district, rather than controlling multiple districts. This practice is known as “partisan Gerrymandering,” and it will be my focus in this post today (there are other forms, such as racial Gerrymandering, which are also important but are beyond the scope of this post).
Surely this practice occurs. Some states have tried to avoid it the problem of Gerrymandering by using non-partisan commissions, though this is a minority of states (less than a dozen), and when push-comes-to-shove they don’t actually seem that committed to the idea (both California and Virginia have essentially abandoned these commissions in 2025-26 to attempt to, once again, gain a partisan advantage). But lately a particular question has come up: does partisan Gerrymandering benefit one major party more?
In total for the US House, whatever Gerrymandering at the state level that is happening seems to roughly wash out in national representation: in the 2024 election, Republicans received about 51.7% of the two-party share of votes totaled over all House elections, and Republicans have about 50.6% of the seats in the House. Perhaps you could say that the GOP effectively loses 5 seats to what they “should” have in a truly proportional sense, but this ignores many factors, some of which I will discuss below. But even so, the GOP has a slim majority in the House and they won a slim total of national House votes. It’s about right.
But that “washing out” at the national level ignores some very large disparities at the state level. In some states, one party has all the House seats, even though they got nowhere near 100% of the House vote. Many of these are states with 1 or 2 House seats, which are less interesting because either there is no possibility of Gerrymandering (1 seat) or there is no obviously “fair” division, but it is not only those small states. For examples, Massachusetts gives all 9 seats to the Democrats, even though Republicans received 31.5% of the two-party vote share. Do Republicans deserve 3 of the seats? Is the fact that they don’t have 1/3 of the seats evidence of Gerrymandering? Conversely, in Oklahoma Republicans hold all 5 seats, even though Democrats got 30% of the vote. Should Democrats get a seat or two in Oklahoma?
(Note: for all vote data, I have queried Google Gemini Pro. I found multiple errors along the way, but I am fairly confident the numbers are all correct now. Please let me know if you spot any errors).
Neither Massachusetts nor Oklahoma’s Congressional representation is an obvious case of Gerrymandering on its face. It’s possible that 1/3 opposition party support in both states is perfectly even distributed across the state, such that it would not be possible to draw any “fair” districts that give the opposition roughly 1/3 of the seats. But it could be the result of Gerrymandering, or at least an indication we should look deeper. We can tally up all of the differences across states in the following chart:
Chart 1





