Legal Questions

The State Auditor recognized early on that the laws adopted through the initiative did not fully address all of the concerns and complications of traditional redistricting. As a result many of the practices and covenants of the Commission have yet to be determined.

Since citizens of the United States have a well-established fundamental right to participate in political activity, including the right to hold public office, legal counsel at the Bureau of State Audits has attempted to clarify many of the eligibility provisions for the Redistricting Commission. Their goal is to, as best as possible, make the process less susceptible to a court challenge.

The BSA’s legal opinion regarding commissioner eligibility requirements is viewable on the BSA website.

Additional legal opinions about the implementation of the Voters First Act, including specifics about the applicant review panel, the criteria for judging “most qualified applicants,” the scope of the Commission effort to reflect “diversity,” and the application process are also available at the BSA website.

Written comments regarding the draft regulations were due to the Commission on October 13, 2009.

Public Comments can be found on the BSA website.