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Abstract

Until recently, legislative redistricting remained a relatively obscure topic for most Americans. In the upcoming 2020 round, increased public interest in the problem of gerrymandering, combined with the rise of technologies that empower public participation, will fuel public scrutiny of state redistricting processes at levels never before experienced. Are states prepared for this oversight onslaught? Will current redistricting transparency rules frustrate or nurture growing public interest? Can states take steps in advance of 2020 to ensure meaningful and productive public participation during the redistricting process? A thoughtful approach to redistricting transparency can both improve resulting maps and stave off litigation. This Article surveys the landscape of current state redistricting transparency rules, discusses technological innovations that impact redistricting transparency, asks whether redistricting transparency is an unqualified good, and suggests a set of redistricting transparency decision points states should consider heading into the 2020 round.

Publication Information

59 William & Mary Law Review 1787-1836 (2018)

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Election Law Commons

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