By Alan Greenblatt | Governing
When is a legislature not a legislature? That odd question could have big implications for election law.
The U.S. Supreme Court is about to hear arguments in a case brought by Arizona legislators challenging the authority of the state’s independent redistricting commission, which was set up by voters through a ballot initiative back in 2000.
The federal Constitution states that election law shall be crafted “in each state by the legislature thereof.” The idea that this clause refers to anything other than the legislature itself is “wholly specious,” argues Arizona Senate President Andy Biggs.
