Committee advances bill requiring public record of communications about redistricting to Board of Apportionment members; failure to record could be misdemeanor

The Senate State Agencies & Governmental Affairs Committee passed Senate Bill 12, which restricts private communications about redistricting by members of the Board of Apportionment and requires that communications about redistricting be memorialized in written or electronic form.

Senator King, sponsor of the bill, said the measure applies only to communications regarding redistricting by members of the Board of Apportionment — the governor, the attorney general and the secretary of state — and to staff who receive such communications. “If someone…comes and talks to any staff or member of the board of apportionment about anything regarding redistricting, then that staff member or the member of the board of apportionment has to record, write down, or electronically create a record of that communication,” King said during his presentation.

King described the intent as limiting behind-the-scenes, special-interest communications that can affect how districts are drawn for a decade. He likened the obligation to a juror’s duty not to discuss a trial outside the courtroom, saying the bill is designed to force communications into the public record while preserving an individual’s First Amendment right to speak.

Committee members discussed scope and enforcement. Senator Peyton asked whether the bill would apply only to procurement tied to disasters (a different bill line of questioning occurred earlier); during the SB12 discussion members asked whether the onus for reporting would fall on the public official, the staff member, or both. King responded his intent was to place the compliance obligation on the public official, analogous to a juror’s responsibility for following court instructions; he acknowledged attorneys in the room could clarify enforcement details.

King and others said the bill was narrowed in committee amendments to apply only to communications about redistricting and removed a prior paragraph that would have required broader proactive disclosure. As amended, the bill requires that communications about redistricting be placed in a written or electronic record or presented in a public meeting; failure to do so was described during committee remarks as a class A misdemeanor for responsible public officials. Senator Clark and other members voiced support for the measure as a tool to reduce backroom deals and potential gerrymandering.

No public witnesses were recorded in committee testimony. After debate and amendment, the committee approved the bill by voice vote; the chair announced the bill passed "as amended."