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20 Geo. J.L. & Pub. Pol'y 533 (2022)
How Independent Is Too Independent?: Redistricting Commissions and the Growth of the Unaccountable Administrative State

handle is hein.journals/geojlap20 and id is 549 raw text is: How Independent is Too Independent?:
Redistricting Commissions and the Growth of the
Unaccountable Administrative State
JASON TORCHINSKY* AND DENNIS W. POLIO**
ABSTRACT
Redistricting commissions are quickly proliferating across the country.
These commissions are intended to alleviate concerns about how redis-
tricting is conducted in an era of powerful computing technology, widely
available data, and advanced mapping software. However, as with all
things connected to public administration, the devil is in the details. The
proliferation of redistricting commissions raises numerous questions: Are
these commissions accountable institutions that increase public trust in the
redistricting process? Or are they simply another symptom of an ever-
expanding administrative state that removes key decision-making from
public officials accountable to voters? Will responsive public officials
make redistricting decisions? Or will such determinations fall to bureau-
crats or politically connected consultants who are completely insulated
from the public will? With the stakes of redistricting so high, and when
entrusting that process to an unelected commission, it is essential that
redistricting commissions are accountable to the public for their decisions.
This Article summarizes the varieties of state redistricting commissions and
provides a lens through which to evaluate their accountability to the public.
Ultimately, this article concludes that, if redistricting commissions continue to
proliferate, states must carefully study how to properly structure them to maxi-
mize accountability.
* Jason Torchinsky is a partner at Holtzman Vogel Baran Torchinsky Josefiak PLLC, specializing in
campaign finance, election law, lobbying disclosure and issue advocacy groups. He holds a B.A. in
Government and Public Policy from the College of William and Mary and a J.D. from the College of
William and Mary School of Law, where he also serves as an adjunct professor. This Article is written in
his personal capacity and not on behalf of any client of his law firm.
** Dennis W. Polio is a senior associate with Holtzman Vogel Baran Torchinsky Josefiak PLLC,
specializing in constitutional law, campaign finance and election law, appellate advocacy, and tax-
exempt organizations. He graduated cum laude from Fairfield University with a B.A. in Politics, magna
cum laude from Syracuse University College of Law with a J.D., and from the Maxwell School of
Citizenship and Public Affairs at Syracuse University with a Master of Public Administration degree.
Dennis previously served as a law clerk to the Honorable Carmen E. Espinosa, Associate Justice of the
Connecticut Supreme Court. This Article is written in his personal capacity and not on behalf of any
client of his law firm.
The Authors wish to thank Matthew Peterson and Andrew Pardue for their assistance; the
Georgetown Journal of Law & Public Policy for the wonderful opportunity to publish this article; and
the Authors' family, friends, and co-workers for their patience and support that enabled the Authors to
complete this Article. © 2022, Jason Torchinsky & Dennis W. Polio.

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