Utah court OKs redistricting plan cost estimate

July 31, 2009

ELIZABETH WHITE

The Utah Supreme Court on Friday rejected a group's arguments that the estimated cost of its proposal to create an independent advisory commission on redrawing voting boundaries is wrong.

The Fair Boundaries Coalition challenged the proposal's estimated cost, saying data behind the $1 million price tag put on it by legislative analysts was biased and inaccurate.

The group wants to put an initiative on the 2010 ballot to create an independent commission to redraw Utah's boundaries after the census. Lawmakers would still have the final say.

The initiative's sponsor says the "inflated" cost estimate could scare people away from voting for the initiative.

The group argued the estimate was wrong because it assumed the Legislature would do its own research and analysis on redistricting in addition to the advisory board the group wants to create.

On Friday, the court said the group didn't provide "clear and convincing evidence" the estimate is inaccurate.

"We do not read the plain language of the initiative to prohibit the Legislature from undertaking separate research and analysis of redistricting issues at any time," said the court, which certified the estimate prepared by the Governor's Office of Planning and Budget.

Assistant Attorney General Thom Roberts said he agreed with the court's decision.

He also said the planning and budget office included in its estimate possible cost savings that could lower the price tag, such as sharing staff and equipment.

The coalition needs 95,000 signatures by April to get the initiative on the ballot.

Merrill Nelson, the initiative's sponsor, said he expected the high court's decision.

"It's not a surprise," he said. "The Legislature has imposed an almost impossible burden on initiative sponsors. They can attach an exorbitant price tag to the initiative and then make it difficult to challenge."

Nelson called the $1 million figure "totally unrealistic."

The Utah Constitution gives the Legislature the task of redrawing legislative, U.S. House and state school board districts every 10 years following census updates.