NICK GOSNELL
Hutch Post
HUTCHINSON, Kan. — Kansas Attorney General Derek Schmidt kept his cards close to the vest regarding what his office's reaction would be if the Kansas Supreme Court decides to strike down the Legislature's passed maps for redrawing of the state's four congressional districts.
"I think we just have to see exactly what the Kansas Supreme Court rules, what the legal questions are that are still alive and at issue at that point," Schmidt said. "Then, we sort of go from there. I don't think there's any way to predict until we know what the court says."
The reason it is so unpredictable is because this is the first time in the state's history that the congressional maps have been challenged in state court. That leaves the loser at the Kansas Supreme Court with potential options. If the legislature loses, they could redraw the maps.
"With respect to the congressional maps, there isn't quite the same bright line procedural requirement on what happens next," Schmidt said. "All indications are that there will be an opportunity for the legislature to respond to a court ruling by enacting a different map."
There is also a potential federal constitutional issue that either side could use as justification to see if the U.S. Supreme Court would take it up, as well.
"The United States Constitution's elections clause says that the state legislatures govern the time, place and manner of congressional elections," Schmidt said. "What's that clause's application to what's going on in terms of the congressional redistricting in Kansas? There is at least a federal question presented there. How that all squares up and whether that means there's the potential for some federal court involvement, I think, is still an open question."
Because the maps are not finalized, the filing dates for offices that would go under new maps have been pushed back to June 10.