The boundaries of campaign finance reform: Should the bipartisan campaign reform act regulate redistricting?

Redistricting can play a significant role in determining the outcome of congressional elections. In contrast to campaign financing, the funding behind this political process has received little public attention, partly because of the lack of legally mandated disclosure. After the enactment of the Bipartisan Campaign Reform Act of 2002 (BCRA), which imposes amount, reporting, and source requirements on political contributions, the Federal Election Commission (FEC) deadlocked on the question of whether the Act should apply to redistricting. This Note examines BCRA's applicability, concluding that the first round of redistricting is beyond the reach of the Act. The characteristics of re-redistricting, however, position it within the regulatory scope of BCRA. This Note proposes that the FEC subject re-redistricting to BCRA's requirements, in order to reduce the likelihood that state legislatures will undertake the process and, where they do, increase transparency and accountability to the public.