HOUSE JOINT RESOLUTION K

 

May 24, 2005, Introduced by Reps. Anderson, Sheltrown, Byrnes, Kathleen Law, Whitmer, Hunter, Brown, Gillard, Clack, Sak, Donigan, Byrum, Farrah, Espinoza, Polidori, Alma Smith, Gleason, McDowell, Waters, Zelenko, Williams, Phillips, Meisner, Murphy, Adamini, Plakas, McConico, Bennett, Bieda, Condino, Tobocman, Lipsey, Kolb, Dillon, Cushingberry, Kehrl, Gonzales, Virgil Smith, Accavitti, Lemmons, Jr., Wojno and Lemmons, III and referred to the Committee on House Oversight, Elections, and Ethics.

 

     A joint resolution proposing an amendment to the state

 

constitution of 1963, by amending sections 2, 3, and 6 of article

 

IV, to modify congressional and legislative apportionment and

 

districting.

 

     Resolved by the Senate and House of Representatives of the

 

state of Michigan, That the following amendment to the state

 

constitution of 1963, to modify congressional and legislative

 

apportionment and districting, is proposed, agreed to, and

 

submitted to the people of the state:

 

ARTICLE IV


 

     Sec. 2. The senate shall consist of 38 members to be elected

 

from single member districts at the same election as the governor

 

for four-year terms concurrent with the term of office of the

 

governor.

 

     In districting the state for the purpose of electing senators

 

after the official publication of the total population count of

 

each federal decennial census, each county shall be assigned

 

apportionment factors equal to the sum of its percentage of the

 

state's population as shown by the last regular federal decennial

 

census computed to the nearest one-one hundredth of one percent

 

multiplied by four and its percentage of the state's land area

 

computed to the nearest one-one hundredth of one percent.

 

     In arranging the state into senatorial districts, the

 

apportionment commission shall be governed by the following rules:

 

     (1) Counties with 13 or more apportionment factors shall be

 

entitled as a class to senators in the proportion that the total

 

apportionment factors of such counties bear to the total

 

apportionment factors of the state computed to the nearest whole

 

number. After each such county has been allocated one senator, the

 

remaining senators to which this class of counties is entitled

 

shall be distributed among such counties by the method of equal

 

proportions applied to the apportionment factors.

 

     (2) Counties having less than 13 apportionment factors shall

 

be entitled as a class to senators in the proportion that the total

 

apportionment factors of such counties bear to the total

 

apportionment factors of the state computed to the nearest whole

 

number. Such counties shall thereafter be arranged into senatorial


 

districts that are compact, convenient, and contiguous by land, as

 

rectangular in shape as possible, and having as nearly as possible

 

13 apportionment factors, but in no event less than 10 or more than

 

16. Insofar as possible, existing senatorial districts at the time

 

of reapportionment shall not be altered unless there is a failure

 

to comply with the above standards.

 

     (3) Counties entitled to two or more senators shall be divided

 

into single member districts. The population of such districts

 

shall be as nearly equal as possible but shall not be less than 75

 

percent nor more than 125 percent of a number determined by

 

dividing the population of the county by the number of senators to

 

which it is entitled. Each such district shall follow incorporated

 

city or township boundary lines to the extent possible and shall be

 

compact, contiguous, and as nearly uniform in shape as possible.

 

     Sec. 3. The house of representatives shall consist of 110

 

members elected for two-year terms from single member districts

 

apportioned on a basis of population as provided in this article.

 

The districts shall consist of compact and convenient territory

 

contiguous by land.

 

     Each county which has a population of not less than seven-

 

tenths of one percent of the population of the state shall

 

constitute a separate representative area. Each county having less

 

than seven-tenths of one percent of the population of the state

 

shall be combined with another county or counties to form a

 

representative area of not less than seven-tenths of one percent of

 

the population of the state. Any county which is isolated under the

 

initial allocation as provided in this section shall be joined with


 

that contiguous representative area having the smallest percentage

 

of the state's population. Each such representative area shall be

 

entitled initially to one representative.

 

     After the assignment of one representative to each of the

 

representative areas, the remaining house seats shall be

 

apportioned among the representative areas on the basis of

 

population by the method of equal proportions.

 

     Any county comprising a representative area entitled to two or

 

more representatives shall be divided into single member

 

representative districts as follows:

 

     (1) The population of such districts shall be as nearly equal

 

as possible but shall not be less than 75 percent nor more than 125

 

percent of a number determined by dividing the population of the

 

representative area by the number of representatives to which it is

 

entitled.

 

     (2) Such single member districts shall follow city and

 

township boundaries where applicable and shall be composed of

 

compact and contiguous territory as nearly square in shape as

 

possible.

 

     Any representative area consisting of more than one county,

 

entitled to more than one representative, shall be divided into

 

single member districts as equal as possible in population,

 

adhering to county lines.

 

     Sec. 6.  A  The independent redistricting commission on

 

legislative and congressional apportionment is hereby established

 

consisting of  eight electors  nine members, as follows: four  of

 

whom  members shall be selected by the state organizations of each


 

of the two political parties whose candidates for governor received

 

the highest vote at the last general election at which a governor

 

was elected,  preceding each apportionment. If a candidate for

 

governor of a third political party has received at such election

 

more than 25 percent of such gubernatorial vote, the commission

 

shall consist of 12 members, four of whom shall be selected by the

 

state organization of the third political party. One resident of

 

each of the following four regions shall be selected by each

 

political party organization: (1) the upper peninsula; (2) the

 

northern part of the lower peninsula, north of a line drawn along

 

the northern boundaries of the counties of Bay, Midland, Isabella,

 

Mecosta, Newaygo and Oceana; (3) southwestern Michigan, those

 

counties south of region (2) and west of a line drawn along the

 

western boundaries of the counties of Bay, Saginaw, Shiawassee,

 

Ingham, Jackson and Hillsdale; (4) southeastern Michigan, the

 

remaining counties of the state.  one member shall be selected by

 

the speaker of the house of representatives, one member shall be

 

selected by the minority leader of the house of representatives,

 

one member shall be selected by the majority leader of the senate,

 

one member shall be selected by the minority leader of the senate,

 

and one member shall be selected by the eight other members of the

 

commission. Each member of the commission shall be an elector of

 

this state. Each member of the commission shall be committed to

 

applying the provisions of this section in an honest, independent,

 

and impartial manner and to upholding the public confidence in the

 

integrity of the redistricting and apportionment process.

 

     No officers or employees of the federal, state or local


 

governments  Individuals who have been appointed to or elected to,

 

or a candidate for any public office, excepting  notaries public

 

and members of the armed forces reserve, shall be  the office of

 

notary public, have served as an officer of a political party, or

 

have received compensation as a registered lobbyist in the

 

immediately preceding three-year period are not eligible for

 

membership on the commission. Members of the commission shall not

 

be eligible for election to  the legislature  or appointment to

 

public office or to receive compensation as a registered lobbyist

 

until  two  three years after the apportionment in which they

 

participated becomes effective.

 

     The commission shall be appointed  immediately after the

 

adoption of this constitution  not later than February 1, in the

 

year immediately following the federal decennial census and

 

whenever apportionment or districting of the legislature is

 

required by the provisions of this constitution. Members of the

 

commission shall hold office until each apportionment or

 

districting plan becomes effective. Vacancies shall be filled in

 

the same manner as for original appointment.

 

     The secretary of state shall be secretary of the commission

 

without vote, and in that capacity shall furnish, under the

 

direction of the commission, all necessary technical services. The

 

commission shall elect its own  chairman,  chairperson and vice-

 

chairperson, who shall not be members of the same political party,

 

and shall make its own rules of procedure.  , and shall receive

 

compensation provided by law.  Members of the commission shall

 

serve without compensation. However, members of the commission


 

shall be reimbursed for their actual and necessary expenses

 

incurred in the performance of their official duties as members of

 

the commission. The legislature shall appropriate funds to enable

 

the commission to carry out its activities.

 

     Within 30 days after the adoption of this constitution, and

 

after the official total population count of each federal decennial

 

census of the state and its political subdivisions is available,

 

the  The secretary of state shall issue a call convening the

 

commission not  less than 30 nor more than 45 days thereafter  

 

later than March 1, in the year immediately following the federal

 

decennial census. The commission shall complete its work  within

 

180 days after all necessary census information is available  not

 

later than November 1, in the year immediately following the

 

federal decennial census. The commission shall proceed to district

 

and apportion the senate and house of representatives and

 

congressional representation according to the provisions of this

 

constitution. All final decisions shall require the concurrence of

 

a two-thirds majority of the members of the commission. The

 

commission shall hold public hearings  as may be provided by law  

 

and conduct all its business in compliance with the open meetings

 

act.

 

     Each final apportionment and districting plan shall be

 

published as provided by law within 30 days from the date of its

 

adoption and shall become law 60 days after publication.  Not less

 

than 30 days before the adoption of an apportionment and

 

districting plan, the commission shall publish and distribute a

 

draft appointment and redistricting plan of congressional and


 

legislative districts and receive public comment. Each house of the

 

legislature may make recommendations to the commission during this

 

30-day comment period. The secretary of state shall keep a public

 

record of all the proceedings of the commission and shall be

 

responsible for the publication and distribution of each plan.

 

     If a majority of the commission cannot agree on a plan, each

 

member of the commission, individually or jointly with other

 

members, may submit a proposed plan to the supreme court. The

 

supreme court shall determine which plan complies most accurately

 

with the constitutional requirements and shall direct that it be

 

adopted by the commission and published as provided in this

 

section.

 

      Upon the application of any elector filed not later than 60

 

days after final publication of the plan, the supreme court, in the

 

exercise of original jurisdiction, shall direct the secretary of

 

state or the commission to perform their duties, may review any

 

final plan adopted by the commission, and shall remand such plan to

 

the commission for further action if it fails to comply with the

 

requirements of this constitution.

 

     In arranging this state into congressional, house, and senate

 

districts, the independent redistricting commission shall be

 

governed by the following rules:

 

     (1) Districts shall not be drawn for the purpose of favoring a

 

political party, incumbent legislator or member of congress, or

 

other person or for the purpose of augmenting or diluting the

 

voting strength of a community of interest.

 

     (2) Districts shall be of equal population to the extent


 

practicable.

 

     (3) Districts shall comply with the United States Constitution

 

and federal law.

 

     (4) Districts shall be geographically compact and contiguous

 

to the extent practicable.

 

     (5) District boundaries shall respect communities of interest

 

to the extent practicable.

 

     (6) Districts shall use visible geographic features, city,

 

town, and county boundaries, and undivided tracts to the extent

 

practicable.

 

     (7) Each representative district shall be wholly included

 

within a single senatorial district and, so far as possible, each

 

representative and each senatorial district shall be included

 

within a single congressional district. The requirements that

 

districts be compact, be contiguous, respect communities of

 

interest, be of equal population, and use visible geographic

 

features shall take precedence over this rule.

 

     (8) The independent redistricting commission shall not use or

 

consider voting history data, past election results, or incumbent

 

addresses during the preparation or adoption of the apportionment

 

and districting plan.

 

     The supreme court shall have original and exclusive

 

jurisdiction to hear and decide all cases involving congressional

 

and legislative redistricting.  If the commission does not adopt a

 

redistricting plan by the established deadline, the supreme court

 

may be petitioned, requesting that the court prepare a

 

redistricting plan in compliance with this constitution.


 

     Resolved further, That the foregoing amendment shall be

 

submitted to the people of the state at the next general election

 

in the manner provided by law.