PUB 700073: Creating a Citizen Commission on Apportionment by Martin Bates

ARTICLE III: LEGISLATURE, Section 16. Legislative apportionment.

1. SENATORIAL AND REPRESENTATIVE DISTRICTS. The legislature at its regular session in the second year following each decennial census, by joint resolution, shall apportion the state in accordance with the constitution of the state and of the United States into not less than thirty nor more than forty consecutively numbered senatorial districts of either contiguous, overlapping or identical territory, and The state in the second year following each decennial census, shall apporation the state in accordance with the constitution of the state and of the United States and shall be divided into as many as many districts as there are members of the house and each district shall elect one representative into not less than eighty nor more than one hundred twenty consecutively nor more than one hundred and fifty numbered representative districts of either contiguous, overlapping or identical territory. Each senate district shall be composed of three adjoining house districts. Should that session adjourn without adopting such joint resolution, the governor by proclamation shall reconvene the legislature within thirty days in special apportionment session which shall not exceed thirty consecutive days, during which no other business shall be transacted, and it shall be the mandatory duty of the legislature to adopt a joint resolution of apportionment.
2. CITIZEN COMMISSION ON APPORTIONMENT. In the legislative session following ratification of this amendment and thereafter in each session preceding each federal population census, a commission of nine citizens, none of whom may be public officials, shall be selected to prepare a plan for redistricting the state into congressional districts. The majority and minority leaders of each house shall designate two commissioners. Within twenty days after their designation, the eight commissioners shall select the ninth member, who shall serve as chairman of the commission. If the eight members fail to select the fifth member within the time prescribed, a majority of the supreme court shall select him.
3. CITIZEN COMMISSION ON APPORTIONMENT FILING CONGRESSIONAL DISTRICTS Within ninety days after the official final decennial census figures are available, the commsission shall file its final plan for congressional districts with the secretary of state and it shall become law.
4. CITIZEN COMMISSION ON APPORTIONMENT FILING LEGISLATIVE DISTRICTS. The commission shall submit its plan for leglislative districts to the legislature at the first regular session after its appointment or after the census figures are available. Within thirty days after submission, the legislature shall reurn the plan to the commission with its recommendations. Within thirty days thereafter, the commission shall file its final plan for legislative districts with the secreatry of state and it shall become law.
5. ADJOURMENT OF CITIZEN COMISSION ON APPORTIONMENT. Upon filing both plans the commission is then dissolved.
6. FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL REAPPORTIONMENT. In the event a special apportionment session of the legislature finally adjourns without adopting a joint resolution of apportionment, the attorney general shall, within five days, petition the supreme court of the state to make such apportionment. No later than the sixtieth day after the filing of such petition, the supreme court shall file with the custodian of state records an order making such apportionment.
7. JUDICIAL REVIEW OF APPORTIONMENT. Within fifteen days after the passage of the joint resolution of apportionment, the attorney general shall petition the supreme court of the state for a declaratory judgment determining the validity of the apportionment. The supreme court, in accordance with its rules, shall permit adversary interests to present their views and, within thirty days from the filing of the petition, shall enter its judgment.
8. EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY APPORTIONMENT SESSION. A judgment of the supreme court of the state determining the apportionment to be valid shall be binding upon all the citizens of the state. Should the supreme court determine that the apportionment made by the legislature is invalid, the governor by proclamation shall reconvene the legislature within five days thereafter in extraordinary apportionment session which shall not exceed fifteen days, during which the legislature shall adopt a joint resolution of apportionment conforming to the judgment of the supreme court.
9. EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF APPORTIONMENT. Within fifteen days after the adjournment of an extraordinary apportionment session, the attorney general shall file a petition in the supreme court of the state setting forth the apportionment resolution adopted by the legislature, or if none has been adopted reporting that fact to the court. Consideration of the validity of a joint resolution of apportionment shall be had as provided for in cases of such joint resolution adopted at a regular or special apportionment session.
10. JUDICIAL REAPPORTIONMENT. Should an extraordinary apportionment session fail to adopt a resolution of apportionment or should the supreme court determine that the apportionment made is invalid, the court shall, not later than sixty days after receiving the petition of the attorney general, file with the custodian of state records an order making such apportionment.