Bill Title: Proposing to enact new Sections 1, 2, 3, 4, 5, 6, 7,
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2014-12-04 - Committee Report - S
[SJR8 Detail]Download: Ohio-2013-SJR8-Comm_Sub.html
As Reported by the Senate State Government Oversight and Reform Committee 130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Widener, Patton, Obhof, Oelslager, Peterson
A JOINT RESOLUTION | Proposing to enact new Sections 1, 2, 3, 4, 5, 6, 7, | 1 |
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8, 9, 10, 11, and 12 of Article XI and to repeal | 2 |
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Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, | 3 |
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13, 14, and 15 of Article XI of the Constitution | 4 |
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of the State of Ohio to revise the redistricting | 5 |
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process for General Assembly districts. | 6 |
Be it resolved by the General Assembly of the State of Ohio, | 7 |
three-fifths of the members elected to each house concurring | 8 |
herein, that there shall be submitted to the electors of the | 9 |
state, in the manner prescribed by law at the general election to | 10 |
be held on November 3, 2015, a proposal to enact new Sections 1, | 11 |
2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Article XI of the | 12 |
Constitution of the State of Ohio to read as follows: | 13 |
1. (A) The Ohio redistricting commission shall be | 15 |
responsible for the redistricting of this state for the general | 16 |
assembly. The commission shall consist of the following seven | 17 |
members: | 18 |
(2) The auditor of state; | 20 |
(3) The secretary of state; | 21 |
(4) One person appointed by the speaker of the house of | 22 |
representatives; | 23 |
(5) One person appointed by the legislative leader of the | 24 |
largest political party in the house of representatives of which | 25 |
the speaker of the house of representatives is not a member; | 26 |
(6) One person appointed by the president of the senate; and | 27 |
(7) One person appointed by the legislative leader of the | 28 |
largest political party in the senate of which the president of | 29 |
the senate is not a member. | 30 |
No appointed member of the commission shall be a current | 31 |
member of congress. | 32 |
(B) Unless otherwise specified in this Article, a simple | 33 |
majority of the commission members shall be required for any | 34 |
action by the commission. Except as otherwise provided in Section | 35 |
10 of this Article, the affirmative vote of four members of the | 36 |
commission, including at least one member of the commission who is | 37 |
a member of each of the two largest political parties represented | 38 |
in the general assembly, shall be required to adopt a general | 39 |
assembly district plan. | 40 |
(C) At the first meeting of the commission, which the | 41 |
governor shall convene only in a year ending in the numeral one, | 42 |
except as provided in Sections 10 and 11 of this Article, the | 43 |
members of the commission shall select two members to be | 44 |
co-chairpersons, one of whom shall be a member of the largest | 45 |
political party represented in the general assembly and one of | 46 |
whom shall be a member of the second largest political party | 47 |
represented in the general assembly, and set a schedule for the | 48 |
adoption of procedural rules for the operation of the commission. | 49 |
Not later than the fifteenth day of September of a year | 50 |
ending in the numeral one, the commission shall release to the | 51 |
public a proposed general assembly district plan for the | 52 |
boundaries for each of the ninety-nine house of representatives | 53 |
districts and the thirty-three senate districts. The commission | 54 |
shall draft the proposed plan in the manner prescribed in this | 55 |
Article. After introducing a general assembly district plan but | 56 |
before adopting a final general assembly district plan, the | 57 |
commission shall conduct a minimum of three public hearings across | 58 |
the state to present the proposed plan and shall seek public input | 59 |
regarding the proposed plan. All meetings of the commission shall | 60 |
be open to the public. Meetings shall be broadcast by electronic | 61 |
means of transmission using a medium readily accessible by the | 62 |
general public, subject to the discretion of the commission. | 63 |
The commission shall adopt a final general assembly district | 64 |
plan not earlier than the last week of October of a year ending in | 65 |
the numeral one but not later than the thirty-first day of October | 66 |
of a year ending in the numeral one. After the commission adopts a | 67 |
final general assembly district plan, the commission shall file | 68 |
the plan with the secretary of state. Upon filing with the | 69 |
secretary of state, the plan shall become effective. | 70 |
Not more than four weeks after the adoption of a general | 71 |
assembly district plan, the co-chairpersons of the commission | 72 |
shall jointly dissolve the commission. | 73 |
(D) The general assembly shall be responsible for making the | 74 |
appropriations it determines necessary in order for the commission | 75 |
to perform its duties under this Article. | 76 |
2. Each house of representatives district shall be | 77 |
entitled to a single representative in each general assembly. Each | 78 |
senate district shall be entitled to a single senator in each | 79 |
general assembly. | 80 |
3. (A) The whole population of the state, as | 81 |
determined by the federal decennial census or, if such is | 82 |
unavailable, such other basis as the general assembly may direct, | 83 |
shall be divided by the number "ninety-nine" and by the number | 84 |
"thirty-three" and the quotients shall be the ratio of | 85 |
representation in the house of representatives and in the senate, | 86 |
respectively, for ten years next succeeding such redistricting. | 87 |
(B) The population of each house of representatives district | 88 |
shall be substantially equal to the ratio of representation in the | 89 |
house of representatives, and the population of each senate | 90 |
district shall be substantially equal to the ratio of | 91 |
representation in the senate, as provided in division (A) of this | 92 |
section. In no event shall any district contain a population of | 93 |
less than ninety-five per cent nor more than one hundred five per | 94 |
cent of the applicable ratio of representation, except as | 95 |
otherwise provided in division (B) of Section 6 of this Article. | 96 |
4. (A) Every house of representatives district shall | 98 |
be compact and composed of contiguous territory, and the boundary | 99 |
of each district shall be a single nonintersecting continuous | 100 |
line. | 101 |
(B) The commission shall avoid splitting political | 102 |
subdivisions. As used in this section and Sections 8 and 10 of | 103 |
this Article, "political subdivision" means a county, a municipal | 104 |
corporation, or a township. | 105 |
(1) Dividing a noncontiguous political subdivision shall not | 106 |
be considered splitting the political subdivision if its | 107 |
noncontiguous portions are included in separate districts. | 108 |
However, dividing a noncontiguous political subdivision shall be | 109 |
considered splitting the political subdivision if any | 110 |
noncontiguous portion is itself divided into separate districts. | 111 |
(2) Dividing, along a county line, a political subdivision | 112 |
that has territory in more than one county shall not be considered | 113 |
splitting the political subdivision. | 114 |
(C) To the extent consistent with the requirements of Section | 115 |
3 of this Article, the boundary lines of house of representatives | 116 |
districts shall be so drawn as to delineate an area containing one | 117 |
or more whole counties. | 118 |
(D) Where the requirements of Section 3 of this Article | 119 |
cannot feasibly be attained by forming a house of representatives | 120 |
district from a whole county or counties, such district shall be | 121 |
formed by combining the areas of whole political subdivisions, | 122 |
other than a county. | 123 |
(E) Where the requirements of Section 3 of this Article | 124 |
cannot feasibly be attained by combining the areas of whole | 125 |
political subdivisions, other than a county, as prescribed in | 126 |
division (D) of this section, only one such political subdivision | 127 |
may be divided between two house of representatives districts. | 128 |
(F) In making a new general assembly district plan, district | 129 |
boundaries established by the preceding general assembly district | 130 |
plan shall be adopted to the extent reasonably consistent with the | 131 |
requirements of Section 3 of this Article. | 132 |
5. A county having at least one house of | 133 |
representatives ratio of representation shall have as many house | 134 |
of representatives districts wholly within the boundaries of the | 135 |
county as it has whole ratios of representation. Any fraction of | 136 |
the population in excess of a whole ratio shall be a part of only | 137 |
one adjoining house of representatives district. | 138 |
The number of whole ratios of representation for a county | 139 |
shall be determined by dividing the population of the county by | 140 |
the ratio of representation for the house of representatives | 141 |
determined under Section 3 of this Article. | 142 |
6. The standards prescribed in this section and | 143 |
Sections 3, 4, and 5 of this Article shall govern the | 144 |
establishment of house of representatives districts, which shall | 145 |
be created and numbered in the following order to the extent that | 146 |
such order is consistent with the foregoing standards: | 147 |
(A) Each county containing population substantially equal to | 148 |
one ratio of representation in the house of representatives, as | 149 |
provided in Section 3 of this Article, but in no event less than | 150 |
ninety-five per cent of the ratio nor more than one hundred five | 151 |
per cent of the ratio, shall be designated a representative | 152 |
district. | 153 |
(B) In those instances where the population of a county is | 154 |
not less than ninety per cent nor more than one hundred ten per | 155 |
cent of the ratio of representation in the house of | 156 |
representatives, reasonable effort shall be made to create a house | 157 |
of representatives district consisting of the whole county. | 158 |
(C) Proceeding in succession from the largest to the | 159 |
smallest, each remaining county containing more than one whole | 160 |
ratio of representation shall be divided into house of | 161 |
representatives districts. Any remaining territory within such | 162 |
county containing a fraction of one whole ratio of representation | 163 |
shall be included in one representative district by combining it | 164 |
with adjoining territory outside the county. | 165 |
(D) The remaining territory of the state shall be combined | 166 |
into representative districts. | 167 |
7. Senate districts shall be composed of three | 168 |
contiguous house of representatives districts. A county having at | 169 |
least one whole senate ratio of representation shall have as many | 170 |
senate districts wholly within the boundaries of the county as it | 171 |
has whole senate ratios of representation. Any fraction of the | 172 |
population in excess of a whole ratio shall be a part of only one | 173 |
adjoining senate district. Counties having less than one senate | 174 |
ratio of representation, but at least one house of representatives | 175 |
ratio of representation shall be part of only one senate district. | 176 |
The number of whole ratios of representation for a county | 177 |
shall be determined by dividing the population of the county by | 178 |
the ratio of representation in the senate determined under Section | 179 |
3 of this Article. | 180 |
Senate districts shall be numbered from one through | 181 |
thirty-three and as provided in Section 9 of this Article. | 182 |
8. District boundaries established pursuant to this | 183 |
Article shall not be changed until the ensuing federal decennial | 184 |
census and the ensuing redistricting or as provided in Section 10 | 185 |
or 11 of this Article, notwithstanding the fact that boundaries of | 186 |
political subdivisions or city wards within a district may be | 187 |
changed during that time. District boundaries shall be created by | 188 |
using the boundaries of political subdivisions and city wards as | 189 |
they exist at the time of the federal decennial census on which | 190 |
the redistricting is based, or such other basis as the general | 191 |
assembly has directed. | 192 |
9. At any time the boundaries of senate districts are | 193 |
changed in any plan of redistricting made pursuant to any | 194 |
provision of this Article, a senator whose term will not expire | 195 |
within two years of the time the plan of redistricting is made | 196 |
shall represent, for the remainder of the term for which the | 197 |
senator was elected, the senate district which contains the | 198 |
largest portion of the population of the district from which the | 199 |
senator was elected, and the district shall be given the number of | 200 |
the district from which the senator was elected. If more than one | 201 |
senator whose term will not so expire would represent the same | 202 |
district by following the provisions of this section, the | 203 |
commission, by a majority vote, shall designate which senator | 204 |
shall represent the district and shall designate which district | 205 |
the other senator or senators shall represent for the balance of | 206 |
their term or terms. | 207 |
10. (A) If the Ohio redistricting commission fails | 208 |
to adopt a final general assembly district plan not later than the | 209 |
thirty-first day of October of a year ending in a numeral one, in | 210 |
accordance with Section 1 of this Article, the governor, the | 211 |
auditor of state, and the secretary of state, acting independently | 212 |
of the commission, shall adopt a general assembly district plan by | 213 |
a simple majority vote of their number not later than the first | 214 |
day of December of that year. The governor shall file the plan | 215 |
with the secretary of state not later than the next business day. | 216 |
Upon filing with the secretary of state, the plan shall become | 217 |
effective. | 218 |
(B) A redistricting plan adopted under division (A) of this | 219 |
section shall be effective for elections occurring in the year | 220 |
following the year in which the plan was adopted. At the general | 221 |
election conducted in that year, the following question shall be | 222 |
submitted to the electors of the state: | 223 |
"Shall the Ohio Redistricting Commission reconvene to draw | 224 |
new General Assembly districts?" | 225 |
(C) If a majority of the electors vote in favor of | 226 |
reconvening the commission to adopt a new general assembly | 227 |
district plan, the commission shall reconvene to adopt a new | 228 |
general assembly district plan in accordance with this Article. | 229 |
The commission shall draw the new plan using the same population | 230 |
and political subdivision and city ward boundary data as were used | 231 |
to draw the plan adopted under division (A) of this section. | 232 |
(D) If a majority of the electors vote against reconvening | 233 |
the commission to adopt a new general assembly district plan, the | 234 |
district plan adopted under division (A) of this section shall | 235 |
remain in effect until the next year ending in the numeral one, | 236 |
except as otherwise provided in Section 11 of this Article. | 237 |
11. (A) The supreme court of Ohio shall have | 238 |
exclusive, original jurisdiction in all cases arising under this | 239 |
Article. | 240 |
(B) In the event that any section of this Article relating to | 241 |
redistricting or any plan of redistricting made by the Ohio | 242 |
redistricting commission is determined to be invalid by an | 243 |
unappealed final order of a court of competent jurisdiction then, | 244 |
notwithstanding any other provisions of this Article, the | 245 |
commission shall reconvene to ascertain and determine a general | 246 |
assembly district plan in conformity with such provisions of this | 247 |
Article as are then valid, including establishing terms of office | 248 |
and election of members of the general assembly from districts | 249 |
designated in the plan, to be used until the next regular | 250 |
redistricting in conformity with such provisions of this Article | 251 |
as are then valid. | 252 |
(C) Notwithstanding any provision of this Article or any law | 253 |
regarding the residence of senators and representatives, a general | 254 |
assembly district plan made pursuant to this section shall allow | 255 |
thirty days for persons to change residence in order to be | 256 |
eligible for election. | 257 |
(D) No court shall order, in any circumstance, the | 258 |
implementation or enforcement of any plan that has not been | 259 |
approved by the commission in the manner prescribed by this | 260 |
Article. | 261 |
12. The various provisions of this Article are | 262 |
intended to be severable, and the invalidity of one or more of | 263 |
such provisions shall not affect the validity of the remaining | 264 |
provisions. | 265 |
EFFECTIVE DATE AND REPEAL | 266 |
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If adopted by a majority of the electors voting on this | 267 |
proposal, new Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 | 268 |
of Article XI take effect January 1, 2021 and Sections 1, 2, 3, 4, | 269 |
5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of | 270 |
Article XI of the Constitution of the State of Ohio are repealed | 271 |
from that effective date. | 272 |