Bill Text: NJ SCR192 | 2014-2015 | Regular Session | Introduced

New Jersey Senate Concurrent Resolution 192 (Prior Session Legislation)

Introduced

Bill Title: Proposes constitutional amendment to establish redistricting requirements for creating legislative districts; requires Apportionment Commission to hold and transcribe public hearings.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-12-17 - Introduced in the Senate, Referred to Senate Judiciary Committee [SCR192 Detail]

Download: New_Jersey-2014-SCR192-Introduced.html

SENATE CONCURRENT RESOLUTION No. 192

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED DECEMBER 17, 2015

Sponsored by:

Senator THOMAS H. KEAN, JR.

District 21 (Morris, Somerset and Union)

SYNOPSIS

Proposes constitutional amendment to establish redistricting requirements for creating legislative districts; requires Apportionment Commission to hold and transcribe public hearings.

CURRENT VERSION OF TEXT

As introduced.

A Concurrent Resolution proposing to amend Article IV, Section II, paragraph 3 and Article IV, Section III, paragraph 1 of the Constitution of the State of New Jersey.

Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

1. The following proposed amendment to the Constitution of the State of New Jersey is hereby agreed to:

PROPOSED AMENDMENT

Amend Article IV, Section II, paragraph 3 to read as follows:

3. a. The General Assembly shall be composed of eighty members. Each Senate district to which only one senator is apportioned shall constitute an Assembly district. Each of the remaining Senate districts shall be divided into Assembly districts equal in number to the number of senators apportioned to the Senate district. The Assembly districts shall be composed of contiguous territory, as nearly compact and equal in the number of their inhabitants as possible, and in no event shall each such district contain less than eighty per cent nor more than one hundred twenty per cent of one-fortieth of the total number of inhabitants of the State as reported in the last preceding decennial census of the United States. Unless necessary to meet the foregoing requirements, no county or municipality shall be divided among Assembly districts unless it shall contain more than one-fortieth of the total number of inhabitants of the State, and no county or municipality shall be divided among a number of Assembly districts larger than one plus the whole number obtained by dividing the number of inhabitants in the county or municipality by one-fortieth of the total number of inhabitants of the State.

b. No district drawn by the Apportionment Commission, pursuant to Article IV, Section III of the New Jersey Constitution, shall be drawn to favor a political party, incumbent legislator, or other person or group, or to dilute the voting strength of a language or racial minority group.

In establishing legislative districts, the Commission shall not use any of the following information:

(1) addresses of incumbent legislators;

(2) political affiliations of registered voters;

(3) previous election results; and

(4) demographic information, other than population head counts, except as required by the Constitution and the laws of the United States.

(cf: Art.IV, Sec.II, par.3; amended effective December 8, 1966)

Amend Article IV, Section III, paragraph 1 to read as follows:

1. a. After the next and every subsequent decennial census of the United States, the Senate districts and Assembly districts shall be established, and the senators and members of the General Assembly shall be apportioned among them, by an Apportionment Commission consisting of ten members, five to be appointed by the chairman of the State committee of each of the two political parties whose candidates for Governor receive the largest number of votes at the most recent gubernatorial election. Each State chairman, in making such appointments, shall give due consideration to the representation of the various geographical areas of the State. Appointments to the Commission shall be made on or before November 15 of the year in which such census is taken and shall be certified by the Secretary of State on or before December 1 of that year. The Commission, by a majority of the whole number of its members, shall certify the establishment of Senate and Assembly districts and the apportionment of senators and members of the General Assembly to the Secretary of State within one month of the receipt by the Governor of the official decennial census of the United States for New Jersey, or on or before February 1 of the year following the year in which the census is taken, whichever date is later.

b. The Commission shall hold at least three public hearings, one each in the northern, southern, and central parts of the State.

c. The Commission shall establish a website, to be administered by the Office of Legislative Services, or its successor, starting on January 1 of the year following the year in which the census is taken. By January 1, the website shall describe, in plain language, the process of the Commission; and provide a process for members of the public to submit written plans for the establishment of legislative districts and more general comments to the Commission. The website shall also provide access to the recordings of the public hearings and the materials submitted to the Commission, and provide such other information as the Commission deems appropriate. The commission may review, subject to the constraints of time and convenience, the written plans for the establishment of legislative districts submitted by members of the general public.

d. The Commission shall arrange for a Certified Court Reporter or a reporter from the Office of Legislative Services, or its successor, to be present at the public hearings of the Commission to transcribe the full proceedings of the public hearing. A written transcript of the public hearings shall be prepared as soon as possible after such hearings and shall be made available to the members of the Commission.

e. The transcript of the public hearings prepared by the Certified Court Reporter or the Office of Legislative Services, or its successor, shall become part of the official records of the Commission and shall be submitted to the Secretary of State with other official records of the Commission, if any, when the Commission terminates its business.

(cf: Art.IV, Sec.III, par.2: amended effective December 8, 1966)

2. When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

3. This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

There shall be printed on each official ballot to be used at the general election, the following:

a. In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

b. In every municipality the following question:

		CONSTITUTIONAL AMENDMENT SETTING REDISTRICTING REQUIREMENTS AND A PUBLIC PROCESS FOR ESTABLISHING DISTRICTS
	YES	Do you approve changing the Constitution to establish requirements for how legislative districts are created? Do you approve requiring that the commission hold at least three public hearings? Do you approve requiring the commission to arrange for and produce transcripts of the public hearings? Do you approve requiring the commission to establish a website to provide public information and to accept comments and districting plans from the public?
		INTERPRETIVE STATEMENT
	NO	This amendment to the Constitution establishes specific requirements to be applied in creating legislative districts. Districts could not be drawn to favor a political party, sitting legislator, or other person or to dilute the voting strength of a language or racial minority group. The addresses of sitting legislators, political party of voters, and prior election results could not be used to draw districts. This amendment would require the commission to hold at least three public hearings in different parts of the State. The commission would also be required to set up a website to provide information to the public, and accept district plans and comments from the public. The amendment would require a written transcript of each public hearing to be prepared.

STATEMENT

The purpose of this Constitutional Amendment is to establish redistricting requirements and certain procedures for use by the Apportionment Commission when it establishes legislative districts.

Specifically, the amendment prohibits the creation of legislative districts that favor a political party, an incumbent office holder or other person or group, or dilute the voting strength of a language or racial minority group.

It also prohibits the use of:

1) addresses of incumbent legislators;

2) political affiliations of registered voters;

3) previous election results; and

4) demographic information, other than population head counts, except as required by the Constitution and the laws of the United States.

The amendment requires that the Apportionment Commission hold at least three public hearings, one each in the northern, southern, and central parts of the State. The commission would establish a website, to be administered by the Office of Legislative Services, a nonpartisan State agency, to inform the public about the commission's work. This website would also allow members of the public to submit plans and comments. The commission may, subject to the constraints of time and convenience, review the written plans for the establishment of legislative districts submitted by members of the general public. A transcript of each public hearing is to be made and become part of the official record of the commission that is submitted to the Secretary of State with other official records when the commission terminates its business.