Bill Text: OH SJR5 | 2009-2010 | 128th General Assembly | Comm Sub
Bill Title: As Reported by the House Elections and Ethics Committee 128th General AssemblyRegular Session2009-2010Am. Sub. S. J. R. No. 5 Senator Husted
Spectrum: Partisan Bill (Republican 13-0)
Status: (Engrossed - Dead) 2009-09-23 - Passed 3rd Consideration House [SJR5 Detail]
Download: Ohio-2009-SJR5-Comm_Sub.html
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Senator Husted
Cosponsors:
Senators Patton, Niehaus, Wagoner, Goodman, Widener, Schuring, Stewart, Schaffer, Seitz, Grendell, Faber, Jones
Proposing to amend Sections 1, 2, 3, 5, 6, 7, 8, 10, | 1 |
11, 12, 13, and 15 of Article XI, to amend, for | 2 |
the purpose of adopting new Section numbers as | 3 |
indicated in parentheses, Sections 5 (4), 6 (5), 7 | 4 |
(6), 8 (7), 10 (8), 11 (9), 12 (11), 13 (12), and | 5 |
15 (13) of Article XI, to enact new Section 10 of | 6 |
Article XI, and to repeal Sections 4, 9, and 14 of | 7 |
Article XI of the Constitution of the State of | 8 |
Ohio to revise the redistricting process for | 9 |
General Assembly and Congressional districts. | 10 |
Be it resolved by the General Assembly of the State of Ohio, | 11 |
three-fifths of the members elected to each house concurring | 12 |
herein, that there shall be submitted to the electors of the | 13 |
state, in the manner prescribed by law at a special election to be | 14 |
held on May 3, 2011, a proposal to amend Sections 1, 2, 3, 5, 6, | 15 |
7, 8, 10, 11, 12, 13, and 15 of Article XI, to amend, for the | 16 |
purpose of adopting new Section numbers as indicated in | 17 |
parentheses, Sections 5 (4), 6 (5), 7 (6), 8 (7), 10 (8), 11 (9), | 18 |
12 (11), 13 (12), and 15 (13) of Article XI, and to enact new | 19 |
Section 10 of Article XI of the Constitution of the State of Ohio | 20 |
to read as follows: | 21 |
1. | 22 |
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consist of the following seven members and shall be responsible | 37 |
for the redistricting of this state for congress and the general | 38 |
assembly: | 39 |
(1) The governor; | 40 |
(2) The auditor of state; | 41 |
(3) The secretary of state; | 42 |
(4) The speaker of the house of representatives; | 43 |
(5) The legislative leader of the largest political party in | 44 |
the house of representatives of which the speaker of the house of | 45 |
representatives is not a member; | 46 |
(6) The president of the senate; and | 47 |
(7) The legislative leader of the largest political party in | 48 |
the senate of which the president of the senate is not a member. | 49 |
(B) All meetings of the Ohio redistricting commission shall | 50 |
be open to the public. The governor shall give | 51 |
commission members and the public at least two weeks advance | 52 |
notice of the date, time, and place of | 53 |
| 54 |
first day of June but before the sixteenth day of June of the year | 55 |
ending in the numeral one. At that first meeting, the members | 56 |
shall convene, select co-chairpersons, at least one of whom shall | 57 |
be a member of a political party other than the largest one | 58 |
represented on the commission, and adopt procedural rules for the | 59 |
operation of the commission. | 60 |
(C) Not later than the first day of July of a year ending in | 61 |
the numeral one, the Ohio redistricting commission shall convene, | 62 |
public notice being given, to establish a schedule that it | 63 |
determines appropriate to carry out the duties set forth in this | 64 |
article. Not later than the first day of October of a year ending | 65 |
in the numeral one, the commission shall adopt, in the manner | 66 |
prescribed in this article, the boundaries for each of the | 67 |
ninety-nine house of representatives districts, thirty-three | 68 |
senate districts, and the prescribed number of congressional | 69 |
districts as apportioned to the state pursuant to Section 2 of | 70 |
Article 1 of the Constitution of the United States. After the | 71 |
commission adopts each plan, the commission shall file that plan | 72 |
with the secretary of state. Upon filing with the secretary of | 73 |
state, the plan shall become effective. | 74 |
Immediately after the adoption of a plan under this division, | 75 |
the commission shall prepare a report that explains the basis on | 76 |
which the commission made its decisions to achieve the districting | 77 |
criteria specified in this article. | 78 |
(D) Unless otherwise specified in this article, a simple | 79 |
majority of its members shall be required for any action by the | 80 |
Ohio redistricting commission. The affirmative vote of five | 81 |
members of the commission, including votes from at least two | 82 |
members of the commission who are members of a political party | 83 |
other than the largest one represented on the commission, shall be | 84 |
required to adopt any plan. | 85 |
(E) The Ohio redistricting commission shall make the | 86 |
necessary provisions to allow for public comment at public | 87 |
hearings and in writing and to allow for any resident of Ohio to | 88 |
submit a congressional plan or a general assembly plan for | 89 |
consideration. The commission shall develop and implement a plan | 90 |
to make available to the public all relevant data and information | 91 |
necessary for the submission of a potential congressional plan and | 92 |
a potential general assembly plan by any resident of Ohio. | 93 |
(F) The attorney general shall be responsible for defending a | 94 |
plan adopted by the members of the Ohio redistricting commission | 95 |
in any legal action arising from the process described in this | 96 |
article. | 97 |
(G) The general assembly shall be responsible for making the | 98 |
appropriations it determines necessary in order for the Ohio | 99 |
redistricting commission to perform its duties under this article | 100 |
and to defend against any lawsuit arising from the performance of | 101 |
the duties set forth in this article. | 102 |
(H) After the adoption of a congressional plan and a general | 103 |
assembly plan and the completion of any necessary administrative | 104 |
functions, the co-chairpersons of the Ohio redistricting | 105 |
commission shall jointly dissolve the commission. Upon the | 106 |
dissolution of the commission, the co-chairs shall arrange for all | 107 |
records of the commission to be delivered to the Ohio historical | 108 |
society for preservation. | 109 |
(I) The secretary of state shall cause the | 110 |
redistricting plans to be published no later than the fifth day of | 111 |
October | 112 |
as provided by law. | 113 |
Section 2. The | 114 |
members of congress and the general assembly shall be made in the | 115 |
following manner: | 116 |
(A) The whole population of the state, as determined by the | 117 |
federal decennial census, shall be divided by the number of | 118 |
congressional districts apportioned to the state pursuant to | 119 |
Section 2 of Article I of the Constitution of the United States, | 120 |
and the quotient shall be the ratio of representation in the | 121 |
congress for ten years next succeeding such apportionment. | 122 |
(B) The whole population of the state, as determined by the | 123 |
federal decennial census or, if such is unavailable, such other | 124 |
basis as the general assembly may direct, shall be divided by the | 125 |
number "ninety-nine" and the quotient shall be the ratio of | 126 |
representation in the house of representatives for ten years next | 127 |
succeeding such | 128 |
(C) The whole population of the state as determined by the | 129 |
federal decennial census or, if such is unavailable, such other | 130 |
basis as the general assembly may direct, shall be divided by the | 131 |
number "thirty-three" and the quotient shall be the ratio of | 132 |
representation in the senate for ten years next succeeding such | 133 |
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Section 3. (A) The population of each congressional district | 135 |
shall be as equal to the ratio of representation in the congress | 136 |
as practicable, as provided in Section 2 of this article. | 137 |
(B) The population of each house of representatives district | 138 |
shall be substantially equal to the ratio of representation in the | 139 |
house of representatives, as provided in | 140 |
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representatives district contain a population of less than | 142 |
ninety-five | 143 |
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representatives, except | 145 |
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otherwise provided in division (B) of Section 8 of this | 147 |
article. | 148 |
(C) The population of each senate district shall be | 149 |
substantially equal to the ratio of representation in the senate, | 150 |
as provided in Section 2 of this article, and in no event shall | 151 |
any senate district contain a population of less than ninety-five | 152 |
per cent nor more than one hundred five per cent of the ratio of | 153 |
representation in the senate as determined pursuant to this | 154 |
article. | 155 |
Section | 156 |
entitled to a single representative in the United States house of | 157 |
representatives in each congress. | 158 |
(B) Each house of representatives district shall be entitled | 159 |
to a single representative in each | 160 |
assembly. | 161 |
(C) Each senate district shall be entitled to a single | 162 |
senator in each | 163 |
Section | 164 |
this | 165 |
federal decennial census and the ensuing
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redistricting or as provided in | 167 |
Section 12 of this | 168 |
boundaries of political subdivisions or | 169 |
within the district may be changed during that time. District | 170 |
boundaries shall be created by using the boundaries of political | 171 |
subdivisions and | 172 |
the federal decennial census on which the
| 173 |
redistricting is based, or, if unavailable, on such other basis as | 174 |
the general assembly has directed. | 175 |
If the currently applicable redistricting plan is determined | 176 |
to be invalid by an unappealed final order of a court of competent | 177 |
jurisdiction, the court shall convene the Ohio redistricting | 178 |
commission to adopt a new plan that is in compliance with the law, | 179 |
including the provisions of this article. In convening the | 180 |
commission under this section, the court may adjust the timelines | 181 |
established in this article as necessary for the timely adoption | 182 |
of a new plan. | 183 |
No court shall, in any circumstance, order the implementation | 184 |
or enforcement of any plan that has not been approved by the Ohio | 185 |
redistricting commission in the manner prescribed by this article. | 186 |
Section | 187 |
commission shall comply with all applicable Ohio and federal | 188 |
constitutional provisions and all applicable federal statutory | 189 |
provisions, including, but not limited to, those dealing | 190 |
specifically with the protection of minority voting rights. | 191 |
(B) Every | 192 |
assembly district shall be compact and composed of contiguous | 193 |
territory, and the boundary of each district shall be a single | 194 |
nonintersecting continuous line. To the extent consistent with the | 195 |
requirements | 196 |
lines of districts shall be | 197 |
containing one or more whole counties. | 198 |
| 199 |
article cannot feasibly be attained by forming a district from a | 200 |
whole county or counties, such district shall be formed by | 201 |
combining the whole areas of governmental units giving preference | 202 |
in the order named to counties, townships, municipalities, and | 203 |
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| 205 |
article cannot feasibly be attained by combining the areas of | 206 |
governmental units as prescribed in division | 207 |
section, only | 208 |
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district. In the case of congressional districts, the number of | 210 |
units divided per district may be more than two, but not more than | 211 |
necessary to achieve the ratio of representation in the congress | 212 |
as required by this article. In the selection of a unit for | 213 |
division under division (D) of this section, preference shall be | 214 |
given to a contiguous township, | 215 |
municipality, and a village in the order named. | 216 |
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(E) When the formation of competitive districts does not | 221 |
conflict with the other principles established by this article, | 222 |
the Ohio redistricting commission shall make its best efforts to | 223 |
maximize the number of competitive districts using the following | 224 |
criteria: | 225 |
(1) The commission shall determine the three most competitive | 226 |
general elections by percentage for nonjudicial statewide state or | 227 |
federal office, including the elections of a president and vice | 228 |
president of the United States, in which the candidates receiving | 229 |
the highest and second highest number of votes were the nominees | 230 |
of political parties, held in the three previous even-numbered | 231 |
years immediately preceding the year in which the commission meets | 232 |
to adopt new plans, provided that the two partisan candidates | 233 |
combined received at least ninety-five per cent of the total votes | 234 |
cast. | 235 |
(2) Using the three most competitive elections selected under | 236 |
division (E)(1) of this section, the commission shall determine | 237 |
the average partisan indexes for each proposed district by doing | 238 |
the following: | 239 |
(a) Taking the percentage of the vote received in the | 240 |
district for each of the two partisan candidates who received the | 241 |
highest vote totals counting only the votes cast for those two | 242 |
partisan candidates, then | 243 |
(b) Averaging together the three voting percentages for the | 244 |
candidates with the same partisan affiliation by dividing the sum | 245 |
of the percentages by the number three to yield the average | 246 |
partisan indexes for that district. | 247 |
(3) A "competitive district" is a district where the average | 248 |
partisan indexes determined by this section are not more than five | 249 |
per cent apart. | 250 |
Section | 251 |
representatives ratio of representation shall have as many house | 252 |
of representatives districts wholly within the boundaries of the | 253 |
county as it has whole ratios of representation. Any fraction of | 254 |
the population in excess of a whole ratio shall be a part of only | 255 |
one adjoining house of representatives district. | 256 |
The number of whole ratios of representation for a county | 257 |
shall be determined by dividing the population of the county by | 258 |
the ratio of representation for the house of representatives | 259 |
determined under | 260 |
Section | 261 |
section and Sections 3, 6, and 7 | 262 |
shall govern the establishment of house of representatives | 263 |
districts, which shall be created and numbered in the following | 264 |
order to the extent that such order is consistent with the | 265 |
foregoing standards: | 266 |
(A) Each county containing population substantially equal to | 267 |
one ratio of representation in the house of representatives, as | 268 |
provided in | 269 |
event less than ninety-five | 270 |
than one hundred five | 271 |
designated a representative district. | 272 |
(B) Each county containing population between ninety and | 273 |
ninety-five | 274 |
five and one hundred ten | 275 |
designated a representative district. | 276 |
(C) Proceeding in succession from the largest to the | 277 |
smallest, each remaining county containing more than one whole | 278 |
ratio of representation shall be divided into house of | 279 |
representatives districts. Any remaining territory within such | 280 |
county containing a fraction of one whole ratio of representation | 281 |
shall be included in one representative district by combining it | 282 |
with adjoining territory outside the county. | 283 |
(D) The remaining territory of the state shall be combined | 284 |
into representative districts. | 285 |
Section | 286 |
contiguous house of representatives districts. A county having at | 287 |
least one whole senate ratio of representation shall have as many | 288 |
senate districts wholly within the boundaries of the county as it | 289 |
has whole senate ratios of representation. Any fraction of the | 290 |
population in excess of a whole ratio shall be a part of only one | 291 |
adjoining senate district. Counties having less than one senate | 292 |
ratio of representation, but at least one house of representatives | 293 |
ratio of representation shall be part of only one senate district. | 294 |
The number of whole ratios of representation for a county | 295 |
shall be determined by dividing the population of the county by | 296 |
the ratio of representation in the senate determined under | 297 |
Section 2 of this | 298 |
Senate districts shall be numbered from one through | 299 |
thirty-three and as provided in | 300 |
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10. The standards prescribed in this section and | 302 |
Sections 3 and 6 of this article shall govern the establishment of | 303 |
congressional districts, which shall be created in the following | 304 |
order to the extent that such order is consistent with the | 305 |
foregoing standards: | 306 |
(A) The number of whole ratios of representation for a county | 307 |
shall be determined by dividing the population of the county by | 308 |
the ratio of representation in the congress determined under | 309 |
Section 2 of this article. | 310 |
(B) Proceeding in succession from the largest to the | 311 |
smallest, each county containing more than one whole ratio of | 312 |
representation shall be divided into the appropriate number of | 313 |
congressional districts. Any fraction of the county population in | 314 |
excess of a whole ratio of representation shall be included in one | 315 |
congressional district by combining it with adjoining territory | 316 |
outside the county. | 317 |
(C) The remaining territory of the state shall be combined | 318 |
into congressional districts. | 319 |
Section | 320 |
districts are changed in any plan of | 321 |
made pursuant to any provision of this | 322 |
whose term will not expire within two years of the time the plan | 323 |
of
| 324 |
remainder of the term for which
| 325 |
senate district which contains the largest portion of the | 326 |
population of the district from which | 327 |
and the district shall be given the number of the district from | 328 |
which the senator was elected. If more than one senator whose term | 329 |
will not so expire would represent the same district by following | 330 |
the provisions of this section, the | 331 |
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commission shall designate which senator shall represent the | 333 |
district and shall designate which district the other senator or | 334 |
senators shall represent for the balance of their term or terms. | 335 |
Section | 336 |
federal court shall have exclusive, original jurisdiction in all | 337 |
cases arising under this | 338 |
section of this Constitution relating to | 339 |
redistricting or any plan of
| 340 |
the | 341 |
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by | 343 |
344 | |
jurisdiction, then notwithstanding any other provisions of this | 345 |
Constitution, the | 346 |
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ascertain and determine a plan of | 348 |
conformity with such provisions of this Constitution as are then | 349 |
valid, including establishing terms of office and election of | 350 |
members of the general assembly from districts designated in the | 351 |
plan, to be used until the next regular | 352 |
redistricting in conformity with such provisions of this | 353 |
Constitution as are then valid. | 354 |
Notwithstanding any provision of this Constitution or any law | 355 |
regarding the residence of senators and representatives, a plan of | 356 |
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allow thirty days for persons to change residence in order to be | 358 |
eligible for election. | 359 |
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Section | 363 |
article are intended to be severable, and the invalidity of one or | 364 |
more of such provisions shall not affect the validity of the | 365 |
remaining provisions. | 366 |
367 | |
If adopted by a majority of the electors voting on this | 368 |
proposal, Sections 1, 2, 3, 5 (4), 6 (5), 7 (6), 8 (7), 10 (8), 11 | 369 |
(9), 12 (11), 13 (12), and 15 (13) of Article XI amended or | 370 |
amended and renumbered by this proposal and new Section 10 of | 371 |
Article XI enacted by this proposal shall take effect immediately | 372 |
and existing Sections 1, 2, 3, 5, 6, 7, 8, 10, 11, 12, 13, and 15 | 373 |
of Article XI and Sections Section 4. , Section 9. , and | 374 |
Section 14. of Article XI of the Constitution of the State of | 375 |
Ohio are repealed from that effective date. | 376 |
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The amendments to Section 12 (11) of Article XI of the Ohio | 378 |
Constitution in part substitute gender neutral for gender specific | 379 |
language. These gender neutralizing amendments are not intended to | 380 |
make a substantive change in the Ohio Constitution. The gender | 381 |
neutral language is to be construed as a restatement of, and | 382 |
substituted in a continuing way for, the corresponding gender | 383 |
specific language existing prior to adoption of the gender | 384 |
neutralizing amendments. | 385 |