Bill Title: Proposing to enact new Sections 1, 2, 3, 4, 5, 6, 7,
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-12-13 - Passed 3rd Consideration House
[SJR5 Detail]Download: Ohio-2011-SJR5-Comm_Sub.html
As Reported by the Senate State and Local Government and Veterans Affairs Committee 129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Turner, Faber
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 13, 14, and 15 of Article XI of the | 3 |
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Constitution of the State of Ohio to revise the | 4 |
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redistricting process for General Assembly and | 5 |
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Congressional 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 5, 2013, 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 congress and | 16 |
the general assembly. The commission shall consist of the | 17 |
following seven 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 the general assembly or 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. The affirmative vote of five members of | 35 |
the commission, including at least one member of the commission | 36 |
who is a member of a political party other than the largest one | 37 |
represented on the commission, shall be required to adopt any | 38 |
plan. | 39 |
(C) At the first meeting of the commission, which the | 40 |
governor shall convene only in a year ending in the numeral one, | 41 |
except as provided in Section 11 of this article, the members | 42 |
shall select co-chairpersons, one of whom shall be a member of a | 43 |
political party other than the largest one represented on the | 44 |
commission, and set a schedule for the adoption of procedural | 45 |
rules for the operation of the commission. | 46 |
Not later than the fifteenth day of September of a year | 47 |
ending in the numeral one, the commission shall release to the | 48 |
public a proposed plan for the boundaries for each of the | 49 |
ninety-nine house of representatives districts and the | 50 |
thirty-three senate districts, and a proposed plan for the | 51 |
prescribed number of congressional districts as apportioned to the | 52 |
state pursuant to Section 2 of Article 1 of the constitution of | 53 |
the United States. The commission shall draft each proposed plan | 54 |
in the manner prescribed in this article. Before adopting, but | 55 |
after introducing, a final congressional or general assembly | 56 |
district plan, the commission shall conduct a minimum of three | 57 |
public hearings across the state and shall seek public input | 58 |
regarding the proposed plans. All meetings of the commission shall | 59 |
be open to the public. Meetings shall be broadcast by electronic | 60 |
means of transmission using a medium readily accessible by the | 61 |
general public, subject to the discretion of the commission. | 62 |
The commission shall adopt final plans not earlier than the | 63 |
last week of October of a year ending in the numeral one but not | 64 |
later than the second week of November of a year ending in the | 65 |
numeral one. After the commission adopts a plan, the commission | 66 |
shall file the plan with the secretary of state. Upon filing with | 67 |
the secretary of state, the plan shall become effective. | 68 |
Not more than six weeks after the adoption of a congressional | 69 |
plan and a general assembly plan, the co-chairpersons of the | 70 |
commission shall jointly dissolve the commission. | 71 |
(D) The general assembly shall be responsible for making the | 72 |
appropriations it determines necessary in order for the commission | 73 |
to perform its duties under this article. | 74 |
(E) The attorney general shall be responsible for defending a | 75 |
plan adopted by the commission in any legal action arising from | 76 |
the process described in this article. | 77 |
2. Each congressional district shall be entitled to a | 78 |
single representative in the United States house of | 79 |
representatives in each congress. Each house of representatives | 80 |
district shall be entitled to a single representative in each | 81 |
general assembly. Each senate district shall be entitled to a | 82 |
single senator in each general assembly. | 83 |
3. (A) The whole population of the state, as | 84 |
determined by the federal decennial census or, if such is | 85 |
unavailable, such other basis as the general assembly may direct, | 86 |
shall be divided by the number "ninety-nine" and by the number | 87 |
"thirty-three" and the quotients shall be the ratio of | 88 |
representation in the house of representatives and in the senate, | 89 |
respectively, for ten years next succeeding such redistricting. | 90 |
(B) The population of each house of representatives district | 91 |
shall be substantially equal to the ratio of representation in the | 92 |
house of representatives, and the population of each senate | 93 |
district shall be substantially equal to the ratio of | 94 |
representation in the senate, as provided in division (A) of this | 95 |
section. In no event shall any district contain a population of | 96 |
less than ninety-five per cent nor more than one hundred five per | 97 |
cent of the applicable ratio of representation, except as | 98 |
otherwise provided in division (B) of Section 6 of this article. | 99 |
4. (A) Any plan adopted by the commission shall | 101 |
comply with all applicable provisions of the constitutions of Ohio | 102 |
and the United States and of federal law. | 103 |
(B) No individual district shall be drawn primarily with the | 104 |
intent to favor or disfavor a political party. | 105 |
(C)(1) Every congressional and general assembly district | 106 |
shall be compact and composed of contiguous territory, and the | 107 |
boundary of each district shall be a single nonintersecting | 108 |
continuous line. | 109 |
(2) The commission shall avoid splitting political | 110 |
subdivisions. As used in this section and Sections 6 and 9 of this | 111 |
article, "political subdivision" means a county, a municipal | 112 |
corporation, a township, or a municipal ward. | 113 |
(a) Dividing a noncontiguous political subdivision shall not | 114 |
be considered splitting the political subdivision if its | 115 |
noncontiguous portions are included in separate districts. | 116 |
However, dividing a noncontiguous political subdivision shall be | 117 |
considered splitting the political subdivision if any | 118 |
noncontiguous portion is divided into separate districts. | 119 |
(b) Dividing, along a county line, a political subdivision | 120 |
that has territory in more than one county shall not be considered | 121 |
splitting the political subdivision. | 122 |
(D) Notwithstanding the other provisions of this article, | 123 |
where it is necessary to divide political subdivisions, only two | 124 |
political subdivisions, other than a county, may be divided per | 125 |
house of representatives district. | 126 |
(E) Subject to all other requirements of this article, the | 127 |
commission shall preserve together whole suburban, urban, and | 128 |
rural communities that share similar characteristics. | 129 |
5. A county having at least one house of | 130 |
representatives ratio of representation shall have as many house | 131 |
of representatives districts wholly within the boundaries of the | 132 |
county as it has whole ratios of representation. Any fraction of | 133 |
the population in excess of a whole ratio shall be a part of only | 134 |
one adjoining house of representatives district. | 135 |
The number of whole ratios of representation for a county | 136 |
shall be determined by dividing the population of the county by | 137 |
the ratio of representation for the house of representatives | 138 |
determined under Section 3 of this article. | 139 |
6. The standards prescribed in this section and | 140 |
Sections 3, 4, and 5 of this article shall govern the | 141 |
establishment of house of representatives districts, which shall | 142 |
be created and numbered in the following order to the extent that | 143 |
such order is consistent with the foregoing standards: | 144 |
(A) Each county containing population substantially equal to | 145 |
one ratio of representation in the house of representatives, as | 146 |
provided in Section 3 of this article, but in no event less than | 147 |
ninety-five per cent of the ratio nor more than one hundred five | 148 |
per cent of the ratio, shall be designated a representative | 149 |
district. | 150 |
(B) Each county containing population between ninety and | 151 |
ninety-five per cent of the ratio or between one hundred five and | 152 |
one hundred ten per cent of the ratio may be designated a | 153 |
representative district. | 154 |
(C)(1) If political subdivisions must be divided in order to | 155 |
create the remaining representative districts, those districts | 156 |
shall be formed by combining the whole areas of political | 157 |
subdivisions, beginning with the political subdivisions with the | 158 |
smallest populations and proceeding to the largest. | 159 |
(2) Proceeding in succession from the largest to the | 160 |
smallest, each remaining county containing more than one whole | 161 |
ratio of representation shall be divided into house of | 162 |
representatives districts. Any remaining territory within such | 163 |
county containing a fraction of one whole ratio of representation | 164 |
shall be included in one representative district by combining it | 165 |
with adjoining territory outside the county. | 166 |
(3) Of the remaining territory of the state, where feasible, | 167 |
multiple whole counties shall be combined as single representative | 168 |
districts.
| 169 |
(4) Of the remaining territory of the state, the commission | 170 |
shall draw the boundary lines of representative districts as to | 171 |
delineate an area containing at least one whole county and the | 172 |
necessary additional territory.
| 173 |
(D) The remaining territory of the state shall be combined | 174 |
into representative districts. | 175 |
7. Senate districts shall be composed of three | 176 |
contiguous house of representatives districts. A county having at | 177 |
least one whole senate ratio of representation shall have as many | 178 |
senate districts wholly within the boundaries of the county as it | 179 |
has whole senate ratios of representation. Any fraction of the | 180 |
population in excess of a whole ratio shall be a part of only one | 181 |
adjoining senate district. Counties having less than one senate | 182 |
ratio of representation, but at least one house of representatives | 183 |
ratio of representation shall be part of only one senate district. | 184 |
The number of whole ratios of representation for a county | 185 |
shall be determined by dividing the population of the county by | 186 |
the ratio of representation in the senate determined under Section | 187 |
3 of this article. | 188 |
Senate districts shall be numbered from one through | 189 |
thirty-three and as provided in Section 10 of this article. | 190 |
8. The standards prescribed in this section and | 191 |
Section 4 of this article shall govern the establishment of | 192 |
congressional districts, which shall be created in the following | 193 |
order so long as such order is consistent with the foregoing | 194 |
standards: | 195 |
(A) The whole population of the state, as determined by the | 196 |
federal decennial census, shall be divided by the number of | 197 |
congressional districts apportioned to the state pursuant to | 198 |
Section 2 of Article I of the constitution of the United States, | 199 |
and the quotient shall be the congressional ratio of | 200 |
representation for ten years next succeeding such apportionment. | 201 |
(B) The number of whole ratios of representation for a county | 202 |
shall be determined by dividing the population of the county by | 203 |
the congressional ratio of representation. | 204 |
(C) Proceeding in succession from the largest to the | 205 |
smallest, each county containing more than one whole ratio of | 206 |
representation shall be divided into the appropriate number of | 207 |
congressional districts, as that county contains whole ratios of | 208 |
representation. | 209 |
(D) The remaining territory of the state shall be combined | 210 |
into congressional districts. | 211 |
9. Notwithstanding the fact that boundaries of | 212 |
political subdivisions within a district may be changed, district | 213 |
boundaries shall be created by using the boundaries of political | 214 |
subdivisions as they exist at the time of the federal decennial | 215 |
census on which the redistricting is based, or, if unavailable, on | 216 |
such other basis as the general assembly has directed. | 217 |
10. At any time the boundaries of senate districts | 218 |
are changed in any plan of redistricting made pursuant to any | 219 |
provision of this article, a senator whose term will not expire | 220 |
within two years of the time the plan of redistricting is made | 221 |
shall represent, for the remainder of the term for which the | 222 |
senator was elected, the senate district which contains the | 223 |
largest portion of the population of the district from which the | 224 |
senator was elected, and the district shall be given the number of | 225 |
the district from which the senator was elected. If more than one | 226 |
senator whose term will not so expire would represent the same | 227 |
district by following the provisions of this section, the | 228 |
commission shall designate which senator shall represent the | 229 |
district and shall designate which district the other senator or | 230 |
senators shall represent for the balance of their term or terms. | 231 |
11. (A) The supreme court of Ohio shall have | 232 |
exclusive, original jurisdiction in all cases arising under this | 233 |
article. | 234 |
(B) In the event that any section of this constitution | 235 |
relating to redistricting or any plan of redistricting made by the | 236 |
Ohio redistricting commission is determined to be invalid by an | 237 |
unappealed final order of a court of competent jurisdiction then, | 238 |
notwithstanding any other provisions of this constitution, the | 239 |
commission shall reconvene to ascertain and determine a plan of | 240 |
redistricting in conformity with such provisions of this | 241 |
constitution as are then valid, including establishing terms of | 242 |
office and election of members of the general assembly from | 243 |
districts designated in the plan, to be used until the next | 244 |
regular redistricting in conformity with such provisions of this | 245 |
constitution as are then valid. | 246 |
(C) Notwithstanding any provision of this constitution or any | 247 |
law regarding the residence of senators and representatives, a | 248 |
plan of redistricting made pursuant to this section shall allow | 249 |
thirty days for persons to change residence in order to be | 250 |
eligible for election. | 251 |
(D) No court shall order, in any circumstance, the | 252 |
implementation or enforcement of any plan that has not been | 253 |
approved by the commission in the manner prescribed by this | 254 |
article. | 255 |
12. The various provisions of this article are | 256 |
intended to be severable, and the invalidity of one or more of | 257 |
such provisions shall not affect the validity of the remaining | 258 |
provisions. | 259 |
EFFECTIVE DATE AND REPEAL | 260 |
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If adopted by a majority of the electors voting on this | 261 |
proposal, new Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 | 262 |
of Article XI take effect January 1, 2021 and existing Sections 1, | 263 |
2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Article XI and Sections | 264 |
13, 14, and 15 of Article XI of the | 265 |
Constitution of the State of Ohio are repealed from that effective | 266 |
date. | 267 |