Author: Windows User

STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

HOUSE JOINT
RESOLUTION 1012	By:	Perryman

AS INTRODUCED

A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection proposed amendments to Sections 11A, 11B, 11C, 11D and 11E of Article V of the Constitution of the State of Oklahoma; modifying reapportionment procedure; eliminating reapportionment by the Legislature or the Bipartisan Commission on Legislative Reapportionment; abolishing the Commission; establishing the Reapportionment Commission; providing for selection; stating duties and powers; providing for filling of vacancies; prohibiting members of the Commission from becoming candidates for certain office for specified period of time; providing for compensation and travel reimbursement; providing term of office; providing for a secretary for the Commission and stating duties therefor; providing for funding; providing requirements for the order of apportionment; providing that order becomes effective after publication; providing for review of apportionment orders; providing duties of the Supreme Court; providing ballot title; and directing filing.

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE 1ST SESSION OF THE 54TH OKLAHOMA LEGISLATURE:
SECTION 1.  The Secretary of State shall refer to the people for their approval or rejection, as and in the manner provided by law, the following proposed amendment to Sections 11A, 11B, 11C, 11D and 11E of Article V of the Constitution of the State of Oklahoma to read as follows:
Section 11A.  A.  The apportionment of the Legislature and United States Congressional districts shall be accomplished by the ~~Legislature~~ Reapportionment Commission established in subsection B of this section according to the provisions of this article, within ninety (90) legislative days after the convening of the first regular session of the Legislature following each Federal Decennial Census.  ~~If the Legislature shall fail or refuse to make such apportionment within the time provided herein, then such apportionment shall be accomplished by the~~ The Bipartisan Commission on Legislative Apportionment~~, according to the provisions of this article.  The Commission shall be composed of seven (7) members as follows:  the Lieutenant Governor, who shall be nonvoting and the chair of the Commission; two members, one republican and one democrat, appointed by the President Pro Tempore of the Senate; two members, one republican and one democrat, appointed by the Speaker of the House of Representatives; and two members, one republican and one democrat, appointed by the Governor~~ is hereby abolished.
B.  The Reapportionment Commission shall be selected during the first week of the first regular session of the Legislature following each Federal Decennial Census and whenever reapportionment is required by court order.  The Commission shall consist of nine (9) members as follows:  The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall each select two members.  The Minority Leaders of each house of the Legislature shall each select two members.  The ninth member shall be selected by the Commission by majority vote.  A vacancy on the Commission shall be filled by the initial appointing authority within fifteen (15) days after the vacancy occurs.  If a vacancy is not filled within the required time, the vacancy shall be filled by the Chief Justice of the Supreme Court.  The appointments shall be certified to the Secretary of State within thirty (30) days of appointment.  The Commission shall act by majority vote of its membership and shall establish its own procedures, except as provided by law.
C.  No member of the Reapportionment Commission shall be eligible to become a candidate for election to either house of the Legislature or to the United States House of Representatives in either of the first two elections that are subject to an order of apportionment approved by the Commission.
D.  Commission members shall be compensated and reimbursed for their necessary expenses as provided by law.
E.  Commission members shall hold office until each order of apportionment becomes effective or until such time as may be provided by law.
F.  The Secretary of the State Election Board shall serve as secretary to the Commission and shall furnish all necessary personnel and technical service.  The secretary shall not be a voting member of the Commission.  The Legislature shall appropriate funds to enable the Commission to carry out the duties required by this Article.
Section 11B.  Each order of apportionment rendered by the ~~Bipartisan Commission on Legislative Apportionment~~ Reapportionment Commission shall be in writing and shall be filed with the Secretary of State and shall be signed by at least ~~four~~ five members of the Commission.  An order of apportionment shall become effective after publication as provided by law.
Section 11C.  Any qualified elector may seek a review of any apportionment order of the Reapportionment Commission~~, or apportionment law of the legislature,~~ within sixty (60) days from the filing thereof, by filing in the Supreme Court of Oklahoma a petition which must set forth a proposed apportionment more nearly in accordance with this Article.  Any apportionment of either the Senate or the House of Representatives, as ordered by the Commission~~, or apportionment law of the legislature,~~ from which review is not sought within such time, shall become final.  The ~~court~~ Court shall give all cases involving apportionment precedence over all other cases and proceedings; and if ~~said court be~~ the Court is not in session, it shall convene promptly for the disposal of the same.
Section 11D.  Upon review, the Supreme Court shall determine whether or not the apportionment order of the Reapportionment Commission ~~or act of the legislature~~ is in compliance with the formula as set forth in this Article and, if so, it shall require the same to be filed or refiled as the case may be with the Secretary of State forthwith, and such apportionment shall become final on the date of said writ.  In the event the Supreme Court shall determine that the apportionment order of said Commission ~~or legislative act~~ is not in compliance with the formula for either the Senate or the House of Representatives as set forth in this Article, it will remand the matter to the Commission with directions to modify its order to achieve conformity with the provisions of this Article.
Section 11E.  The Supreme Court, upon petition of any qualified elector alleging failure of the Reapportionment Commission to timely act, is hereby vested with original jurisdiction to compel, and shall compel, the Commission to make the apportionment as herein provided.  It shall also have exclusive jurisdiction of any review hereunder.  If more than one petition be filed, the ~~court~~ Court shall consolidate such proceedings for hearing and disposition, and shall file its opinion and issue its writ within sixty (60) days from the timely filing of such last petition.  In the event any action filed hereunder shall be abandoned or dismissed, any other qualified elector shall be allowed to intervene within ten (10) days thereof.
SECTION 2.  The Ballot Title for the proposed Constitutional amendment as set forth in SECTION 1 of this resolution shall be in the following form:
BALLOT TITLE
Legislative Referendum No. ____	State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
This proposal amends the Oklahoma Constitution.  It amends sections of the Constitution that deal with reapportionment of the State Legislature and United States Congressional districts.  Currently reapportionment is accomplished by the Legislature.  If the Legislature fails to act, reapportionment is done by the Bipartisan Commission on Apportionment.  This amendment would change how reapportionment is accomplished in Oklahoma.  The Legislature would no longer be in charge of reapportionment.  The amendment would also abolish with the Bipartisan Commission on Apportionment and replace it with the Reapportionment Commission.  The Reapportionment Commission would have full authority and the duty to establish the apportionment orders for each house of the state Legislature and for the state’s Congressional districts.  Procedures for review of orders and compelling that orders be established would not change.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES	_____________
AGAINST THE PROPOSAL — NO 	_____________
SECTION 3.  The Chief Clerk of the House of Representatives, immediately after the passage of this resolution, shall prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General.

54-1-6081	SD	01/15/13

Req. No. 6081	Page