August 18, 2015, Introduced by Reps. Hoadley, Moss, Smiley, Chang, Cochran, Greig, Chirkun, Wittenberg, Yanez, Byrd, Pagan, Gay-Dagnogo, Banks, Irwin, Darany, Faris, Schor, Geiss, Brinks, Hovey-Wright, Dianda, Brunner, Garrett, LaVoy, Driskell, Sarah Roberts, Kivela, Plawecki, Liberati, Townsend, Derek Miller, Singh, Love, Kosowski and Zemke and referred to the Committee on Elections.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending sections 2, 3, and 6 of article
IV, to modify congressional and legislative apportionment and
districting and create a citizens redistricting commission.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to modify congressional and legislative
apportionment and districting and create a citizens redistricting
commission, is proposed, agreed to, and submitted to the people of
the state:
ARTICLE IV
Sec. 2. The senate shall consist of 38 members to be elected
from single member districts at the same election as the governor
for four-year terms concurrent with the term of office of the
governor.
In
districting the state for the purpose of electing senators
after
the official publication of the total population count of
each
federal decennial census, each county shall be assigned
apportionment
factors equal to the sum of its percentage of the
state's
population as shown by the last regular federal decennial
census
computed to the nearest one-one hundredth of one percent
multiplied
by four and its percentage of the state's land area
computed
to the nearest one-one hundredth of one percent.
In
arranging the state into senatorial districts, the
apportionment
commission shall be governed by the following rules:
(1)
Counties with 13 or more apportionment factors shall be
entitled
as a class to senators in the proportion that the total
apportionment
factors of such counties bear to the total
apportionment
factors of the state computed to the nearest whole
number.
After each such county has been allocated one senator, the
remaining
senators to which this class of counties is entitled
shall
be distributed among such counties by the method of equal
proportions
applied to the apportionment factors.
(2)
Counties having less than 13 apportionment factors shall
be
entitled as a class to senators in the proportion that the total
apportionment
factors of such counties bear to the total
apportionment
factors of the state computed to the nearest whole
number.
Such counties shall thereafter be arranged into senatorial
districts
that are compact, convenient, and contiguous by land, as
rectangular
in shape as possible, and having as nearly as possible
13
apportionment factors, but in no event less than 10 or more than
16.
Insofar as possible, existing senatorial districts at the time
of
reapportionment shall not be altered unless there is a failure
to
comply with the above standards.
(3)
Counties entitled to two or more senators shall be divided
into
single member districts. The population of such districts
shall
be as nearly equal as possible but shall not be less than 75
percent
nor more than 125 percent of a number determined by
dividing
the population of the county by the number of senators to
which
it is entitled. Each such district shall follow incorporated
city
or township boundary lines to the extent possible and shall be
compact,
contiguous, and as nearly uniform in shape as possible.
Sec. 3. The house of representatives shall consist of 110
members elected for two-year terms from single member districts
apportioned on a basis of population as provided in this article.
The districts shall consist of compact and convenient territory
contiguous by land.
Each
county which has a population of not less than seven-
tenths
of one percent of the population of the state shall
constitute
a separate representative area. Each county having less
than
seven-tenths of one percent of the population of the state
shall
be combined with another county or counties to form a
representative
area of not less than seven-tenths of one percent of
the
population of the state. Any county which is isolated under the
initial
allocation as provided in this section shall be joined with
that
contiguous representative area having the smallest percentage
of
the state's population. Each such representative area shall be
entitled
initially to one representative.
After
the assignment of one representative to each of the
representative
areas, the remaining house seats shall be
apportioned
among the representative areas on the basis of
population
by the method of equal proportions.
Any
county comprising a representative area entitled to two or
more
representatives shall be divided into single member
representative
districts as follows:
(1)
The population of such districts shall be as nearly equal
as
possible but shall not be less than 75 percent nor more than 125
percent
of a number determined by dividing the population of the
representative
area by the number of representatives to which it is
entitled.
(2)
Such single member districts shall follow city and
township
boundaries where applicable and shall be composed of
compact
and contiguous territory as nearly square in shape as
possible.
Any
representative area consisting of more than one county,
entitled
to more than one representative, shall be divided into
single
member districts as equal as possible in population,
adhering
to county lines.
Sec.
6. A The citizens
redistricting commission on legislative
and congressional apportionment is hereby established consisting of
eight
electors, four of whom fourteen
members, as follows: five
members each shall be selected by the state organizations of each
of the two political parties whose candidates for governor received
the highest vote at the last general election at which a governor
was
elected, preceding each apportionment. If a candidate for
governor
of a third political party has received at such election
more
than 25 percent of such gubernatorial vote, the commission
shall
consist of 12 members, four of whom shall be selected by the
state
organization of the third political party. One resident of
each
of the following four regions shall be selected by each
political
party organization: (1) the upper peninsula; (2) the
northern
part of the lower peninsula, north of a line drawn along
the
northern boundaries of the counties of Bay, Midland, Isabella,
Mecosta,
Newaygo and Oceana; (3) southwestern Michigan, those
counties
south of region (2) and west of a line drawn along the
western
boundaries of the counties of Bay, Saginaw, Shiawassee,
Ingham,
Jackson and Hillsdale; (4) southeastern Michigan, the
remaining
counties of the state. and
four members who are not
affiliated with either of those two political parties chosen as
provided by law. Each member of the commission shall be an elector
of this state. Each member of the commission shall be committed to
applying the provisions of this section in an impartial manner that
reinforces the public confidence in the integrity of the
redistricting and apportionment process.
No officers or employees of the federal, state or
local
governments,
excepting notaries public and members of the armed
forces
reserve, shall be Individuals
who have been appointed to or
elected to or are a candidate for any public office or the office
of notary public, have served as an officer of a political party,
have received compensation as a registered lobbyist in the
immediately preceding ten-year period, or any other individuals as
provided by law are not eligible for membership on the commission.
Members
of the commission shall are
not be eligible for election to
the
legislature or appointment to
public office or to receive
compensation
as a registered lobbyist until two five years
after
the apportionment in which they participated becomes effective.
The
commission shall be appointed immediately after the
adoption
of this constitution not
later than January 1 in the year
immediately following the federal decennial census and whenever
apportionment or districting of the legislature is required by the
provisions of this constitution. Members of the commission shall
hold office until each apportionment or districting plan becomes
effective. Vacancies shall be filled in the same manner as for
original appointment.
The secretary of state shall be secretary of the commission
without vote, and in that capacity shall furnish, under the
direction of the commission, all necessary technical services. The
commission
shall elect its own chairman, chairperson
and shall make
its own rules of procedure, and shall receive compensation provided
by law. The legislature shall appropriate funds to enable the
commission to carry out its activities.
Within 30 days after the adoption of this
constitution, and
after
the official total population count of each federal decennial
census
of the state and its political subdivisions is available,
the
The secretary of state shall issue a call convening the
commission
not less than 30 nor more than 45 days thereafter. by
March 1 or one month after census data is released, whichever is
later, in the year immediately following the federal decennial
census.
The commission shall complete its work within
180 days
after
all necessary census information is available not later than
September 15 in the year immediately following the federal
decennial census. The commission shall proceed to district and
apportion the senate and house of representatives and congressional
representation according to the provisions of this constitution.
All
final decisions shall require the concurrence of a majority of
the
at least nine members of the commission, including at least
three members of the political party whose candidate for governor
received the highest vote at the last general election, three
members of the political party whose candidate for governor
received the second highest vote at the last general election, and
three members who are not affiliated with either of those two
political parties. The commission shall hold public hearings and
conduct
all its business at open meetings as may
be provided by
law.
Each final apportionment and districting plan shall be
published as provided by law within 30 days from the date of its
adoption and shall become law 60 days after publication. The
secretary of state shall keep a public record of all the
proceedings of the commission and shall be responsible for the
publication and distribution of each plan.
If
a majority of the commission cannot agree on a plan, each
member
of the commission, individually or jointly with other
members,
may submit a proposed plan to the supreme court. The
supreme
court shall determine which plan complies most accurately
with
the constitutional requirements and shall direct that it be
adopted
by the commission and published as provided in this
section.
Upon
the application of any elector filed not later than 60
days
after final publication of the plan, the supreme court, in the
exercise
of original jurisdiction, shall direct the secretary of
state
or the commission to perform their duties, may review any
final
plan adopted by the commission, and shall remand such plan to
the
commission for further action if it fails to comply with the
requirements
of this constitution.
In arranging this state into congressional, house, and senate
districts, the citizens redistricting commission shall be governed
by the following rules:
(1) Districts shall not be drawn for the purpose of favoring a
political party, incumbent legislator or member of congress, or
other person or for the purpose of augmenting or diluting the
voting strength of a community of interest.
(2) Districts shall be of equal population to the extent
practicable.
(3) Districts shall comply with the United States Constitution
and federal law.
(4) Districts shall be geographically compact and contiguous
to the extent practicable.
(5) District boundaries shall respect communities of interest
to the extent practicable.
(6) Districts shall use visible geographic features, city,
town, and county boundaries, and undivided tracts to the extent
practicable.
(7) Each representative district shall be wholly included
within a single senatorial district and, so far as possible, each
representative and each senatorial district shall be included
within a single congressional district. The requirements that
districts be compact, be contiguous, respect communities of
interest, be of equal population, and use visible geographic
features shall take precedence over this rule.
The supreme court shall have original and exclusive
jurisdiction to hear and decide all cases involving congressional
and legislative redistricting. If the commission does not adopt a
redistricting plan by the established deadline, the supreme court
may be petitioned, requesting that the court prepare a
redistricting plan in compliance with this constitution.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.