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| Proposing to enact new Sections 1, 2, 3, 4, 5, 6, 7, | 1 |
| 8, 9, 10, 11, and 12 of Article XI and to repeal | 2 |
| Sections 13, 14, and 15 of Article XI of the | 3 |
| Constitution of the State of Ohio to revise the | 4 |
| redistricting process for General Assembly and | 5 |
| 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 |
| 14 | |
| 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 |
| (1) The governor; | 19 |
| (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 a final | 55 |
| congressional or general assembly district plan, the commission | 56 |
| shall conduct a minimum of three public hearings across the state | 57 |
| and shall seek public input regarding the proposed plans. All | 58 |
| meetings of the commission shall be open to the public. | 59 |
| The commission shall adopt final plans not earlier than the | 60 |
| last week of October of a year ending in the numeral one but not | 61 |
| later than the second week of November of a year ending in the | 62 |
| numeral one. After the commission adopts a plan, the commission | 63 |
| shall file the plan with the secretary of state. Upon filing with | 64 |
| the secretary of state, the plan shall become effective. | 65 |
| Not more than six weeks after the adoption of a congressional | 66 |
| plan and a general assembly plan, the co-chairpersons of the | 67 |
| commission shall jointly dissolve the commission. | 68 |
| (D) The general assembly shall be responsible for making the | 69 |
| appropriations it determines necessary in order for the commission | 70 |
| to perform its duties under this article. | 71 |
| (E) The attorney general shall be responsible for defending a | 72 |
| plan adopted by the commission in any legal action arising from | 73 |
| the process described in this article. | 74 |
| 2. Each congressional district shall be entitled to a | 75 |
| single representative in the United States house of | 76 |
| representatives in each congress. Each house of representatives | 77 |
| district shall be entitled to a single representative in each | 78 |
| general assembly. Each senate district shall be entitled to a | 79 |
| single senator in each general assembly. | 80 |
| 3. (A) The whole population of the state, as | 81 |
| determined by the federal decennial census or, if such is | 82 |
| unavailable, such other basis as the general assembly may direct, | 83 |
| shall be divided by the number "ninety-nine" and by the number | 84 |
| "thirty-three" and the quotients shall be the ratio of | 85 |
| representation in the house of representatives and in the senate, | 86 |
| respectively, for ten years next succeeding such redistricting. | 87 |
| (B) The population of each house of representatives district | 88 |
| shall be substantially equal to the ratio of representation in the | 89 |
| house of representatives, and the population of each senate | 90 |
| district shall be substantially equal to the ratio of | 91 |
| representation in the senate, as provided in division (A) of this | 92 |
| section. In no event shall any district contain a population of | 93 |
| less than ninety-five per cent nor more than one hundred five per | 94 |
| cent of the applicable ratio of representation, except as | 95 |
| otherwise provided in division (B) of Section 6 of this article. | 96 |
| 4. (A) Any plan adopted by the commission shall | 98 |
| comply with all applicable provisions of the constitutions of Ohio | 99 |
| and the United States and of federal law. | 100 |
| (B) No individual district shall be drawn primarily with the | 101 |
| intent to favor or disfavor a political party. | 102 |
| (C)(1) Every congressional and general assembly district | 103 |
| shall be compact and composed of contiguous territory, and the | 104 |
| boundary of each district shall be a single nonintersecting | 105 |
| continuous line. | 106 |
| (2) The commission shall attempt to avoid splitting political | 107 |
| subdivisions. As used in this section and Sections 6 and 9 of this | 108 |
| article, "political subdivision" means a county, a municipal | 109 |
| corporation, a township, or a municipal ward. | 110 |
| (a) Dividing a noncontiguous political subdivision shall not | 111 |
| be considered splitting the political subdivision if its | 112 |
| noncontiguous portions are included in separate districts. | 113 |
| However, dividing a noncontiguous political subdivision shall be | 114 |
| considered splitting the political subdivision if any | 115 |
| noncontiguous portion is divided into separate districts. | 116 |
| (b) Dividing, along a county line, a political subdivision | 117 |
| that has territory in more than one county shall not be considered | 118 |
| splitting the political subdivision. | 119 |
| (D) Where the requirements of this article cannot feasibly be | 120 |
| attained by combining whole political subdivisions, only two | 121 |
| political subdivisions, other than a county, may be divided per | 122 |
| house of representatives district. | 123 |
| (E) To the extent consistent with all other requirements of | 124 |
| this article, the commission shall preserve together whole | 125 |
| suburban, urban, and rural communities that share similar | 126 |
| characteristics. | 127 |
| 5. A county having at least one house of | 128 |
| representatives ratio of representation shall have as many house | 129 |
| of representatives districts wholly within the boundaries of the | 130 |
| county as it has whole ratios of representation. Any fraction of | 131 |
| the population in excess of a whole ratio shall be a part of only | 132 |
| one adjoining house of representatives district. | 133 |
| The number of whole ratios of representation for a county | 134 |
| shall be determined by dividing the population of the county by | 135 |
| the ratio of representation for the house of representatives | 136 |
| determined under Section 3 of this article. | 137 |
| 6. The standards prescribed in this section and | 138 |
| Sections 3, 4, and 5 of this article shall govern the | 139 |
| establishment of house of representatives districts, which shall | 140 |
| be created and numbered in the following order to the extent that | 141 |
| such order is consistent with the foregoing standards: | 142 |
| (A) Each county containing population substantially equal to | 143 |
| one ratio of representation in the house of representatives, as | 144 |
| provided in Section 3 of this article, but in no event less than | 145 |
| ninety-five per cent of the ratio nor more than one hundred five | 146 |
| per cent of the ratio, shall be designated a representative | 147 |
| district. | 148 |
| (B) Each county containing population between ninety and | 149 |
| ninety-five per cent of the ratio or between one hundred five and | 150 |
| one hundred ten per cent of the ratio may be designated a | 151 |
| representative district. | 152 |
| (C)(1) If political subdivisions must be divided in order to | 153 |
| create the remaining representative districts, those districts | 154 |
| shall be formed by combining the whole areas of political | 155 |
| subdivisions, beginning with the political subdivisions with the | 156 |
| smallest populations and proceeding to the largest. | 157 |
| (2) Proceeding in succession from the largest to the | 158 |
| smallest, each remaining county containing more than one whole | 159 |
| ratio of representation shall be divided into house of | 160 |
| representatives districts. Any remaining territory within such | 161 |
| county containing a fraction of one whole ratio of representation | 162 |
| shall be included in one representative district by combining it | 163 |
| with adjoining territory outside the county. | 164 |
| (3) Of the remaining territory of the state, where feasible, | 165 |
| multiple whole counties shall be combined as single representative | 166 |
| districts. | 167 |
| (4) Of the remaining territory of the state, the commission | 168 |
| shall attempt to draw the boundary lines of representative | 169 |
| districts as to delineate an area containing at least one whole | 170 |
| county and the necessary additional territory. | 171 |
| (D) The remaining territory of the state shall be combined | 172 |
| into representative districts. | 173 |
| (E) To the extent possible under the requirements of this | 174 |
| section, the commission shall attempt to give each house of | 175 |
| representatives district the same number as the previous house of | 176 |
| representatives district that covered that geographic area. | 177 |
| 7. Senate districts shall be composed of three | 178 |
| contiguous house of representatives districts. A county having at | 179 |
| least one whole senate ratio of representation shall have as many | 180 |
| senate districts wholly within the boundaries of the county as it | 181 |
| has whole senate ratios of representation. Any fraction of the | 182 |
| population in excess of a whole ratio shall be a part of only one | 183 |
| adjoining senate district. Counties having less than one senate | 184 |
| ratio of representation, but at least one house of representatives | 185 |
| ratio of representation shall be part of only one senate district. | 186 |
| The number of whole ratios of representation for a county | 187 |
| shall be determined by dividing the population of the county by | 188 |
| the ratio of representation in the senate determined under Section | 189 |
| 3 of this article. | 190 |
| Senate districts shall be numbered from one through | 191 |
| thirty-three and as provided in Section 10 of this article. To the | 192 |
| extent possible under the requirements of this section and Section | 193 |
| 10 of this article, the commission shall attempt to give each | 194 |
| senate district the same number as the previous senate district | 195 |
| that covered that geographic area. | 196 |
| 8. The standards prescribed in this section and | 197 |
| Section 4 of this article shall govern the establishment of | 198 |
| congressional districts, which shall be created in the following | 199 |
| order to the extent that such order is consistent with the | 200 |
| foregoing standards: | 201 |
| (A) The whole population of the state, as determined by the | 202 |
| federal decennial census, shall be divided by the number of | 203 |
| congressional districts apportioned to the state pursuant to | 204 |
| Section 2 of Article I of the constitution of the United States, | 205 |
| and the quotient shall be the congressional ratio of | 206 |
| representation for ten years next succeeding such apportionment. | 207 |
| (B) The number of whole ratios of representation for a county | 208 |
| shall be determined by dividing the population of the county by | 209 |
| the congressional ratio of representation. | 210 |
| (C) Proceeding in succession from the largest to the | 211 |
| smallest, each county containing more than one whole ratio of | 212 |
| representation shall be divided into the appropriate number of | 213 |
| congressional districts, as that county contains whole ratios of | 214 |
| representation. | 215 |
| (D) The remaining territory of the state shall be combined | 216 |
| into congressional districts. | 217 |
| 9. Notwithstanding the fact that boundaries of | 218 |
| political subdivisions within a district may be changed, district | 219 |
| boundaries shall be created by using the boundaries of political | 220 |
| subdivisions as they exist at the time of the federal decennial | 221 |
| census on which the redistricting is based, or, if unavailable, on | 222 |
| such other basis as the general assembly has directed. | 223 |
| 10. At any time the boundaries of senate districts | 224 |
| are changed in any plan of redistricting made pursuant to any | 225 |
| provision of this article, a senator whose term will not expire | 226 |
| within two years of the time the plan of redistricting is made | 227 |
| shall represent, for the remainder of the term for which the | 228 |
| senator was elected, the senate district which contains the | 229 |
| largest portion of the population of the district from which the | 230 |
| senator was elected, and the district shall be given the number of | 231 |
| the district from which the senator was elected. If more than one | 232 |
| senator whose term will not so expire would represent the same | 233 |
| district by following the provisions of this section, the | 234 |
| commission shall designate which senator shall represent the | 235 |
| district and shall designate which district the other senator or | 236 |
| senators shall represent for the balance of their term or terms. | 237 |
| 11. (A) The supreme court of Ohio shall have | 238 |
| exclusive, original jurisdiction in all cases arising under this | 239 |
| article. | 240 |
| (B) In the event that any section of this constitution | 241 |
| relating to redistricting or any plan of redistricting made by the | 242 |
| Ohio redistricting commission is determined to be invalid by an | 243 |
| unappealed final order of a court of competent jurisdiction then, | 244 |
| notwithstanding any other provisions of this constitution, the | 245 |
| commission shall reconvene to ascertain and determine a plan of | 246 |
| redistricting in conformity with such provisions of this | 247 |
| constitution as are then valid, including establishing terms of | 248 |
| office and election of members of the general assembly from | 249 |
| districts designated in the plan, to be used until the next | 250 |
| regular redistricting in conformity with such provisions of this | 251 |
| constitution as are then valid. | 252 |
| (C) Notwithstanding any provision of this constitution or any | 253 |
| law regarding the residence of senators and representatives, a | 254 |
| plan of redistricting made pursuant to this section shall allow | 255 |
| thirty days for persons to change residence in order to be | 256 |
| eligible for election. | 257 |
| (D) No court shall order, in any circumstance, the | 258 |
| implementation or enforcement of any plan that has not been | 259 |
| approved by the commission in the manner prescribed by this | 260 |
| article. | 261 |
| 12. The various provisions of this article are | 262 |
| intended to be severable, and the invalidity of one or more of | 263 |
| such provisions shall not affect the validity of the remaining | 264 |
| provisions. | 265 |
| 266 | |
| If adopted by a majority of the electors voting on this | 267 |
| proposal, new Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 | 268 |
| of Article XI take effect January 1, 2021 and existing Sections 1, | 269 |
| 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Article XI and Sections | 270 |
| 13, 14, and 15 of Article XI of the | 271 |
| Constitution of the State of Ohio are repealed from that effective | 272 |
| date. | 273 |