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Proposing to enact Section 43 of Article II of the | 1 |
Constitution of the State of Ohio to establish a | 2 |
constitutional process for congressional | 3 |
redistricting. | 4 |
Be it resolved by the General Assembly of the State of Ohio, | 5 |
three-fifths of the members elected to each house concurring | 6 |
herein, that there shall be submitted to the electors of the | 7 |
state, in the manner prescribed by law at the general election to | 8 |
be held on November 3, 2015, a proposal to enact Section 43 of | 9 |
Article II of the Constitution of Ohio to read as follows: | 10 |
43. (A)(1) The general assembly shall be responsible | 11 |
for the redistricting of this state for congress based on the | 12 |
prescribed number of congressional districts apportioned to the | 13 |
state pursuant to Section 2 of Article 1 of the Constitution of | 14 |
the United States. Each congressional district shall be entitled | 15 |
to a single representative in the United States house of | 16 |
representatives in each congress. | 17 |
(2) Congressional districts shall be created in the following | 18 |
order: | 19 |
(a) The whole population of the state, as determined by the | 20 |
federal decennial census, shall be divided by the number of | 21 |
congressional districts apportioned to the state pursuant to | 22 |
Section 2 of Article 1 of the Constitution of the United States, | 23 |
and the quotient shall be the congressional ratio of | 24 |
representation for the ten years next succeeding such | 25 |
apportionment. | 26 |
(b) Proceeding in succession from the largest to the | 27 |
smallest, each county that, based on population, could contain | 28 |
more than one whole congressional district shall be divided into | 29 |
not more congressional districts than the number of whole | 30 |
congressional districts the county could contain, plus one. | 31 |
(c) The remaining territory of the state shall be combined | 32 |
into congressional districts. | 33 |
(3) A congressional district plan shall comply with all | 34 |
applicable provisions of the Constitution of the United States and | 35 |
of federal law. | 36 |
(B) Except as otherwise provided in division (D) of this | 37 |
section or by a final unappealed order of a court of competent | 38 |
jurisdiction, a congressional district plan shall become effective | 39 |
only in a year ending in the numeral one. | 40 |
(C)(1)(a) A joint legislative committee shall be responsible | 41 |
to propose a congressional district plan. The committee shall | 42 |
consist of the following six members, each of whom shall be a | 43 |
current member of the general assembly: | 44 |
(i) Two persons appointed by the speaker of the house of | 45 |
representatives; | 46 |
(ii) Two persons appointed by the president of the senate; | 47 |
(iii) One person appointed by the legislative leader of the | 48 |
largest political party in the house of representatives of which | 49 |
the speaker is not a member; | 50 |
(iv) One person appointed by the legislative leader of the | 51 |
largest political party in the senate of which the president of | 52 |
the senate is not a member. | 53 |
(b) Not later than the fifteenth day of August of a year | 54 |
ending in the numeral one, the committee shall propose a | 55 |
congressional district plan to the general assembly by the | 56 |
affirmative vote of four members of the committee, including at | 57 |
least one member of the committee who is a member of the largest | 58 |
political party represented in the general assembly and one member | 59 |
of the committee who is a member of the second largest political | 60 |
party represented in the general assembly. | 61 |
(c) If the committee fails to propose a congressional | 62 |
district plan to the general assembly not later than the | 63 |
fifteenth day of August of a year ending in the numeral one, in | 64 |
accordance with division (C)(1)(b) of this section, the committee | 65 |
shall propose a congressional district plan to the general | 66 |
assembly not later than the fifteenth day of September of that | 67 |
year. The proposal of a district plan under this division shall | 68 |
require the affirmative vote of four members of the committee, | 69 |
including at least two members of the committee who are | 70 |
representatives and two members of the committee who are senators. | 71 |
(2)(a) Notwithstanding division (A) of Section 15 of this | 72 |
article, the general assembly shall vote on whether to adopt a | 73 |
plan proposed under division (C)(1) of this section, without | 74 |
amendment, by joint resolution. If the district plan was proposed | 75 |
under division (C)(1)(b) of this section, the general assembly | 76 |
shall vote on whether to adopt the proposed plan not later than | 77 |
the thirty-first day of August of that year. If the district plan | 78 |
was proposed under division (C)(1)(c) of this section, the general | 79 |
assembly shall vote on whether to adopt the proposed plan not | 80 |
later than the first day of October of that year. The adoption of | 81 |
the proposed district plan shall require the affirmative vote of a | 82 |
majority of the members elected to each house of the general | 83 |
assembly. After the district plan is adopted, it shall be filed | 84 |
with the secretary of state. Upon filing with the secretary of | 85 |
state, the plan shall become effective. | 86 |
(b) If the general assembly fails to adopt the proposed | 87 |
congressional district plan not later than the applicable deadline | 88 |
prescribed by division (C)(2)(a) of this section, the proposed | 89 |
congressional district plan shall be filed with the secretary of | 90 |
state. Upon filing with the secretary of state, the plan shall | 91 |
become effective. | 92 |
(D)(1) A district plan that meets any of the following | 93 |
conditions shall be effective for elections occurring in the year | 94 |
following the year in which the plan became effective and shall be | 95 |
subject to a vote of the electors as provided in division (D)(2) | 96 |
of this section: | 97 |
(a) The plan was proposed under division (C)(1)(b) of this | 98 |
section, was not adopted by the general assembly, and became | 99 |
effective under division (C)(2)(b) of this section. | 100 |
(b) The plan was proposed under division (C)(1)(c) of this | 101 |
section and was adopted by the general assembly under division | 102 |
(C)(2)(a) of this section. | 103 |
(c) The plan was proposed under division (C)(1)(c) of this | 104 |
section, was not adopted by the general assembly, and became | 105 |
effective under division (C)(2)(b) of this section. | 106 |
(2) At the general election conducted in the year following | 107 |
the year in which the plan became effective, the following | 108 |
question shall be submitted to the electors of the state: | 109 |
"Shall the Ohio General Assembly draw new congressional | 110 |
districts?" | 111 |
(3) If a majority of the electors vote in favor of requiring | 112 |
the general assembly to draw new congressional districts, not | 113 |
earlier than the first day of February of the following year, the | 114 |
joint legislative committee shall propose, and the general | 115 |
assembly shall adopt, new congressional districts in accordance | 116 |
with this section. The new plan shall be drawn using the same | 117 |
population data as were used to draw the plan described in | 118 |
division (D)(1) of this section. | 119 |
(4) If a majority of the electors vote against requiring the | 120 |
general assembly to draw new congressional districts, the district | 121 |
plan described in division (D)(1) of this section shall remain in | 122 |
effect until one-half of the general elections for congress | 123 |
scheduled to occur during the period beginning after the election | 124 |
at which the electors voted not to require the general assembly to | 125 |
draw new congressional districts and ending in the next year | 126 |
ending in the numeral one have occurred. If an odd number of | 127 |
applicable elections are scheduled to occur during that period, | 128 |
the number of general elections to be held using the plan | 129 |
described in division (D)(1) of this section shall be determined | 130 |
by rounding up to the next whole number. After a plan described in | 131 |
division (D)(1) of this section ceases to be effective under this | 132 |
division, and not earlier than the first day of February of the | 133 |
year following the year in which the plan ceased to be effective, | 134 |
the joint legislative committee shall propose, and the general | 135 |
assembly shall adopt, new congressional districts, in accordance | 136 |
with this section, to be used until the next time for | 137 |
redistricting under this section. The new plan shall be drawn | 138 |
using the same population data as were used to draw the plan | 139 |
described in division (D)(1) of this section. | 140 |
(E) A congressional district plan that becomes effective | 141 |
under this section is not subject to the referendum and is not | 142 |
subject to the veto of the governor. The electors may not propose | 143 |
a congressional district plan by initiative. | 144 |
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If adopted by a majority of the electors voting on this | 146 |
proposal, Section 43 of Article II of the Constitution of the | 147 |
State of Ohio takes effect January 1, 2021. | 148 |