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Proposing to enact new Sections 1, 2, 3, 4, 5, 6, 7, | 1 |
8, 9, and 10 of Article XI and to repeal Sections | 2 |
1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and | 3 |
15 of Article XI of the Constitution of the State | 4 |
of Ohio to revise the redistricting process for | 5 |
General Assembly 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 3, 2015, a proposal to enact new Sections 1, | 11 |
2, 3, 4, 5, 6, 7, 8, 9, and 10 of Article XI of the Constitution | 12 |
of the State of Ohio to read as follows: | 13 |
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1. (A) The Ohio redistricting commission shall be | 15 |
responsible for the redistricting of this state for the general | 16 |
assembly. The commission shall consist of the following seven | 17 |
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 |
The legislative leaders in the senate and the house of | 31 |
representatives of each of the two largest political parties | 32 |
represented in the general assembly, acting jointly by political | 33 |
party, shall appoint a member of the commission to serve as a | 34 |
co-chairperson of the commission. | 35 |
(B)(1) Unless otherwise specified in this article, a simple | 36 |
majority of the commission members shall be required for any | 37 |
action by the commission. | 38 |
(2)(a) Except as otherwise provided in division (B)(2)(b) of | 39 |
this section, a majority vote of the members of the commission, | 40 |
including at least one member of the commission who is a member of | 41 |
each of the two largest political parties represented in the | 42 |
general assembly, shall be required to do any of the following: | 43 |
(i) Adopt rules of the commission; | 44 |
(ii) Hire staff for the commission; | 45 |
(iii) Expend funds. | 46 |
(b) If the commission is unable to agree, by the vote | 47 |
required under division (B)(2)(a) of this section, on the manner | 48 |
in which funds should be expended, each co-chairperson of the | 49 |
commission shall have the authority to expend one-half of the | 50 |
funds that have been appropriated to the commission. | 51 |
(3) The affirmative vote of four members of the commission, | 52 |
including at least two members of the commission who represent | 53 |
each of the two largest political parties represented in the | 54 |
general assembly shall be required to adopt any general assembly | 55 |
district plan. For the purpose of this division, a member of the | 56 |
commission shall be considered to represent a political party if | 57 |
the member was appointed to the commission by a member of that | 58 |
political party or if, in the case of the governor, the auditor of | 59 |
state, or the secretary of state, the member is a member of that | 60 |
political party. | 61 |
(C) At the first meeting of the commission, which the | 62 |
governor shall convene only in a year ending in the numeral one, | 63 |
except as provided in Sections 8 and 9 of this article, the | 64 |
commission shall set a schedule for the adoption of procedural | 65 |
rules for the operation of the commission. | 66 |
The commission shall release to the public a proposed general | 67 |
assembly district plan for the boundaries for each of the | 68 |
ninety-nine house of representatives districts and the | 69 |
thirty-three senate districts. The commission shall draft the | 70 |
proposed plan in the manner prescribed in this article. Before | 71 |
adopting, but after introducing, a proposed plan, the commission | 72 |
shall conduct a minimum of three public hearings across the state | 73 |
to present the proposed plan and shall seek public input regarding | 74 |
the proposed plan. All meetings of the commission shall be open to | 75 |
the public. Meetings shall be broadcast by electronic means of | 76 |
transmission using a medium readily accessible by the general | 77 |
public. | 78 |
The commission shall adopt a final general assembly district | 79 |
plan not later than the first day of September of a year ending in | 80 |
the numeral one. After the commission adopts a final plan, the | 81 |
commission shall promptly file the plan with the secretary of | 82 |
state. Upon filing with the secretary of state, the plan shall | 83 |
become effective. | 84 |
Four weeks after the adoption of a general assembly district | 85 |
plan, the commission shall be automatically dissolved. | 86 |
(D) The general assembly shall be responsible for making the | 87 |
appropriations it determines necessary in order for the commission | 88 |
to perform its duties under this article. | 89 |
2. Each house of representatives district shall be | 90 |
entitled to a single representative in each general assembly. Each | 91 |
senate district shall be entitled to a single senator in each | 92 |
general assembly. | 93 |
3. (A) The whole population of the state, as | 94 |
determined by the federal decennial census or, if such is | 95 |
unavailable, such other basis as the general assembly may direct, | 96 |
shall be divided by the number "ninety-nine" and by the number | 97 |
"thirty-three" and the quotients shall be the ratio of | 98 |
representation in the house of representatives and in the senate, | 99 |
respectively, for ten years next succeeding such redistricting. | 100 |
(B) A general assembly district plan shall comply with all of | 101 |
the requirements of division (B) of this section. | 102 |
(1) The population of each house of representatives district | 103 |
shall be substantially equal to the ratio of representation in the | 104 |
house of representatives, and the population of each senate | 105 |
district shall be substantially equal to the ratio of | 106 |
representation in the senate, as provided in division (A) of this | 107 |
section. In no event shall any district contain a population of | 108 |
less than ninety-five per cent nor more than one hundred five per | 109 |
cent of the applicable ratio of representation. | 110 |
(2) Any general assembly district plan adopted by the | 111 |
commission shall comply with all applicable provisions of the | 112 |
constitutions of Ohio and the United States and of federal law. | 113 |
(3) Every general assembly district shall be composed of | 114 |
contiguous territory, and the boundary of each district shall be a | 115 |
single nonintersecting continuous line. | 116 |
(C) House of representatives districts shall be created and | 117 |
numbered in the following order of priority, to the extent that | 118 |
such order is consistent with the foregoing standards: | 119 |
(1) Proceeding in succession from the largest to the | 120 |
smallest, each county containing population greater than one | 121 |
hundred five per cent of the ratio of representation in the house | 122 |
of representatives shall be divided into as many house of | 123 |
representatives districts as it has whole ratios of | 124 |
representation. Any fraction of the population in excess of a | 125 |
whole ratio shall be a part of only one adjoining house of | 126 |
representatives district. | 127 |
(2) Each county containing population of not less than | 128 |
ninety-five per cent of the ratio of representation in the house | 129 |
of representatives nor more than one hundred five per cent of the | 130 |
ratio shall be designated a representative district. | 131 |
(3) The remaining territory of the state shall be divided | 132 |
into representative districts by combining the areas of counties, | 133 |
municipal corporations, and townships. Where feasible, no county | 134 |
shall be split more than once. | 135 |
(D)(1)(a) Except as otherwise provided in divisions (D)(1)(b) | 136 |
and (c) of this section, a county, municipal corporation, or | 137 |
township is considered to be split if any contiguous portion of | 138 |
its territory is not contained entirely within one district. | 139 |
(b) If a municipal corporation or township has territory in | 140 |
more than one county, the contiguous portion of that municipal | 141 |
corporation or township that lies in each county shall be | 142 |
considered to be a separate municipal corporation or township for | 143 |
the purposes of this section. | 144 |
(c) If a municipal corporation or township that is located in | 145 |
a county that contains a municipal corporation or township that | 146 |
has a population of more than one ratio of representation is split | 147 |
for the purpose of complying with division (E)(1)(a) or (b) of | 148 |
this section, each portion of that municipal corporation or | 149 |
township shall be considered to be a separate municipal | 150 |
corporation or township for the purposes of this section. | 151 |
(2) Representative districts shall be drawn so as to split | 152 |
the smallest possible number of municipal corporations and | 153 |
townships whose contiguous portions contain a population of more | 154 |
than fifty per cent, but less than one hundred per cent, of one | 155 |
ratio of representation. | 156 |
(3) Where the requirements of divisions (B), (C), and (D) of | 157 |
this section cannot feasibly be attained by forming a | 158 |
representative district from whole municipal corporations and | 159 |
townships, not more than one municipal corporation or township may | 160 |
be split per representative district. | 161 |
(E)(1) If it is not possible for the commission to comply | 162 |
with all of the requirements of divisions (B), (C), and (D) of | 163 |
this section in drawing a particular representative district, the | 164 |
commission shall take the first action listed below that makes it | 165 |
possible for the commission to draw that district: | 166 |
(a) Notwithstanding division (D)(3) of this section, the | 167 |
commission shall create the district by splitting two municipal | 168 |
corporations or townships whose contiguous portions do not contain | 169 |
a population of more than fifty per cent, but less than one | 170 |
hundred per cent, of one ratio of representation. | 171 |
(b) Notwithstanding division (D)(2) of this section, the | 172 |
commission shall create the district by splitting a municipal | 173 |
corporation or township whose contiguous portions contain a | 174 |
population of more than fifty per cent, but less than one hundred | 175 |
per cent, of one ratio of representation. | 176 |
(c) Notwithstanding division (C)(2) of this section, the | 177 |
commission shall create the district by splitting, once, a single | 178 |
county that contains a population of not less than ninety-five per | 179 |
cent of the ratio of representation, but not more than one hundred | 180 |
five per cent of the ratio of representation. | 181 |
(d) Notwithstanding division (C)(1) of this section, the | 182 |
commission shall create the district by including in two districts | 183 |
portions of the territory that remains after a county that | 184 |
contains a population of more than one hundred five per cent of | 185 |
the ratio of representation has been divided into as many house of | 186 |
representatives districts as it has whole ratios of | 187 |
representation. | 188 |
(2) If the commission takes an action under division (E)(1) | 189 |
of this section, the commission shall include in the general | 190 |
assembly district plan a statement explaining which action the | 191 |
commission took under that division and the reason the commission | 192 |
took that action. | 193 |
(3) If the commission complies with divisions (E)(1) and (2) | 194 |
of this section in drawing a district, the commission shall not be | 195 |
considered to have violated division (C)(1), (C)(2), (D)(2), or | 196 |
(D)(3) of this section, as applicable, in drawing that district, | 197 |
for the purpose of an analysis under division (D) of Section 9 of | 198 |
this article. | 199 |
4. (A) Senate districts shall be composed of three | 200 |
contiguous house of representatives districts. | 201 |
(B)(1) A county having at least one whole senate ratio of | 202 |
representation shall have as many senate districts wholly within | 203 |
the boundaries of the county as it has whole senate ratios of | 204 |
representation. Any fraction of the population in excess of a | 205 |
whole ratio shall be a part of only one adjoining senate district. | 206 |
(2) Counties having less than one senate ratio of | 207 |
representation, but at least one house of representatives ratio of | 208 |
representation, shall be part of only one senate district. | 209 |
(3) If it is not possible for the commission to draw | 210 |
representative districts that comply with all of the requirements | 211 |
of this article and that make it possible for the commission to | 212 |
comply with all of the requirements of divisions (B)(1) and (2) of | 213 |
this section, the commission shall draw senate districts so as to | 214 |
commit the fewest possible violations of those divisions. If the | 215 |
commission complies with this division in drawing senate | 216 |
districts, the commission shall not be considered to have violated | 217 |
division (B)(1) or (2) of this section, as applicable, in drawing | 218 |
those districts, for the purpose of an analysis under division (D) | 219 |
of Section 9 of this article. | 220 |
(C) The number of whole ratios of representation for a county | 221 |
shall be determined by dividing the population of the county by | 222 |
the ratio of representation in the senate determined under | 223 |
division (A) of Section 3 of this article. | 224 |
(D) Senate districts shall be numbered from one through | 225 |
thirty-three and as provided in Section 5 of this article. | 226 |
5. At any time the boundaries of senate districts are | 227 |
changed in any general assembly district plan made pursuant to any | 228 |
provision of this article, a senator whose term will not expire | 229 |
within two years of the time the plan becomes effective shall | 230 |
represent, for the remainder of the term for which the senator was | 231 |
elected, the senate district that contains the largest portion of | 232 |
the population of the district from which the senator was elected, | 233 |
and the district shall be given the number of the district from | 234 |
which the senator was elected. If more than one senator whose term | 235 |
will not so expire would represent the same district by following | 236 |
the provisions of this section, the plan shall designate which | 237 |
senator shall represent the district and shall designate which | 238 |
district the other senator or senators shall represent for the | 239 |
balance of their term or terms. | 240 |
6. The Ohio redistricting commission shall attempt to | 241 |
draw a general assembly district plan that meets all of the | 242 |
following standards: | 243 |
(A) No general assembly district plan shall be drawn | 244 |
primarily to favor or disfavor a political party. | 245 |
(B) The statewide proportion of districts whose voters, based | 246 |
on statewide state and federal partisan general election results | 247 |
during the last ten years, favor each political party shall | 248 |
correspond closely to the statewide preferences of the voters of | 249 |
Ohio. | 250 |
(C) General assembly districts shall be compact. | 251 |
Nothing in this section permits the commission to violate the | 252 |
district standards described in Section 2, 3, 4, 5, or 7 of this | 253 |
article. | 254 |
7. Notwithstanding the fact that boundaries of | 255 |
counties, municipal corporations, and townships within a district | 256 |
may be changed, district boundaries shall be created by using the | 257 |
boundaries of counties, municipal corporations, and townships as | 258 |
they exist at the time of the federal decennial census on which | 259 |
the redistricting is based, or, if unavailable, on such other | 260 |
basis as the general assembly has directed. | 261 |
8. (A)(1) If the Ohio redistricting commission fails | 262 |
to adopt a final general assembly district plan not later than the | 263 |
first day of September of a year ending in the numeral one, in | 264 |
accordance with Section 1 of this article, the commission shall | 265 |
introduce a proposed general assembly district plan by a simple | 266 |
majority vote of the commission. | 267 |
(2) After introducing a proposed general assembly district | 268 |
plan under division (A)(1) of this section, the commission shall | 269 |
hold a public hearing concerning the proposed plan, at which the | 270 |
public may offer testimony and at which the commission may adopt | 271 |
amendments to the proposed plan. Members of the commission should | 272 |
attend the hearing; however, only a quorum of the members of the | 273 |
commission is required to conduct the hearing. | 274 |
(3) After the hearing described in division (A)(2) of this | 275 |
section is held, and not later than the fifteenth day of September | 276 |
of a year ending in the numeral one, the commission shall adopt a | 277 |
final general assembly district plan, either by the vote required | 278 |
to adopt a plan under division (B)(3) of Section 1 of this article | 279 |
or by a simple majority vote of the commission. | 280 |
(B) If the commission adopts a final general assembly | 281 |
district plan in accordance with division (A)(3) of this section | 282 |
by the vote required to adopt a plan under division (B)(3) of | 283 |
Section 1 of this article, the plan shall take effect upon filing | 284 |
with the secretary of state and shall remain effective until the | 285 |
next year ending in the numeral one, except as provided in Section | 286 |
9 of this article. | 287 |
(C)(1)(a) Except as otherwise provided in division (C)(1)(b) | 288 |
of this section, if the commission adopts a final general assembly | 289 |
district plan in accordance with division (A)(3) of this section | 290 |
by a simple majority vote of the commission, and not by the vote | 291 |
required to adopt a plan under division (B)(3) of Section 1 of | 292 |
this article, the plan shall take effect upon filing with the | 293 |
secretary of state and shall remain effective until two general | 294 |
elections for the house of representatives have occurred under the | 295 |
plan. | 296 |
(b) If the commission adopts a final general assembly | 297 |
district plan in accordance with division (A)(3) of this section | 298 |
by a simple majority vote of the commission, and not by the vote | 299 |
required to adopt a plan under division (B) of Section 1 of this | 300 |
article, and that plan is adopted to replace a plan that ceased to | 301 |
be effective under division (C)(1)(a) of this section before a | 302 |
year ending in the numeral one, the plan adopted under this | 303 |
division shall take effect upon filing with the secretary of state | 304 |
and shall remain effective until a year ending in the numeral one, | 305 |
except as provided in Section 9 of this article. | 306 |
(2) A final general assembly district plan adopted under | 307 |
division (C)(1)(a) or (b) of this section shall include a | 308 |
statement explaining what the commission determined to be the | 309 |
statewide preferences of the voters of Ohio and the manner in | 310 |
which the statewide proportion of districts in the plan whose | 311 |
voters, based on statewide state and federal partisan general | 312 |
election results during the last ten years, favor each political | 313 |
party corresponds closely to those preferences, as described in | 314 |
division (B) of Section 6 of this article. At the time the plan is | 315 |
adopted, a member of the commission who does not vote in favor of | 316 |
the plan may submit a declaration of the member's opinion | 317 |
concerning the statement included with the plan. | 318 |
(D) After a general assembly district plan adopted under | 319 |
division (C)(1)(a) of this section ceases to be effective, and not | 320 |
earlier than the first day of July of the year following the year | 321 |
in which the plan ceased to be effective, the commission shall be | 322 |
reconstituted as provided in Section 1 of this article, convene, | 323 |
and adopt a new general assembly district plan in accordance with | 324 |
this article, to be used until the next time for redistricting | 325 |
under this article. The commission shall draw the new general | 326 |
assembly district plan using the same population and county, | 327 |
municipal corporation, and township boundary data as were used to | 328 |
draw the previous plan adopted under division (C) of this section. | 329 |
9. (A) The supreme court of Ohio shall have | 330 |
exclusive, original jurisdiction in all cases arising under this | 331 |
article. | 332 |
(B) In the event that any section of this constitution | 333 |
relating to redistricting, any general assembly district plan made | 334 |
by the Ohio redistricting commission, or any district is | 335 |
determined to be invalid by an unappealed final order of a court | 336 |
of competent jurisdiction then, notwithstanding any other | 337 |
provisions of this constitution, the commission shall be | 338 |
reconstituted as provided in Section 1 of this article, convene, | 339 |
and ascertain and determine a general assembly district plan in | 340 |
conformity with such provisions of this constitution as are then | 341 |
valid, including establishing terms of office and election of | 342 |
members of the general assembly from districts designated in the | 343 |
plan, to be used until the next time for redistricting under this | 344 |
article in conformity with such provisions of this constitution as | 345 |
are then valid. | 346 |
(C) Notwithstanding any provision of this constitution or any | 347 |
law regarding the residence of senators and representatives, a | 348 |
general assembly district plan made pursuant to this section shall | 349 |
allow thirty days for persons to change residence in order to be | 350 |
eligible for election. | 351 |
(D)(1) No court shall order, in any circumstance, the | 352 |
implementation or enforcement of any general assembly district | 353 |
plan that has not been approved by the commission in the manner | 354 |
prescribed by this article. | 355 |
(2) No court shall order the commission to adopt a particular | 356 |
general assembly district plan or to draw a particular district. | 357 |
(3) If the supreme court of Ohio determines that a general | 358 |
assembly district plan adopted by the commission does not comply | 359 |
with the requirements of Section 2, 3, 4, 5, or 7 of this article, | 360 |
the available remedies shall be as follows: | 361 |
(a) If the court finds that the plan contains one or more | 362 |
isolated violations of those requirements, the court shall order | 363 |
the commission to amend the plan to correct the violation. | 364 |
(b) If the court finds that it is necessary to amend not | 365 |
fewer than six house of representatives districts to correct | 366 |
violations of those requirements, to amend not fewer than two | 367 |
senate districts to correct violations of those requirements, or | 368 |
both, the court shall declare the plan invalid and shall order the | 369 |
commission to adopt a new general assembly district plan in | 370 |
accordance with this article. | 371 |
(c) If, in considering a plan adopted under division (C) of | 372 |
Section 8 of this article, the court determines that both of the | 373 |
following are true, the court shall order the commission to adopt | 374 |
a new general assembly district plan in accordance with this | 375 |
article: | 376 |
(i) The plan significantly violates those requirements in a | 377 |
manner that materially affects the ability of the plan to contain | 378 |
districts whose voters favor political parties in an overall | 379 |
proportion that corresponds closely to the statewide political | 380 |
party preferences of the voters of Ohio, as described in division | 381 |
(B) of Section 6 of this article. | 382 |
(ii) The statewide proportion of districts in the plan whose | 383 |
voters, based on statewide state and federal partisan general | 384 |
election results during the last ten years, favor each political | 385 |
party does not correspond closely to the statewide preferences of | 386 |
the voters of Ohio. | 387 |
10. The various provisions of this article are | 388 |
intended to be severable, and the invalidity of one or more of | 389 |
such provisions shall not affect the validity of the remaining | 390 |
provisions. | 391 |
392 | |
If adopted by a majority of the electors voting on this | 393 |
proposal, new Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of | 394 |
Article XI take effect January 1, 2021, and Sections 1, 2, 3, 4, | 395 |
5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of | 396 |
Article XI of the Constitution of the State of Ohio are repealed | 397 |
from that effective date. | 398 |