As Adopted by the Senate

130th General Assembly
Regular Session
2013-2014
Am. Sub. H. J. R. No. 12


Representatives Huffman, Sykes 

Cosponsors: Representatives Amstutz, Anielski, Ashford, Baker, Brown, Burkley, Clyde, Duffey, Grossman, Hackett, Hagan, C., Hayes, Kunze, Letson, McClain, McGregor, Patmon, Scherer, Schuring, Stebelton, Wachtmann Speaker Batchelder 

Senators Faber, Coley, Bacon, Balderson, Beagle, Burke, Eklund, Gardner, Gentile, Hite, LaRose, Lehner, Peterson, Sawyer, Schiavoni, Turner, Widener 



A JOINT RESOLUTION
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

ARTICLE XI
14

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

EFFECTIVE DATE AND REPEAL
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