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Am. Sub. S. J. R. No. 5 As Reported by the House Elections and Ethics Committee
As Reported by the House Elections and Ethics Committee
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Patton, Niehaus, Wagoner, Goodman, Widener, Schuring, Stewart, Schaffer, Seitz, Grendell, Faber, Jones
A JOINT RESOLUTION
| Proposing to amend Sections 1, 2, 3, 5, 6, 7, 8, 10,
11, 12, 13, and 15 of Article XI, to amend, for
the purpose of adopting new Section numbers as
indicated in parentheses, Sections 5 (4), 6 (5), 7
(6), 8 (7), 10 (8), 11 (9), 12 (11), 13 (12), and
15 (13) of Article XI, to enact new Section 10 of
Article XI, and to repeal Sections 4, 9, and 14 of
Article XI of the Constitution of the State of
Ohio to revise the redistricting process for
General Assembly and Congressional districts.
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Be it resolved by the General Assembly of the State of Ohio,
three-fifths of the members elected to each house concurring
herein, that there shall be submitted to the electors of the
state, in the manner prescribed by law at a special election to be
held on May 3, 2011, a proposal to amend Sections 1, 2, 3, 5, 6,
7, 8, 10, 11, 12, 13, and 15 of Article XI, to amend, for the
purpose of adopting new Section numbers as indicated in
parentheses, Sections 5 (4), 6 (5), 7 (6), 8 (7), 10 (8), 11 (9),
12 (11), 13 (12), and 15 (13) of Article XI, and to enact new
Section 10 of Article XI of the Constitution of the State of Ohio
to read as follows: |
1. The governor, auditor of state, secretary of
state, one person chosen by the speaker of the house of
representatives and the leader in the senate of the political
party of which the speaker is a member, and one person chosen by
the legislative leaders in the two houses of the major political
party of which the speaker is not a member shall be the persons
responsible for the apportionment of this state for members of the
general assembly. |
Such persons, or a majority of their number, shall meet and
establish in the manner prescribed in this Article the boundaries
for each of ninety-nine house of representatives districts and
thirty-three senate districts. Such meeting shall convene on a
date designated by the governor between August 1 and October 1 in
the year one thousand nine hundred seventy-one and every tenth
year thereafter.(A) The Ohio redistricting commission shall
consist of the following seven members and shall be responsible
for the redistricting of this state for congress and the general
assembly: |
(2) The auditor of state; |
(3) The secretary of state; |
(4) The speaker of the house of representatives; |
(5) The legislative leader of the largest political party in
the house of representatives of which the speaker of the house of
representatives is not a member; |
(6) The president of the senate; and |
(7) The legislative leader of the largest political party in
the senate of which the president of the senate is not a member. |
(B) All meetings of the Ohio redistricting commission shall
be open to the public. The governor shall give such personsthe
commission members and the public at least two weeks advance
notice of the date, time, and place of suchthe first meeting. |
The governorof the commission, which shall be held after the
first day of June but before the sixteenth day of June of the year
ending in the numeral one. At that first meeting, the members
shall convene, select co-chairpersons, at least one of whom shall
be a member of a political party other than the largest one
represented on the commission, and adopt procedural rules for the
operation of the commission. |
(C) Not later than the first day of July of a year ending in
the numeral one, the Ohio redistricting commission shall convene,
public notice being given, to establish a schedule that it
determines appropriate to carry out the duties set forth in this
article. Not later than the first day of October of a year ending
in the numeral one, the commission shall adopt, in the manner
prescribed in this article, the boundaries for each of the
ninety-nine house of representatives districts, thirty-three
senate districts, and the prescribed number of congressional
districts as apportioned to the state pursuant to Section 2 of
Article 1 of the Constitution of the United States. After the
commission adopts each plan, the commission shall file that plan
with the secretary of state. Upon filing with the secretary of
state, the plan shall become effective. |
Immediately after the adoption of a plan under this division,
the commission shall prepare a report that explains the basis on
which the commission made its decisions to achieve the districting
criteria specified in this article. |
(D) Unless otherwise specified in this article, a simple
majority of its members shall be required for any action by the
Ohio redistricting commission. The affirmative vote of five
members of the commission, including votes from at least two
members of the commission who are members of a political party
other than the largest one represented on the commission, shall be
required to adopt any plan. |
(E) The Ohio redistricting commission shall make the
necessary provisions to allow for public comment at public
hearings and in writing and to allow for any resident of Ohio to
submit a congressional plan or a general assembly plan for
consideration. The commission shall develop and implement a plan
to make available to the public all relevant data and information
necessary for the submission of a potential congressional plan and
a potential general assembly plan by any resident of Ohio. |
(F) The attorney general shall be responsible for defending a
plan adopted by the members of the Ohio redistricting commission
in any legal action arising from the process described in this
article. |
(G) The general assembly shall be responsible for making the
appropriations it determines necessary in order for the Ohio
redistricting commission to perform its duties under this article
and to defend against any lawsuit arising from the performance of
the duties set forth in this article. |
(H) After the adoption of a congressional plan and a general
assembly plan and the completion of any necessary administrative
functions, the co-chairpersons of the Ohio redistricting
commission shall jointly dissolve the commission. Upon the
dissolution of the commission, the co-chairs shall arrange for all
records of the commission to be delivered to the Ohio historical
society for preservation. |
(I) The secretary of state shall cause the apportionmentredistricting plans to be published no later than
the fifth day of
October 5 of the year in which it isthey are made, in such manner
as provided by law. |
Section 2. The apportionmentredistricting of this state for
members of congress and the general assembly shall be made in the
following manner: The |
(A) The whole population of the state, as determined by the
federal decennial census, shall be divided by the number of
congressional districts apportioned to the state pursuant to
Section 2 of Article I of the Constitution of the United States,
and the quotient shall be the ratio of representation in the
congress for ten years next succeeding such apportionment. |
(B) The whole population of the state, as determined by the
federal decennial census or, if such is unavailable, such other
basis as the general assembly may direct, shall be divided by the
number "ninety-nine" and the quotient shall be the ratio of
representation in the house of representatives for ten years next
succeeding such apportionmentredistricting. The |
(C) The whole population of the state as determined by the
federal decennial census or, if such is unavailable, such other
basis as the general assembly may direct, shall be divided by the
number "thirty-three" and the quotient shall be the ratio of
representation in the senate for ten years next succeeding such apportionmentredistricting. |
Section 3. (A) The population of each congressional district
shall be as equal to the ratio of representation in the congress
as practicable, as provided in Section 2 of this article. |
(B) The population of each house of representatives district
shall be substantially equal to the ratio of representation in the
house of representatives, as provided in sectionSection 2 of this Articlearticle, and in no event shall any house of
representatives district contain a population of less than
ninety-five percentper cent nor more than one hundred five percentper cent of the ratio of representation in the house of
representatives, except in those instances where reasonable effort
is made to avoid dividing a county in accordance with section 9as
otherwise provided in division (B) of Section 8 of this Articlearticle. |
(C) The population of each senate district shall be
substantially equal to the ratio of representation in the senate,
as provided in Section 2 of this article, and in no event shall
any senate district contain a population of less than ninety-five
per cent nor more than one hundred five per cent of the ratio of
representation in the senate as determined pursuant to this
article. |
Section 5 4. Each(A) Each congressional district shall be
entitled to a single representative in the United States house of
representatives in each congress. |
(B) Each house of representatives district shall be entitled
to a single representative in each General Assemblygeneral
assembly. Every |
(C) Each senate district shall be entitled to a single
senator in each General Assemblygeneral assembly. |
Section 6 5. District boundaries established pursuant to
this Articlearticle shall not be changed until the ensuing
federal decennial census and the ensuing
apportionmentredistricting or as provided in section 13this section and
Section 12 of this Articlearticle, notwithstanding the fact that
boundaries of political subdivisions or citymunicipal wards
within the district may be changed during that time. District
boundaries shall be created by using the boundaries of political
subdivisions and citymunicipal wards as they exist at the time of
the federal decennial census on which the
apportionmentredistricting is based, or, if unavailable, on such other basis as
the general assembly has directed. |
If the currently applicable redistricting plan is determined
to be invalid by an unappealed final order of a court of competent
jurisdiction, the court shall convene the Ohio redistricting
commission to adopt a new plan that is in compliance with the law,
including the provisions of this article. In convening the
commission under this section, the court may adjust the timelines
established in this article as necessary for the timely adoption
of a new plan. |
No court shall, in any circumstance, order the implementation
or enforcement of any plan that has not been approved by the Ohio
redistricting commission in the manner prescribed by this article. |
Section 7 6. (A) Any plan adopted by the Ohio redistricting
commission shall comply with all applicable Ohio and federal
constitutional provisions and all applicable federal statutory
provisions, including, but not limited to, those dealing
specifically with the protection of minority voting rights. |
(B) Every house of representativescongressional and general
assembly district shall be compact and composed of contiguous
territory, and the boundary of each district shall be a single
nonintersecting continuous line. To the extent consistent with the
requirements of section 3 of this Articlearticle, the boundary
lines of districts shall be so drawn as to delineate an area
containing one or more whole counties. |
(B)(C) Where the requirements of section 3 of this Articlearticle cannot feasibly be attained by forming a district from a
whole county or counties, such district shall be formed by
combining the whole areas of governmental units giving preference
in the order named to counties, townships, municipalities, and citymunicipal wards. |
(C)(D) Where the requirements of section 3 of this Articlearticle cannot feasibly be attained by combining the areas of
governmental units as prescribed in division (B)(C) of this
section, only onetwo such unitunits may be divided between two
districts, giving preference inper house of representatives
district. In the case of congressional districts, the number of
units divided per district may be more than two, but not more than
necessary to achieve the ratio of representation in the congress
as required by this article. In the selection of a unit for
division under division (D) of this section, preference shall be
given to a contiguous township, a city ward, a citycontiguous
municipality, and a village in the order named. |
(D) In making a new apportionment, district boundaries
established by the preceding apportionment shall be adopted to the
extent reasonably consistent with the requirements of section 3 of
this Article. |
(E) When the formation of competitive districts does not
conflict with the other principles established by this article,
the Ohio redistricting commission shall make its best efforts to
maximize the number of competitive districts using the following
criteria: |
(1) The commission shall determine the three most competitive
general elections by percentage for nonjudicial statewide state or
federal office, including the elections of a president and vice
president of the United States, in which the candidates receiving
the highest and second highest number of votes were the nominees
of political parties, held in the three previous even-numbered
years immediately preceding the year in which the commission meets
to adopt new plans, provided that the two partisan candidates
combined received at least ninety-five per cent of the total votes
cast. |
(2) Using the three most competitive elections selected under
division (E)(1) of this section, the commission shall determine
the average partisan indexes for each proposed district by doing
the following: |
(a) Taking the percentage of the vote received in the
district for each of the two partisan candidates who received the
highest vote totals counting only the votes cast for those two
partisan candidates, then |
(b) Averaging together the three voting percentages for the
candidates with the same partisan affiliation by dividing the sum
of the percentages by the number three to yield the average
partisan indexes for that district. |
(3) A "competitive district" is a district where the average
partisan indexes determined by this section are not more than five
per cent apart. |
Section 8 7. A county having at least one house of
representatives ratio of representation shall have as many house
of representatives districts wholly within the boundaries of the
county as it has whole ratios of representation. Any fraction of
the population in excess of a whole ratio shall be a part of only
one adjoining house of representatives district. |
The number of whole ratios of representation for a county
shall be determined by dividing the population of the county by
the ratio of representation for the house of representatives
determined under sectionSection 2 of this Articlearticle. |
Section 10 8. The standards prescribed in sectionsthis
section and Sections 3, 6, and 7, 8, and 9 of this
Articlearticle
shall govern the establishment of house of representatives
districts, which shall be created and numbered in the following
order to the extent that such order is consistent with the
foregoing standards: |
(A) Each county containing population substantially equal to
one ratio of representation in the house of representatives, as
provided in sectionSection 2 of this Articlearticle, but in no
event less than ninety-five percentper cent of the ratio nor more
than one hundred five percentper cent of the ratio shall be
designated a representative district. |
(B) Each county containing population between ninety and
ninety-five percentper cent of the ratio or between one hundred
five and one hundred ten percentper cent of the ratio may be
designated a representative district. |
(C) Proceeding in succession from the largest to the
smallest, each remaining county containing more than one whole
ratio of representation shall be divided into house of
representatives districts. Any remaining territory within such
county containing a fraction of one whole ratio of representation
shall be included in one representative district by combining it
with adjoining territory outside the county. |
(D) The remaining territory of the state shall be combined
into representative districts. |
Section 11 9. Senate districts shall be composed of three
contiguous house of representatives districts. A county having at
least one whole senate ratio of representation shall have as many
senate districts wholly within the boundaries of the county as it
has whole senate ratios of representation. Any fraction of the
population in excess of a whole ratio shall be a part of only one
adjoining senate district. Counties having less than one senate
ratio of representation, but at least one house of representatives
ratio of representation shall be part of only one senate district. |
The number of whole ratios of representation for a county
shall be determined by dividing the population of the county by
the ratio of representation in the senate determined under sectionSection 2 of this Articlearticle. |
Senate districts shall be numbered from one through
thirty-three and as provided in section 12Section 11 of this Articlearticle. |
10. The standards prescribed in this section and
Sections 3 and 6 of this article shall govern the establishment of
congressional districts, which shall be created in the following
order to the extent that such order is consistent with the
foregoing standards: |
(A) The number of whole ratios of representation for a county
shall be determined by dividing the population of the county by
the ratio of representation in the congress determined under
Section 2 of this article. |
(B) Proceeding in succession from the largest to the
smallest, each county containing more than one whole ratio of
representation shall be divided into the appropriate number of
congressional districts. Any fraction of the county population in
excess of a whole ratio of representation shall be included in one
congressional district by combining it with adjoining territory
outside the county. |
(C) The remaining territory of the state shall be combined
into congressional districts. |
Section 12 11. At any time the boundaries of senate
districts are changed in any plan of apportionmentredistricting
made pursuant to any provision of this Articlearticle, a senator
whose term will not expire within two years of the time the plan
of
apportionmentredistricting is made shall represent, for the
remainder of the term for which
hethe senator was elected, the
senate district which contains the largest portion of the
population of the district from which hethe senator was elected,
and the district shall be given the number of the district from
which the senator was elected. If more than one senator whose term
will not so expire would represent the same district by following
the provisions of this section, the persons responsible for
apportionment, by a majority of their number,Ohio redistricting
commission shall designate which senator shall represent the
district and shall designate which district the other senator or
senators shall represent for the balance of their term or terms. |
Section 13 12. The supreme court of Ohio or an applicable
federal court shall have exclusive, original jurisdiction in all
cases arising under this Articlearticle. In the event that any
section of this Constitution relating to apportionmentredistricting or any plan of
apportionmentredistricting made by
the persons responsible for apportionment, by a majority of their
number,Ohio redistricting commission is determined to be invalid
by either the supreme court of Ohio, or the supreme court of the
United Statesan unappealed final order of a court of competent
jurisdiction, then notwithstanding any other provisions of this
Constitution, the persons responsible for apportionment by a
majority of their numberOhio redistricting commission shall
ascertain and determine a plan of apportionmentredistricting in
conformity with such provisions of this Constitution as are then
valid, including establishing terms of office and election of
members of the general assembly from districts designated in the
plan, to be used until the next regular apportionmentredistricting in conformity with such provisions of this
Constitution as are then valid. |
Notwithstanding any provision of this Constitution or any law
regarding the residence of senators and representatives, a plan of apportionmentredistricting made pursuant to this section shall
allow thirty days for persons to change residence in order to be
eligible for election. |
The governor shall give the persons responsible for
apportionment two weeks advance written notice of the date, time,
and place of any meeting held pursuant to this section. |
Section 15 13. The various provisions of this Article XIarticle are intended to be severable, and the invalidity of one or
more of such provisions shall not affect the validity of the
remaining provisions. |
EFFECTIVE DATE AND REPEAL
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If adopted by a majority of the electors voting on this
proposal, Sections 1, 2, 3, 5 (4), 6 (5), 7 (6), 8 (7), 10 (8), 11
(9), 12 (11), 13 (12), and 15 (13) of Article XI amended or
amended and renumbered by this proposal and new Section 10 of
Article XI enacted by this proposal shall take effect immediately
and existing Sections 1, 2, 3, 5, 6, 7, 8, 10, 11, 12, 13, and 15
of Article XI and Sections Section 4. , Section 9. , and Section 14. of Article XI of the Constitution of the State of
Ohio are repealed from that effective date. |
The amendments to Section 12 (11) of Article XI of the Ohio
Constitution in part substitute gender neutral for gender specific
language. These gender neutralizing amendments are not intended to
make a substantive change in the Ohio Constitution. The gender
neutral language is to be construed as a restatement of, and
substituted in a continuing way for, the corresponding gender
specific language existing prior to adoption of the gender
neutralizing amendments. |
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