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Sub. S. J. R. No. 5 As Reported by the Senate State and Local Government and Veterans Affairs CommitteeAs Reported by the Senate State and Local Government and Veterans Affairs Committee 129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors: Senators Turner, Faber
A JOINT RESOLUTION | Proposing to enact new Sections 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, 11, and 12 of Article XI and to repeal
Sections 13, 14, and 15 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 the general election to
be held on November 5, 2013, a proposal to enact new Sections 1,
2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Article XI of the
Constitution of the State of Ohio to read as follows: |
1. (A) The Ohio redistricting commission shall be
responsible for the redistricting of this state for congress and
the general assembly. The commission shall consist of the
following seven members: |
(2) The auditor of state; |
(3) The secretary of state; |
(4) One person appointed by the speaker of the house of
representatives; |
(5) One person appointed by 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) One person appointed by the president of the senate; and |
(7) One person appointed by the legislative leader of the
largest political party in the senate of which the president of
the senate is not a member. |
No appointed member of the commission shall be a current
member of the general assembly or of congress. |
(B) Unless otherwise specified in this article, a simple
majority of the commission members shall be required for any
action by the commission. The affirmative vote of five members of
the commission, including at least one member of the commission
who is a member of a political party other than the largest one
represented on the commission, shall be required to adopt any
plan. |
(C) At the first meeting of the commission, which the
governor shall convene only in a year ending in the numeral one,
except as provided in Section 11 of this article, the members
shall select co-chairpersons, one of whom shall be a member of a
political party other than the largest one represented on the
commission, and set a schedule for the adoption of procedural
rules for the operation of the commission. |
Not later than the fifteenth day of September of a year
ending in the numeral one, the commission shall release to the
public a proposed plan for the boundaries for each of the
ninety-nine house of representatives districts and the
thirty-three senate districts, and a proposed plan for 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. The commission shall draft each proposed plan
in the manner prescribed in this article. Before adopting, but
after introducing, a final congressional or general assembly
district plan, the commission shall conduct a minimum of three
public hearings across the state and shall seek public input
regarding the proposed plans. All meetings of the commission shall
be open to the public. Meetings shall be broadcast by electronic
means of transmission using a medium readily accessible by the
general public, subject to the discretion of the commission. |
The commission shall adopt final plans not earlier than the
last week of October of a year ending in the numeral one but not
later than the second week of November of a year ending in the
numeral one. After the commission adopts a plan, the commission
shall file the plan with the secretary of state. Upon filing with
the secretary of state, the plan shall become effective. |
Not more than six weeks after the adoption of a congressional
plan and a general assembly plan, the co-chairpersons of the
commission shall jointly dissolve the commission. |
(D) The general assembly shall be responsible for making the
appropriations it determines necessary in order for the commission
to perform its duties under this article. |
(E) The attorney general shall be responsible for defending a
plan adopted by the commission in any legal action arising from
the process described in this article. |
2. Each congressional district shall be entitled to a
single representative in the United States house of
representatives in each congress. Each house of representatives
district shall be entitled to a single representative in each
general assembly. Each senate district shall be entitled to a
single senator in each general assembly. |
3. (A) 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 by the number
"thirty-three" and the quotients shall be the ratio of
representation in the house of representatives and in the senate,
respectively, for ten years next succeeding such redistricting. |
(B) The population of each house of representatives district
shall be substantially equal to the ratio of representation in the
house of representatives, and the population of each senate
district shall be substantially equal to the ratio of
representation in the senate, as provided in division (A) of this
section. In no event shall any district contain a population of
less than ninety-five per cent nor more than one hundred five per
cent of the applicable ratio of representation, except as
otherwise provided in division (B) of Section 6 of this article. |
4. (A) Any plan adopted by the commission shall
comply with all applicable provisions of the constitutions of Ohio
and the United States and of federal law. |
(B) No individual district shall be drawn primarily with the
intent to favor or disfavor a political party. |
(C)(1) Every congressional 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. |
(2) The commission shall avoid splitting political
subdivisions. As used in this section and Sections 6 and 9 of this
article, "political subdivision" means a county, a municipal
corporation, a township, or a municipal ward. |
(a) Dividing a noncontiguous political subdivision shall not
be considered splitting the political subdivision if its
noncontiguous portions are included in separate districts.
However, dividing a noncontiguous political subdivision shall be
considered splitting the political subdivision if any
noncontiguous portion is divided into separate districts. |
(b) Dividing, along a county line, a political subdivision
that has territory in more than one county shall not be considered
splitting the political subdivision. |
(D) Notwithstanding the other provisions of this article,
where it is necessary to divide political subdivisions, only two
political subdivisions, other than a county, may be divided per
house of representatives district. |
(E) Subject to all other requirements of this article, the
commission shall preserve together whole suburban, urban, and
rural communities that share similar characteristics. |
5. 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 Section 3 of this article. |
6. The standards prescribed in this section and
Sections 3, 4, and 5 of this article 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 Section 3 of this article, but in no event less than
ninety-five per cent of the ratio nor more than one hundred five
per cent of the ratio, shall be designated a representative
district. |
(B) Each county containing population between ninety and
ninety-five per cent of the ratio or between one hundred five and
one hundred ten per cent of the ratio may be designated a
representative district. |
(C)(1) If political subdivisions must be divided in order to
create the remaining representative districts, those districts
shall be formed by combining the whole areas of political
subdivisions, beginning with the political subdivisions with the
smallest populations and proceeding to the largest. |
(2) 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. |
(3) Of the remaining territory of the state, where feasible,
multiple whole counties shall be combined as single representative
districts.
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(4) Of the remaining territory of the state, the commission
shall draw the boundary lines of representative districts as to
delineate an area containing at least one whole county and the
necessary additional territory.
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(D) The remaining territory of the state shall be combined
into representative districts. |
7. 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 Section
3 of this article. |
Senate districts shall be numbered from one through
thirty-three and as provided in Section 10 of this article. |
8. The standards prescribed in this section and
Section 4 of this article shall govern the establishment of
congressional districts, which shall be created in the following
order so long as such order is consistent with the foregoing
standards: |
(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 congressional ratio of
representation for ten years next succeeding such apportionment. |
(B) The number of whole ratios of representation for a county
shall be determined by dividing the population of the county by
the congressional ratio of representation. |
(C) 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, as that county contains whole ratios of
representation. |
(D) The remaining territory of the state shall be combined
into congressional districts. |
9. Notwithstanding the fact that boundaries of
political subdivisions within a district may be changed, district
boundaries shall be created by using the boundaries of political
subdivisions as they exist at the time of the federal decennial
census on which the redistricting is based, or, if unavailable, on
such other basis as the general assembly has directed. |
10. At any time the boundaries of senate districts
are changed in any plan of redistricting made pursuant to any
provision of this article, a senator whose term will not expire
within two years of the time the plan of redistricting is made
shall represent, for the remainder of the term for which the
senator was elected, the senate district which contains the
largest portion of the population of the district from which the
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
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. |
11. (A) The supreme court of Ohio shall have
exclusive, original jurisdiction in all cases arising under this
article. |
(B) In the event that any section of this constitution
relating to redistricting or any plan of redistricting made by the
Ohio redistricting commission is determined to be invalid by an
unappealed final order of a court of competent jurisdiction then,
notwithstanding any other provisions of this constitution, the
commission shall reconvene to ascertain and determine a plan of
redistricting 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 redistricting in conformity with such provisions of this
constitution as are then valid. |
(C) Notwithstanding any provision of this constitution or any
law regarding the residence of senators and representatives, a
plan of redistricting made pursuant to this section shall allow
thirty days for persons to change residence in order to be
eligible for election. |
(D) No court shall order, in any circumstance, the
implementation or enforcement of any plan that has not been
approved by the commission in the manner prescribed by this
article. |
12. The various provisions of this article 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, new Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12
of Article XI take effect January 1, 2021 and existing Sections 1,
2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Article XI and Sections 13, 14, and 15 of Article XI of the
Constitution of the State of Ohio are repealed from that effective
date. |
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