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H. J. R. No. 11 As IntroducedAs Introduced
| 130th General Assembly | | Regular Session | | 2013-2014 |
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A JOINT RESOLUTION | Proposing to enact Section 43 of Article II of the
Constitution of the State of Ohio to establish a
constitutional process for congressional
redistricting.
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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 3, 2015, a proposal to enact Section 43 of
Article II of the Constitution of Ohio to read as follows: |
| 43. (A)(1) The general assembly shall be responsible
for the redistricting of this state for congress based on the
prescribed number of congressional districts apportioned to the
state pursuant to Section 2 of Article 1 of the Constitution of
the United States. Each congressional district shall be entitled
to a single representative in the United States house of
representatives in each congress. |
| (2) Congressional districts shall be created in the following
order: |
| (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 1 of the Constitution of the United States,
and the quotient shall be the congressional ratio of
representation for the ten years next succeeding such
apportionment. |
| (b) Proceeding in succession from the largest to the
smallest, each county that, based on population, could contain
more than one whole congressional district shall be divided into
not more congressional districts than the number of whole
congressional districts the county could contain, plus one. |
| (c) The remaining territory of the state shall be combined
into congressional districts. |
| (3) A congressional district plan shall comply with all
applicable provisions of the Constitution of the United States and
of federal law. |
| (B) Except as otherwise provided in division (D) of this
section or by a final unappealed order of a court of competent
jurisdiction, a congressional district plan shall become effective
only in a year ending in the numeral one. |
| (C)(1)(a) A joint legislative committee shall be responsible
to propose a congressional district plan. The committee shall
consist of the following six members, each of whom shall be a
current member of the general assembly: |
| (i) Two persons appointed by the speaker of the house of
representatives; |
| (ii) Two persons appointed by the president of the senate; |
| (iii) One person appointed by the legislative leader of the
largest political party in the house of representatives of which
the speaker is not a member; |
| (iv) 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. |
| (b) Not later than the fifteenth day of August of a year
ending in the numeral one, the committee shall propose a
congressional district plan to the general assembly by the
affirmative vote of four members of the committee, including at
least one member of the committee who is a member of the largest
political party represented in the general assembly and one member
of the committee who is a member of the second largest political
party represented in the general assembly.
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| (c) If the committee fails to propose a congressional
district plan to the general assembly not later than the
fifteenth day of August of a year ending in the numeral one, in
accordance with division (C)(1)(b) of this section, the committee
shall propose a congressional district plan to the general
assembly not later than the fifteenth day of September of that
year. The proposal of a district plan under this division shall
require the affirmative vote of four members of the committee,
including at least two members of the committee who are
representatives and two members of the committee who are senators. |
| (2)(a) Notwithstanding division (A) of Section 15 of this
article, the general assembly shall vote on whether to adopt a
plan proposed under division (C)(1) of this section, without
amendment, by joint resolution. If the district plan was proposed
under division (C)(1)(b) of this section, the general assembly
shall vote on whether to adopt the proposed plan not later than
the thirty-first day of August of that year. If the district plan
was proposed under division (C)(1)(c) of this section, the general
assembly shall vote on whether to adopt the proposed plan not
later than the first day of October of that year. The adoption of
the proposed district plan shall require the affirmative vote of a
majority of the members elected to each house of the general
assembly. After the district plan is adopted, it shall be filed
with the secretary of state. Upon filing with the secretary of
state, the plan shall become effective. |
| (b) If the general assembly fails to adopt the proposed
congressional district plan not later than the applicable deadline
prescribed by division (C)(2)(a) of this section, the proposed
congressional district plan shall be filed with the secretary of
state. Upon filing with the secretary of state, the plan shall
become effective. |
| (D)(1) A district plan that meets any of the following
conditions shall be effective for elections occurring in the year
following the year in which the plan became effective and shall be
subject to a vote of the electors as provided in division (D)(2)
of this section: |
| (a) The plan was proposed under division (C)(1)(b) of this
section, was not adopted by the general assembly, and became
effective under division (C)(2)(b) of this section. |
| (b) The plan was proposed under division (C)(1)(c) of this
section and was adopted by the general assembly under division
(C)(2)(a) of this section. |
| (c) The plan was proposed under division (C)(1)(c) of this
section, was not adopted by the general assembly, and became
effective under division (C)(2)(b) of this section. |
| (2) At the general election conducted in the year following
the year in which the plan became effective, the following
question shall be submitted to the electors of the state: |
| "Shall the Ohio General Assembly draw new congressional
districts?" |
| (3) If a majority of the electors vote in favor of requiring
the general assembly to draw new congressional districts, not
earlier than the first day of February of the following year, the
joint legislative committee shall propose, and the general
assembly shall adopt, new congressional districts in accordance
with this section. The new plan shall be drawn using the same
population data as were used to draw the plan described in
division (D)(1) of this section. |
| (4) If a majority of the electors vote against requiring the
general assembly to draw new congressional districts, the district
plan described in division (D)(1) of this section shall remain in
effect until one-half of the general elections for congress
scheduled to occur during the period beginning after the election
at which the electors voted not to require the general assembly to
draw new congressional districts and ending in the next year
ending in the numeral one have occurred. If an odd number of
applicable elections are scheduled to occur during that period,
the number of general elections to be held using the plan
described in division (D)(1) of this section shall be determined
by rounding up to the next whole number. After a plan described in
division (D)(1) of this section ceases to be effective under this
division, and not earlier than the first day of February of the
year following the year in which the plan ceased to be effective,
the joint legislative committee shall propose, and the general
assembly shall adopt, new congressional districts, in accordance
with this section, to be used until the next time for
redistricting under this section. The new plan shall be drawn
using the same population data as were used to draw the plan
described in division (D)(1) of this section. |
| (E) A congressional district plan that becomes effective
under this section is not subject to the referendum and is not
subject to the veto of the governor. The electors may not propose
a congressional district plan by initiative. |
| If adopted by a majority of the electors voting on this
proposal, Section 43 of Article II of the Constitution of the
State of Ohio takes effect January 1, 2021. |
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