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H. J. R. No. 12 As IntroducedAs Introduced
| 130th General Assembly | | Regular Session | | 2013-2014 |
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A JOINT RESOLUTION | Proposing to amend Sections 1, 2, 6, 7, 12, and 13;
to amend, for the purpose of adopting a new
section number as indicated in parentheses,
Section 13 (14); to enact new Section 13; and to
repeal Section 14 of Article XI of the
Constitution of the State of Ohio to revise the
redistricting process for General Assembly
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 3, 2015, a proposal to amend Sections 1, 2, 6,
7, 12, and 13; to amend, for the purpose of adopting a new section
number as indicated in parentheses, Section 13 (14); and to enact
new Section 13 of Article XI of the Constitution of the State of
Ohio to read as follows: |
1. The(A) The Ohio redistricting commission shall
be responsible for the redistricting of this state for the general
assembly. The commission shall consist of the following seven
members: |
(2) The auditor of state,; |
(3) The secretary of state, one; |
(4) One person
chosenappointed by the speaker of the house
of representatives and; |
(5) One person appointed by the leader inpresident of the
senate of the political party of which the speaker is a member,
and one; |
(6) One person
chosenappointed by the legislative leaders in
the two housesleader of the majorlargest political party in the
house of representatives 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; |
| (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. |
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. The governor shall give such persons two weeks
advance notice of the date, time, and place of such meeting. |
The governor shall cause the apportionment to be published no
later than October 5 of the year in which it is made, in such
manner as provided by law. |
| No appointed member of the commission shall be a current
member 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. Except as otherwise provided in Section
14 of this Article, the affirmative vote of four members of the
commission, including at least one member of the commission who is
a member of the largest political party represented in the general
assembly and at least one member of the commission who is a member
of the second largest political party represented in the general
assembly, 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 Sections 13 and 14 of this Article, the
members shall select co-chairpersons, one of whom shall be a
member of the largest political party represented in the general
assembly and one of whom shall be a member of the second largest
political party represented in the general assembly, and shall set
a schedule for the adoption of procedural rules for the operation
of the commission. |
| The commission may 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.
The commission shall draft a proposed plan in the manner
prescribed in this Article. Before adopting a final general
assembly district plan, the commission shall conduct a minimum of
three public hearings across the state to seek public input
regarding the redistricting process and any proposed plan. 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 a final plan not earlier than the
last week of August of a year ending in the numeral one but not
later than the thirty-first day of August 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 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. |
Section 2. The apportionmentredistricting of this state for
members of the general assembly shall be made in the following
manner: 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 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 6. District boundaries established pursuant to this
Article shall not be changed until the ensuing federal decennial
census and the ensuing
apportionmentredistricting or as provided
in section 13 or 14 of this Article, notwithstanding the fact that
boundaries of political subdivisions or city wards within the
district may be changed during that time. District boundaries
shall be created by using the boundaries of political subdivisions
and city wards as they exist at the time of the federal decennial
census on which the
apportionmentredistricting is based, or such
other basis as the general assembly has directed. |
Section 7. (A) Every house of representatives district shall
be compact and composed of contiguous territory, and the boundary
of each district shall be a single nonintersecting continuous
line. To |
| (B) The commission shall minimize the splitting of political
subdivisions. As used in this section, "political subdivision"
means a county, a municipal corporation, a township, or a
municipal ward. |
| (1) 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. |
| (2) Dividing, along a county line, a political subdivision
that has territory in more than one county shall not be considered
splitting the political subdivision. |
| (C) To the extent consistent with the requirements of section
3 of this Article, the boundary lines of house of representatives
districts shall be so drawn as to delineate an area containing one
or more whole counties. |
(B)(D) Where the requirements of section 3 of this Article
cannot feasibly be attained by forming a house of representatives
district from a whole county or counties, such district shall be
formed by combining the areas of governmental units giving
preference in the order named to counties, townships,
municipalities, and city wardswhole political subdivisions, other
than a county. |
(C)(E) Where the requirements of section 3 of this Article
cannot feasibly be attained by combining the areas of governmental
unitswhole political subdivisions, other than a county, as
prescribed in division (B)(D) of this section, only one such unitpolitical subdivision may be divided between two house of
representatives districts, giving preference in the selection of a
unit for division to a township, a city ward, a city, and a
village in the order named. |
(D)(F) In making a new apportionmentredistricting plan, house of representatives district boundaries established by the
preceding apportionment shall be adopted to the extent reasonably
consistent with the requirements of section 3 of this Article. |
Section 12. At any time the boundaries of senate districts
are changed in any plan of apportionmentredistricting made
pursuant to any provision of this Article, a senator whose term
will not expire within two years of the time the plan ofapportionmentredistricting 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
apportionmentcommission, by a majority of theirits number, 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. |
| 13. (A) If the Ohio redistricting commission fails
to adopt a final general assembly district plan not later than the
thirty-first day of August of a year ending in a numeral one, in
accordance with Section 1 of this Article, the following procedure
shall apply: |
| (1) Not later than the twenty-third day of September of that
year, the governor, the auditor of state, and the secretary of
state, acting independently of the commission and by a simple
majority vote of their number, shall create a general assembly
district plan. |
| (2) Not later than the thirtieth day of September of that
year, the governor, the auditor of state, and the secretary of
state shall call a meeting of the commission and shall provide the
commission with a final opportunity to adopt the plan created
under division (A)(1) of this section by the affirmative vote of
four members of the commission, including at least one member of
the commission who is a member of the largest political party
represented in the general assembly and at least one member of the
commission who is a member of the second largest political party
represented in the general assembly, in accordance with Section 1
of this Article. |
| (3) If the commission fails to adopt the plan created under
division (A)(1) of this section not later than the first day of
October of that year, the governor shall file the plan with the
secretary of state. Upon filing with the secretary of state, the
plan shall become effective. |
| (B) A general assembly district plan that becomes effective
under division (A)(3) of this section shall be effective for
elections occurring in the year following the year in which the
plan was adopted. At the general election conducted in that year,
the following question shall be submitted to the electors of the
state: |
| "Shall the Ohio Redistricting Commission convene to draw new
General Assembly districts?" |
| (C) If a majority of the electors vote in favor of convening
the commission to adopt a new general assembly district plan, the
commission shall convene not earlier than the first day of
February of the following year to adopt a plan in accordance with
this Article. The commission shall draw the new plan using the
same population and political subdivision and city ward boundary
data as were used to draw the plan that became effective under
division (A)(3) of this section. |
| (D) If a majority of the electors vote against convening the
commission to adopt a new general assembly district plan, the
district plan that became effective under division (A)(3) of this
section shall remain in effect until one-half of the general
elections for the general assembly scheduled to occur during the
period beginning after the election at which the electors voted
not to convene the commission for the plan 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 that
became effective under division (A)(3) of this section shall be
determined by rounding up to the next whole number. After a plan
that became effective under division (A)(3) 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 commission shall convene to adopt
a plan, in accordance with this Article, to be used until the next
time for redistricting under this Article. The commission shall
draw the new plan using the same population and political
subdivision and city ward boundary data as were used to draw the
plan that became effective under division (A)(3) of this section.
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Section 13 14. (A) The supreme court of Ohio shall have
exclusive, original jurisdiction in all cases arising under this
Article. In |
(B) In the event that any section of this Constitution
relating to apportionmentredistricting or any plan ofapportionmentredistricting 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 supremean unappealed final order of a court of the United Statescompetent jurisdiction, then notwithstanding any
other provisions of this Constitution, the persons responsible for
apportionment by a majority of their numbercommission shall reconvene to 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. |
(C) 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. |
| (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. |
| EFFECTIVE DATE AND REPEAL
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| If adopted by a majority of the electors voting on this
proposal, Sections 1, 2, 6, 7, 12, and 13 (14) of Article XI
amended or amended and renumbered by this proposal and new Section
13 of Article XI enacted by this proposal take effect January 1,
2021, and existing Sections 1, 2, 6, 7, 12, and 13 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 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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