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Sub. H. J. R. No. 12 As Reported by the House Policy and Legislative Oversight CommitteeAs Reported by the House Policy and Legislative Oversight Committee 130th General Assembly | Regular Session | 2013-2014 |
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A JOINT RESOLUTION | Proposing to enact new Sections 1, 2, 3, 4, 5, 6, 7,
8, 9, 10, and 11 of Article XI and to repeal
Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, and 15 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 enact new Sections 1,
2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 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 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. |
The legislative leaders in the senate and the house of
representatives of each of the two largest political parties
represented in the general assembly, acting jointly by political
party, shall appoint a member of the commission to serve as a
co-chairperson of the commission. |
No appointed member of the commission shall be a current
member of congress. |
(B)(1) Unless otherwise specified in this article, a simple
majority of the commission members shall be required for any
action by the commission. |
(2) A majority vote of the members of the commission,
including at least one member of the commission who is a member of
each of the two largest political parties represented in the
general assembly, shall be required to do any of the following: |
(a) Adopt rules of the commission; |
(b) Hire staff for the commission; |
(3) The affirmative vote of four members of the commission,
including at least two members of the commission who represent
each of the two largest political parties represented in the
general assembly shall be required to adopt any plan. For the
purpose of this division, a member of the commission shall be
considered to represent a political party if the member was
appointed to the commission by a member of that political party or
if, in the case of the governor, the auditor of state, or the
secretary of state, the member is a member of that political
party. |
(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 9 and 10 of this article, the
members shall set a schedule for the adoption of procedural rules
for the operation of the commission. |
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.
The commission shall draft the proposed plan in the manner
prescribed in this article. Before adopting, but after
introducing, a general assembly district plan, the commission
shall conduct a minimum of three public hearings across the state
to present the plan and shall seek public input regarding the
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. |
The commission shall adopt final plans not later than the
first day of September 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. |
2. 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. |
4. (A)(1) 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, including, but not
limited to, those provisions dealing specifically with the
protection of minority voting rights. |
(2) Every general assembly district shall be compact and
composed of contiguous territory, and the boundary of each
district shall be a single nonintersecting continuous line. |
(B)(1) House of representatives districts shall be created
and numbered in the following order of priority, to the extent
that such order is consistent with the foregoing standards: |
(a) Proceeding in succession from the largest to the
smallest, each county containing population greater than one
hundred five per cent of the ratio of representation in the house
of representatives, as provided in Section 3 of this article,
shall be divided into as many house of representatives districts
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. |
(b) 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. |
(c) Representative districts shall be drawn so as to split
the smallest possible number of municipal corporations and
townships whose contiguous portions contain a population of more
than fifty per cent, but less than one hundred per cent, of one
ratio of representation. |
(d) The remaining territory of the state shall be divided
into representative districts by combining the areas of whole
municipal corporations and townships. |
(e) Where the requirements of division (B)(1) of this section
and Section 3 of this article cannot feasibly be attained by
forming a representative district from whole municipal
corporations and townships, not more than one municipal
corporation or township may be split per representative district. |
(2) If the commission must violate a standard listed in
division (B)(1) of this section in order to draw a house of
representatives district map, the commission shall violate the
standard having the lowest possible priority, as listed in that
division. If the commission violates a standard listed in that
division, the commission shall include in the district plan a
statement explaining which standard was violated and the reason
the standard was violated. |
(C)(1) Except as otherwise provided in division (C)(2) of
this section, a county, municipal corporation, or township is
considered to be split if any contiguous portion of its territory
is not contained entirely within one district. |
(2) Dividing, along a county line, a municipal corporation or
township that has territory in more than one county shall not be
considered splitting the municipal corporation or township. |
5. The Ohio redistricting commission shall attempt to
draw a general assembly district plan that meets both of the
following standards: |
(A) No district plan shall be drawn primarily to favor or
disfavor a political party. |
(B) The statewide proportion of districts whose voters, based
on recent statewide state and federal election results, favor each
political party shall correspond closely to the statewide
preferences of the voters of Ohio. |
6. 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 8 of this article. |
7. Notwithstanding the fact that boundaries of
counties, municipal corporations, and townships within a district
may be changed, district boundaries shall be created by using the
boundaries of counties, municipal corporations, and townships 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. |
8. 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 district
plan 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. |
9. (A)(1) If the Ohio redistricting commission fails
to adopt a final general assembly district plan not later than the
first day of September of a year ending in the numeral one, in
accordance with Section 1 of this article, the commission shall
introduce a general assembly district plan by a simple majority
vote of the commission. |
(2) After introducing a general assembly district plan under
division (A)(1) of this section, the commission shall hold a
public hearing concerning the introduced plan, at which the public
may offer testimony and at which the commission may adopt
amendments to the introduced plan. All members of the commission
shall be required to attend the hearing. A quorum of the members
of the commission is required to conduct the hearing. |
(3) After the hearing described in division (A)(2) of this
section is held, and not later than the fifteenth day of September
of a year ending in the numeral one, the commission shall adopt a
final general assembly district plan, either by the vote required
to adopt a plan under division (B) of Section 1 of this article or
by a simple majority vote of the commission. |
(B) If the commission adopts a final general assembly
district plan in accordance with division (A)(3) of this section
by the vote required to adopt a plan under division (B) of Section
1 of this article, the plan shall take effect upon filing with the
secretary of state and shall remain effective until the next year
ending in the numeral one, except as provided in Section 10 of
this article. |
(C)(1) If the commission adopts a final general assembly
district plan in accordance with division (A)(3) of this section
by a simple majority vote of the commission, the plan shall take
effect upon filing with the secretary of state and shall remain
effective until two general elections for the house of
representatives have occurred under the plan or until a year
ending in the numeral one, whichever is earlier. |
(2) A final general assembly district plan adopted in
accordance with division (A)(3) of this section by a simple
majority vote of the commission shall include a statement
explaining what the commission determined to be the statewide
preferences of the voters of Ohio and the manner in which the
statewide proportion of districts in the plan whose voters, based
on recent election results, favor each political party corresponds
closely to those preferences, as described in division (B) of
Section 5 of this article. At the time the plan is adopted, a
member of the commission who does not vote in favor of the plan
may submit a declaration of the member's opinion concerning the
statement included with the plan. |
(D) After a plan adopted under division (C) of this section
ceases to be effective, and not earlier than the first day of July
of the year following the year in which the plan ceased to be
effective, the commission shall be reconstituted as provided in
Section 1 of this article, convene, and adopt a new general
assembly district 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
county, municipal corporation, and township boundary data as were
used to draw the plan adopted under division (C) of this section. |
10. (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 be reconstituted as provided in Section 1 of this
article, convene, and 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)(1) 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. |
(2) If the supreme court of Ohio determines that a general
assembly district plan adopted by the commission does not comply
with the standards set forth in this article, the available
remedies shall be as follows: |
(a) If the court finds that the district plan violates the
requirements of Section 2, 3, 6, 7, or 8 or division (A)(2), (B),
or (C) of Section 4 of this article, the court shall order the
commission to correct the violation. |
(b) If, in considering a district plan adopted under division
(C) of Section 9 of this article, the court determines that both
of the following are true, the court shall order the commission to
adopt a new general assembly district plan in accordance with this
article: |
(i) The plan significantly violates the requirements of
Section 2, 3, 6, 7, or 8 or division (A)(2), (B)(1)(a), (B)(1)(b),
(B)(1)(c), (B)(1)(e), (B)(2), or (C) of Section 4 of this article
in a manner that materially affects the ability of the plan to
contain districts whose voters favor political parties in an
overall proportion that corresponds closely to the statewide
political party preferences of the voters of Ohio, as described in
division (B) of Section 5 of this article. |
(ii) The statewide proportion of districts in the plan whose
voters, based on recent statewide state and federal election
results, favor each political party does not correspond closely to
the statewide preferences of the voters of Ohio. |
11. 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, and 11 of
Article XI take effect January 1, 2021, and Sections 1, 2, 3, 4,
5, 6, 7, 8, 9, 10, 11, 12, 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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