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Sub. H. J. R. No. 12 As Reported by the Senate Rules CommitteeAs Reported by the Senate Rules Committee 130th General Assembly | Regular Session | 2013-2014 |
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Representatives Huffman, Sykes
Cosponsors:
Representatives Amstutz, Anielski, Ashford, Baker, Brown, Burkley, Clyde, Duffey, Grossman, Hackett, Hagan, C., Hayes, Kunze, Letson, McClain, McGregor, Patmon, Scherer, Schuring, Stebelton, Wachtmann Speaker Batchelder
Senators Faber, Coley
A JOINT RESOLUTION | Proposing to enact new Sections 1, 2, 3, 4, 5, 6, 7,
8, 9, and 10 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, and 10 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. |
(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) Except as otherwise provided in division (B)(2)(b) of
this section, 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: |
(i) Adopt rules of the commission; |
(ii) Hire staff for the commission; |
(b) If the commission is unable to agree, by the vote
required under division (B)(2)(a) of this section, on the manner
in which funds should be expended, each co-chairperson of the
commission shall have the authority to expend one-half of the
funds that have been appropriated to 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 general assembly
district 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 8 and 9 of this article, the
commission 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 general
assembly district 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 proposed plan, the commission
shall conduct a minimum of three public hearings across the state
to present the proposed 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 a final general assembly district
plan not later than the first day of September of a year ending in
the numeral one. After the commission adopts a final plan, the
commission shall promptly file the plan with the secretary of
state. Upon filing with the secretary of state, the plan shall
become effective. |
Four weeks after the adoption of a general assembly district
plan, the commission shall be automatically dissolved. |
(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) A general assembly district plan shall comply with all of
the requirements of division (B) of this section. |
(1) 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. |
(2) Any general assembly district plan adopted by the
commission shall comply with all applicable provisions of the
constitutions of Ohio and the United States and of federal law. |
(3) Every general assembly district shall be composed of
contiguous territory, and the boundary of each district shall be a
single nonintersecting continuous line. |
(C) 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: |
(1) 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 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. |
(2) Each county containing population of not less than
ninety-five per cent of the ratio of representation in the house
of representatives nor more than one hundred five per cent of the
ratio shall be designated a representative district. |
(3) The remaining territory of the state shall be divided
into representative districts by combining the areas of counties,
municipal corporations, and townships. Where feasible, no county
shall be split more than once. |
(D)(1)(a) Except as otherwise provided in divisions (D)(1)(b)
and (c) 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. |
(b) If a municipal corporation or township has territory in
more than one county, the contiguous portion of that municipal
corporation or township that lies in each county shall be
considered to be a separate municipal corporation or township for
the purposes of this section. |
(c) If a municipal corporation or township that is located in
a county that contains a municipal corporation or township that
has a population of more than one ratio of representation is split
for the purpose of complying with division (E)(1)(a) or (b) of
this section, each portion of that municipal corporation or
township shall be considered to be a separate municipal
corporation or township for the purposes of this section. |
(2) 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. |
(3) Where the requirements of divisions (B), (C), and (D) of
this section 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. |
(E)(1) If it is not possible for the commission to comply
with all of the requirements of divisions (B), (C), and (D) of
this section in drawing a particular representative district, the
commission shall take the first action listed below that makes it
possible for the commission to draw that district: |
(a) Notwithstanding division (D)(3) of this section, the
commission shall create the district by splitting two municipal
corporations or townships whose contiguous portions do not contain
a population of more than fifty per cent, but less than one
hundred per cent, of one ratio of representation. |
(b) Notwithstanding division (D)(2) of this section, the
commission shall create the district by splitting a municipal
corporation or township whose contiguous portions contain a
population of more than fifty per cent, but less than one hundred
per cent, of one ratio of representation. |
(c) Notwithstanding division (C)(2) of this section, the
commission shall create the district by splitting, once, a single
county that contains a population of not less than ninety-five per
cent of the ratio of representation, but not more than one hundred
five per cent of the ratio of representation. |
(d) Notwithstanding division (C)(1) of this section, the
commission shall create the district by including in two districts
portions of the territory that remains after a county that
contains a population of more than one hundred five per cent of
the ratio of representation has been divided into as many house of
representatives districts as it has whole ratios of
representation. |
(2) If the commission takes an action under division (E)(1)
of this section, the commission shall include in the general
assembly district plan a statement explaining which action the
commission took under that division and the reason the commission
took that action. |
(3) If the commission complies with divisions (E)(1) and (2)
of this section in drawing a district, the commission shall not be
considered to have violated division (C)(1), (C)(2), (D)(2), or
(D)(3) of this section, as applicable, in drawing that district,
for the purpose of an analysis under division (D) of Section 9 of
this article. |
4. (A) Senate districts shall be composed of three
contiguous house of representatives districts. |
(B)(1) 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. |
(2) 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. |
(3) If it is not possible for the commission to draw
representative districts that comply with all of the requirements
of this article and that make it possible for the commission to
comply with all of the requirements of divisions (B)(1) and (2) of
this section, the commission shall draw senate districts so as to
commit the fewest possible violations of those divisions. If the
commission complies with this division in drawing senate
districts, the commission shall not be considered to have violated
division (B)(1) or (2) of this section, as applicable, in drawing
those districts, for the purpose of an analysis under division (D)
of Section 9 of this article. |
(C) 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
division (A) of Section 3 of this article. |
(D) Senate districts shall be numbered from one through
thirty-three and as provided in Section 5 of this article. |
5. At any time the boundaries of senate districts are
changed in any general assembly district plan made pursuant to any
provision of this article, a senator whose term will not expire
within two years of the time the plan becomes effective shall
represent, for the remainder of the term for which the senator was
elected, the senate district that 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 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. |
6. The Ohio redistricting commission shall attempt to
draw a general assembly district plan that meets all of the
following standards: |
(A) No general assembly district plan shall be drawn
primarily to favor or disfavor a political party. |
(B) The statewide proportion of districts whose voters, based
on statewide state and federal partisan general election results
during the last ten years, favor each political party shall
correspond closely to the statewide preferences of the voters of
Ohio. |
(C) General assembly districts shall be compact. |
Nothing in this section permits the commission to violate the
district standards described in Section 2, 3, 4, 5, or 7 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. (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 proposed general assembly district plan by a simple
majority vote of the commission. |
(2) After introducing a proposed general assembly district
plan under division (A)(1) of this section, the commission shall
hold a public hearing concerning the proposed plan, at which the
public may offer testimony and at which the commission may adopt
amendments to the proposed plan. Members of the commission should
attend the hearing;, however, only 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)(3) 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)(3) 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
9 of this article. |
(C)(1)(a) Except as otherwise provided in division (C)(1)(b)
of this section, 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, and not by the vote
required to adopt a plan under division (B)(3) of Section 1 of
this article, 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. |
(b) 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, and not by the vote
required to adopt a plan under division (B) of Section 1 of this
article, and that plan is adopted to replace a plan that ceased to
be effective under division (C)(1)(a) of this section before a
year ending in the numeral one, the plan adopted under this
division shall take effect upon filing with the secretary of state
and shall remain effective until a year ending in the numeral one,
except as provided in Section 9 of this article. |
(2) A final general assembly district plan adopted under
division (C)(1)(a) or (b) of this section 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 statewide state and federal partisan general
election results during the last ten years, favor each political
party corresponds closely to those preferences, as described in
division (B) of Section 6 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 general assembly district plan adopted under
division (C)(1)(a) 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 general
assembly district plan using the same population and county,
municipal corporation, and township boundary data as were used to
draw the previous plan adopted under division (C) of this section. |
9. (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, any general assembly district plan made
by the Ohio redistricting commission, or any district 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 general assembly district plan 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 time for redistricting under this
article 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
general assembly district plan 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 general assembly district
plan that has not been approved by the commission in the manner
prescribed by this article. |
(2) No court shall order the commission to adopt a particular
general assembly district plan or to draw a particular district. |
(3) If the supreme court of Ohio determines that a general
assembly district plan adopted by the commission does not comply
with the requirements of Section 2, 3, 4, 5, or 7 of this article,
the available remedies shall be as follows: |
(a) If the court finds that the plan contains one or more
isolated violations of those requirements, the court shall order
the commission to amend the plan to correct the violation. |
(b) If the court finds that it is necessary to amend not
fewer than six house of representatives districts to correct
violations of those requirements, to amend not fewer than two
senate districts to correct violations of those requirements, or
both, the court shall declare the plan invalid and shall order the
commission to adopt a new general assembly district plan in
accordance with this article. |
(c) If, in considering a plan adopted under division (C) of
Section 8 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 those requirements 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 6 of this article. |
(ii) The statewide proportion of districts in the plan whose
voters, based on statewide state and federal partisan general
election results during the last ten years, favor each political
party does not correspond closely to the statewide preferences of
the voters of Ohio. |
10. 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, and 10 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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