HOUSE JOINT RESOLUTION X

 

May 23, 2006, Introduced by Rep. Ward and referred to the Committee on House Oversight, Elections, and Ethics.

 

     A joint resolution proposing an amendment to the state

 

constitution of 1963, by amending sections 2, 3, and 6 of article

 

IV, to base legislative apportionment and districting on the number

 

of citizens of this state.

 

     Resolved by the Senate and House of Representatives of the

 

state of Michigan, That the following amendment to the state

 

constitution of 1963, to base legislative apportionment and

 

districting on the number of citizens of this state, is proposed,

 

agreed to, and submitted to the people of the state:

 

ARTICLE IV

 

     Sec. 2. The senate shall consist of 38 members to be elected

 

from single member districts at the same election as the governor


 

for four-year terms concurrent with the term of office of the

 

governor.

 

     In districting  the  this state for the purpose of electing

 

senators after the official publication of the total  population  

 

citizenship count of each federal decennial census, each county

 

shall be assigned apportionment factors equal to the sum of its

 

percentage of the  state's population  number of citizens of this

 

state as shown by the last regular federal decennial census

 

computed to the nearest one-one hundredth of one percent multiplied

 

by four and its percentage of the state's land area computed to the

 

nearest one-one hundredth of one percent.

 

     In arranging the state into senatorial districts, the

 

apportionment commission shall be governed by the following rules:

 

     (1) Counties with 13 or more apportionment factors shall be

 

entitled as a class to senators in the proportion that the total

 

apportionment factors of such counties bear to the total

 

apportionment factors of the state computed to the nearest whole

 

number. After each such county has been allocated one senator, the

 

remaining senators to which this class of counties is entitled

 

shall be distributed among such counties by the method of equal

 

proportions applied to the apportionment factors.

 

     (2) Counties having less than 13 apportionment factors shall

 

be entitled as a class to senators in the proportion that the total

 

apportionment factors of such counties bear to the total

 

apportionment factors of the state computed to the nearest whole

 

number.  Such  These counties shall  thereafter  be arranged into

 

senatorial districts that are compact, convenient, and contiguous


 

by land, as rectangular in shape as possible, and having as nearly

 

as possible 13 apportionment factors, but in no event less than 10

 

or more than 16. Insofar as possible, existing senatorial districts

 

at the time of reapportionment shall not be altered unless there is

 

a failure to comply with the above standards.

 

     (3) Counties entitled to two or more senators shall be divided

 

into single member districts. The  population  number of citizens

 

of  such  these districts shall be as nearly equal as possible but

 

shall not be less than 75 percent nor more than 125 percent of a

 

number determined by dividing the  population  number of citizens

 

of the county by the number of senators to which it is entitled.

 

Each such district shall follow incorporated city or township

 

boundary lines to the extent possible and shall be compact,

 

contiguous, and as nearly uniform in shape as possible.

 

     Sec. 3. The house of representatives shall consist of 110

 

members elected for two-year terms from single member districts

 

apportioned on a basis of  population  the number of citizens as

 

provided in this article. The districts shall consist of compact

 

and convenient territory contiguous by land.

 

     Each county which has a population of not less than seven-

 

tenths of one percent of the  population  number of citizens of  

 

the  this state shall constitute a separate representative area.

 

Each county having less than seven-tenths of one percent of the  

 

population  number of citizens of  the  this state shall be

 

combined with another county or counties to form a representative

 

area of not less than seven-tenths of one percent of the  

 

population  number of citizens of  the  this state. Any county


 

which is isolated under the initial allocation as provided in this

 

section shall be joined with that contiguous representative area

 

having the smallest percentage of the state's population. Each such

 

representative area shall be entitled initially to one

 

representative.

 

     After the assignment of one representative to each of the

 

representative areas, the remaining house seats shall be

 

apportioned among the representative areas on the basis of  

 

population  the number of citizens by the method of equal

 

proportions.

 

     Any county comprising a representative area entitled to two or

 

more representatives shall be divided into single member

 

representative districts as follows:

 

     (1) The  population  number of citizens of  such  these

 

districts shall be as nearly equal as possible but shall not be

 

less than 75 percent nor more than 125 percent of a number

 

determined by dividing the  population  number of citizens of the

 

representative area by the number of representatives to which it is

 

entitled.

 

     (2)  Such  These single member districts shall follow city and

 

township boundaries where applicable and shall be composed of

 

compact and contiguous territory as nearly square in shape as

 

possible.

 

     Any representative area consisting of more than one county,

 

entitled to more than one representative, shall be divided into

 

single member districts as equal as possible in  population  the

 

number of citizens, adhering to county lines.


 

     Sec. 6. A commission on legislative apportionment is  hereby  

 

established consisting of eight electors, four of whom shall be

 

selected by the state organizations of each of the two political

 

parties whose candidates for governor received the highest vote at

 

the last general election at which a governor was elected preceding

 

each apportionment. If a candidate for governor of a third

 

political party has received at such election more than 25 percent

 

of such gubernatorial vote, the commission shall consist of 12

 

members, four of whom shall be selected by the state organization

 

of the third political party. One resident of each of the following

 

four regions shall be selected by each political party

 

organization: (1) the upper peninsula; (2) the northern part of the

 

lower peninsula, north of a line drawn along the northern

 

boundaries of the counties of Bay, Midland, Isabella, Mecosta,

 

Newaygo and Oceana; (3) southwestern Michigan, those counties south

 

of region (2) and west of a line drawn along the western boundaries

 

of the counties of Bay, Saginaw, Shiawassee, Ingham, Jackson and

 

Hillsdale; (4) southeastern Michigan, the remaining counties of  

 

the  this state.

 

     No officers or employees of the federal, state, or local

 

governments, excepting notaries public and members of the armed

 

forces reserve, shall be eligible for membership on the commission.

 

Members of the commission shall not be eligible for election to the

 

legislature until two years after the apportionment in which they

 

participated becomes effective.

 

     The commission shall be appointed immediately after the

 

adoption of this constitution and whenever apportionment or


 

districting of the legislature is required by the provisions of

 

this constitution. Members of the commission shall hold office

 

until each apportionment or districting plan becomes effective.

 

Vacancies shall be filled in the same manner as for original

 

appointment.

 

     The secretary of state shall be secretary of the commission

 

without vote, and in that capacity shall furnish, under the

 

direction of the commission, all necessary technical services. The

 

commission shall elect its own  chairman  chairperson, shall make

 

its own rules of procedure, and shall receive compensation provided

 

by law. The legislature shall appropriate funds to enable the

 

commission to carry out its activities.

 

     Within 30 days after the adoption of this constitution, and

 

after the official total  population  citizenship count of each

 

federal decennial census of  the  this state and its political

 

subdivisions is available, the secretary of state shall issue a

 

call convening the commission not less than 30 nor more than 45

 

days thereafter. The commission shall complete its work within 180

 

days after all necessary census information is available. The

 

commission shall proceed to district and apportion the senate and

 

house of representatives according to the provisions of this

 

constitution. All final decisions shall require the concurrence of

 

a majority of the members of the commission. The commission shall

 

hold public hearings as may be provided by law.

 

     Each final apportionment and districting plan shall be

 

published as provided by law within 30 days from the date of its

 

adoption and shall become law 60 days after publication. The


 

secretary of state shall keep a public record of all the

 

proceedings of the commission and shall be responsible for the

 

publication and distribution of each plan.

 

     If a majority of the commission cannot agree on a plan, each

 

member of the commission, individually or jointly with other

 

members, may submit a proposed plan to the supreme court. The

 

supreme court shall determine which plan complies most accurately

 

with the constitutional requirements and shall direct that it be

 

adopted by the commission and published as provided in this

 

section.

 

     Upon the application of any elector filed not later than 60

 

days after final publication of the plan, the supreme court, in the

 

exercise of original jurisdiction, shall direct the secretary of

 

state or the commission to perform their duties, may review any

 

final plan adopted by the commission, and shall remand  such  the

 

plan to the commission for further action if it fails to comply

 

with the requirements of this constitution.

 

     Resolved further, That the foregoing amendment shall be

 

submitted to the people of the state at the next general election

 

in the manner provided by law.