February 6, 2013, Introduced by Reps. Townsend, Irwin, Cavanagh, Slavens, Schor, Lane and McCann and referred to the Committee on 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 modify congressional and legislative apportionment and
districting.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to modify congressional and legislative
apportionment and districting, 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 state for the purpose of electing senators
after
the official publication of the total population 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 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 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 of such 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 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 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 of the state shall
constitute
a separate representative area. Each county having less
than
seven-tenths of one percent of the population of the 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 of the 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
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 of such 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 of the
representative
area by the number of representatives to which it is
entitled.
(2)
Such 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,
adhering
to county lines.
Sec.
6. A The redistricting commission on legislative and
congressional apportionment is hereby established consisting of
eight
electors nine members, as
follows: 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
state.
one member selected by the
speaker of the house of
representatives, one member selected by the minority leader of the
house of representatives, one member selected by the majority
leader of the senate, one member selected by the minority leader of
the senate, and five members selected by the auditor general. Each
member of the commission shall be an elector of 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 An
individual who has been appointed to or
elected to any public office, has been employed by a political
party or a political party caucus in the immediately preceding
five-year period, has received compensation as a registered
lobbyist in the immediately preceding five-year period, is employed
by an organization from which members of the commission are
prohibited from receiving gifts or loans, or has entered into a
contract with this state or is employed by a person who has entered
into a contract with this state is not eligible for membership on
the commission. Members of the commission shall not be eligible for
election
to the legislature or
appointment to public office until
two
ten years after the apportionment in which they
participated
becomes effective.
The
commission shall be appointed immediately after the
adoption
of this constitution not
later than July 1 in the year the
federal decennial census is conducted and whenever apportionment or
districting of the legislature is required by the provisions of
this constitution. Members of the commission shall hold office
until December 1 in the year immediately following the year 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
from the
members appointed by the auditor general and shall make its own
rules
of procedure. , and shall receive compensation provided by
law.
Members of the commission
shall serve without compensation.
However, members of the commission shall be reimbursed for their
actual and necessary expenses incurred in the performance of their
official duties as members of the commission. The legislature shall
appropriate funds to enable the commission to carry out its
activities. A member shall not solicit or accept a gift or loan
from a registered lobbyist, a union, a business registered with
this state, a political action committee, a nonprofit organization,
or an organization organized under section 501(c) or 527 of the
internal revenue code of 1986, 26 USC 501 and 527.
Within 30 days after the adoption of this
constitution, and
after
the official total population count
of each federal decennial
census of the 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 not later than
November 1 in the year
immediately following the federal decennial census. The commission
shall proceed to district and apportion the senate and house of
representatives and congressional representation 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 and
shall allow members of the public to submit their own plans.
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.
The business that the commission may perform shall be
conducted at a public meeting of the commission held in compliance
with the open meetings act, 1976 PA 267. A writing prepared, owned,
used, in the possession of, or retained by the commission in the
performance of an official function is subject to the freedom of
information act, 1976 PA 442.
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 plan to
the commission for further action if it fails to comply with the
requirements of this constitution.
In arranging this state into congressional, house, and senate
districts, the redistricting commission shall be governed by the
following rules:
(a) Each congressional district shall achieve precise
mathematical equality of population in each district.
(b) Each congressional district shall be entitled to elect a
single member.
(c) Each congressional district shall not violate section 2 of
title I of the voting rights act of 1965, Public Law 89-110.
(d) Each congressional district shall consist of areas of
convenient territory contiguous by land. Areas that meet only at
points of adjoining corners are not contiguous.
(e) Congressional district lines shall break as few county
boundaries as is reasonably possible.
(f) If it is necessary to break county lines to achieve
equality of population between congressional districts, the number
of people necessary to achieve population equality shall be shifted
between the two districts affected by the shift.
(g) Congressional district lines shall break as few city and
township boundaries as is reasonably possible.
(h) If it is necessary to break city or township lines to
achieve equality of population between congressional districts, the
number of people necessary to achieve population equality shall be
shifted between the two districts affected by the shift.
(i) Within a city or township to which there is apportioned
more than one congressional district, district lines shall be drawn
to achieve the maximum compactness possible.
(j) Compactness shall be determined by circumscribing each
district within a circle of minimum radius and measuring the area,
not part of the Great Lakes and not part of another state, inside
the circle but not inside the district.
(k) If a discontiguous township island exists within an
incorporated city or discontiguous portions of townships are split
by an incorporated city, the splitting of the township shall not be
considered a split if any of the following circumstances exist:
(i) The city must be split to achieve equality of population
between congressional districts and it is practicable to keep the
township together within one district.
(ii) A township island is contained within a whole city and a
split of the city would be required to keep the township intact.
(iii) The discontiguous portion of a township cannot be included
in the same district with another portion of the same township
without creating a noncontiguous district.
(l) Senate or house of representatives districts shall be areas
of convenient territory contiguous by land. Areas that meet only at
the points of adjoining corners are not contiguous.
(m) Senate or house of representatives districts shall have a
population not exceeding 105 percent and not less than 95 percent
of the ideal district size for the senate or the house of
representatives unless and until the United States supreme court
establishes a different range of allowable population divergence
for state legislative districts.
(n) District lines shall preserve county lines with the least
cost to the principle of equality of population.
(o) If it is necessary to break county lines to stay within
the range of allowable population divergence, the fewest whole
cities or whole townships necessary shall be shifted. Between two
cities or townships, either of which will bring the districts into
compliance with subdivision (m), the city or township with the
lesser population shall be shifted.
(p) Within those counties to which there is apportioned more
than one senate district or house of representatives district,
district lines shall be drawn on city and township lines with the
least cost to the principle of equality of population between
election districts consistent with the maximum preservation of city
and township lines and without exceeding the range of allowable
divergence.
(q) If it is necessary to break city or township lines to stay
within the range of allowable divergence, the number of people
necessary to achieve population equality shall be shifted between
the two districts affected by the shift, except that in lieu of
absolute equality the lines may be drawn along the closest street
or comparable boundary.
(r) Within a city or township to which there is apportioned
more than one senate district or house of representatives district,
district lines shall be drawn to achieve the maximum compactness
possible within a population range of 98 percent to 102 percent of
absolute equality between districts within that city or township.
(s) Compactness shall be determined by circumscribing each
district within a circle of minimum radius and measuring the area,
not part of the Great Lakes and not part of another state, inside
the circle but not inside the district.
(t) If a discontiguous township island exists within an
incorporated city or discontiguous portions of townships are split
by an incorporated city, the splitting of the township shall not be
considered a split if any of the following circumstances exist:
(i) The city must be split to stay within the range of
allowable divergence and it is practicable to keep the township
together within one district.
(ii) A township island is contained within a whole city and a
split of the city would be required to keep the township intact.
(iii) The discontiguous portion of a township cannot be included
in the same district with another portion of the same township
without creating a noncontiguous district.
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.