September 10, 2015, Introduced by Senators BIEDA, ANANICH, GREGORY, HOPGOOD and HERTEL and referred to the Committee on Government Operations.
A bill to amend 1999 PA 221, entitled
"Congressional redistricting act,"
by amending sections 2 and 3 (MCL 3.62 and 3.63).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) The congressional redistricting commission is
created within the department of state.
(2) The congressional redistricting commission shall consist
of 9 members, appointed as follows:
(a) Four members appointed by the political party whose
candidate for the office of governor received the highest number of
votes at the last general election in which a governor was elected
preceding redistricting.
(b) Four members appointed by the political party whose
candidate for the office of governor received the second highest
number of votes at the last general election in which a governor
was elected preceding redistricting.
(c) One member, who shall serve as chairperson of the
commission, appointed by the auditor general.
(3) The members first appointed to the congressional
redistricting commission shall be appointed within 30 days after
the effective date of the amendatory act that added this
subsection.
(4) A member of the congressional redistricting commission
shall serve for a term of 2 years or until a successor is
appointed, whichever is later.
(5) If a vacancy occurs on the congressional redistricting
commission, the party or individual who appointed that member under
subsection (2) shall make an appointment for the unexpired term.
(6) The first meeting of the commission shall be called by the
chairperson. After the first meeting, the commission shall meet at
least quarterly, or more frequently at the call of the chairperson
or if requested by 5 or more members. The commission shall hold at
least 6 public hearings before voting on any congressional
redistricting plan. At least 1 of the hearings required under this
subsection shall take place in each of the following locations in
this state:
(a) The Upper Peninsula.
(b) 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.
(c) Southwestern Michigan, those counties south of the region
described in subdivision (b) and west of a line drawn along the
western boundaries of the counties of Bay, Saginaw, Shiawassee,
Ingham, Jackson, and Hillsdale.
(d) Southeastern Michigan, the remaining counties of this
state not included in subdivisions (a) to (c).
(7) The commission shall establish a website and post any
redistricting plan on the website at least 72 hours before voting
on the plan. The commission shall not change a redistricting plan
unless those changes have been posted on the website for at least
72 hours.
(8) A lobbyist, or an officer or employee of the federal or
state government, unless the officer or employee is the member
appointed by the auditor general, is not eligible to serve on the
commission.
(9) A majority of the members of the commission constitute a
quorum for the transaction of business at a meeting of the
commission. A majority of the members present and serving are
required for official action of the commission.
(10) 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, MCL 15.261 to 15.275.
(11) 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,
MCL 15.231 to 15.246.
(12) A member of the commission shall not solicit or accept a
gift or loan of money, goods, services, or other thing of value
from a lobbyist, an individual who holds an elective office, a
state or federal employee, or a 501 or 527 organization.
(13) A member of the congressional redistricting commission
shall serve without compensation. However, a member of the
congressional redistricting commission may be reimbursed for his or
her actual and necessary expenses incurred in the performance of
official duties as a member of the commission.
(14) By September 1, 2021, and every 10 years thereafter, the
congressional redistricting commission shall prepare a
congressional redistricting plan and shall deliver that plan to the
legislature. If 6 members of the congressional redistricting
commission cannot agree on a plan, the members appointed under
subsection (2)(a) shall submit a proposed plan to the legislature
and the members appointed under subsection (2)(b) shall submit a
proposed plan to the legislature by September 15. A congressional
redistricting plan submitted to the legislature under this
subsection shall be voted upon by the legislature before any other
redistricting
plan is enacted. Not later than
November 1, 2001,
2021, and every 10 years thereafter, the legislature shall enact a
redistricting plan for congressional districts apportioned to
Michigan.
(15) As used in this section:
(a) "Commission" means the congressional redistricting
commission created in subsection (1).
(b) "Elective office" means a public office filled by an
election.
(c) "Lobbyist" means a lobbyist or lobbyist agent registered
under 1978 PA 472, MCL 4.411 to 4.431.
(d) "State employee" means a classified member of the state
civil service or an unclassified employee of the executive,
legislative, or judicial branch of state government.
(e) "501 or 527 organization" means an organization that is
exempt from federal income tax pursuant to section 501 or 527 of
the internal revenue code of 1986, 26 USC 501 or 527.
Sec. 3. Except as otherwise required by federal law for
congressional districts in this state, the congressional
redistricting commission or legislature shall prepare the
redistricting
plan shall be enacted using only these guidelines in
the following order of priority:
(a) The constitutional guideline is that each congressional
district shall achieve precise mathematical equality of population
in each district.
(b) The federal statutory guidelines in no order of priority
are as follows:
(i) Each congressional district shall be entitled to elect a
single member.
(ii) Each congressional district shall not violate section 2
of
title I of the voting rights act of 1965, Public Law 89-110, 42
U.S.C.
USC 1973.
(c) The secondary guidelines in order of priority are as
follows:
(i) 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.
(ii) Congressional district lines shall break as few county
boundaries as is reasonably possible.
(iii) If it is necessary to break county lines to achieve
equality of population between congressional districts as provided
in subdivision (a), the number of people necessary to achieve
population equality shall be shifted between the 2 districts
affected by the shift.
(iv) Congressional district lines shall break as few city and
township boundaries as is reasonably possible.
(v) If it is necessary to break city or township lines to
achieve equality of population between congressional districts as
provided in subdivision (a), the number of people necessary to
achieve population equality shall be shifted between the 2
districts affected by the shift.
(vi) Within a city or township to which there is apportioned
more than 1 congressional district, district lines shall be drawn
to achieve the maximum compactness possible.
(vii) 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.
(viii) 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:
(A) The city must be split to achieve equality of population
between congressional districts as provided in subdivision (a) and
it is practicable to keep the township together within 1 district.
(B) A township island is contained within a whole city and a
split of the city would be required to keep the township intact.
(C) 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.
(ix) Each congressional district shall be numbered in a
regular series, beginning with congressional district 1 in the
northwest corner of the state and ending with the highest numbered
district in the southeast corner of the state.