March 23, 2016, Introduced by Senator BIEDA and referred to the Committee on Government Operations.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending sections 2 and 3 of article IV,
to revise the procedure for filling a vacancy in the office of
state senator or state representative under certain circumstances.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to revise the procedure for filling a vacancy
in the office of state senator or state representative under
certain circumstances, is proposed, agreed to, and submitted to the
people of the state:
ARTICLE IV
Sec.
2. The Except as otherwise
provided in this section, 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.
If a vacancy occurs in the office of state senator during the
last year of the senator's term of office and the governor directs
that the vacancy be filled at the next general November election,
then both of the following apply:
(a) A separate election to fill that vacancy in the office of
state senator shall not be held.
(b) For the individual elected at the general November
election for the next term of office in that senate district where
a vacancy exists, his or her term of office shall commence
immediately upon certification of the election results and his or
her taking and subscribing to the oath of office as provided in
section 1 of article XI. The individual shall serve for the
remainder of the vacant term of office in that senate district and
shall serve for the next term of office in that senate district for
which he or she was elected.
As used in this section, "general November election" means the
election held on the November regular election date in an even
numbered year.
Sec.
3. The Except as otherwise
provided in this section, 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.
If a vacancy occurs in the office of state representative and
the governor directs that the vacancy be filled at the next general
November election, then both of the following apply:
(a) A separate election to fill that vacancy in the office of
state representative shall not be held.
(b) For the individual elected at the general November
election for the next term of office in that house of
representatives district where a vacancy exists, his or her term of
office shall commence immediately upon certification of the
election results and his or her taking and subscribing to the oath
of office as provided in section 1 of article XI. The individual
shall serve for the remainder of the vacant term of office in that
house of representatives district and shall serve for the next term
of office in that house of representatives district for which he or
she was elected.
As used in this section, "general November election" means the
election held on the November regular election date in an even
numbered year.
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.