Introduced Version






SENATE JOINT
RESOLUTION No.
9
_____


DIGEST OF INTRODUCED RESOLUTION



Citations Affected: Articles 17 and 4 of the Constitution of the State of Indiana.

Synopsis: Legislative and congressional redistricting. Establishes a redistricting commission to draw congressional and legislative districts after the federal decennial census. Establishes principles for drawing districts. Repeals the constitutional provision for drawing legislative districts by the general assembly. This proposed amendment has not been previously agreed to by a general assembly.

Effective: This proposed amendment must be agreed to by two consecutive general assemblies and ratified by a majority of the state's voters voting on the question to be effective.





Simpson




    January 11, 2005, read first time and referred to Committee on Elections and Civic Affairs.








Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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SENATE JOINT
RESOLUTION No. 9




     A JOINT RESOLUTION proposing an amendment to the Constitution of the State of Indiana by adding Article 17 and by striking out Article 4, Section 5 of the Constitution of the State of Indiana.

Be it resolved by the General Assembly of the State of Indiana:

SOURCE: ; (05)SJ9612.1. -->     SECTION 1. The following amendment to the Constitution of the State of Indiana is proposed and agreed to by this, the One Hundred Fourteenth General Assembly of the State of Indiana, and is referred to the next General Assembly for reconsideration and agreement.
    SECTION 2. THE CONSTITUTION OF THE STATE OF INDIANA IS AMENDED BY ADDING A NEW ARTICLE TO
SOURCE: CON TOREAD; (05)SJ9612.2. --> READ AS FOLLOWS:
     ARTICLE 17. Redistricting Commission.
    Sec. 1. General Assembly districts and Indiana congressional districts shall be established as provided in this article.
    Sec. 2. A redistricting commission consisting of five (5) members is established.
    Sec. 3. (a) A member of the redistricting commission must have the following qualifications:
        (1) A member of the redistricting commission must be a registered Indiana voter.
        (2) A member of the redistricting commission may not be a resident of the same county as any other member of the redistricting commission.
        (3) A member of the redistricting commission may not have been any of the following at any time within three (3) years before becoming a member of the redistricting commission:
            (A) Elected to a public office.
            (B) Appointed to a public office.
            (C) A candidate for a public office.
            (D) An officer of a political party. For purposes of this clause, a precinct committeeman is an officer of a political party.
            (E) An officer of a candidate's campaign for a public office.
            (F) Employed as a lobbyist of the General Assembly.
        (4) Not more than two (2) members of the redistricting commission may be members of the same political party.
    (b) Before becoming a member of the commission, an individual shall make:
        (1) the affirmation required by Article 15, Section 4 of this Constitution; and
        (2) an affirmation to:
            (A) apply the provisions of this article in an honest, independent, and impartial manner; and
            (B) uphold public confidence in the integrity of the redistricting process.
    Sec. 4. (a) During a year in which a federal decennial census is conducted, an individual who wants to serve on the redistricting commission must submit an application to the Judicial Nominating Commission.
    (b) Not later than July 1 of the year in which a federal decennial census is conducted, the Judicial Nominating Commission shall establish a pool of individuals who are willing to serve on and are qualified for appointment to the redistricting commission. The pool of candidates must consist of twenty-five (25) nominees, with:
        (1) ten (10) nominees each affiliated with each of the two (2) largest political parties in Indiana; and
        (2) five (5) nominees who are not affiliated with either of the two (2) largest political parties in Indiana.
    Sec. 5. (a) Appointments to the redistricting commission shall be

made as provided in this section.
    (b) Not later than January 31 of the year following a year a federal decennial census is conducted, the following shall each appoint one (1) individual to the redistricting commission from the pool of nominees:
        (1) The Speaker of the House of Representatives.
        (2) The minority party leader of the House of Representatives.
        (3) The President pro tempore of the Senate.
        (4) The minority party leader of the Senate.
If there is more than one (1) minority party represented in the House of Representatives or the Senate, the leader of the minority party with the greatest number of members in the House of Representatives or the Senate is entitled to make the appointment.
    (c) If a member of the General Assembly described in subsection (b) fails to make an appointment before February 1 of the year after the year a federal decennial census is conducted, that member forfeits the right to make the appointment. The Judicial Nominating Commission shall make the forfeited appointment from the pool of nominees not later than March 1 of the year after the year a federal decennial census is conducted. The Judicial Nominating Commission shall strive for political balance and fairness in making the appointment.
    Sec. 6. (a) Not later than May 1 of the year following a year in which a federal decennial census is conducted, the Secretary of State shall convene the four (4) members of the redistricting commission appointed under section 5 of this article.
    (b) The four (4) redistricting commission members shall select the fifth member of the redistricting commission from the pool of nominees who are not affiliated with either of the two (2) major political parties of Indiana. The individual selected under this section serves as the redistricting commission's chair.
    (c) If the four (4) members fail to select the fifth member of the redistricting commission not later than fifteen (15) days after the Secretary of State convenes the redistricting commission, the Judicial Nominating Commission shall make the appointment, striving for political balance and fairness.
    (d) After the redistricting commission's chair is selected, the redistricting commission may select one (1) of the remaining members to be the vice chair.
    (e) A member of the redistricting commission may be removed from office for substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office as provided by law for the removal of other public officers.


    Sec. 7. (a) If a vacancy occurs on the redistricting commission in a position other than the redistricting commission's chair, the current holder of the office that made the original appointment shall appoint an individual from the pool to fill the vacancy. If the current holder of the office that made the original appointment fails to fill the vacancy not later than fourteen (14) days after the vacancy occurs, the Judicial Nominating Commission shall fill the vacancy from the pool of nominees. In filling the vacancy, the Judicial Nominating Commission shall strive for political balance and fairness.
    (b) If a vacancy occurs in the position of the redistricting commission's chair, the four (4) remaining redistricting commission members shall fill the vacancy from the pool of nominees who are not affiliated with either of the two (2) major political parties of Indiana. If the four (4) remaining commission members fail to fill a vacancy in the position of chair not later than fourteen (14) days after the vacancy occurs, the Judicial Nominating Commission shall fill the vacancy from the pool of nominees who are not affiliated with either of the two (2) major political parties of Indiana. In filling the vacancy, the Judicial Nominating Commission shall strive for political balance and fairness.
    Sec. 8. (a) Three (3) redistricting commission members, including the chair or vice chair, constitute a quorum.
    (b) Three (3) or more affirmative votes are required for the redistricting commission to take official action.
    (c) If a quorum is present, the redistricting commission shall conduct business in meetings open to the public. The redistricting commission shall give not less than forty-eight (48) hours public notice of its meetings.
    Sec. 9. A redistricting commission member, during the member's term of office and for three (3) years after leaving the redistricting, commission may not serve in an Indiana public office or as a paid lobbyist of the General Assembly.
    Sec. 10. (a) A redistricting commission member's term of office expires upon the appointment of the first member of the next redistricting commission.
    (b) The redistricting commission may not meet or incur expenses after the redistricting plan is completed, except:
        (1) if litigation or any government approval of the plan is pending; or
        (2) to revise districts if:
            (A) required by court decisions; or
            (B) the number of congressional or legislative districts is changed.

    Sec. 11. (a) The redistricting commission shall establish congressional and legislative districts.
    (b) The redistricting commission shall begin the redistricting process for congressional and legislative districts by creation of districts of equal population in a grid-like pattern across Indiana. The redistricting commission shall then adjust the grid to accommodate the following goals:
        (1) Districts must comply with the United States Constitution and other federal law relating to voting rights.
        (2) Districts must have equal population, to the extent practicable.
        (3) Districts must be geographically compact and contiguous, to the extent practicable.
        (4) District boundaries must respect communities of interest, to the extent practicable.
        (5) District lines must use visible geographic features, boundaries of political subdivisions, and undivided census tracts, to the extent practicable.
        (6) To the extent practicable, competitive districts should be favored where to do so would create no significant detriment to the other goals.
        (7) Party registration and voting history data may not be used in drawing maps but may be used to test a map for compliance with this subsection.
        (8) The places of residence of incumbents or candidates may not be identified or considered.
    (c) The redistricting commission shall advertise a draft map of districts to the public for comment. The public comment period may not be less than thirty (30) days.
    (d) During the comment period, the House of Representatives or the Senate, or both, may make recommendations to the redistricting commission by means considered appropriate by either or both houses. The redistricting commission shall consider a recommendation from the House of Representatives or the Senate, or both.
    (e) After the comment period ends, the redistricting commission shall establish final district boundaries.
    (f) The redistricting commission shall certify to the Secretary of State the establishment of congressional and legislative districts.
    Sec. 12. (a) The redistricting commission has standing in legal actions regarding the redistricting plan and the adequacy of

resources provided for the operation of the redistricting commission.
    (b) The redistricting commission has sole authority to select attorneys to represent the redistricting commission and the people of Indiana in the legal defense of a redistricting plan.
    Sec. 13. The General Assembly shall provide by law for the following:
        (1) A method for determining political affiliation for purposes of this article.
        (2) Adequate funding for the redistricting commission.
        (3) Other provisions to implement this article that are not inconsistent with this article.

    SECTION 3. THE CONSTITUTION OF THE STATE OF INDIANA IS AMENDED BY STRIKING OUT ARTICLE 4,

SOURCE: CON 4-5; (05)SJ9612.3. --> SECTION 5.