SECTION 1. HOUSE DISTRICTS. Members of the house of representatives shall be elected by the qualified voters of the respective house districts. The boundaries of the house districts shall be set under this article following the official reporting of each decennial census of the United States.
SECTION 2. SENATE DISTRICTS Members of the senate shall be elected by the qualified voters of the respective senate districts. The boundaries of the senate districts shall be set under this article following the official reporting of each decennial census of the United States.
SECTION 3. REAPPORTIONMENT OF HOUSE AND SENATE. The Redistricting Board shall reapportion the house of representatives and the senate immediately following the official reporting of each decennial census of the United States. Reapportionment shall be based upon the population within each house and senate district as reported by the official decennial census of the United States.
SECTION 4. METHOD REDISTRICTING. The Redistricting Board shall establish forty house districts, with each house district to elect one member of the house of representatives. The board shall establish twenty senate districts, each composed of two house districts, with each senate district to elect one senator.
SECTION 5. COMBINING DISTRICTS. [Repealed by 1998 Ballot measure No. 3 (1998 Legislative Resolve 74; 20th Legislature's SCS CSHJR 44 (JUD).]
SECTION 6. DISTRICT BOUNDARIES. The Redistricting Board shall establish the size and area of house districts, subject to the limitations of this article. Each house district shall be formed of contiguous and compact territory containing as nearly as practicable a relatively integrated socio-economic area. Each shall contain a population as near as practicable to the quotient obtained by dividing the population of the state by forty. Each senate district shall be composed as near as practicable of two contiguous house districts. Consideration may be given to local government boundaries. Drainage and other geographic features shall be used in describing boundaries wherever possible.
SECTION 7. MODIFICATION OF SENATE DISTRICTS. [Repealed by 1998 Ballot measure No. 3 (1998 Legislative Resolve 74; 20th Legislature's SCS CSHJR 44 (JUD).]
SECTION 8 REDISTRICTING BOARD. (a) There shall be a redistricting
board. It shall consist of five members, all of whom shall be
residents of the state for at least one year and none of whom
may be public employees or officials at the time of or during
the tenure of appointment. Appointments shall be made without
regard to political affiliation. Board members shall be compensated.
(b) Members of the Redistricting Board shall be appointed in the
year in which an official decennial census of the United States
is taken and by September 1 of that year. The governor shall appoint
two members of the board. The presiding officer of the senate,
the presiding officer of the house of representatives, and the
chief justice of the supreme court shall each appoint one member
of the board. The appointments to the board shall be made in the
order listed in this subsection. At least one board member shall
be a resident of each judicial district that existed on January
1, 1999. Board members serve until a final plan for redistricting
and proclamation of redistricting has been adopted and all challenges
to it brought under Section 11 of this article have been resolved
after final remand or affirmation.
(c) A person who was a member of the Redistricting Board at any
time during the process leading to final adoption of a redistricting
plan under Section 10 of this article may not be a candidate for
the legislature in the general election following the adoption
of the final redistricting plan.
Annotations
SECTION 9 BOARD ACTIONS. The board shall elect one of its members chairman and may employ temporary assistants. Concurrence of three members of the Redistricting Board is required for actions of the Board, but a lesser number may conduct hearings. The board shall employ or contract for services of independent legal counsel.
SECTION 10. REDISTRICTING PLAN AND PROCLAMATION (a) Within
thirty days after the official reporting of the decennial census
of the United States or thirty days after being duly appointed,
whichever occurs last, the board shall adopt one or more proposed
redistricting plans. The board shall hold public hearings on the
proposed plan, or, if no single proposed plan is agreed on, on
all plans proposed by the board. No later than ninety days after
the board has been appointed and the official reporting of the
decennial census of the United States, the board shall adopt a
final redistricting plan and issue a proclamation of redistricting.
The final plan shall set out boundaries of house and senate districts
and shall be effective for the election of members of the legislature
until after the official reporting of the next decennial census
of the United States.
(b) Adoption of a final redistricting plan shall require the affirmative
votes of three members of the Redistricting Board.
SECTION 11. ENFORCEMENT Any qualified voter may apply to the
superior court to compel the Redistricting Board, by mandamus
or otherwise, to perform its duties under this article or to correct
any error in redistricting. Application to compel the board to
perform must be filed not later than thirty days following the
expiration of the ninety-day period specified in this article.
Application to compel correction of any error in redistricting
must be filed within thirty days following the adoption of the
final redistricting plan and proclamation by the board. Original
jurisdiction in these matters is vested in the superior court.
On appeal from the superior court, the cause shall be reviewed
by the supreme court on the law and the facts. Notwithstanding
Section 15 of Article IV, all dispositions by the superior court
and the supreme court under this section shall be expedited and
shall have priority over all other matters pending before the
respective court. Upon a final judicial decision that a plan is
invalid, the matter shall be returned to the board for correction
and development of a new plan. If that new plan is declared invalid,
the matter may be referred again to the board.
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