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HR67.html
03 LC 18 2134
House Resolution
67 By: Representatives Day of the 126th and
Stephens of the 123rd
A RESOLUTION
Proposing an amendment to the Constitution so as to provide
that legislative and congressional reapportionment shall be done by an
independent, nonpartisan commission instead of the General Assembly; to provide
for the establishment of such commission; to provide for the qualifications and
appointment of members of such commission; to provide for the filling of
vacancies on the commission; to provide for powers, duties, responsibilities,
and resources for such commission; to provide for guidelines for
reapportionment; to provide for a continuing Office of Legislative and
Congressional Reapportionment; to provide for staffing and maintaining of such
office; to provide for related matters; to provide for the submission of this
amendment for ratification or rejection; and for other
purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article II of the Constitution is amended by adding a new
Section IV to read as follows:
"SECTION
IV. LEGISLATIVE AND CONGRESSIONAL
REAPPORTIONMENT
Paragraph I. Legislative and Congressional
Reapportionment Commission. (a) In each year following a year in which a
United States decennial census is conducted or when required by court order, a
Legislative and Congressional Reapportionment Commission shall be established as
provided in this Section. (b) The commission shall
consist of nine members. Two members each shall be appointed by the Speaker of
the House of Representatives, by the minority leader of the House of
Representatives, by the majority leader of the Senate, and by the minority
leader of the Senate. One member shall be appointed by the Justices of the
Supreme Court of Georgia who shall serve as the chairperson of the
commission. (c) Members of the commission shall be
citizens of the United States and the State of Georgia, residents of the state
for at least five years immediately preceding the date of their appointment, and
registered voters of the state. No member of the commission shall have held
public office in the two years immediately preceding the date of his or her
appointment. (d) Vacancies on the commission shall be
filled by the appointing authority who appointed the individual whose seat has
been vacated. (e) Members of the commission shall not
be eligible for nomination or election to the General Assembly during their
terms of service on the commission or for a period of four years following such
term of service. During their terms of service on the commission, members shall
not participate in any campaign for public office, either for themselves or
others, or contribute to any campaign for public
office. (f) Members of the commission shall be
appointed no later than April 1 in each year following a year in which a United
States decennial census is conducted and no later than 30 days after any court
order becomes final that finds any legislative or congressional reapportionment
plan invalid. In the event that members of the commission have not been
appointed by these dates, any vacancies on the commission shall be filled by
appointment by the Justices of the Supreme Court. (g)
Members of the commission shall receive the same per diem and expense
reimbursement for their days of service on behalf of the commission as members
of the General Assembly receive for legislative
service. (h) The Attorney General shall serve as legal
counsel for the commission.
Paragraph II.
Office of Legislative and Congressional Reapportionment. There is
created the Office of Legislative and Congressional Reapportionment which shall
be under the authority and direction of the Supreme Court and shall have
continuous existence. The General Assembly shall provide such office with
adequate funding, staffing, equipment, and resources to fulfill its duties. The
office shall be responsible for and shall have the duty of providing logistical
and technical support to the Legislative and Congressional Reapportionment
Commission and to boards of education and county and municipal governments for
the purpose of redistricting and reapportionment. The office shall have such
other duties as the General Assembly may provide by law. Upon the creation of
the Office of Legislative and Congressional Reapportionment, all staff
positions, equipment, supplies, and resources of any other state funded office
having similar responsibility of providing technical assistance to the General
Assembly and other political subdivisions in this state for the purpose of
developing redistricting and reapportionment plans shall be transferred to the
Office of Legislative and Congressional
Reapportionment.
Paragraph III. Procedure
for Legislative and Congressional Reapportionment. (a) Not later than
May 1 following their appointments, the members of the Legislative and
Congressional Reapportionment Commission shall meet and shall organize in such
manner as the commission shall deem appropriate. (b)
At least six members of the commission must be present in order to conduct
business. Any action of the commission shall require the affirmative vote of at
least six members of the commission. (c) The
commission shall conduct such public hearings and meetings at such times and in
such locations as it shall deem appropriate. (d) In
the year following the year in which a United States decennial census is
conducted, the commission shall prepare initial reapportionment plans for the
election of the General Assembly and for the Georgia members of the United
States House of Representatives not later than August 1. The plans shall be
published and made available for public comment for a period of not less than 14
days. After such public comment period, the commission shall finalize and file
the final reapportionment plans with the Secretary of State not later than
September 1. (e) When the commission is formed as the
result of the invalidation of a legislative or congressional reapportionment
plan, the members of the commission shall organize as soon as practicable, but
not later than 30 days after appointment. The commission shall prepare an
initial reapportionment plan to replace the invalidated plan or plans, as the
case may be, not later than 60 days after the organizational meeting of the
commission. The plan or plans, as the case may be, shall be published and made
available for public comment for a period of not less than 14 days. After such
public comment period, the commission shall finalize and file the final
reapportionment plan or plans, as the case may be, with the Secretary of State
not later than 30 days after the publishing of the initial plan or
plans. (f) The commission shall draw district lines
that are in compliance with all applicable federal constitutional and statutory
requirements and shall: (1) Create single-member
districts of as nearly equal population as is
practicable; (2) Minimize the division of counties and
municipalities insofar as practicable; (3) Create
districts which are contiguous and compact; (4)
Minimize the division of existing voting precincts; (5)
Minimize the division of recognized communities of interest;
and (6) Minimize the number of incumbents who are
placed in the same district. (g) In drawing district
lines, the commission shall not use or take into account election results or
favor any political party or body. (h) Upon filing
final plan or plans with the Secretary of State, the commission shall be
dissolved. (i) In the event that the commission
cannot agree on an initial plan or plans by the time specified herein, the
commission shall be dissolved and the Supreme Court shall prepare and file a
plan that meets requirements of subparagraphs (f) and (g) of this Paragraph with
the Secretary of State no later than the date on which the commission would have
been required to file a final plan or plans under this
Paragraph."
SECTION 2.
Article III, Section II of the Constitution is amended
striking Paragraph II in its entirety and inserting in lieu thereof a new
Paragraph II to read as
follows: "Paragraph
II. Apportionment of General Assembly. The General Assembly shall
apportion the Senate and House districts. Such districts shall be
composed of contiguous territory. The apportionment of the Senate and of the
House of Representatives shall be changed by the General Assembly as necessary
after each United States decennial census be apportioned as provided
in Article II, Section
IV."
SECTION 3.
The above proposed amendment to the Constitution shall be
published and submitted as provided in Article X, Section I, Paragraph II of the
Constitution. The ballot submitting the above proposed amendment shall have
written or printed thereon the following:
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"( ) YES
( ) NO
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Shall the Constitution be amended so as to provide that
legislative and congressional reapportionment shall be done by an independent,
nonpartisan commission instead of the General Assembly?"
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All persons desiring to vote in favor of ratifying the
proposed amendment shall vote "Yes." All persons desiring to vote against
ratifying the proposed amendment shall vote "No." If such amendment shall be
ratified as provided in said Paragraph of the Constitution, it shall become a
part of the Constitution of this state.
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