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1 | | coalition's choice. |
2 | | (b) "Commission" means the independent redistricting |
3 | | commission established by the compacting states under this |
4 | | agreement. |
5 | | (c) "Communities of interest" means a group of people |
6 | | concentrated in a geographic area, such as a specific |
7 | | region or neighborhood, who share similar social, |
8 | | cultural, ethnic, economic, religious, or political |
9 | | interests and priorities. |
10 | | (d) "Competitive district" means a district that has a |
11 | | substantially equal partisan balance. |
12 | | (e) "Crossover district" means a district where a |
13 | | racial minority or language minority constitutes less than |
14 | | a majority of the voting-age population but where this |
15 | | minority, at least potentially, is large enough to elect |
16 | | the candidate of its choice with help from voters who are |
17 | | members of the majority and who cross over to support the |
18 | | minority's preferred candidate. |
19 | | (f) "District" means a congressional or state |
20 | | legislative district. |
21 | | (g) "Influence district" means a district where a |
22 | | racial minority or language minority can influence the |
23 | | outcome of an election even if its preferred candidate |
24 | | cannot be elected. |
25 | | (h) "Language minority" means a class of voters who are |
26 | | members of a language group receiving protection under the |
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1 | | federal Voting Rights Act. |
2 | | (i) "Member state" means each state that has enacted |
3 | | this agreement. |
4 | | (j) "Plan" means the redistricting plan drawn for a |
5 | | member state by the commission under this agreement. |
6 | | (k) "Racial minority" means a class of voters who are |
7 | | members of a race or color group receiving protection under |
8 | | the federal Voting Rights Act. |
9 | | Article III - Independent redistricting commission. |
10 | | Each member state shall establish an independent |
11 | | redistricting commission. Each member of the commission shall |
12 | | serve a 10-year term. The following applies to the selection of |
13 | | the members of the commission: |
14 | | (a) The selection process is intended to produce a |
15 | | commission that is independent from legislative influence |
16 | | and reasonably representative of the member state's |
17 | | diversity.
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18 | | (b) The commission shall consist of 14 members: 5 who |
19 | | are affiliated with the largest political party in the |
20 | | member state; 5 who are affiliated with the second largest |
21 | | political party in the member state; and 4 who are not |
22 | | affiliated with either of the two largest political parties |
23 | | in the member state.
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24 | | (c) To be considered affiliated with one of the 2 |
25 | | largest political parties in the member state, a commission |
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1 | | member must have voted in 3 of the last 4 statewide primary |
2 | | elections for the same political party. To be considered |
3 | | unaffiliated with either of the 2 largest political parties |
4 | | in the member state, a commission member must have either |
5 | | (i) voted in no more than one of the last four statewide |
6 | | primary elections or (ii) voted for a political party that |
7 | | is not one of the 2 largest political parties in the member |
8 | | state in 2 or more of the last 4 statewide primary |
9 | | elections. An unaffiliated commission member who has made |
10 | | campaign contributions to one or both of the 2 largest |
11 | | political parties in the member state may not have |
12 | | contributed more to one party than the other, as determined |
13 | | by the state auditor.
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14 | | (d) The commission must reflect the race and gender |
15 | | demographics of the state; |
16 | | (e) To the extent practicable, the commission should |
17 | | represent distinct geographic regions of the state |
18 | | according to population distribution; |
19 | | (f) To be eligible to become a member of the |
20 | | commission, an individual may not: |
21 | | (1) hold an elected office; |
22 | | (2) be a candidate for an elected office; |
23 | | (3) be the spouse, parent, or child of an |
24 | | individual who holds an elected office or is a |
25 | | candidate for elected office; |
26 | | (4) serve as an officer, an employee, or a paid |
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1 | | consultant of a political party or candidate campaign |
2 | | for elected office; |
3 | | (5) be a registered lobbyist; or |
4 | | (6) have held elected office or run as a candidate |
5 | | for elected office at any time during the ten-year |
6 | | period ending on December 31 preceding the date of |
7 | | appointment. |
8 | | The state auditor shall accept applications from the member |
9 | | state's residents who meet the above qualifications for service |
10 | | on the commission. From the applicant pool, the state auditor |
11 | | shall, no later than May 1 of the year following a federal |
12 | | decennial census, select 60 of the most qualified applicants, |
13 | | including a subpool of 20 who are affiliated with the largest |
14 | | political party in the member state, a subpool of 20 who are |
15 | | affiliated with the second largest political party in the |
16 | | member state, and a subpool of 20 who are not affiliated with |
17 | | either of the two largest political parties in the member |
18 | | state. These applicants shall be selected on the basis of |
19 | | relevant analytical skills, ability to be impartial, and |
20 | | appreciation for the member state's diverse demographics and |
21 | | geography.
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22 | | The state auditor shall present its pool of recommended |
23 | | applicants to the state legislature. The leaders of the |
24 | | political party with the greatest number of seats in each |
25 | | chamber of the state legislature, and the leaders of the |
26 | | political party with the second greatest number of seats in |
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1 | | each chamber of the state legislature, may each strike up to 2 |
2 | | applicants from each subpool of 20 for a total of 8 possible |
3 | | strikes per subpool. If the member state has a unicameral |
4 | | legislature, the leader of the political party with the |
5 | | greatest number of seats in the state legislature and the |
6 | | leader of the political party with the second greatest number |
7 | | of seats in the state legislature may each strike up to 4 |
8 | | applicants from each subpool of 20. After all legislative |
9 | | leaders have exercised their strikes, and no later than May 15 |
10 | | of the year following a federal decennial census, the state |
11 | | legislature shall present the pool of remaining names to the |
12 | | state auditor. |
13 | | No later than June 1 of the year following a federal |
14 | | decennial census, the state auditor shall randomly draw 8 names |
15 | | from the remaining pool of applicants as follows: 3 from the |
16 | | remaining subpool of applicants affiliated with the largest |
17 | | political party in the member state; 3 from the remaining |
18 | | subpool of applicants affiliated with the second largest |
19 | | political party in the member state; and 2 from the remaining |
20 | | subpool of applicants who are not affiliated with either of the |
21 | | 2 largest political parties in the member state. These 8 |
22 | | individuals shall serve on commission.
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23 | | No later than July 1 of the year following a federal |
24 | | decennial census, the 8 commissioners shall review the |
25 | | remaining names in the pool of applicants and appoint 6 |
26 | | applicants to the commission as follows: 2 from the remaining |
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1 | | subpool of applicants affiliated with the largest political |
2 | | party in the member state; 2 from the remaining subpool of |
3 | | applicants affiliated with the second largest political party |
4 | | in the member state; and 2 from the remaining subpool of |
5 | | applicants who are not affiliated with either of the 2 largest |
6 | | political parties in the member state. The 6 appointees must be |
7 | | approved by at least 5 affirmative votes, which must include at |
8 | | least 2 votes of commissioners affiliated with each of the 2 |
9 | | largest parties and one vote from a commissioner who is not |
10 | | affiliated with either of the 2 largest political parties in |
11 | | the member state.
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12 | | If the member state does not have a state auditor, the |
13 | | responsibilities of the state auditor set forth in this Compact |
14 | | shall be performed by a special master appointed by a majority |
15 | | of the judges of the member state's highest court.
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16 | | Article IV - Vacancy. |
17 | | A vacancy in the commission shall be filled in the manner |
18 | | in which the original appointment was made. |
19 | | Article V - Independent redistricting plan. |
20 | | The commission shall develop a redistricting plan for the |
21 | | member state's congressional and state legislative districts. |
22 | | The commission's starting point for drawing the plan shall be |
23 | | the member state's census tract map according to the most |
24 | | recent federal decennial census. Adjustments to the map shall |
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1 | | then be made as necessary to accomplish the goals as set forth |
2 | | below. Each district shall, in order of priority: |
3 | | (a) be substantially equal in population; |
4 | | (b) be consistent with the federal Voting Rights Act |
5 | | and any other applicable federal or state law; |
6 | | (c) provide racial minorities and language minorities |
7 | | with the equal opportunity to participate in the political |
8 | | process and elect candidates of their choice; |
9 | | (d) create crossover districts, coalition districts, |
10 | | or influence districts to provide racial minorities and |
11 | | language minorities who constitute less than a voting-age |
12 | | majority of a district with an opportunity to control or |
13 | | substantially influence the outcome of an election; |
14 | | (e) be contiguous, except to the extent necessary to |
15 | | include any area which is surrounded by a body of water; |
16 | | (f) respect, to the extent practicable, communities of |
17 | | interest as determined on the basis of census tract or |
18 | | other relevant information; |
19 | | (g) respect, to the extent practicable, visible |
20 | | geographic features, city, town, and county boundaries, |
21 | | and undivided census tracts; |
22 | | (h) be compact; and |
23 | | (i) not consider the place of residence of any |
24 | | incumbent or political candidate in the creation of a map. |
25 | | Districts shall not be drawn for the purpose of favoring or |
26 | | discriminating against an incumbent, political candidate, |
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1 | | or political party. |
2 | | To the extent practicable: (1) competitive districts |
3 | | should be favored where to do so would create no significant |
4 | | detriment to goals (a) through (i); and (2) member states shall |
5 | | consider amending any structural rules governing legislative |
6 | | districts, including, but not limited to, requirements that |
7 | | districts are nested, if amending the rules will further |
8 | | provide racial and language minorities with the equal |
9 | | opportunity to participate in the political process; create |
10 | | crossover, coalition, or influence districts; or respect |
11 | | communities of interest. |
12 | | Article VI - Population count. |
13 | | The population count used for the purpose of creating the |
14 | | independent redistricting plan shall count individuals |
15 | | incarcerated in state or federal correctional facilities, as |
16 | | determined by the federal decennial census, at their last known |
17 | | residence before incarceration if the individuals were |
18 | | residents of the member state. The population count may not |
19 | | include individuals incarcerated in state or federal |
20 | | correctional facilities who were not residents of the state |
21 | | before their incarceration. |
22 | | Article VII - Voting. |
23 | | Nine members of the commission shall constitute a quorum. |
24 | | Nine or more affirmative votes shall be required for any |
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1 | | official action. The final redistricting maps must be approved |
2 | | by at least nine affirmative votes which must include at least |
3 | | 3 votes of members affiliated with each of the 2 largest |
4 | | political parties in the member state and 3 votes from members |
5 | | who are not affiliated with either of these 2 political |
6 | | parties. |
7 | | Article VIII - Timing. |
8 | | The commission shall adopt a redistricting plan following |
9 | | each federal decennial census. The commission shall not adopt |
10 | | any redistricting plan mid-decade before the next federal |
11 | | decennial census. |
12 | | Article IX - Internet website. |
13 | | As soon as practicable after establishing the commission, |
14 | | the member state shall establish and maintain a public Internet |
15 | | website for the commission which meets all of the following |
16 | | requirements: |
17 | | (a) The site is updated continuously to provide advance |
18 | | notice of commission hearings and to otherwise provide |
19 | | timely information on the activities of the commission. |
20 | | (b) The site contains the most recent available |
21 | | information from the United States Bureau of the Census on |
22 | | voting-age population, voter registration, and voting in |
23 | | the state, including precinct-level and census tract-level |
24 | | data as well as detailed maps reflecting such information. |
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1 | | (c) The site includes interactive software that |
2 | | enables any individual to design a redistricting plan for |
3 | | the member state in accordance with the criteria described |
4 | | in Article IV. |
5 | | (d) The site permits any individual to submit a |
6 | | proposed redistricting plan to the commission, and to |
7 | | submit questions, comments, and other information with |
8 | | respect to the commission's activities. |
9 | | Article X - Public hearings. |
10 | | The commission shall operate in an open and transparent |
11 | | manner and shall solicit public feedback in drawing a plan. The |
12 | | commission shall hold public hearings in distinct geographic |
13 | | regions of the state according to population distribution at |
14 | | which members of the public may provide input, including |
15 | | submitting proposed redistricting plans. The commission shall |
16 | | hold at least one public hearing in each congressional district |
17 | | and shall hold the following minimum number of hearings: |
18 | | (a) A member state with at least 3 congressional |
19 | | districts shall hold at least 6 hearings. |
20 | | (b) A member state with no fewer than 3 but not more |
21 | | than 6 congressional districts shall hold at least 8 |
22 | | hearings. |
23 | | (c) A member state with no fewer than 6 but not more |
24 | | than 9 congressional districts shall hold at least 12 |
25 | | hearings. |
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1 | | (d) A member state with no fewer than 9 but not more |
2 | | than 15 congressional districts shall hold at least 18 |
3 | | hearings. |
4 | | (e) A member state with no fewer than 15 but not more |
5 | | than 20 congressional districts shall hold at least 22 |
6 | | hearings. |
7 | | (f) A member state with more than 20 congressional |
8 | | districts shall hold at least one hearing for each district |
9 | | plus 5 additional hearings. |
10 | | Article XI - Public notice. |
11 | | (a) Hearings. Not fewer than 7 days before a public |
12 | | hearing, the commission shall issue public notice of the |
13 | | hearing time and location, including but not limited to |
14 | | posting the notice on the commission's website. |
15 | | (b) Certification to Secretary of State. Not fewer than |
16 | | 7 days before certifying a redistricting plan to the |
17 | | Secretary of State, the commission shall issue public |
18 | | notice, including but not limited to posting the notice on |
19 | | the commission's web site. The notice shall contain the |
20 | | following information: |
21 | | (1) A detailed version of the plan, including a map |
22 | | showing each district established under the plan and |
23 | | the voting-age population by race of each district; |
24 | | (2) A statement providing specific information on |
25 | | the commission's methodology for drawing the plan and |
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1 | | how the plan would serve the public interest; |
2 | | (3) Any dissenting statements of any members of the |
3 | | commission who did not approve of the plan. |
4 | | Article XII - Certification to Secretary of State. |
5 | | By September 1 of the year following a federal decennial |
6 | | census, the commission shall approve final maps that separately |
7 | | set forth the district boundary lines for the member state's |
8 | | congressional and state legislative districts. Upon approval, |
9 | | the commission shall certify the final maps to the member |
10 | | state's Secretary of State. The commission shall issue, with |
11 | | each final map, a report that explains the basis on which the |
12 | | commission made its decisions in achieving compliance with the |
13 | | criteria listed in Article V and shall include definitions of |
14 | | the terms and standards used in drawing each final map. An |
15 | | approved redistricting plan filed with the Secretary of State |
16 | | shall be presumed valid, shall have the force and effect of law |
17 | | and shall be published promptly by the Secretary of State. If |
18 | | the member state does not have a Secretary of State, the |
19 | | responsibilities of the Secretary of State set forth in this |
20 | | Compact shall be performed by the Secretary of the Commonwealth |
21 | | or other state official designated by the member state's chief |
22 | | executive. |
23 | | Article XIII - Judicial review. |
24 | | If the commission does not approve a final map by at least |
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1 | | the requisite votes or if a final map is not certified to the |
2 | | Secretary of State by September 15 of the year following a |
3 | | federal decennial census, the Secretary of State shall |
4 | | immediately petition the highest court of the member state for |
5 | | an order directing the appointment of special masters to adjust |
6 | | the boundary lines of that map in accordance with the |
7 | | redistricting criteria and requirements set forth in Article V. |
8 | | Upon its approval of the special masters' map, the court shall |
9 | | certify the resulting map to the Secretary of State no later |
10 | | than October 1 of the year following a federal decennial |
11 | | census, and that map shall constitute the certified final map |
12 | | for the district. |
13 | | Article XIV - Other laws. |
14 | | Nothing in this agreement shall be construed, applied, or |
15 | | implemented in a way that imposes any requirement or obligation |
16 | | that conflicts with the United States Constitution or any |
17 | | federal law regarding redistricting congressional or state |
18 | | legislative districts, including, but not limited to, the |
19 | | Voting Rights Act. |
20 | | Article XV - Effective date. |
21 | | The several states are invited to concur in this agreement |
22 | | by enactment of a similar act. This agreement shall take effect |
23 | | when every state with three or more congressional districts at |
24 | | the time of redistricting has enacted this agreement in |
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1 | | substantially the same form and the enactments by such states |
2 | | have taken effect in each state. It shall continue in effect if |
3 | | a member state with 3 congressional districts loses a district |
4 | | following a federal decennial census occurring after the |
5 | | agreement takes effect. If, following a federal decennial |
6 | | census occurring after the agreement takes effect, a non-member |
7 | | state is entitled to an additional congressional district that |
8 | | would bring the non-member state's total number of |
9 | | congressional districts to 3 or more, the agreement shall be |
10 | | suspended until the non-member state enacts this agreement and |
11 | | the enactment takes effect. |
12 | | The chief executive of each member state shall promptly |
13 | | notify the chief executive of all other states when this |
14 | | agreement has been enacted in that official's state or when the |
15 | | state has withdrawn from this agreement. |
16 | | Article XVI - Withdrawal. |
17 | | Any member state may withdraw from this agreement, except |
18 | | that a withdrawal occurring 6 months or less before a general |
19 | | election in which any Congressional or state legislative seat |
20 | | is on the ballot shall not become effective until after the |
21 | | election results are certified. |
22 | | Article XVII - Compliance. |
23 | | A member state is not required to comply with this compact |
24 | | if: |
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1 | | (a) the commission of any member state fails to adopt a |
2 | | redistricting plan; or |
3 | | (b) the Attorney General of any member state determines |
4 | | that another member state has repealed, replaced, or failed |
5 | | to implement any aspect of this compact, including but not |
6 | | limited to failing to establish an independent |
7 | | redistricting commission or failing to implement the |
8 | | district map adopted by the commission. |
9 | | Article XVIII - Severability. |
10 | | If any provision of this agreement is held invalid, the |
11 | | remaining provisions shall not be affected. |
12 | | Article XIX - Enforcement. |
13 | | The agencies and officers of each member state and its |
14 | | subdivisions shall enforce this compact and do all things |
15 | | appropriate to effect its purpose and intent that may be within |
16 | | their respective jurisdictions, including but not limited to |
17 | | adopting any legislation or regulations necessary to implement |
18 | | this agreement.
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19 | | Section 99. Effective date. This Act takes effect upon |
20 | | becoming law.
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