Round-up: Continuing commentary on #KimDavis in jail, a case with congressional #gerrymandering consequences, & more http://t.co/8Qgn5hFlhA
— SCOTUSblog (@SCOTUSblog) September 8, 2015
Tuesday, September 08, 2015
link to SCOTUSblog
Maryland - Takes Gerrymander to Supreme Court
Supreme Court case based in Md. could have wide impact http://t.co/1nSUHsFwQA #gerrymandering
— Steve Sager (@Steven_Sager) September 8, 2015
http://www.baltimoresun.com/news/maryland/bs-md-redistricting-case-20150906-story.html
Wisconsin - Our Votes Just Don't Matter
Opinion: Our votes just don't matter, says @BruceMurphyMKE #gerrymandering #wipolitics http://t.co/aTxRcW1qRs pic.twitter.com/LezoDmZBMF
— Isthmus (@isthmus) September 1, 2015
link:
http://www.isthmus.com/news/opinion/wisconsin-gerrymandered-election-districts/
Monday, August 17, 2015
Does AZ redistricting commission differ from proposed OH commission?
ARIZONA
Proposition 106, vesting redistricting authority in the AIRC, was adopted by citizen initiative in 2000 against a “background of recurring redistricting turmoil” in Arizona.
Proposition 106, vesting redistricting authority in the AIRC, was adopted by citizen initiative in 2000 against a “background of recurring redistricting turmoil” in Arizona.
¶18. The highest ranking officer and minority leader of each chamber of the legislature each select one member of the AIRC from a list compiled by Arizona’s Commission on Appellate Court Appointments. ¶¶4–7. The four appointed members of the AIRC then choose, from the same list, the fifth member, who chairs the Commission. ¶
¶23.
OHIO - following quote from BALLOTPEDIA
"The Ohio Bipartisan Redistricting Commission Amendment is on the November 3, 2015 ballot in Ohio as a legislatively-referred constitutional amendment. The measure, upon voter approval, would create a bipartisan redistricting commission, the Ohio Redistricting Commission, to draw state legislative districts. The measure would also establish new requirements for district standards.[1][2]
The Ohio Redistricting Commission would consist of the following seven members: the Governor, State Auditor, Secretary of State, one person appointed by the Speaker of the House of Representatives, one person appointed by the legislative leader of the largest political party in the house of which the speaker is not a member, one person appointed by the President of the Ohio Senate and one person appointed by the legislative leader of the largest political party in the senate of which the president is not a member.[1]" (end quote)
- GOV = R
- AUDITOR = R
- SEC. OF STATE = R
- APPOINTED BY SPEAKER OF THE HOUSE = R
- APPOINTED BY PARTY OF WHICH SPEAKER IS NOT A MEMBER = D
- APPOINTED BY PRESIDENT OF OHIO SENATE = R
- APPOINTED BY PARTY IN SENATE OF WHICH THE PRESIDENT IS NOT A MEMBER = D
The current redistricting board is 4 Republicans and 1 Democrat...
The new board will be 5 Republicans and 2 Democrats ...
I do not see much difference between the old and the new method, especially when I consider the new legislation allows the redistricting plan to be used for 4 years IF the commission fails to pass a bipartisan vote. A simple majority vote is all that will be required in that case.
The Arizona plan says holders of or candidates for public office may not serve on the Arizona Redistricting Commission. Ohio's plan names top 5 ranking office holders and 2 minority office holders. ALL ELECTED OFFICIALS
Ohio's "new" plan is not so new after all. There isn't much difference between getting beat 5 to 2 or 4 to 1. The so called new plan still allows for partisan control of the process by elected officials. Which is exactly the opposite of Arizona's reform plan.
Which state will likely end gerrymandering?
Passing a bill that gives voters the wrong idea is political chicanery. Voters who vote for this bill to pass will walk away thinking they have done something to fix the problem of gerrymandering. How many years will it take for voters to see the truth?
Sunday, July 26, 2015
HJR 12 as enrolled - we vote on this Nov. 2015 election
I decided to post this unedited copy of HJR 12 because I had so much trouble finding it - thought I'd do someone a favor.. hope Ohio Gov doesn't mind.
Copied from the Ohio General Assembly Archives
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
(130th General Assembly)
(Amended Substitute House Joint Resolution Number 12)
JOINT RESOLUTION
Proposing to enact new Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Article XI and to repeal Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of Article XI of the Constitution of the State of Ohio to revise the redistricting process for General Assembly districts.
Be it resolved by the General Assembly of the State of Ohio, three-fifths of the members elected to each house concurring herein, that there shall be submitted to the electors of the state, in the manner prescribed by law at the general election to be held on November 3, 2015, a proposal to enact new Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Article XI of the Constitution of the State of Ohio to read as follows:
ARTICLE XI
Section 1. (A) The Ohio redistricting commission shall be responsible for the redistricting of this state for the general assembly. The commission shall consist of the following seven members:
(1) The governor;
(2) The auditor of state;
(3) The secretary of state;
(4) One person appointed by the speaker of the house of representatives;
(5) One person appointed by the legislative leader of the largest political party in the house of representatives of which the speaker of the house of representatives is not a member;
(6) One person appointed by the president of the senate; and
(7) One person appointed by the legislative leader of the largest political party in the senate of which the president of the senate is not a member.
The legislative leaders in the senate and the house of representatives of each of the two largest political parties represented in the general assembly, acting jointly by political party, shall appoint a member of the commission to serve as a co-chairperson of the commission.
(B)(1) Unless otherwise specified in this article, a simple majority of the commission members shall be required for any action by the commission.
(2)(a) Except as otherwise provided in division (B)(2)(b) of this section, a majority vote of the members of the commission, including at least one member of the commission who is a member of each of the two largest political parties represented in the general assembly, shall be required to do any of the following:
(i) Adopt rules of the commission;
(ii) Hire staff for the commission;
(iii) Expend funds.
(b) If the commission is unable to agree, by the vote required under division (B)(2)(a) of this section, on the manner in which funds should be expended, each co-chairperson of the commission shall have the authority to expend one-half of the funds that have been appropriated to the commission.
(3) The affirmative vote of four members of the commission, including at least two members of the commission who represent each of the two largest political parties represented in the general assembly shall be required to adopt any general assembly district plan. For the purpose of this division, a member of the commission shall be considered to represent a political party if the member was appointed to the commission by a member of that political party or if, in the case of the governor, the auditor of state, or the secretary of state, the member is a member of that political party.
(C) At the first meeting of the commission, which the governor shall convene only in a year ending in the numeral one, except as provided in Sections 8 and 9 of this article, the commission shall set a schedule for the adoption of procedural rules for the operation of the commission.
The commission shall release to the public a proposed general assembly district plan for the boundaries for each of the ninety-nine house of representatives districts and the thirty-three senate districts. The commission shall draft the proposed plan in the manner prescribed in this article. Before adopting, but after introducing, a proposed plan, the commission shall conduct a minimum of three public hearings across the state to present the proposed plan and shall seek public input regarding the proposed plan. All meetings of the commission shall be open to the public. Meetings shall be broadcast by electronic means of transmission using a medium readily accessible by the general public.
The commission shall adopt a final general assembly district plan not later than the first day of September of a year ending in the numeral one. After the commission adopts a final plan, the commission shall promptly file the plan with the secretary of state. Upon filing with the secretary of state, the plan shall become effective.
Four weeks after the adoption of a general assembly district plan, the commission shall be automatically dissolved.
(D) The general assembly shall be responsible for making the appropriations it determines necessary in order for the commission to perform its duties under this article.
Section 2. Each house of representatives district shall be entitled to a single representative in each general assembly. Each senate district shall be entitled to a single senator in each general assembly.
Section 3. (A) The whole population of the state, as determined by the federal decennial census or, if such is unavailable, such other basis as the general assembly may direct, shall be divided by the number "ninety-nine" and by the number "thirty-three" and the quotients shall be the ratio of representation in the house of representatives and in the senate, respectively, for ten years next succeeding such redistricting.
(B) A general assembly district plan shall comply with all of the requirements of division (B) of this section.
(1) The population of each house of representatives district shall be substantially equal to the ratio of representation in the house of representatives, and the population of each senate district shall be substantially equal to the ratio of representation in the senate, as provided in division (A) of this section. In no event shall any district contain a population of less than ninety-five per cent nor more than one hundred five per cent of the applicable ratio of representation.
(2) Any general assembly district plan adopted by the commission shall comply with all applicable provisions of the constitutions of Ohio and the United States and of federal law.
(3) Every general assembly district shall be composed of contiguous territory, and the boundary of each district shall be a single nonintersecting continuous line.
(C) House of representatives districts shall be created and numbered in the following order of priority, to the extent that such order is consistent with the foregoing standards:
(1) Proceeding in succession from the largest to the smallest, each county containing population greater than one hundred five per cent of the ratio of representation in the house of representatives shall be divided into as many house of representatives districts as it has whole ratios of representation. Any fraction of the population in excess of a whole ratio shall be a part of only one adjoining house of representatives district.
(2) Each county containing population of not less than ninety-five per cent of the ratio of representation in the house of representatives nor more than one hundred five per cent of the ratio shall be designated a representative district.
(3) The remaining territory of the state shall be divided into representative districts by combining the areas of counties, municipal corporations, and townships. Where feasible, no county shall be split more than once.
(D)(1)(a) Except as otherwise provided in divisions (D)(1)(b) and (c) of this section, a county, municipal corporation, or township is considered to be split if any contiguous portion of its territory is not contained entirely within one district.
(b) If a municipal corporation or township has territory in more than one county, the contiguous portion of that municipal corporation or township that lies in each county shall be considered to be a separate municipal corporation or township for the purposes of this section.
(c) If a municipal corporation or township that is located in a county that contains a municipal corporation or township that has a population of more than one ratio of representation is split for the purpose of complying with division (E)(1)(a) or (b) of this section, each portion of that municipal corporation or township shall be considered to be a separate municipal corporation or township for the purposes of this section.
(2) Representative districts shall be drawn so as to split the smallest possible number of municipal corporations and townships whose contiguous portions contain a population of more than fifty per cent, but less than one hundred per cent, of one ratio of representation.
(3) Where the requirements of divisions (B), (C), and (D) of this section cannot feasibly be attained by forming a representative district from whole municipal corporations and townships, not more than one municipal corporation or township may be split per representative district.
(E)(1) If it is not possible for the commission to comply with all of the requirements of divisions (B), (C), and (D) of this section in drawing a particular representative district, the commission shall take the first action listed below that makes it possible for the commission to draw that district:
(a) Notwithstanding division (D)(3) of this section, the commission shall create the district by splitting two municipal corporations or townships whose contiguous portions do not contain a population of more than fifty per cent, but less than one hundred per cent, of one ratio of representation.
(b) Notwithstanding division (D)(2) of this section, the commission shall create the district by splitting a municipal corporation or township whose contiguous portions contain a population of more than fifty per cent, but less than one hundred per cent, of one ratio of representation.
(c) Notwithstanding division (C)(2) of this section, the commission shall create the district by splitting, once, a single county that contains a population of not less than ninety-five per cent of the ratio of representation, but not more than one hundred five per cent of the ratio of representation.
(d) Notwithstanding division (C)(1) of this section, the commission shall create the district by including in two districts portions of the territory that remains after a county that contains a population of more than one hundred five per cent of the ratio of representation has been divided into as many house of representatives districts as it has whole ratios of representation.
(2) If the commission takes an action under division (E)(1) of this section, the commission shall include in the general assembly district plan a statement explaining which action the commission took under that division and the reason the commission took that action.
(3) If the commission complies with divisions (E)(1) and (2) of this section in drawing a district, the commission shall not be considered to have violated division (C)(1), (C)(2), (D)(2), or (D)(3) of this section, as applicable, in drawing that district, for the purpose of an analysis under division (D) of Section 9 of this article.
Section 4. (A) Senate districts shall be composed of three contiguous house of representatives districts.
(B)(1) A county having at least one whole senate ratio of representation shall have as many senate districts wholly within the boundaries of the county as it has whole senate ratios of representation. Any fraction of the population in excess of a whole ratio shall be a part of only one adjoining senate district.
(2) Counties having less than one senate ratio of representation, but at least one house of representatives ratio of representation, shall be part of only one senate district.
(3) If it is not possible for the commission to draw representative districts that comply with all of the requirements of this article and that make it possible for the commission to comply with all of the requirements of divisions (B)(1) and (2) of this section, the commission shall draw senate districts so as to commit the fewest possible violations of those divisions. If the commission complies with this division in drawing senate districts, the commission shall not be considered to have violated division (B)(1) or (2) of this section, as applicable, in drawing those districts, for the purpose of an analysis under division (D) of Section 9 of this article.
(C) The number of whole ratios of representation for a county shall be determined by dividing the population of the county by the ratio of representation in the senate determined under division (A) of Section 3 of this article.
(D) Senate districts shall be numbered from one through thirty-three and as provided in Section 5 of this article.
Section 5. At any time the boundaries of senate districts are changed in any general assembly district plan made pursuant to any provision of this article, a senator whose term will not expire within two years of the time the plan becomes effective shall represent, for the remainder of the term for which the senator was elected, the senate district that contains the largest portion of the population of the district from which the senator was elected, and the district shall be given the number of the district from which the senator was elected. If more than one senator whose term will not so expire would represent the same district by following the provisions of this section, the plan shall designate which senator shall represent the district and shall designate which district the other senator or senators shall represent for the balance of their term or terms.
Section 6. The Ohio redistricting commission shall attempt to draw a general assembly district plan that meets all of the following standards:
(A) No general assembly district plan shall be drawn primarily to favor or disfavor a political party.
(B) The statewide proportion of districts whose voters, based on statewide state and federal partisan general election results during the last ten years, favor each political party shall correspond closely to the statewide preferences of the voters of Ohio.
(C) General assembly districts shall be compact.
Nothing in this section permits the commission to violate the district standards described in Section 2, 3, 4, 5, or 7 of this article.
Section 7. Notwithstanding the fact that boundaries of counties, municipal corporations, and townships within a district may be changed, district boundaries shall be created by using the boundaries of counties, municipal corporations, and townships as they exist at the time of the federal decennial census on which the redistricting is based, or, if unavailable, on such other basis as the general assembly has directed.
Section 8. (A)(1) If the Ohio redistricting commission fails to adopt a final general assembly district plan not later than the first day of September of a year ending in the numeral one, in accordance with Section 1 of this article, the commission shall introduce a proposed general assembly district plan by a simple majority vote of the commission.
(2) After introducing a proposed general assembly district plan under division (A)(1) of this section, the commission shall hold a public hearing concerning the proposed plan, at which the public may offer testimony and at which the commission may adopt amendments to the proposed plan. Members of the commission should attend the hearing; however, only a quorum of the members of the commission is required to conduct the hearing.
(3) After the hearing described in division (A)(2) of this section is held, and not later than the fifteenth day of September of a year ending in the numeral one, the commission shall adopt a final general assembly district plan, either by the vote required to adopt a plan under division (B)(3) of Section 1 of this article or by a simple majority vote of the commission.
(B) If the commission adopts a final general assembly district plan in accordance with division (A)(3) of this section by the vote required to adopt a plan under division (B)(3) of Section 1 of this article, the plan shall take effect upon filing with the secretary of state and shall remain effective until the next year ending in the numeral one, except as provided in Section 9 of this article.
(C)(1)(a) Except as otherwise provided in division (C)(1)(b) of this section, if the commission adopts a final general assembly district plan in accordance with division (A)(3) of this section by a simple majority vote of the commission, and not by the vote required to adopt a plan under division (B)(3) of Section 1 of this article, the plan shall take effect upon filing with the secretary of state and shall remain effective until two general elections for the house of representatives have occurred under the plan.
(b) If the commission adopts a final general assembly district plan in accordance with division (A)(3) of this section by a simple majority vote of the commission, and not by the vote required to adopt a plan under division (B) of Section 1 of this article, and that plan is adopted to replace a plan that ceased to be effective under division (C)(1)(a) of this section before a year ending in the numeral one, the plan adopted under this division shall take effect upon filing with the secretary of state and shall remain effective until a year ending in the numeral one, except as provided in Section 9 of this article.
(2) A final general assembly district plan adopted under division (C)(1)(a) or (b) of this section shall include a statement explaining what the commission determined to be the statewide preferences of the voters of Ohio and the manner in which the statewide proportion of districts in the plan whose voters, based on statewide state and federal partisan general election results during the last ten years, favor each political party corresponds closely to those preferences, as described in division (B) of Section 6 of this article. At the time the plan is adopted, a member of the commission who does not vote in favor of the plan may submit a declaration of the member's opinion concerning the statement included with the plan.
(D) After a general assembly district plan adopted under division (C)(1)(a) of this section ceases to be effective, and not earlier than the first day of July of the year following the year in which the plan ceased to be effective, the commission shall be reconstituted as provided in Section 1 of this article, convene, and adopt a new general assembly district plan in accordance with this article, to be used until the next time for redistricting under this article. The commission shall draw the new general assembly district plan using the same population and county, municipal corporation, and township boundary data as were used to draw the previous plan adopted under division (C) of this section.
Section 9. (A) The supreme court of Ohio shall have exclusive, original jurisdiction in all cases arising under this article.
(B) In the event that any section of this constitution relating to redistricting, any general assembly district plan made by the Ohio redistricting commission, or any district is determined to be invalid by an unappealed final order of a court of competent jurisdiction then, notwithstanding any other provisions of this constitution, the commission shall be reconstituted as provided in Section 1 of this article, convene, and ascertain and determine a general assembly district plan in conformity with such provisions of this constitution as are then valid, including establishing terms of office and election of members of the general assembly from districts designated in the plan, to be used until the next time for redistricting under this article in conformity with such provisions of this constitution as are then valid.
(C) Notwithstanding any provision of this constitution or any law regarding the residence of senators and representatives, a general assembly district plan made pursuant to this section shall allow thirty days for persons to change residence in order to be eligible for election.
(D)(1) No court shall order, in any circumstance, the implementation or enforcement of any general assembly district plan that has not been approved by the commission in the manner prescribed by this article.
(2) No court shall order the commission to adopt a particular general assembly district plan or to draw a particular district.
(3) If the supreme court of Ohio determines that a general assembly district plan adopted by the commission does not comply with the requirements of Section 2, 3, 4, 5, or 7 of this article, the available remedies shall be as follows:
(a) If the court finds that the plan contains one or more isolated violations of those requirements, the court shall order the commission to amend the plan to correct the violation.
(b) If the court finds that it is necessary to amend not fewer than six house of representatives districts to correct violations of those requirements, to amend not fewer than two senate districts to correct violations of those requirements, or both, the court shall declare the plan invalid and shall order the commission to adopt a new general assembly district plan in accordance with this article.
(c) If, in considering a plan adopted under division (C) of Section 8 of this article, the court determines that both of the following are true, the court shall order the commission to adopt a new general assembly district plan in accordance with this article:
(i) The plan significantly violates those requirements in a manner that materially affects the ability of the plan to contain districts whose voters favor political parties in an overall proportion that corresponds closely to the statewide political party preferences of the voters of Ohio, as described in division (B) of Section 6 of this article.
(ii) The statewide proportion of districts in the plan whose voters, based on statewide state and federal partisan general election results during the last ten years, favor each political party does not correspond closely to the statewide preferences of the voters of Ohio.
Section 10. The various provisions of this article are intended to be severable, and the invalidity of one or more of such provisions shall not affect the validity of the remaining provisions.
EFFECTIVE DATE AND REPEAL
If adopted by a majority of the electors voting on this proposal, new Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Article XI take effect January 1, 2021, and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of Article XI of the Constitution of the State of Ohio are repealed from that effective date.
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Copied from the Ohio General Assembly Archives
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
(130th General Assembly)
(Amended Substitute House Joint Resolution Number 12)
JOINT RESOLUTION
Proposing to enact new Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Article XI and to repeal Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of Article XI of the Constitution of the State of Ohio to revise the redistricting process for General Assembly districts.
Be it resolved by the General Assembly of the State of Ohio, three-fifths of the members elected to each house concurring herein, that there shall be submitted to the electors of the state, in the manner prescribed by law at the general election to be held on November 3, 2015, a proposal to enact new Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Article XI of the Constitution of the State of Ohio to read as follows:
ARTICLE XI
Section 1. (A) The Ohio redistricting commission shall be responsible for the redistricting of this state for the general assembly. The commission shall consist of the following seven members:
(1) The governor;
(2) The auditor of state;
(3) The secretary of state;
(4) One person appointed by the speaker of the house of representatives;
(5) One person appointed by the legislative leader of the largest political party in the house of representatives of which the speaker of the house of representatives is not a member;
(6) One person appointed by the president of the senate; and
(7) One person appointed by the legislative leader of the largest political party in the senate of which the president of the senate is not a member.
The legislative leaders in the senate and the house of representatives of each of the two largest political parties represented in the general assembly, acting jointly by political party, shall appoint a member of the commission to serve as a co-chairperson of the commission.
(B)(1) Unless otherwise specified in this article, a simple majority of the commission members shall be required for any action by the commission.
(2)(a) Except as otherwise provided in division (B)(2)(b) of this section, a majority vote of the members of the commission, including at least one member of the commission who is a member of each of the two largest political parties represented in the general assembly, shall be required to do any of the following:
(i) Adopt rules of the commission;
(ii) Hire staff for the commission;
(iii) Expend funds.
(b) If the commission is unable to agree, by the vote required under division (B)(2)(a) of this section, on the manner in which funds should be expended, each co-chairperson of the commission shall have the authority to expend one-half of the funds that have been appropriated to the commission.
(3) The affirmative vote of four members of the commission, including at least two members of the commission who represent each of the two largest political parties represented in the general assembly shall be required to adopt any general assembly district plan. For the purpose of this division, a member of the commission shall be considered to represent a political party if the member was appointed to the commission by a member of that political party or if, in the case of the governor, the auditor of state, or the secretary of state, the member is a member of that political party.
(C) At the first meeting of the commission, which the governor shall convene only in a year ending in the numeral one, except as provided in Sections 8 and 9 of this article, the commission shall set a schedule for the adoption of procedural rules for the operation of the commission.
The commission shall release to the public a proposed general assembly district plan for the boundaries for each of the ninety-nine house of representatives districts and the thirty-three senate districts. The commission shall draft the proposed plan in the manner prescribed in this article. Before adopting, but after introducing, a proposed plan, the commission shall conduct a minimum of three public hearings across the state to present the proposed plan and shall seek public input regarding the proposed plan. All meetings of the commission shall be open to the public. Meetings shall be broadcast by electronic means of transmission using a medium readily accessible by the general public.
The commission shall adopt a final general assembly district plan not later than the first day of September of a year ending in the numeral one. After the commission adopts a final plan, the commission shall promptly file the plan with the secretary of state. Upon filing with the secretary of state, the plan shall become effective.
Four weeks after the adoption of a general assembly district plan, the commission shall be automatically dissolved.
(D) The general assembly shall be responsible for making the appropriations it determines necessary in order for the commission to perform its duties under this article.
Section 2. Each house of representatives district shall be entitled to a single representative in each general assembly. Each senate district shall be entitled to a single senator in each general assembly.
Section 3. (A) The whole population of the state, as determined by the federal decennial census or, if such is unavailable, such other basis as the general assembly may direct, shall be divided by the number "ninety-nine" and by the number "thirty-three" and the quotients shall be the ratio of representation in the house of representatives and in the senate, respectively, for ten years next succeeding such redistricting.
(B) A general assembly district plan shall comply with all of the requirements of division (B) of this section.
(1) The population of each house of representatives district shall be substantially equal to the ratio of representation in the house of representatives, and the population of each senate district shall be substantially equal to the ratio of representation in the senate, as provided in division (A) of this section. In no event shall any district contain a population of less than ninety-five per cent nor more than one hundred five per cent of the applicable ratio of representation.
(2) Any general assembly district plan adopted by the commission shall comply with all applicable provisions of the constitutions of Ohio and the United States and of federal law.
(3) Every general assembly district shall be composed of contiguous territory, and the boundary of each district shall be a single nonintersecting continuous line.
(C) House of representatives districts shall be created and numbered in the following order of priority, to the extent that such order is consistent with the foregoing standards:
(1) Proceeding in succession from the largest to the smallest, each county containing population greater than one hundred five per cent of the ratio of representation in the house of representatives shall be divided into as many house of representatives districts as it has whole ratios of representation. Any fraction of the population in excess of a whole ratio shall be a part of only one adjoining house of representatives district.
(2) Each county containing population of not less than ninety-five per cent of the ratio of representation in the house of representatives nor more than one hundred five per cent of the ratio shall be designated a representative district.
(3) The remaining territory of the state shall be divided into representative districts by combining the areas of counties, municipal corporations, and townships. Where feasible, no county shall be split more than once.
(D)(1)(a) Except as otherwise provided in divisions (D)(1)(b) and (c) of this section, a county, municipal corporation, or township is considered to be split if any contiguous portion of its territory is not contained entirely within one district.
(b) If a municipal corporation or township has territory in more than one county, the contiguous portion of that municipal corporation or township that lies in each county shall be considered to be a separate municipal corporation or township for the purposes of this section.
(c) If a municipal corporation or township that is located in a county that contains a municipal corporation or township that has a population of more than one ratio of representation is split for the purpose of complying with division (E)(1)(a) or (b) of this section, each portion of that municipal corporation or township shall be considered to be a separate municipal corporation or township for the purposes of this section.
(2) Representative districts shall be drawn so as to split the smallest possible number of municipal corporations and townships whose contiguous portions contain a population of more than fifty per cent, but less than one hundred per cent, of one ratio of representation.
(3) Where the requirements of divisions (B), (C), and (D) of this section cannot feasibly be attained by forming a representative district from whole municipal corporations and townships, not more than one municipal corporation or township may be split per representative district.
(E)(1) If it is not possible for the commission to comply with all of the requirements of divisions (B), (C), and (D) of this section in drawing a particular representative district, the commission shall take the first action listed below that makes it possible for the commission to draw that district:
(a) Notwithstanding division (D)(3) of this section, the commission shall create the district by splitting two municipal corporations or townships whose contiguous portions do not contain a population of more than fifty per cent, but less than one hundred per cent, of one ratio of representation.
(b) Notwithstanding division (D)(2) of this section, the commission shall create the district by splitting a municipal corporation or township whose contiguous portions contain a population of more than fifty per cent, but less than one hundred per cent, of one ratio of representation.
(c) Notwithstanding division (C)(2) of this section, the commission shall create the district by splitting, once, a single county that contains a population of not less than ninety-five per cent of the ratio of representation, but not more than one hundred five per cent of the ratio of representation.
(d) Notwithstanding division (C)(1) of this section, the commission shall create the district by including in two districts portions of the territory that remains after a county that contains a population of more than one hundred five per cent of the ratio of representation has been divided into as many house of representatives districts as it has whole ratios of representation.
(2) If the commission takes an action under division (E)(1) of this section, the commission shall include in the general assembly district plan a statement explaining which action the commission took under that division and the reason the commission took that action.
(3) If the commission complies with divisions (E)(1) and (2) of this section in drawing a district, the commission shall not be considered to have violated division (C)(1), (C)(2), (D)(2), or (D)(3) of this section, as applicable, in drawing that district, for the purpose of an analysis under division (D) of Section 9 of this article.
Section 4. (A) Senate districts shall be composed of three contiguous house of representatives districts.
(B)(1) A county having at least one whole senate ratio of representation shall have as many senate districts wholly within the boundaries of the county as it has whole senate ratios of representation. Any fraction of the population in excess of a whole ratio shall be a part of only one adjoining senate district.
(2) Counties having less than one senate ratio of representation, but at least one house of representatives ratio of representation, shall be part of only one senate district.
(3) If it is not possible for the commission to draw representative districts that comply with all of the requirements of this article and that make it possible for the commission to comply with all of the requirements of divisions (B)(1) and (2) of this section, the commission shall draw senate districts so as to commit the fewest possible violations of those divisions. If the commission complies with this division in drawing senate districts, the commission shall not be considered to have violated division (B)(1) or (2) of this section, as applicable, in drawing those districts, for the purpose of an analysis under division (D) of Section 9 of this article.
(C) The number of whole ratios of representation for a county shall be determined by dividing the population of the county by the ratio of representation in the senate determined under division (A) of Section 3 of this article.
(D) Senate districts shall be numbered from one through thirty-three and as provided in Section 5 of this article.
Section 5. At any time the boundaries of senate districts are changed in any general assembly district plan made pursuant to any provision of this article, a senator whose term will not expire within two years of the time the plan becomes effective shall represent, for the remainder of the term for which the senator was elected, the senate district that contains the largest portion of the population of the district from which the senator was elected, and the district shall be given the number of the district from which the senator was elected. If more than one senator whose term will not so expire would represent the same district by following the provisions of this section, the plan shall designate which senator shall represent the district and shall designate which district the other senator or senators shall represent for the balance of their term or terms.
Section 6. The Ohio redistricting commission shall attempt to draw a general assembly district plan that meets all of the following standards:
(A) No general assembly district plan shall be drawn primarily to favor or disfavor a political party.
(B) The statewide proportion of districts whose voters, based on statewide state and federal partisan general election results during the last ten years, favor each political party shall correspond closely to the statewide preferences of the voters of Ohio.
(C) General assembly districts shall be compact.
Nothing in this section permits the commission to violate the district standards described in Section 2, 3, 4, 5, or 7 of this article.
Section 7. Notwithstanding the fact that boundaries of counties, municipal corporations, and townships within a district may be changed, district boundaries shall be created by using the boundaries of counties, municipal corporations, and townships as they exist at the time of the federal decennial census on which the redistricting is based, or, if unavailable, on such other basis as the general assembly has directed.
Section 8. (A)(1) If the Ohio redistricting commission fails to adopt a final general assembly district plan not later than the first day of September of a year ending in the numeral one, in accordance with Section 1 of this article, the commission shall introduce a proposed general assembly district plan by a simple majority vote of the commission.
(2) After introducing a proposed general assembly district plan under division (A)(1) of this section, the commission shall hold a public hearing concerning the proposed plan, at which the public may offer testimony and at which the commission may adopt amendments to the proposed plan. Members of the commission should attend the hearing; however, only a quorum of the members of the commission is required to conduct the hearing.
(3) After the hearing described in division (A)(2) of this section is held, and not later than the fifteenth day of September of a year ending in the numeral one, the commission shall adopt a final general assembly district plan, either by the vote required to adopt a plan under division (B)(3) of Section 1 of this article or by a simple majority vote of the commission.
(B) If the commission adopts a final general assembly district plan in accordance with division (A)(3) of this section by the vote required to adopt a plan under division (B)(3) of Section 1 of this article, the plan shall take effect upon filing with the secretary of state and shall remain effective until the next year ending in the numeral one, except as provided in Section 9 of this article.
(C)(1)(a) Except as otherwise provided in division (C)(1)(b) of this section, if the commission adopts a final general assembly district plan in accordance with division (A)(3) of this section by a simple majority vote of the commission, and not by the vote required to adopt a plan under division (B)(3) of Section 1 of this article, the plan shall take effect upon filing with the secretary of state and shall remain effective until two general elections for the house of representatives have occurred under the plan.
(b) If the commission adopts a final general assembly district plan in accordance with division (A)(3) of this section by a simple majority vote of the commission, and not by the vote required to adopt a plan under division (B) of Section 1 of this article, and that plan is adopted to replace a plan that ceased to be effective under division (C)(1)(a) of this section before a year ending in the numeral one, the plan adopted under this division shall take effect upon filing with the secretary of state and shall remain effective until a year ending in the numeral one, except as provided in Section 9 of this article.
(2) A final general assembly district plan adopted under division (C)(1)(a) or (b) of this section shall include a statement explaining what the commission determined to be the statewide preferences of the voters of Ohio and the manner in which the statewide proportion of districts in the plan whose voters, based on statewide state and federal partisan general election results during the last ten years, favor each political party corresponds closely to those preferences, as described in division (B) of Section 6 of this article. At the time the plan is adopted, a member of the commission who does not vote in favor of the plan may submit a declaration of the member's opinion concerning the statement included with the plan.
(D) After a general assembly district plan adopted under division (C)(1)(a) of this section ceases to be effective, and not earlier than the first day of July of the year following the year in which the plan ceased to be effective, the commission shall be reconstituted as provided in Section 1 of this article, convene, and adopt a new general assembly district plan in accordance with this article, to be used until the next time for redistricting under this article. The commission shall draw the new general assembly district plan using the same population and county, municipal corporation, and township boundary data as were used to draw the previous plan adopted under division (C) of this section.
Section 9. (A) The supreme court of Ohio shall have exclusive, original jurisdiction in all cases arising under this article.
(B) In the event that any section of this constitution relating to redistricting, any general assembly district plan made by the Ohio redistricting commission, or any district is determined to be invalid by an unappealed final order of a court of competent jurisdiction then, notwithstanding any other provisions of this constitution, the commission shall be reconstituted as provided in Section 1 of this article, convene, and ascertain and determine a general assembly district plan in conformity with such provisions of this constitution as are then valid, including establishing terms of office and election of members of the general assembly from districts designated in the plan, to be used until the next time for redistricting under this article in conformity with such provisions of this constitution as are then valid.
(C) Notwithstanding any provision of this constitution or any law regarding the residence of senators and representatives, a general assembly district plan made pursuant to this section shall allow thirty days for persons to change residence in order to be eligible for election.
(D)(1) No court shall order, in any circumstance, the implementation or enforcement of any general assembly district plan that has not been approved by the commission in the manner prescribed by this article.
(2) No court shall order the commission to adopt a particular general assembly district plan or to draw a particular district.
(3) If the supreme court of Ohio determines that a general assembly district plan adopted by the commission does not comply with the requirements of Section 2, 3, 4, 5, or 7 of this article, the available remedies shall be as follows:
(a) If the court finds that the plan contains one or more isolated violations of those requirements, the court shall order the commission to amend the plan to correct the violation.
(b) If the court finds that it is necessary to amend not fewer than six house of representatives districts to correct violations of those requirements, to amend not fewer than two senate districts to correct violations of those requirements, or both, the court shall declare the plan invalid and shall order the commission to adopt a new general assembly district plan in accordance with this article.
(c) If, in considering a plan adopted under division (C) of Section 8 of this article, the court determines that both of the following are true, the court shall order the commission to adopt a new general assembly district plan in accordance with this article:
(i) The plan significantly violates those requirements in a manner that materially affects the ability of the plan to contain districts whose voters favor political parties in an overall proportion that corresponds closely to the statewide political party preferences of the voters of Ohio, as described in division (B) of Section 6 of this article.
(ii) The statewide proportion of districts in the plan whose voters, based on statewide state and federal partisan general election results during the last ten years, favor each political party does not correspond closely to the statewide preferences of the voters of Ohio.
Section 10. The various provisions of this article are intended to be severable, and the invalidity of one or more of such provisions shall not affect the validity of the remaining provisions.
EFFECTIVE DATE AND REPEAL
If adopted by a majority of the electors voting on this proposal, new Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Article XI take effect January 1, 2021, and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of Article XI of the Constitution of the State of Ohio are repealed from that effective date.
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A Brief Summary of HJR 12
Ohio Legislative Service Commission
Synopsis of Senate
Committee Amendments*
Emily E. Wendel Sub. H.J.R. 12
130th General Assembly (As Reported by S. Rules)
Ohio Redistricting Commission
Eliminates a provision specifying that no appointed member of the Ohio
Redistricting Commission may be a current member of Congress.
Requires the Commission, instead of "the members," to set a schedule at the first
Commission meeting for the adoption of procedural rules for the operation of the
Commission.
Provides that if the Commission is unable to agree, by the required bipartisan vote, on the manner in which funds should be expended, each co-chairperson of the Commission has the authority to expend half of the funds that have been appropriated to the Commission.
Requires the Commission, when it files a General Assembly district plan with the Secretary of State, to do so promptly.
Specifies that four weeks after the adoption of a General Assembly district plan, the Commission must be automatically dissolved, instead of requiring the co- chairpersons of the Commission to jointly dissolve it not more than six weeks after the plan is adopted.
Method of selecting a district plan .... read more..... here
Provides that if the Commission is unable to agree, by the required bipartisan vote, on the manner in which funds should be expended, each co-chairperson of the Commission has the authority to expend half of the funds that have been appropriated to the Commission.
Requires the Commission, when it files a General Assembly district plan with the Secretary of State, to do so promptly.
Specifies that four weeks after the adoption of a General Assembly district plan, the Commission must be automatically dissolved, instead of requiring the co- chairpersons of the Commission to jointly dissolve it not more than six weeks after the plan is adopted.
Method of selecting a district plan .... read more..... here
Tuesday, March 03, 2015
AZ Redistricting Faces Supreme Court Challenge
Nina Totenberg reports:
Supreme Court To Weigh Power Of Redistricting Commissions
Saturday, August 30, 2014
Dan Tokaji Tweet
The Art of the Gerrymander http://t.co/zl9pD3JP4M @politico. Check our the Snake on the Lake, OH's CD9: pic.twitter.com/s7Oq7rnaCs
— Dan Tokaji (@Title52law) August 30, 2014
Tuesday, August 19, 2014
VOTERS voice will be heard in 77 days
Here in Ohio we have a Democratic candidate for governor who seems to have the corner on the running amuck category. Of course our newspapers and television media blurt about FitzGeralds problems day and night. Punishing letters to the editor are published scolding the candidate and the Democratic party for the general awfulness of the candidate situation.
In Ohio as in many other states the only election that is any real test of voter strength is the statewide ballot. Governor, Senate and statewide ballot issues. We shouldn't worry about the awfulness of the defeats at the congressional level because those districts are gerrymandered. Those aren't real elections. When a candidate gets up before his crowd and announces his "win" he should feel shame for having perpetuated another voting fraud.
Democrats living in these grossly over-gerrymandered districts can only hope for their friends and neighbors to grow tired of casting a mock vote for a candidate who can not lose. Wouldn't you think that the voters would also feel some shame for not objecting to the overall unfairness of gerrymandered districts?
But there is a small beacon of hope on the horizon:
In 2012 Democratic Senator Sherrod Brown won his relection bid against Republican Josh Mandel with a few hundred thousand votes to spare - 327,022 to be exact.
In the same 2012 election, President Barack Obama won his relection bid in Ohio with 2,827,709 votes. Mitt Romney lost Ohio.
In the 2010 election for Governor, Ted Strickland garnered 1,812,059 votes and his opponent John Kasich garnered 1,889,186. Kasich only won by 77,127 votes. Two years later, Sen Brown's 2012 victory exceeded the Kasich win by 249,895 votes.
The fact Ohio can and often does elect a Democratic candidate statewide gives me hope that Ed FitzGerald - well - I won't say he can win - but I will say if he loses it won't be an enormous loss.
The link for the real Ed FitzGerald website - the one he owns -
If you must see more dirty tricks Republicans are up to check out their FAKE FitzGerald website.
Wednesday, July 23, 2014
Will HB 188 End Cherrypicked Congressional Districts?
From an online letter signed by Speaker William G. Batchelder OCMC Co-Chair
and Sen. Charleta B. Tavares, Assistant Minority Leader OCMC Co0Chair
...."In a state as diverse and ever-changing as Ohio, how do we ensure that the Ohio Constitution continues to accurately reflect the people of our great state?
The Ohio Constitutional Modernization Commission (OCMC) was created with the goal of making needed improvements to our state constitution.".....
In other words how do we end cherrypicking our voters?
Website: Cleveland-Marshall College of Law Library
Sources for researching Ohio Constitution, including new and current versions of the Ohio Constitution.... HB 188 established the Ohio Constitutional Modernization Commission..
\June 4, 2014 Akron-Beacon Journal
by Stephanie Warsmith Beacon Journal staff writer
article published comments of Ohio Secretary of State Jon Husted speaking at an Akron Press Club luncheon:
..."Redistricting reform needs to happen in Ohio and — if the legislature fails to act — citizens should take the matter into their own hands, Ohio Secretary of State Jon Husted told an Akron audience Wednesday.
and Sen. Charleta B. Tavares, Assistant Minority Leader OCMC Co0Chair
...."In a state as diverse and ever-changing as Ohio, how do we ensure that the Ohio Constitution continues to accurately reflect the people of our great state?
The Ohio Constitutional Modernization Commission (OCMC) was created with the goal of making needed improvements to our state constitution.".....
In other words how do we end cherrypicking our voters?
Website: Cleveland-Marshall College of Law Library
Sources for researching Ohio Constitution, including new and current versions of the Ohio Constitution.... HB 188 established the Ohio Constitutional Modernization Commission..
\June 4, 2014 Akron-Beacon Journal
by Stephanie Warsmith Beacon Journal staff writer
article published comments of Ohio Secretary of State Jon Husted speaking at an Akron Press Club luncheon:
..."Redistricting reform needs to happen in Ohio and — if the legislature fails to act — citizens should take the matter into their own hands, Ohio Secretary of State Jon Husted told an Akron audience Wednesday.
Husted said he’d be willing to help with a citizen effort to put a constitutional amendment on the ballot to change how U.S. congressional and state legislative districts are drawn.
“We shouldn’t draw the lines the way we do,” Husted, a Republican seeking his second term this year, told a crowd of about 70 at an Akron Press Club luncheon. “Candidates have a free ride after primaries. Parties control who represents us in Congress. Let’s fix this.”....."
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- jatinau_jb
- It's not the size of the dog in the fight that matters........ it's the size of the fight in the dog that determines the winner. Mark Twain