Sen. Kwame Raoul

Filed: 5/4/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 322

2    AMENDMENT NO. ______. Amend Senate Bill 322, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Interstate Compact for Fair Representation Act.
 
7    Section 5. Interstate Compact for Fair Representation. The
8Governor is hereby authorized to enter into a compact on behalf
9of this State with any state of the United States legally
10joining therein in the form substantially as follows:
 
11
INTERSTATE COMPACT FOR FAIR REPRESENTATION

 
12Article I - Membership.
13    Any state of the United States may become a member of this
14Interstate Compact for Fair Representation by enacting this

 

 

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1agreement.
 
2Article II - Definitions.
3    In this agreement the following words have the meanings
4indicated:
5        (a) "Coalition district" means a district where more
6    than one group of racial minorities or language minorities
7    may form a coalition to elect the candidate of the
8    coalition's choice.
9        (b) "Commission" means the independent redistricting
10    commission established by the compacting states under this
11    agreement.
12        (c) "Communities of interest" means a group of people
13    concentrated in a geographic area, such as a specific
14    region or neighborhood, who share similar social,
15    cultural, ethnic, economic, religious, or political
16    interests and priorities.
17        (d) "Competitive district" means a district that has a
18    substantially equal partisan balance.
19        (e) "Crossover district" means a district where a
20    racial minority or language minority constitutes less than
21    a majority of the voting-age population but where this
22    minority, at least potentially, is large enough to elect
23    the candidate of its choice with help from voters who are
24    members of the majority and who cross over to support the
25    minority's preferred candidate.

 

 

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1        (f) "District" means a congressional or state
2    legislative district.
3        (g) "Influence district" means a district where a
4    racial minority or language minority can influence the
5    outcome of an election even if its preferred candidate
6    cannot be elected.
7        (h) "Language minority" means a class of voters who are
8    members of a language group receiving protection under the
9    federal Voting Rights Act.
10        (i) "Member state" means each state that has enacted
11    this agreement.
12        (j) "Plan" means the redistricting plan drawn for a
13    member state by the commission under this agreement.
14        (k) "Racial minority" means a class of voters who are
15    members of a race or color group receiving protection under
16    the federal Voting Rights Act.
 
17Article III - Independent redistricting commission.
18    Each member state shall establish an independent
19redistricting commission. Each member of the commission shall
20serve a 10-year term. The following applies to the selection of
21the members of the commission:
22        (a) The selection process is intended to produce a
23    commission that is independent from legislative influence
24    and reasonably representative of the member state's
25    diversity.

 

 

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1        (b) The commission shall consist of 14 members: 5 who
2    are affiliated with the largest political party in the
3    member state; 5 who are affiliated with the second largest
4    political party in the member state; and 4 who are not
5    affiliated with either of the two largest political parties
6    in the member state.
7        (c) To be considered affiliated with one of the 2
8    largest political parties in the member state, a commission
9    member must have voted in 3 of the last 4 statewide primary
10    elections for the same political party. To be considered
11    unaffiliated with either of the 2 largest political parties
12    in the member state, a commission member must have either
13    (i) voted in no more than one of the last four statewide
14    primary elections or (ii) voted for a political party that
15    is not one of the 2 largest political parties in the member
16    state in 2 or more of the last 4 statewide primary
17    elections. An unaffiliated commission member who has made
18    campaign contributions to one or both of the 2 largest
19    political parties in the member state may not have
20    contributed more to one party than the other, as determined
21    by the state auditor.
22        (d) The commission must reflect the race and gender
23    demographics of the state;
24        (e) To the extent practicable, the commission should
25    represent distinct geographic regions of the state
26    according to population distribution;

 

 

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1        (f) To be eligible to become a member of the
2    commission, an individual may not:
3            (1) hold an elected office;
4            (2) be a candidate for an elected office;
5            (3) be the spouse, parent, or child of an
6        individual who holds an elected office or is a
7        candidate for elected office;
8            (4) serve as an officer, an employee, or a paid
9        consultant of a political party or candidate campaign
10        for elected office;
11            (5) be a registered lobbyist; or
12            (6) have held elected office or run as a candidate
13        for elected office at any time during the ten-year
14        period ending on December 31 preceding the date of
15        appointment.
16    The state auditor shall accept applications from the member
17state's residents who meet the above qualifications for service
18on the commission. From the applicant pool, the state auditor
19shall, no later than May 1 of the year following a federal
20decennial census, select 60 of the most qualified applicants,
21including a subpool of 20 who are affiliated with the largest
22political party in the member state, a subpool of 20 who are
23affiliated with the second largest political party in the
24member state, and a subpool of 20 who are not affiliated with
25either of the two largest political parties in the member
26state. These applicants shall be selected on the basis of

 

 

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1relevant analytical skills, ability to be impartial, and
2appreciation for the member state's diverse demographics and
3geography.
4    The state auditor shall present its pool of recommended
5applicants to the state legislature. The leaders of the
6political party with the greatest number of seats in each
7chamber of the state legislature, and the leaders of the
8political party with the second greatest number of seats in
9each chamber of the state legislature, may each strike up to 2
10applicants from each subpool of 20 for a total of 8 possible
11strikes per subpool. If the member state has a unicameral
12legislature, the leader of the political party with the
13greatest number of seats in the state legislature and the
14leader of the political party with the second greatest number
15of seats in the state legislature may each strike up to 4
16applicants from each subpool of 20. After all legislative
17leaders have exercised their strikes, and no later than May 15
18of the year following a federal decennial census, the state
19legislature shall present the pool of remaining names to the
20state auditor.
21    No later than June 1 of the year following a federal
22decennial census, the state auditor shall randomly draw 8 names
23from the remaining pool of applicants as follows: 3 from the
24remaining subpool of applicants affiliated with the largest
25political party in the member state; 3 from the remaining
26subpool of applicants affiliated with the second largest

 

 

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1political party in the member state; and 2 from the remaining
2subpool of applicants who are not affiliated with either of the
32 largest political parties in the member state. These 8
4individuals shall serve on commission.
5    No later than July 1 of the year following a federal
6decennial census, the 8 commissioners shall review the
7remaining names in the pool of applicants and appoint 6
8applicants to the commission as follows: 2 from the remaining
9subpool of applicants affiliated with the largest political
10party in the member state; 2 from the remaining subpool of
11applicants affiliated with the second largest political party
12in the member state; and 2 from the remaining subpool of
13applicants who are not affiliated with either of the 2 largest
14political parties in the member state. The 6 appointees must be
15approved by at least 5 affirmative votes, which must include at
16least 2 votes of commissioners affiliated with each of the 2
17largest parties and one vote from a commissioner who is not
18affiliated with either of the 2 largest political parties in
19the member state.
20    If the member state does not have a state auditor, the
21responsibilities of the state auditor set forth in this Compact
22shall be performed by a special master appointed by a majority
23of the judges of the member state's highest court.
 
24Article IV - Vacancy.
25    A vacancy in the commission shall be filled in the manner

 

 

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1in which the original appointment was made.
 
2Article V - Independent redistricting plan.
3    The commission shall develop a redistricting plan for the
4member state's congressional and state legislative districts.
5The commission's starting point for drawing the plan shall be
6the member state's census tract map according to the most
7recent federal decennial census. Adjustments to the map shall
8then be made as necessary to accomplish the goals as set forth
9below. Each district shall, in order of priority:
10        (a) be substantially equal in population;
11        (b) be consistent with the federal Voting Rights Act
12    and any other applicable federal or state law;
13        (c) provide racial minorities and language minorities
14    with the equal opportunity to participate in the political
15    process and elect candidates of their choice;
16        (d) create crossover districts, coalition districts,
17    or influence districts to provide racial minorities and
18    language minorities who constitute less than a voting-age
19    majority of a district with an opportunity to control or
20    substantially influence the outcome of an election;
21        (e) be contiguous, except to the extent necessary to
22    include any area which is surrounded by a body of water;
23        (f) respect, to the extent practicable, communities of
24    interest as determined on the basis of census tract or
25    other relevant information;

 

 

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1        (g) respect, to the extent practicable, visible
2    geographic features, city, town, and county boundaries,
3    and undivided census tracts;
4        (h) be compact; and
5        (i) not consider the place of residence of any
6    incumbent or political candidate in the creation of a map.
7    Districts shall not be drawn for the purpose of favoring or
8    discriminating against an incumbent, political candidate,
9    or political party.
10    To the extent practicable, competitive districts should be
11favored where to do so would create no significant detriment to
12goals (a) through (i).
 
13Article VI - Population count.
14    The population count used for the purpose of creating the
15independent redistricting plan shall count individuals
16incarcerated in state or federal correctional facilities, as
17determined by the federal decennial census, at their last known
18residence before incarceration if the individuals were
19residents of the member state. The population count may not
20include individuals incarcerated in state or federal
21correctional facilities who were not residents of the state
22before their incarceration.
 
23Article VII - Voting.
24    Nine members of the commission shall constitute a quorum.

 

 

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1Nine or more affirmative votes shall be required for any
2official action. The final redistricting maps must be approved
3by at least nine affirmative votes which must include at least
43 votes of members affiliated with each of the 2 largest
5political parties in the member state and 3 votes from members
6who are not affiliated with either of these 2 political
7parties.
 
8Article VIII - Timing.
9    The commission shall adopt a redistricting plan following
10each federal decennial census. The commission shall not adopt
11any redistricting plan mid-decade before the next federal
12decennial census.
 
13Article IX - Internet website.
14    As soon as practicable after establishing the commission,
15the member state shall establish and maintain a public Internet
16website for the commission which meets all of the following
17requirements:
18        (a) The site is updated continuously to provide advance
19    notice of commission hearings and to otherwise provide
20    timely information on the activities of the commission.
21        (b) The site contains the most recent available
22    information from the United States Bureau of the Census on
23    voting-age population, voter registration, and voting in
24    the state, including precinct-level and census tract-level

 

 

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1    data as well as detailed maps reflecting such information.
2        (c) The site includes interactive software that
3    enables any individual to design a redistricting plan for
4    the member state in accordance with the criteria described
5    in Article IV.
6        (d) The site permits any individual to submit a
7    proposed redistricting plan to the commission, and to
8    submit questions, comments, and other information with
9    respect to the commission's activities.
 
10Article X - Public hearings.
11    The commission shall operate in an open and transparent
12manner and shall solicit public feedback in drawing a plan. The
13commission shall hold public hearings in distinct geographic
14regions of the state according to population distribution at
15which members of the public may provide input, including
16submitting proposed redistricting plans. The commission shall
17hold at least one public hearing in each congressional district
18and shall hold the following minimum number of hearings:
19        (a) A member state with at least 3 congressional
20    districts shall hold at least 6 hearings.
21        (b) A member state with no fewer than 3 but not more
22    than 6 congressional districts shall hold at least 8
23    hearings.
24        (c) A member state with no fewer than 6 but not more
25    than 9 congressional districts shall hold at least 12

 

 

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1    hearings.
2        (d) A member state with no fewer than 9 but not more
3    than 15 congressional districts shall hold at least 18
4    hearings.
5        (e) A member state with no fewer than 15 but not more
6    than 20 congressional districts shall hold at least 22
7    hearings.
8        (f) A member state with more than 20 congressional
9    districts shall hold at least one hearing for each district
10    plus 5 additional hearings.
 
11Article XI - Public notice.
12        (a) Hearings. Not fewer than 7 days before a public
13    hearing, the commission shall issue public notice of the
14    hearing time and location, including but not limited to
15    posting the notice on the commission's website.
16        (b) Certification to Secretary of State. Not fewer than
17    7 days before certifying a redistricting plan to the
18    Secretary of State, the commission shall issue public
19    notice, including but not limited to posting the notice on
20    the commission's web site. The notice shall contain the
21    following information:
22            (1) A detailed version of the plan, including a map
23        showing each district established under the plan and
24        the voting-age population by race of each district;
25            (2) A statement providing specific information on

 

 

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1        the commission's methodology for drawing the plan and
2        how the plan would serve the public interest;
3            (3) Any dissenting statements of any members of the
4        commission who did not approve of the plan.
 
5Article XII - Certification to Secretary of State.
6    By September 1 of the year following a federal decennial
7census, the commission shall approve final maps that separately
8set forth the district boundary lines for the member state's
9congressional and state legislative districts. Upon approval,
10the commission shall certify the final maps to the member
11state's Secretary of State. The commission shall issue, with
12each final map, a report that explains the basis on which the
13commission made its decisions in achieving compliance with the
14criteria listed in Article V and shall include definitions of
15the terms and standards used in drawing each final map. An
16approved redistricting plan filed with the Secretary of State
17shall be presumed valid, shall have the force and effect of law
18and shall be published promptly by the Secretary of State. If
19the member state does not have a Secretary of State, the
20responsibilities of the Secretary of State set forth in this
21Compact shall be performed by the Secretary of the Commonwealth
22or other state official designated by the member state's chief
23executive.
 
24Article XIII - Judicial review.

 

 

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1    If the commission does not approve a final map by at least
2the requisite votes or if a final map is not certified to the
3Secretary of State by September 15 of the year following a
4federal decennial census, the Secretary of State shall
5immediately petition the highest court of the member state for
6an order directing the appointment of special masters to adjust
7the boundary lines of that map in accordance with the
8redistricting criteria and requirements set forth in Article V.
9Upon its approval of the special masters' map, the court shall
10certify the resulting map to the Secretary of State no later
11than October 1 of the year following a federal decennial
12census, and that map shall constitute the certified final map
13for the district.
 
14Article XIV - Other laws.
15    Nothing in this agreement shall be construed, applied, or
16implemented in a way that imposes any requirement or obligation
17that conflicts with the United States Constitution or any
18federal law regarding redistricting congressional or state
19legislative districts, including, but not limited to, the
20Voting Rights Act.
 
21Article XV - Effective date.
22    The several states are invited to concur in this agreement
23by enactment of a similar act. This agreement shall take effect
24when every state with three or more congressional districts at

 

 

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1the time of redistricting has enacted this agreement in
2substantially the same form and the enactments by such states
3have taken effect in each state. It shall continue in effect if
4a member state with 3 congressional districts loses a district
5following a federal decennial census occurring after the
6agreement takes effect. If, following a federal decennial
7census occurring after the agreement takes effect, a non-member
8state is entitled to an additional congressional district that
9would bring the non-member state's total number of
10congressional districts to 3 or more, the agreement shall be
11suspended until the non-member state enacts this agreement and
12the enactment takes effect.
13    The chief executive of each member state shall promptly
14notify the chief executive of all other states when this
15agreement has been enacted in that official's state or when the
16state has withdrawn from this agreement.
 
17Article XVI - Withdrawal.
18    Any member state may withdraw from this agreement, except
19that a withdrawal occurring 6 months or less before a general
20election in which any Congressional or state legislative seat
21is on the ballot shall not become effective until after the
22election results are certified.
 
23Article XVII - Compliance.
24    A member state is not required to comply with this compact

 

 

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1if:
2        (a) the commission of any member state fails to adopt a
3    redistricting plan; or
4        (b) the Attorney General of any member state determines
5    that another member state has repealed, replaced, or failed
6    to implement any aspect of this compact, including but not
7    limited to failing to establish an independent
8    redistricting commission or failing to implement the
9    district map adopted by the commission.
 
10Article XVIII - Severability.
11    If any provision of this agreement is held invalid, the
12remaining provisions shall not be affected.
 
13Article XIX - Enforcement.
14    The agencies and officers of each member state and its
15subdivisions shall enforce this compact and do all things
16appropriate to effect its purpose and intent that may be within
17their respective jurisdictions, including but not limited to
18adopting any legislation or regulations necessary to implement
19this agreement.
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.".