19 LC 28 9035ER Senate Resolution 52 By: Senators Parent of the 42nd, Jordan of the 6th, Williams of the 39th, Harrell of the 40th, Henson of the 41st and others A RESOLUTION 1 Proposing an amendment to the Constitution so as to provide that legislative and 2 congressional reapportionment be done by an independent nonpartisan commission instead 3 of the General Assembly; to provide for definitions; to provide for the establishment of such 4 commission; to provide for the qualifications and appointment of members of such 5 commission; to provide for the filling of vacancies on the commission; to provide for powers, 6 duties, responsibilities, and resources for such commission; to provide for guidelines for 7 reapportionment; to provide for related matters; to provide for submission of this amendment 8 for ratification or rejection; and for other purposes. 9 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: 10 SECTION 1. 11 Article II of the Constitution is amended by adding a new Section IV to read as follows: 12 "SECTION IV. 13 LEGISLATIVE AND CONGRESSIONAL REAPPORTIONMENT 14 Paragraph I. Citizens' Redistricting Commission. (a) In each year following a year in 15 which a United States decennial census is conducted or when congressional or legislative 16 redistricting is required by court order, the state's congressional districts and Senate and 17 House of Representative districts shall be reapportioned in accordance with this 18 Constitution and the United States Constitution. The state shall be reapportioned into a 19 number of congressional districts equal to the number of congressional districts allocated 20 to the state under the United States Constitution and federal law. The state shall also be 21 reapportioned into not less than 30 nor more than 56 consecutively numbered senatorial 22 districts and into not less than 120 nor more than 180 consecutively numbered 23 representative districts. The term 'reapportionment,' as used in this section, means any 24 redistricting process by which congressional and legislative district boundaries are S. R. 52 - 1 - 19 LC 28 9035ER 25 established and the term 'reapportionment plan,' as used in this section, means any plan that 26 implements any redistricting process. 27 (b) In establishing district boundaries, the following exclusive standards shall govern: 28 (1) Districts shall comply with the United States Constitution, the federal Voting 29 Rights Act of 1965, as amended, and other applicable laws of the United States; 30 (2) Districts shall not be drawn with the intent or result of denying or abridging the 31 right of any citizen of the United States to vote on account of race, color, or 32 language-minority status. A district does not satisfy this standard if, based on the totality 33 of circumstances, the political processes leading to nomination or election in the state or 34 political subdivision are not equally open to participation by members of a class of 35 citizens protected by this Paragraph, in that its members have less opportunity than other 36 members of the electorate to participate in the political process and to elect 37 representatives of their choice, whether as a single group or acting in concert with others. 38 Any voter who is a member of such a class and who resides in a political subdivision 39 where a violation of this subparagraph is alleged may file an action in the superior court 40 of the county in which the political subdivision is located; 41 (3) Districts shall be geographically contiguous; 42 (4) Plans, if for congressional redistricting, shall provide for zero deviation of total 43 population per district and, if for redistricting of the House of Representatives or the 44 Senate, shall provide for as close as practicable to zero deviation of total population 45 among the districts, consistent with the standards set forth in this Paragraph; 46 (5) District boundaries shall conform to existing county geographical boundaries to the 47 extent practicable and to the extent there is no conflict with the standards set forth in this 48 Paragraph; 49 (6) Districts shall not breach precinct boundaries, and any agency or body authorized 50 to create new precinct boundaries shall not breach district boundaries; 51 (7) Except as otherwise required by this Paragraph: 52 (A) No reapportionment plan or district shall be drawn with the intent to favor or 53 disfavor a political party, incumbent, or other person or group; and 54 (B) No reapportionment plan or district shall be drawn on the basis of maps existing 55 prior to the enactment of this provision; and 56 (8) No use shall be made of any of the following data: residential addresses of 57 incumbent legislators, perceived or actual political affiliations of registered voters, past 58 election results, voting history data, or any demographic information other than 59 population head counts. 60 (c)(1) In each year following a year in which a United States decennial census is 61 conducted or when congressional or legislative redistricting is required by court order, S. R. 52 - 2 - 19 LC 28 9035ER 62 a Citizens' Redistricting Commission shall be established as provided in this Paragraph. 63 The Citizens' Redistricting Commission shall be the reapportionment body responsible 64 for congressional and legislative redistricting. 65 (2) The commission shall be composed of 14 members appointed as provided in this 66 Paragraph. 67 (3) The commission shall include five members who are identified with the political 68 party whose candidate for Governor in the last general election to fill the office of 69 Governor received the highest number of votes, five members who are identified with the 70 political party whose candidate for Governor in the last general election to fill the office 71 of Governor received the next highest number of votes, and four members who are not 72 identified with any political party. Identification with a political party shall mean that a 73 person voted in the general primary of such political party in each of the three 74 immediately preceding general primaries and publicly swears or affirms that he or she 75 supports the political party and personally identifies as a member of the political party. 76 Not being identified with a political party shall mean that the person did not vote 77 exclusively in the general primary of one political party in the three immediately 78 preceding general primaries and publicly swears or affirms that he or she does not 79 personally identify as a member of any political party. 80 (4) Each commission member shall be a registered voter who, at the time of his or her 81 selection to serve on the commission, has been continuously registered to vote in Georgia 82 for the immediately preceding five-year period or longer and has voted in each of the 83 three immediately preceding state-wide general elections. 84 (5) No person shall be eligible to serve on the commission who has, within the 85 immediately preceding ten-year period prior to his or her selection to serve on the 86 commission, or whose immediate family member has, within the immediately preceding 87 ten-year period prior to such person's selection to serve on the commission: 88 (A) Been appointed or elected to or been a candidate for federal, state, or local office; 89 (B) Served as an officer, employee, or paid consultant of a political party or body or 90 of the campaign or campaign committee of a candidate for elective federal, state, or 91 local office; 92 (C) Served as an elected or appointed officer of a political party or body on a state or 93 county executive committee; 94 (D) Served as an appointee of the Governor; 95 (E) Served as a registered federal, state, or local lobbyist; 96 (F) Served as a paid congressional or legislative staff member; or 97 (G) Contributed $2,000.00 or more to any federal, state, or local candidate for elective 98 public office in any year; such amount shall be adjusted every ten years by the S. R. 52 - 3 - 19 LC 28 9035ER 99 Secretary of State by calculating the cumulative percentage increase in the consumer 100 price index for Georgia or its successor index over the preceding ten-year period. 101 Immediate family members include spouses, parents, siblings, and children. 102 (6) Not later than January 1, 2020, and in each year ending in the number zero thereafter, 103 the Chief Justice of the Supreme Court shall initiate an application process for service on 104 the commission which shall be open to all registered electors in Georgia in a manner that 105 promotes a diverse and qualified applicant pool reflecting the diverse demographics and 106 geography of the state. Such applications shall be received through June 30 of such year 107 and in each year ending in the number zero thereafter. Not later than July 1 of such year 108 and in each year ending in the number zero thereafter, the Chief Justice shall establish a 109 review panel consisting of three retired appellate or superior court judges to screen 110 applicants for the commission. Not later than August 1 of such year and in each year 111 ending in the number zero thereafter, the Chief Justice shall publicize the names of the 112 applicants and deliver copies of their applications to the review panel. 113 (7) The review panel shall review and verify the qualifications of the applicants and shall 114 select 20 of the most qualified applicants who are identified with the political party whose 115 candidate for Governor in the last general election to fill the office of Governor received 116 the highest number of votes, 20 of the most qualified applicants who are identified with 117 the political party whose candidate for Governor in the last general election to fill the 118 office of Governor received the next highest number of votes, and 20 of the most 119 qualified applicants who are not identified with any political party. These subpools shall 120 be created on the basis of relevant analytical skills, ability to be impartial, and 121 appreciation of the diverse demographics and geography of the state. The members of 122 the review panel shall not communicate with any member of the Georgia congressional 123 delegation, any member of the General Assembly, or any representative of any such 124 member prior to the selection of the three subpools of applicants. 125 (8) Not later than October 1, 2020, and in each year ending in the number zero thereafter, 126 the review panel shall submit the three subpools of applicants to the Secretary of the 127 Senate and the Clerk of the House of Representatives. Not later than November 15, 2020, 128 and in each year ending in the number zero thereafter, the President Pro Tempore of the 129 Senate, the minority leader of the Senate, the Speaker of the House of Representatives, 130 and the minority leader of the House of Representatives may each strike up to two of the 131 applicants from each subpool for a total of up to eight strikes from each subpool. After 132 removing the names of those persons stricken from the subpools, the Secretary of the 133 Senate and the Clerk of the House of Representatives shall deliver the pool of remaining 134 names to the Chief Justice of the Supreme Court. S. R. 52 - 4 - 19 LC 28 9035ER 135 (9) Not later than November 20, 2020, and in each year ending in the number zero 136 thereafter, the Chief Justice shall randomly draw eight names from the applicants 137 remaining. Three of the randomly drawn names shall be drawn from the subpool of 138 applicants who identify with the political party whose candidate for Governor in the last 139 general election to fill the office of Governor received the highest number of votes, three 140 of the randomly drawn names shall be drawn from the subpool of applicants who identify 141 with the political party whose candidate for Governor in the last general election to fill 142 the office of Governor received the next highest number of votes, and two of the 143 randomly drawn names shall be drawn from the subpool of applicants who do not identify 144 with any political party. These persons shall serve on the commission. 145 (10) Not later than December 31, 2020, and in each year ending in the number zero 146 thereafter, the initial eight members of the commission selected as provided in 147 subparagraph (c)(9) of this Paragraph shall review the names remaining in the pool of 148 applicants following their selection and shall appoint an additional six persons from such 149 remaining applicants. Two names shall be selected from the subpool of applicants who 150 identify with the political party whose candidate for Governor in the last general election 151 to fill the office of Governor received the highest number of votes, two names shall be 152 selected from the subpool of applicants who identify with the political party whose 153 candidate for Governor in the last general election to fill the office of Governor received 154 the next highest number of votes, and two names shall be selected from the subpool of 155 applicants who do not identify with any political party. The six appointees must receive 156 the affirmative vote of at least five of the initial eight members of the commission, which 157 shall include at least two votes by members of the commission who identify with one of 158 the political parties and one vote by a member of the commission who does not identify 159 with any political party. Such additional six member of the commission shall be chosen 160 to represent the state's diversity to include, but not be limited to, racial, ethnic, 161 geographic, and gender diversity, provided that no formula or specific ratio shall be used 162 for such purpose. Such members of the commission shall also be chosen for their 163 analytical skills and ability to be impartial. 164 (11) In the event of substantial neglect of duty, gross misconduct in office, or inability 165 to discharge the duties of the office, a member of the commission may be removed by the 166 review panel established by the Chief Justice pursuant to subparagraph (c)(6) of this 167 Paragraph after having been served with written notice and provided with an opportunity 168 for responding. 169 (12) Vacancies on the commission shall be filled within 30 days following the 170 occurrence of such vacancy by the remaining members of the commission by selecting 171 a person from the same subpool of applicants from which the vacating member was S. R. 52 - 5 - 19 LC 28 9035ER 172 selected as such subpool existed on November 20 of the year in which that pool was 173 established. In the event that none of the remaining applicants are available for service, 174 the Chief Justice of the Supreme Court shall create a new subpool following the general 175 methodology of subparagraph (c) of this Paragraph. 176 (13) The members of the commission shall select from among their number a 177 chairperson to preside over meetings of the commission and a vice chairperson to act in 178 the absence of the chairperson. The chairperson and vice chairperson shall not be from 179 the same subpool. The commission may also select a secretary to keep the records of the 180 commission and minutes of its meetings. Such person need not be a member of the 181 commission. 182 (14) Members of the commission shall be reimbursed for expenses incurred in the 183 performance of their duties on the commission in the same manner as members of the 184 General Assembly. The General Assembly is authorized to provide for the payment of 185 reasonable compensation to the members of the commission. The General Assembly 186 shall provide adequate funding to the commission, including the employment of a 187 competent staff, in order for the commission to carry out its duties. The General 188 Assembly shall provide adequate funding for the representation of the commission in any 189 litigation, and the Department of Law shall have the responsibility for such 190 representation. The commission shall have legal standing to seek judicial relief from the 191 Supreme Court should the General Assembly fail to satisfy the requirements of this 192 Paragraph. The Supreme Court shall have original jurisdiction to hear such actions and 193 may appoint a special master to take testimony and evidence and determine factual issues 194 necessary to resolve such actions. 195 (d)(1) Before January 1 of a reapportionment year, a publicly accessible internet based 196 redistricting portal shall be established to assist the public in drawing maps and providing 197 input on the reapportionment process and allow members of the public to upload their 198 own maps. Such portal shall allow any member of the public to submit written comments 199 on any proposed plans. 200 (2) Not later than April 15 of a reapportionment year, one or more initial proposed plans 201 that satisfy the standards set forth in subparagraph (d)(1) of this Paragraph shall be 202 created and published on the internet based redistricting portal. The plan or plans shall 203 be presented visually, in sufficient detail such that the public may visually inspect all 204 district boundaries down to the residence level, and the plan or plans shall also include 205 all data necessary for a third party to electronically recreate an accurate visual 206 representation of such proposed plan or plans. The plan or plans shall be presented in a 207 manner that will allow any member of the public to immediately inspect visually the 208 proposed district in which they live as well as all neighboring districts. Not later than S. R. 52 - 6 - 19 LC 28 9035ER 209 April 15 of a reapportionment year, a visual representation of the plan shall also be 210 published for once a week for two consecutive weeks in the legal organ for each county. 211 (3) Any initial proposed plan or plans published on the internet based redistricting portal 212 shall also include a detailed explanation of the procedure or process used to create such 213 plan or plans, including, but not limited to, all inputs, variables, factors, or other bases 214 used to create such plan or plans, draft maps, formulae or algorithms, and any hardware 215 or software relied upon to create such plan or plans. This provision shall be construed 216 to defeat any legal claim or defense that is brought or raised by any party to prevent the 217 disclosure of such procedure or process, including, but not limited to, a claim or defense 218 that such disclosure would constitute an unlawful disclosure of a trade secret or other 219 confidential or proprietary information. 220 (4) There shall be at least one public hearing in the highest-population municipality of 221 each congressional district in this state, to be held no earlier than May 1 and no later than 222 May 31 of a reapportionment year. At least two members of the commission shall be 223 present at each public hearing, and one member of the commission shall preside and 224 conduct the hearing. Visual representations of the proposed plan or plans shall be 225 prominently presented at the hearing. The hearings shall be recorded and made available 226 live and archived for public viewing on the internet. During each public hearing, the 227 representatives shall present the initial proposed plan or plans, explain the procedure or 228 process used to create such plan or plans, have available any plans submitted by the 229 public and the commission's evaluation of such plan or plans, and hear public comments 230 and suggestions. Public notice of such meetings shall be published via the internet based 231 redistricting portal and for once a week for two consecutive weeks in the legal organ for 232 each county, not later than 14 days before the date of the hearing. 233 (5) Not later than July 1 of a reapportionment year, all public comments submitted in 234 writing or during a public hearing shall be processed and considered for purposes of 235 revising any initial proposed plan or plans, and the basis for accepting or rejecting any 236 such comments shall be published on the internet based redistricting portal; 237 (6) Not later than August 1 of a reapportionment year, the final reapportionment plan 238 shall be publicly presented on the internet based redistricting portal and such plan shall 239 be certified to the Secretary of State. Such plan shall comply with all presentation 240 requirements set forth in subparagraph (d)(2) of this Paragraph. 241 (7) All meetings, discussions, and deliberations concerning reapportionment shall be 242 conducted in public, and public notice of such meetings, discussions, and deliberations 243 shall be published on the internet based redistricting portal 14 days in advance. All 244 communications, including electronic communications, shall be made available to the 245 public for inspection and copying. S. R. 52 - 7 - 19 LC 28 9035ER 246 (8) All communications with any party not hired or contracted to perform, or not 247 responsible for performing, the duties set forth in this Paragraph are strictly prohibited. 248 Such prohibition shall not apply to any public communications explicitly authorized by 249 this Paragraph. 250 (9) Nothing in this provision shall be construed as limiting any obligations set forth in 251 statute relating to disclosure of public records and open meetings which shall apply to this 252 Paragraph or any other such applicable laws. 253 (10) A plaintiff interested in having the duties or prohibitions set forth in this Paragraph 254 enforced may seek a writ of mandamus to compel due performance of the duties set forth 255 in this Paragraph or writ of prohibition, whichever is proper. A writ of prohibition shall 256 be permitted to enforce the prohibitions set forth in this Paragraph. Lack of clarity or 257 specificity shall not constitute a defense in any such actions. 258 (e)(1) Within 15 days after the final reapportionment plan is certified to the Secretary of 259 State, any citizen of this state may petition the Supreme Court of Georgia for a 260 declaratory judgment determining the validity of the reapportionment under the standards 261 set forth in paragraph (b) of this Paragraph. The Supreme Court shall have original 262 jurisdiction of such actions and may appoint a special master to take testimony and 263 evidence and determine factual issues necessary to resolve such actions. The Supreme 264 Court, in accordance with its rules, shall permit adversary interests to present their views 265 and, within 60 days from the filing of the petition, shall enter its judgment. Should no 266 petition be filed, the reapportionment plan shall take effect. 267 (2) A judgment of the Supreme Court determining the reapportionment to be valid shall 268 be binding upon all the citizens of the state. Should the Supreme Court determine that 269 the reapportionment is invalid, the reapportionment body shall reconvene within five days 270 thereafter and, within 15 consecutive days, revise the reapportionment plan to conform 271 to the judgment of the Supreme Court, and certify such second reapportionment to the 272 Secretary of State. 273 (3) Within 15 days after such second reapportionment is certified, any citizen of this state 274 may petition the Supreme Court for a declaratory judgment determining the validity of 275 the second reapportionment under the standards set forth in paragraph (b) of this 276 Paragraph. Consideration of the validity of the second reapportionment shall be had as 277 provided for in subparagraph (e)(1) of this paragraph. Should no petition be filed, the 278 second reapportionment plan shall take effect. 279 (4) Should no second reapportionment be certified within the time limit, or should the 280 Supreme Court determine that such second reapportionment is invalid, the court shall, not 281 later than 60 days after receiving the petition, file with the Secretary of State an order 282 making such reapportionment. S. R. 52 - 8 - 19 LC 28 9035ER 283 (5) The commission shall have standing in legal actions regarding the redistricting plan." 284 SECTION 2. 285 Article III, Section II of the Constitution is amended by revising Paragraph II as follows: 286 "Paragraph II. Apportionment of General Assembly. The General Assembly shall 287 apportion the Senate and House districts. Such districts shall be composed of contiguous 288 territory. The apportionment of the Senate and of the House of Representatives shall be 289 changed by the General Assembly as necessary after each United States decennial census." 290 SECTION 3. 291 The above proposed amendment to the Constitution shall be published and submitted as 292 provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the 293 above proposed amendment shall have written or printed thereon the following: 294 "( ) YES Shall the Constitution of Georgia be amended so as to provide for the creation 295 ( ) NO of a nonpartisan independent citizens' redistricting commission composed of 296 Georgia voters to conduct legislative and congressional redistricting?" 297 All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." 298 All persons desiring to vote against ratifying the proposed amendment shall vote "No." If 299 such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall 300 become a part of the Constitution of this state. S. R. 52 - 9 -