May 23, 2006, Introduced by Rep. Ward and referred to the Committee on House Oversight, Elections, and Ethics.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending sections 2, 3, and 6 of article
IV, to base legislative apportionment and districting on the number
of citizens of this state.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to base legislative apportionment and
districting on the number of citizens of this state, is proposed,
agreed to, and submitted to the people of the state:
ARTICLE IV
Sec. 2. The senate shall consist of 38 members to be elected
from single member districts at the same election as the governor
for four-year terms concurrent with the term of office of the
governor.
In
districting the this
state for the purpose of electing
senators
after the official publication of the total population
citizenship count of each federal decennial census, each county
shall be assigned apportionment factors equal to the sum of its
percentage
of the state's population number of citizens of this
state as shown by the last regular federal decennial census
computed to the nearest one-one hundredth of one percent multiplied
by four and its percentage of the state's land area computed to the
nearest one-one hundredth of one percent.
In arranging the state into senatorial districts, the
apportionment commission shall be governed by the following rules:
(1) Counties with 13 or more apportionment factors shall be
entitled as a class to senators in the proportion that the total
apportionment factors of such counties bear to the total
apportionment factors of the state computed to the nearest whole
number. After each such county has been allocated one senator, the
remaining senators to which this class of counties is entitled
shall be distributed among such counties by the method of equal
proportions applied to the apportionment factors.
(2) Counties having less than 13 apportionment factors shall
be entitled as a class to senators in the proportion that the total
apportionment factors of such counties bear to the total
apportionment factors of the state computed to the nearest whole
number. Such
These counties shall thereafter be
arranged into
senatorial districts that are compact, convenient, and contiguous
by land, as rectangular in shape as possible, and having as nearly
as possible 13 apportionment factors, but in no event less than 10
or more than 16. Insofar as possible, existing senatorial districts
at the time of reapportionment shall not be altered unless there is
a failure to comply with the above standards.
(3) Counties entitled to two or more senators shall be divided
into
single member districts. The population number of citizens
of such
these districts shall be as nearly equal as possible but
shall not be less than 75 percent nor more than 125 percent of a
number
determined by dividing the population number of citizens
of the county by the number of senators to which it is entitled.
Each such district shall follow incorporated city or township
boundary lines to the extent possible and shall be compact,
contiguous, and as nearly uniform in shape as possible.
Sec. 3. The house of representatives shall consist of 110
members elected for two-year terms from single member districts
apportioned
on a basis of population the number of citizens as
provided in this article. The districts shall consist of compact
and convenient territory contiguous by land.
Each county which has a population of not less than seven-
tenths
of one percent of the population number of citizens of
the
this state shall constitute a separate representative
area.
Each
county having less than seven-tenths of one percent of the
population
number of citizens of the this
state shall be
combined with another county or counties to form a representative
area
of not less than seven-tenths of one percent of the
population
number of citizens of the this
state. Any county
which is isolated under the initial allocation as provided in this
section shall be joined with that contiguous representative area
having the smallest percentage of the state's population. Each such
representative area shall be entitled initially to one
representative.
After the assignment of one representative to each of the
representative areas, the remaining house seats shall be
apportioned
among the representative areas on the basis of
population
the number of citizens by the method of equal
proportions.
Any county comprising a representative area entitled to two or
more representatives shall be divided into single member
representative districts as follows:
(1)
The population number of citizens of such
these
districts shall be as nearly equal as possible but shall not be
less than 75 percent nor more than 125 percent of a number
determined
by dividing the population number of citizens of the
representative area by the number of representatives to which it is
entitled.
(2) Such
These single member districts shall follow city and
township boundaries where applicable and shall be composed of
compact and contiguous territory as nearly square in shape as
possible.
Any representative area consisting of more than one county,
entitled to more than one representative, shall be divided into
single
member districts as equal as possible in population the
number of citizens, adhering to county lines.
Sec.
6. A commission on legislative apportionment is hereby
established consisting of eight electors, four of whom shall be
selected by the state organizations of each of the two political
parties whose candidates for governor received the highest vote at
the last general election at which a governor was elected preceding
each apportionment. If a candidate for governor of a third
political party has received at such election more than 25 percent
of such gubernatorial vote, the commission shall consist of 12
members, four of whom shall be selected by the state organization
of the third political party. One resident of each of the following
four regions shall be selected by each political party
organization: (1) the upper peninsula; (2) the northern part of the
lower peninsula, north of a line drawn along the northern
boundaries of the counties of Bay, Midland, Isabella, Mecosta,
Newaygo and Oceana; (3) southwestern Michigan, those counties south
of region (2) and west of a line drawn along the western boundaries
of the counties of Bay, Saginaw, Shiawassee, Ingham, Jackson and
Hillsdale;
(4) southeastern Michigan, the remaining counties of
the
this state.
No officers or employees of the federal, state, or local
governments, excepting notaries public and members of the armed
forces reserve, shall be eligible for membership on the commission.
Members of the commission shall not be eligible for election to the
legislature until two years after the apportionment in which they
participated becomes effective.
The commission shall be appointed immediately after the
adoption of this constitution and whenever apportionment or
districting of the legislature is required by the provisions of
this constitution. Members of the commission shall hold office
until each apportionment or districting plan becomes effective.
Vacancies shall be filled in the same manner as for original
appointment.
The secretary of state shall be secretary of the commission
without vote, and in that capacity shall furnish, under the
direction of the commission, all necessary technical services. The
commission
shall elect its own chairman chairperson, shall make
its own rules of procedure, and shall receive compensation provided
by law. The legislature shall appropriate funds to enable the
commission to carry out its activities.
Within 30 days after the adoption of this constitution, and
after
the official total population citizenship count of each
federal
decennial census of the this
state and its political
subdivisions is available, the secretary of state shall issue a
call convening the commission not less than 30 nor more than 45
days thereafter. The commission shall complete its work within 180
days after all necessary census information is available. The
commission shall proceed to district and apportion the senate and
house of representatives according to the provisions of this
constitution. All final decisions shall require the concurrence of
a majority of the members of the commission. The commission shall
hold public hearings as may be provided by law.
Each final apportionment and districting plan shall be
published as provided by law within 30 days from the date of its
adoption and shall become law 60 days after publication. The
secretary of state shall keep a public record of all the
proceedings of the commission and shall be responsible for the
publication and distribution of each plan.
If a majority of the commission cannot agree on a plan, each
member of the commission, individually or jointly with other
members, may submit a proposed plan to the supreme court. The
supreme court shall determine which plan complies most accurately
with the constitutional requirements and shall direct that it be
adopted by the commission and published as provided in this
section.
Upon the application of any elector filed not later than 60
days after final publication of the plan, the supreme court, in the
exercise of original jurisdiction, shall direct the secretary of
state or the commission to perform their duties, may review any
final
plan adopted by the commission, and shall remand such the
plan to the commission for further action if it fails to comply
with the requirements of this constitution.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.