House Resolution 12EX
By: Representatives Hugley of the 141st, Park of the 107th, Miller of the 62nd, Draper of the
90th, Cannon of the 58th, and others
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to provide for
certain minimum standards for congressional, legislative, and other state-wide apportionment
or district plans; to provide for an exception; to provide that such plans shall not be drawn
so as to favor or disfavor any political party or political organization, incumbent, or political
candidate; to prohibit the denial or abridgement of the equal opportunity of racial minorities
to participate in the political process or to elect state officeholders; to provide standing and
venue for actions to challenge such amendments; to provide for related matters; to provide
for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article III, Section II of the Constitution is amended by revising Paragraph II as follows:
"Paragraph II. Apportionment of General Assembly. <ins>(a)</ins> The General Assembly shall
apportion the Senate and House districts. <del>Such districts shall be composed of contiguous
territory.</del> The apportionment of the Senate and of the House of Representatives shall be
changed by the General Assembly as necessary after each United States decennial census.
<ins>(b)(1) This subparagraph shall apply to the apportionment of and districts for the
United States Congress, the Senate, the House of Representatives, and any other plan
</ins> H. R. 12EX
<ins>through which the entire state is divided into districts for the election of state officers by
the electors of the state, but shall not apply to any judicial circuit provided for in
Article VI.
(2)(A) Districts shall be composed of contiguous territory. Districts that connect on
only a single point shall not be contiguous.
(B) Each congressional district shall be drawn with a total population deviation of
plus or minus one person from the ideal district size. Each Senate or House of
Representatives district shall be drawn with a total population deviation of plus or
minus fifty persons from the ideal district size.
(C) In drawing an apportionment plan or drawing an individual district, the following
factors shall be considered and, whenever possible, all reasonable attempts shall be
made to avoid separating the following into separate districts:
(i) County boundaries;
(ii) Municipal boundaries;
(iii) Local school system boundaries;
(iv) Voting precinct boundaries; and
(v) Communities of interest, which shall include, but shall not be limited to,
populations that share cultural or historical characteristics or economic interests;
provided, however, that communities of interest shall not include relationships with
political parties or organizations, incumbents, or political candidates.
(D) No apportionment plan or individual district shall be drawn with the intent to
favor or disfavor or to have the result of favoring or disfavoring a political party or
organization or an incumbent, nor shall partisan considerations be used when
determining or establishing district criteria or guidelines.
(E) Districts shall not be drawn with the intent or result of denying or abridging the
equal opportunity of racial minorities to participate in the political process or to
diminish their ability to elect state officeholders of their choice.
</ins> H. R. 12EX
<ins>(3) Any registered elector of this state shall have standing to challenge the
constitutionality of any apportionment plan or individual district. The venue for any such
challenge shall be in the superior court of the county in which such challenger resides."
</ins> SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the
above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended to prohibit the drawing of
( ) NO congressional and legislative districts for the purpose of favoring or
disfavoring a political party or incumbent?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."
All persons desiring to vote against ratifying the proposed amendment shall vote "No." If
such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall
become a part of the Constitution of this state.
H. R. 12EX