HR1105: HR1105 Georgia Independent Redistricting Commission; create - CA

26 LC 28 0722 House Resolution 1105 By: Representatives Jackson of the 68th, Schofield of the 63rd, Scott of the 76th, Davis of the 87th, and Mitchell of the 88th A RESOLUTION Proposing an amendment to the Constitution of the State of Georgia so as to provide for the1 creation of the Georgia Independent Redistricting Commission; to provide for definitions;2 to provide for the manner of selection of members; to provide for its composition; to provide3 for qualifications and compensation; to provide for its duties and responsibilities; to provide4 for restricting criteria; to provide for the manner of challenges; to provide certain remedies;5 to limit the role of the General Assembly; to provide for related matters; to provide for the6 submission of this amendment for ratification or rejection; and for other purposes.7 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article III, Section II of the Constitution is amended by revising Paragraph II as follows:10 Paragraph II. Apportionment of General Assembly. T h e G e n e r a l A s s e m b l y s h a l l11 apportion the Senate and House districts. Such districts shall be composed of contiguous12 territory. The apportionment of the Senate and of the House of Representatives shall be13 changed by the General Assembly as necessary after each United States decennial census. 14 (a) To avoid the partisan gerrymandering that can undermine the principle of one-person,15 one-vote and can depress voter participation and lead to unrepr esentative and polarized16 government. The creation of electoral districts for members of the United States House of17 H. R. 1105 - 1 - 26 LC 28 0722 Representatives from Georgia and for members of the General Assembly must prioritize18 fair and effective representation over partisan advantage. Therefore, the State of Georgia19 hereby creates and establishes an independent, nonpartisan commission to draw boundaries20 for all electoral districts for members of the United States House of Representatives from21 Georgia and for members of the General Assembly to ensure transparency, public input,22 and adherence to objective, nonpartisan criteria in the drawing of such districts.23 (b) As used in this Paragraph, the term:24 (1) 'Community of interest' means a geographically defined group of people that share25 common social, cultural, historical, or economic interests, which should be protected and26 kept together in a single electoral district.27 (2) 'Commission' means the Georgia Independent Restricting Commission.28 (3) 'Cracking' means the practice of dividing or spreading voters who typically support29 a particular party or candidate across multiple districts so that they constitute a minority30 in each district, thereby diluting their voting power and minimizing their ability to elect31 a preferred candidate.32 (4) 'Packing' means the practice of concentrating voters who t ypically support a33 particular party or candidate into a small number of districts, thereby maximizing the34 number of seats such party or supporters of such candidate can win in other districts.35 (c) A permanent, seven-member Georgia Independent Redistricting Commission is36 hereby established as an independent agency of the State of Georgia.37 (d) To be eligible to serve on such commission, commissioners shall be registered voters38 of this state who have not, for the immediately preceding ten years:39 (1) Held or was a candidate for elective federal or state office in this state;40 (2) Served as a registered state or federal lobbyist or office r for a political party or41 political body; or42 (3) Served as paid staff member for a political party, politic al body, candidate, or43 elected official.44 H. R. 1105 - 2 - 26 LC 28 0722 (e) The commission shall be formed in the following manner:45 (1) Beginning not later than January 15 of each year in which a United States decennial46 census is conducted, the state auditor shall select 50 qualified applicants at random from47 the state-wide voter registration list; and48 (2) Not later than February 15 of each year in which a United States decennial census49 is conducted, the state auditor shall submit the list of 50 names which the state auditor has50 selected to the majority and minority leaders of the Georgia House of Representatives and51 Georgia Senate. Not later than March 15 of such year, such maj ority and minority52 leaders shall each strike five names from such list. Not later than April 1 of such year,53 the Chief Justice of the Supreme Court of Georgia shall select three commissioners from54 the remaining 30 names who are not affiliated with the political party or political body55 whose candidate for Governor at the most recent election for su ch office received the56 highest number of votes or the political party or political bod y whose candidate for57 Governor at the most recent election for such office received the second highest number58 of votes. Not later than April 15, such majority leaders shall select two commissioners59 from the names remaining on the list who are affiliated with the majority political party60 or political body. Not later than May 1, such minority leaders s h a l l s e l e c t t w o61 commissioners from the names remaining on the list who are affiliated with the minority62 political party or political body. T he persons so selected shall take office on July 1 of63 such year and shall serve on the commission for a term of ten years. Such persons may64 resign from the commission at any time by submitting a written resignation to the65 Governor and the Chief Justice of the Supreme Court of Georgia. Vacancies on the66 commission shall be filled by appointment by the entity who made the appointment of the67 person whose position on the commission is being vacated. The commissioners shall be68 compensated as provided by law.69 H. R. 1105 - 3 - 26 LC 28 0722 (f) It shall be the duty of the commission to produce district maps for the use in electing70 members of the United States House of Representatives from Georgia and members of the71 General Assembly.72 (g) In producing such maps, the commission shall adhere to the following criteria:73 (1) All districts shall adhere to the requirements of the United States Constitution;74 (2) All districts shall comply with the applicable provisions of the federal Voting75 Rights Act of 1965, as amended;76 (3) All parts of a district shall be contiguous;77 (4) Districts shall be drawn to minimize the distances among all parts of the district;78 (5) Communities of interest shall be preserved; and79 (6) County and municipal boundaries shall not be divided unles s necessary to meet80 higher-ranking criteria.81 (h) The commission in the drawing of district lines shall not:82 (1) Engage in the practice of cracking or packing voters to fa vor or disfavor any83 political party or political body, candidate, or elected official of this state;84 (2) Protect or defeat an incumbent elected official of this state;85 (3) Consider the residence address of any incumbent elected official of this state; or86 (4) Consider or use any political date such as voter registration, past election results,87 or political party or political body affiliation unless require d solely to comply with the88 federal Voting Rights Act of 1965, as amended.89 (i) Before drawing any electoral district maps, the commission shall conduct at least ten90 public hearings across the state and solicit input from the public on potential districts and91 communities of interest. All draft maps, data, and technical r esources used by the92 commission in drawing electoral district maps shall be made pub lic and accessible on a93 state website at least seven days before the adoption of any map.94 (j) Any registered voter of this state shall have standing to challenge any electoral district95 map adopted by the commission. Such challenges shall be filed in the Superior Court of96 H. R. 1105 - 4 - 26 LC 28 0722 Fulton County. The burden of proof in such challenges shall lie with the commission to97 demonstrate by clear and convincing evidence that the challenged electoral map complies98 with the provisions of subparagraph (g) of this Paragraph and d oes not violate the99 provisions of subparagraph (h) of this Paragraph. If the court finds a violation, the court100 shall remand the map to the commission with specific instructions for revision and, if the101 commission fails timely to adopt an acceptable map, the court may adopt a remedial map102 using the portions of the commission's map that is not violation as a starting point.103 (k) The General Assembly shall not amend or veto the final map s adopted by the104 commission.105 (l) The General Assembly shall provide such staffing, offices, equipment, supplies, and106 appropriations as is sufficient for the commission to perform i ts duties under this107 Paragraph."108 SECTION 2.109 The above proposed amendment to the Constitution shall be publi shed and submitted as110 provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the111 above proposed amendment shall have written or printed thereon the following:112 "( ) YES113 114 ( ) NO115 Shall the Constitution of Georgia be amended so as provide for the creation of the Georgia Independent Redistricting Commission and provide for its composition, duties, and responsibilities?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." 116 All persons desiring to vote against ratifying the proposed amendment shall vote "No." If117 such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall118 become a part of the Constitution of this state.119 H. R. 1105 - 5 -