CSHJR 44(RLS): Proposing amendments to the Constitution of the State of Alaska relating to redistricting and reapportionment of the legislature; repealing obsolete language setting out the apportionment schedule used to elect members of the first state legislature.
00CS FOR HOUSE JOINT RESOLUTION NO. 44(RLS) 01 Proposing amendments to the Constitution of the State of Alaska relating to 02 redistricting and reapportionment of the legislature; repealing obsolete language 03 setting out the apportionment schedule used to elect members of the first state 04 legislature. 05 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. Article VI, sec. 1, Constitution of the State of Alaska, is amended to read: 07 Section 1. House [ELECTION] Districts. Members of the house of 08 representatives shall be elected by the qualified voters of the respective house 09 [ELECTION] districts. The boundaries of the house districts shall be set under this 10 article following the official reporting of each decennial census of the United 11 States [UNTIL REAPPORTIONMENT, ELECTION DISTRICTS AND THE 12 NUMBER OF REPRESENTATIVES TO BE ELECTED FROM EACH DISTRICT 13 SHALL BE AS SET FORTH IN SECTION 1 OF ARTICLE XIV]. 14 * Sec. 2. Article VI, sec. 2, Constitution of the State of Alaska, is amended to read:
01 Section 2. Senate Districts. Members of the senate shall be elected by the 02 qualified voters of the respective senate districts. The boundaries of the senate 03 districts shall be set under this article following the official reporting of each 04 decennial census of the United States [SENATE DISTRICTS SHALL BE AS SET 05 FORTH IN SECTION 2 OF ARTICLE XIV, SUBJECT TO CHANGES 06 AUTHORIZED IN THIS ARTICLE]. 07 * Sec. 3. Article VI, sec. 3, Constitution of the State of Alaska, is amended to read: 08 Section 3. Reapportionment of House and Senate . The Redistricting Board 09 [GOVERNOR] shall reapportion the house of representatives and the senate 10 immediately following the official reporting of each decennial census of the United 11 States. Reapportionment shall be based upon the [CIVILIAN] population within each 12 house and senate [ELECTION] district as reported by the official decennial census 13 of the United States . 14 * Sec. 4. Article VI, sec. 4, Constitution of the State of Alaska, is amended to read: 15 Section 4. Method of Redistricting . The Redistricting Board shall 16 establish forty house districts, with each house district to elect one member of the 17 house of representatives. The board shall establish twenty senate districts, each 18 composed of two house districts, with each senate district to elect one senator 19 [REAPPORTIONMENT SHALL BE BY THE METHOD OF EQUAL 20 PROPORTIONS, EXCEPT THAT EACH ELECTION DISTRICT HAVING THE 21 MAJOR FRACTION OF THE QUOTIENT OBTAINED BY DIVIDING TOTAL 22 CIVILIAN POPULATION BY FORTY SHALL HAVE ONE REPRESENTATIVE]. 23 * Sec. 5. Article VI, sec. 6, Constitution of the State of Alaska, is amended to read: 24 Section 6. District Boundaries [REDISTRICTING]. The Redistricting 25 Board shall establish [GOVERNOR MAY FURTHER REDISTRICT BY 26 CHANGING] the size and area of house [ELECTION] districts, subject to the 27 limitations of this article. Each house [NEW] district [SO CREATED] shall be formed 28 of contiguous and compact territory containing as nearly as practicable a relatively 29 integrated socio-economic area. Each shall contain a population as near as 30 practicable [AT LEAST EQUAL] to the quotient obtained by dividing the [TOTAL 31 CIVILIAN] population of the state by forty. Each senate district shall be composed
01 as near as practicable of two contiguous house districts. Consideration may be 02 given to local government boundaries. Drainage and other geographic features shall 03 be used in describing boundaries wherever possible. 04 * Sec. 6. Article VI, sec. 8, Constitution of the State of Alaska, is amended to read: 05 Section 8. Redistricting [REAPPORTIONMENT] Board. (a) The chief 06 justice of the supreme court [GOVERNOR] shall appoint a redistricting 07 [REAPPORTIONMENT] board , subject to the provisions of this section and as may 08 be provided by law [TO ACT IN AN ADVISORY CAPACITY TO HIM]. It shall 09 consist of five members, all of whom shall be residents of the state and none of 10 whom may be public employees or officials at the time of and during the tenure of 11 appointment. Board members shall be appointed as provided in (b) of this section 12 [. AT LEAST ONE MEMBER EACH SHALL BE APPOINTED FROM THE 13 SOUTHEASTERN, SOUTHCENTRAL, CENTRAL, AND NORTHWESTERN 14 SENATE DISTRICTS. APPOINTMENTS SHALL BE MADE WITHOUT REGARD 15 TO POLITICAL AFFILIATION]. Board members shall be compensated. 16 (b) Members of the Redistricting Board shall be appointed by 17 September 1 of the year in which an official decennial census of the United States 18 is taken. At least one board member shall be a resident of each judicial district 19 that existed on January 1, 1999. Board members serve until a final plan for 20 redistricting and proclamation of redistricting has been adopted and all challenges 21 to it brought under Section 11 of this article have been resolved after final 22 remand or affirmation. 23 (c) A person who was a member of the Redistricting Board at any time 24 during the process leading to final adoption of a redistricting plan under Section 25 10 of this article may not be a candidate for the legislature in the general election 26 following the adoption of the final redistricting plan. 27 * Sec. 7. Article VI, sec. 9, Constitution of the State of Alaska, is amended to read: 28 Section 9. Board Actions [ORGANIZATION]. The board shall elect one 29 of its members chairman and may employ temporary assistants. Concurrence of three 30 members of the Redistricting Board is required for actions of the board [A 31 RULING OR DETERMINATION], but a lesser number may conduct hearings [OR
01 OTHERWISE ACT FOR THE BOARD]. The board shall employ or contract for 02 services of independent legal counsel. 03 * Sec. 8. Article VI, sec. 10, Constitution of the State of Alaska, is amended to read: 04 Section 10. Redistricting [REAPPORTIONMENT] Plan and Proclamation. 05 (a) Within thirty days after the official reporting of the decennial census of the 06 United States or thirty days after being duly appointed, whichever occurs last, the 07 board shall adopt one or more proposed redistricting plans. The board shall hold 08 public hearings on the proposed plan, or, if no single proposed plan is agreed on, 09 on all plans proposed by the board. No later than ninety days after the board has 10 been appointed and the official reporting of the decennial census of the United 11 States, the board shall adopt a final redistricting plan and [WITHIN NINETY 12 DAYS FOLLOWING THE OFFICIAL REPORTING OF EACH DECENNIAL 13 CENSUS, THE BOARD SHALL SUBMIT TO THE GOVERNOR A PLAN FOR 14 REAPPORTIONMENT AND REDISTRICTING AS PROVIDED IN THIS ARTICLE. 15 WITHIN NINETY DAYS AFTER RECEIPT OF THE PLAN, THE GOVERNOR 16 SHALL] issue a proclamation of [REAPPORTIONMENT AND] redistricting. [AN 17 ACCOMPANYING STATEMENT SHALL EXPLAIN ANY CHANGE FROM THE 18 PLAN OF THE BOARD.] The final plan shall set out boundaries of house and 19 senate districts and [REAPPORTIONMENT AND REDISTRICTING] shall be 20 effective for the election of members of the legislature until after the official reporting 21 of the next decennial census of the United States . 22 (b) Adoption of a final redistricting plan shall require the affirmative 23 votes of three members of the Redistricting Board. 24 * Sec. 9. Article VI, sec. 11, Constitution of the State of Alaska, is amended to read: 25 Section 11. Enforcement. Any qualified voter may apply to the superior 26 court to compel the Redistricting Board [GOVERNOR], by mandamus or otherwise, 27 to perform its [HIS REAPPORTIONMENT] duties under this article or to correct any 28 error in redistricting [OR REAPPORTIONMENT]. Application to compel the board 29 [THE GOVERNOR] to perform [HIS REAPPORTIONMENT DUTIES] must be filed 30 not later than [WITHIN] thirty days following [OF] the expiration of the ninety-day 31 period specified in [EXPIRATION OF EITHER OF THE TWO NINETY-DAY
01 PERIODS SPECIFIED IN] this article. Application to compel correction of any error 02 in redistricting [OR REAPPORTIONMENT] must be filed within thirty days following 03 the adoption of the final redistricting plan and proclamation by the board 04 [PROCLAMATION]. Original jurisdiction in these matters is [HEREBY] vested in 05 the superior court. On appeal from the superior court , the cause shall be reviewed 06 by the supreme court on [UPON] the law and the facts . Notwithstanding Section 15 07 of Article IV, all dispositions by the superior court and the supreme court under 08 this section shall be expedited and shall have priority over all other matters 09 pending before the respective court. Upon a final judicial decision that a plan is 10 invalid, the matter shall be returned to the board for correction and development 11 of a new plan . 12 * Sec. 10. Article XI, sec. 3, Constitution of the State of Alaska, is amended to read: 13 Section 3. Petition. After certification of the application, a petition containing 14 a summary of the subject matter shall be prepared by the lieutenant governor for 15 circulation by the sponsors. If signed by qualified voters, equal in number to ten per 16 cent of those who voted in the preceding general election and resident in at least two- 17 thirds of the house [ELECTION] districts of the State, it may be filed with the lieutenant 18 governor. 19 * Sec. 11. Article XV, Constitution of the State of Alaska, is amended by adding a new 20 section to read: 21 Section 29. Applicability of Amendments Providing for Redistricting of the 22 Legislature. The 1998 amendments relating to redistricting of the legislature (art. VI 23 and art. XIV) apply only to plans for redistricting and proclamations of redistricting 24 adopted on or after January 1, 2001. 25 * Sec. 12. Article VI, secs. 5 and 7, and Article XIV, Constitution of the State of Alaska, 26 are repealed. 27 * Sec. 13. The amendments proposed by this resolution shall be placed before the voters 28 of the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 29 State of Alaska, and the election laws of the state.