00 CS 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.