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