SJR 114

This constitutional amendment, proposed to the 2021 legislature, on first

consideration, creates a new procedure for the preparation of legislative and

congressional redistricting plans. The bill directs the Legislative Reference Bureau

to draw redistricting plans based upon standards specified in the amendment and

establishes a Redistricting Advisory Commission to perform certain tasks in the

redistricting process. Currently, under the state constitution, the legislature is

directed to redistrict legislative districts according to the number of inhabitants at

its next session following each federal decennial census. At the same intervals, the

legislature also reapportions congressional districts in this state pursuant to federal

law.

Under the amendment, the Redistricting Advisory Commission must be

created not later than February 15 of the first year following the federal decennial

census and terminates upon satisfying its duties, until a new Redistricting Advisory

Commission is created for the next round of legislative and congressional

redistricting. The commission consists of five members. The speaker and minority

leader of the assembly and the majority and minority leaders of the senate must each

appoint one person to serve on the commission. Within 30 days after the fourth

commission member is appointed, but not later than February 15 of the first year

following the federal decennial census, the four commission members so appointed

must select the fifth commission member, who serves as chairperson. The

amendment prohibits all of the following individuals from being commission

members: individuals who are not eligible electors of this state at the time of the

appointment, individuals who hold partisan public office or political party office, and

individuals who are a relative of or are employed by a member of the legislature or

of Congress or are employed directly by the legislature or Congress.

The amendment provides that the LRB must be strictly nonpartisan in

preparing redistricting plans. In addition, no district may be drawn for the purpose

of favoring a political party, incumbent legislator or member of Congress, or other

person or group, except to the extent necessary to comply with constitutional

requirements and the federal Voting Rights Act, or for the purpose of diluting the

voting strength of a language or racial minority group. Generally, in preparing the

plan the LRB may not use political affiliations of registered voters, previous election

results, or use residence addresses of incumbent legislators or members of Congress.

The amendment also provides that, if requested to do so by the LRB, the

Redistricting Advisory Commission must provide direction to the LRB concerning

any decision the LRB must make in preparing a redistricting plan for which there

is no clearly applicable guideline. The commission must oversee the work of LRB

employees engaged in preparing a redistricting plan and may enter into contracts for

hiring experts to assist in plan preparation. In addition, the commission must

conduct public hearings on a redistricting bill delivered by the LRB to the legislature