Democratic Party Asks Gov. Huntsman To Permit Legislative Debate on Redistricting Process
Tuesday, November 28, 2006
NEWS release
For
Immediate Release
Date:
November 28, 2006
Democratic Party
Asks Gov. Huntsman
To Permit
Legislative Debate on Redistricting
Process
The Democratic Party agrees with Governor Huntsman that it is imperative that we come together and to gain a much needed and deserved fourth seat. In order for that to happen, Utah Democrats respectfully request that the Governor include on the Special Session Call the ability to modify the redistricting process.
Support of the Democratic Party for any
map devised by the current process is
contingent upon adopting standards for future
redistricting to protect voters and community
interests. Our clear preference is for an
independent redistricting commission as
presented by Rep. Roz McGee in 2005 HJR14 (see
attached). An unbalanced committee doing the
job is just wrong. The majority need do nothing
to build consensus. It is time for the
legislature to take up this important debate
and commit to changing this process that fails
to serve the people of
The
current system for redistricting in
Those traditional redistricting standards that we support include: redistricting once per decade after the decennial census, one person - one vote, utilize the most recent census data, districts that are contiguous and compact, do not retrogress the position of racial minorities, preserve communities of interest, respect political subdivisions, respect geographical boundaries, preserve the core of existing districts, minimize voter disruption, and respect voters choices as expressed in previous elections. Any map worthy of support, even from the current system, must meet these standards.
There should also be some criteria
developed to protect racial minority
populations consistent with the spirit of
the Voting
Rights Act. For example, there might be rules
against packing or fracturing communities that
have a high proportion of racial minorities. Or
a rule to ensure that there is no retrogression
in the ability of racial minorities to
participate in the process and in electing
representatives of their choice consistent with
Beer v.
Another important criterion would be to minimize the disruption of current districts by preserving the cores of districts and protecting the historical continuity of voters with their districts and their chosen representatives. This protection of voters and their choices is critical to keep a process whereby the voters choose their representatives instead of representatives choosing their voters.
And, finally, there should be a standard
about impermissible considerations. For
instance, there could be a rule that districts
shall be created so as to not to unduly favor
or discriminate against any person or political
party.
The current redistricting process reduces the ability of voters to hold elected officials accountable and prevents "free trade" in the marketplace of ideas. Voters ought to choose their representatives instead of representatives choosing their voters. The political party in power should remain in power after elections if that's what the people want. But that outcome should not be pre-determined because of the process by which district boundaries are drawn. Let's have a balanced process in the drawing of district boundaries.
# # #
PROPOSED LEGISLATION ON
REDISTRICTING:
1
RESOLUTION ESTABLISHING
2 REDISTRICTING COMMISSION
3 2005
GENERAL SESSION
4 STATE
OF
5 Sponsor: Rosalind J. McGee
6
28
of the two houses voting in favor
thereof:
59
(4) A person who
serves as a member of the commission may not
seek election to
or Legislative
Review Note Fiscal Note HJR014
- Resolution Establishing Redistricting
Commission State
Impact: Funding
Source FY
2006 FY
2007 FY
2006 FY
2007 General Fund $0 $11,500 $0 $0 Total $0 $11,500 $0 $0 Individual and Business
Impact:
7 LONG
TITLE
8 General
Description:
9
This joint resolution
proposes to amend the Utah Constitution to
establish a
state
10 redistricting
commission.
11 Highlighted
Provisions:
12
This resolution
proposes to amend the Utah Constitution
to:
13
. eliminate
the Legislature's authority to divide the state
into districts following
the
14 federal enumeration
and to establish a state redistricting
commission to do
so;
15
. provide
for membership on the commission and establish
qualifications
for
16 commission
members;
17
. restrict
commission members from running for or holding
certain
offices;
18
. provide
redistricting criteria;
and
19
. provide
for the regulation of commission
proceedings.
20 Special
Clauses:
21
This resolution directs
the lieutenant governor to submit this proposal
to
voters.
22
This resolution
provides a contingent effective date of January
1, 2007 for this
proposal.
23
24
AMENDS:
25
ARTICLE IX, SECTION
1
26
27 Be it resolved
by the Legislature of the state of
29
Section 1. It is
proposed to amend Utah Constitution Article IX,
Section 1, to
read:
30
Article IX, Section
1.
[Apportionment.]
31
[At the session next
following an enumeration made by the authority
of the
United
32 States, the
Legislature
shall]
33
(1) There shall
be a State redistricting commission that
shall divide the State
into
34 congressional,
legislative, and other districts
[accordingly.] according to the
decennial
35 enumeration
made by the authority of the United
States.
36
(2) (a) The
commission
shall:
37
(i) consist of
nine members, appointed as provided in
Subsection (2)(b);
and
38
(ii) be
reconstituted in connection with each decennial
enumeration.
39
(b) (i) On or
before January 31 of the year following the
decennial
enumeration:
40
(A) two members
shall be appointed by the president of the
Senate;
41
(B) two members
shall be appointed by the speaker of the House
of
Representatives;
42
(C) two members
shall be appointed by the leader of the
minority party in the
Senate;
43
and
44
(D) two members
shall be appointed by the leader of the
minority party in the House
of
45
Representatives.
46
(ii) (A) The four
members appointed under Subsections
(2)(b)(i)(A) and (B)
shall
47 select one
among them to be a vice chair of the
commission.
48
(B) The four
members appointed under Subsections
(2)(b)(i)(C) and (D) shall
select
49 one among
them to be a vice chair of the
commission.
50
(C) The two vice
chairs selected under Subsections (2)(b)(ii)(A)
and (B) shall appoint
a
51 ninth member
of the commission who shall be chair of the
commission.
52
(3) (a) At the
time of appointment, each commission member
shall:
53
(i) be a citizen
of the United
States;
54
(ii) be at least
25 years of age;
and
55
(iii) have been a
resident of the State for three consecutive
years immediately
before
56
appointment.
57
(b) A person who
holds an elected or appointed public office may
not be appointed
to
58 or serve on
the commission.
60 hold any of
the offices identified in Subsection (1) until
after the completion of the
second
61 election for
that office following the adoption of a
redistricting plan by the commission
of
62 which the
person was a
member.
63
(5) In dividing
the State into districts under Subsection (1),
the commission
shall:
64
(a)
consider:
65
(i) the
preservation of communities of common
interest;
66
(ii) natural and
geographic boundaries;
and
67
(iii) existing
political boundaries;
and
68
(b) make each
district contiguous and reasonably
compact.
69
(6) The
commission shall complete the process of
dividing the State into
districts
70 within 120
days after both the decennial enumeration data
are available to the public and
the
71 commission is
constituted under Subsection
(2).
72
(7) (a) The
commission may formulate and adopt rules, not
inconsistent with
this
73 article, to
govern its
proceedings.
74
(b) Five members
of the redistricting commission constitute a
quorum for the
purpose
75 of adopting a
redistricting plan, but public hearings may be
held by the commission with
less
76 than a
quorum.
77
(c) Adoption of a
redistricting plan requires the affirmative
vote of at least
five
78 members of
the
commission.
79
Section 2. Submittal
to
voters.
80
The lieutenant
governor is directed to submit this proposed
amendment to the voters
of
81 the state at
the next regular general election in the manner
provided by
law.
82
Section 3. Effective
date.
83
If the amendment
proposed by this joint resolution is approved
by a majority of those
84 voting on it
at the next regular general election, the
amendment shall take effect on January
1,
85
2007.
as of
2-1-05 6:31 AM
Based on a limited legal
review, this legislation has not been
determined to have a high
probability of
being held unconstitutional.
It is estimated that
publication and distribution costs to put this
resolution on the ballot will be $11,500 from
the General Fund.
Approp.
Approp.
Revenue
Revenue
No fiscal
impact.