GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1989
H 1
Short Title: Independent Redistricting Comm. (Public)
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Sponsors: Representative Stam.
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Referred to: Judiciary.
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AN ACT TO ESTABLISH AN INDEPENDENT REDISTRICTING COMMISSION TO HANDLE REDISTRICTING MATTERS.
The General Assembly of North Carolina enacts:
Section 1. Section 3 of Article II of the Constitution of North Carolina reads as rewritten:
"Sec. 3. Senate districts; apportionment of Senators. The Senators shall be elected from districts.
The General Assembly,
Independent Redistricting Commission, at beginning upon the convening of the first regular
session convening after the return of every decennial census of population
taken by order of Congress, shall revise the senate districts and the
apportionment of Senators among those districts, subject to the following
requirements:
(1) Each Senator shall
represent, as nearly as may be, an equal number of inhabitants, the number
of inhabitants that each Senator represents being determined for this purpose
by dividing the population of the District that he represents by the number of
Senators apportioned to that districtand each District shall elect one
Senator;
(2) Each senate district shall at all times be compact and consist of contiguous territory;
(3) No county
shall be divided in the formation of a senate district;
(4) When established, the senate districts and the apportionment of Senators shall remain unaltered until the return of another decennial census of population taken by order of Congress."
Sec. 2. Section 5 of Article II of the Constitution of North Carolina reads as rewritten:
"Sec. 5. Representative districts; apportionment of Representatives.
The Representatives shall be elected from districts.
The General Assembly, Independent
Redistricting Commission, at beginning
upon the convening of the first regular session convening after the return
of every decennial census of population taken by order of Congress, shall
revise the representative districts and the apportionment of Representatives
among those districts, subject to the following requirements:
(1) Each Representative
shall represent, as nearly as may be, an equal number of inhabitants, the
number of inhabitants that each Representative represents being determined for
this purpose by dividing the population of the district that he represents by
the number of Representatives apportioned to that districtand each
District shall elect one Representative;
(2) Each representative district shall at all times be compact and consist of contiguous territory;
(3) No county
shall be divided in the formation of a representative district;
(4) When established, the representative districts and the apportionment of Representatives shall remain unaltered until the return of another decennial census of population taken by order of Congress."
Sec. 3. Article II of the Constitution of North Carolina is amended by adding a new section to read:
“Sec. 25. Independent Redistricting Commission.
(a) There is established the Independent Redistricting Commission, to consist of 11 persons appointed as follows:
(1) Three by the Chief Justice;
(2) Four by the Governor;
(3) Two by the Speaker of the House of Representatives;
(4) One by the President of the Senate; and
(5) One by the President Pro Tempore of the Senate.
(b) The Independent Redistricting Commission shall take office on the first day of July of each year ending in the number 0, (except that the initial Independent Redistricting Commission shall take office upon the certification of the returns of the election on the amendment to the Constitution approving this section) and shall exist until completion of all redistricting plans for the Senate, the House of Representatives, and the United States House of Representatives.
(c) To be eligible for appointment to the Independent Redistricting Commission, a person must be a resident of North Carolina, and have academic qualifications in demographics, statistics, mathematics, or computer science. No person may serve on the Commission who has held elective public office or been a candidate for elective public office, in the 10 years prior to commencement of service on the Independent Redistricting Commission. No person who has served as a member of the Independent Redistricting Commission shall be eligible to hold any elective public office for 10 years after termination of service on the Independent Redistricting Commission.
(d) The Independent Redistricting Commission shall be responsible for adopting, in accordance with Sections 3 and 5 of this Article, a plan for revising the senate districts and representative districts. Such plan shall have the force and effect of a bill passed by the General Assembly. The General Assembly shall have no jurisdiction to adopt any district plans under Sections 3 and 5 of this Article.
(e) The Independent Redistricting Commission shall be responsible for adopting a district plan for election of members of the House of Representatives of the Congress of the United States. The General Assembly shall have no jurisdiction to adopt any district plan for election of members of the House of Representatives of the United States.
(f) The Independent Redistricting Commission shall adopt district plans as required by subsections (d) and (e) of this section no later than August 1 of the year of the convening of the first regular session of the General Assembly after the return of the decennial census of population taken by order of Congress.
(g) The Independent Redistricting Commission may provide for a schedule of adoption of a district plan in the event that a plan it adopts is held invalid.
(h) In adoption of any plan under this section, the Independent Redistricting Commission shall take into consideration any requirements of the United States Constitution or Acts of Congress which may be relevant."
Sec. 4. The amendments set out in Sections 1 through 3 of this act shall be submitted to the qualified voters of the State at the general election in November 1990, which election shall be conducted under the laws then governing elections in the State. At that election, each qualified voter desiring to vote shall be provided a ballot on which shall be printed the following:
"[ ] FOR Constitutional amendments providing for an Electoral Commission to be responsible for redistricting of the General Assembly and the North Carolina representatives in Congress.
[ ] AGAINST Constitutional amendments providing for an Electoral Commission to be responsible for redistricting of the General Assembly and the North Carolina representatives in Congress."
Those qualified voters favoring the amendments set out in Sections 1 through 3 of this act shall vote by making an X or a check mark in the square beside the statement beginning "FOR", and those qualified voters opposed to those amendments shall vote by making an X or check mark in the square beside the statement beginning "AGAINST".
Notwithstanding the foregoing provisions of this section, voting machines may be used in accordance with rules and regulations prescribed by the State Board of Elections.
Sec. 5. If a majority of votes cast thereon are in favor of the amendments set out in Sections 1 through 3 of this act, the State Board of Elections shall certify the amendments to the Secretary of State, who shall enroll the amendments so certified among the permanent records of his office, and the amendments shall become effective upon such certification.
Sec. 6. This act is effective upon ratification.