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HJR005....................................................by WAYS AND MEANS
REAPPORTIONMENT - Proposing an amendment to the Constitution of the State
of Idaho to provide that the Legislature may provide by statute a method to
ensure that the reapportionment process is completed in a time and manner
that will allow elections to occur as required by law.
03/15 House intro - 1st rdg - to printing
Rpt prt - to W/M
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE JOINT RESOLUTION NO. 5
BY WAYS AND MEANS COMMITTEE
1 A JOINT RESOLUTION
2 PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III, OF THE CONSTITUTION OF THE
3 STATE OF IDAHO, TO PROVIDE THAT THE LEGISLATURE MAY PROVIDE BY STATUTE A
4 METHOD TO ENSURE THAT THE REAPPORTIONMENT PROCESS IS COMPLETED IN A TIME
5 AND MANNER THAT WILL ALLOW ELECTIONS TO OCCUR AS REQUIRED BY LAW; STATING
6 THE QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE
7 COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SEC-
8 RETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.
9 Be It Resolved by the Legislature of the State of Idaho:
10 SECTION 1. That Section 2, Article III, of the Constitution of the State
11 of Idaho be amended to read as follows:
12 SECTION 2. MEMBERSHIP OF HOUSE AND SENATE. (1) Following the
13 decennial census of 1990 and in each legislature thereafter, the sen-
14 ate shall consist of not less than thirty nor more than thirty-five
15 members. The legislature may fix the number of members of the house
16 of representatives at not more than two times as many representatives
17 as there are senators. The senators and representatives shall be
18 chosen by the electors of the respective counties or districts into
19 which the state may, from time to time, be divided by law.
20 (2) Whenever there is reason to reapportion the legislature or
21 to provide for new congressional district boundaries in the state, or
22 both, because of a new federal census or because of a decision of a
23 court of competent jurisdiction, a commission for reapportionment
24 shall be formed on order of the secretary of state. The commission
25 shall be composed of six members. The leaders of the two largest
26 political parties of each house of the legislature shall each desig-
27 nate one member and the state chairmen of the two largest political
28 parties, determined by the vote cast for governor in the last guber-
29 natorial election, shall each designate one member. In the event any
30 appointing authority does not select the members within fifteen cal-
31 endar days following the secretary of state's order to form the com-
32 mission, such members shall be appointed by the Supreme Court. No
33 member of the commission may be an elected or appointed official in
34 the state of Idaho at the time of designation or selection.
35 (3) The legislature shall enact laws providing for the imple-
36 mentation of the provisions of this section, including terms of com-
37 mission members, the method of filling vacancies on the commission,
38 additional qualifications for commissioners and additional standards
39 to govern the commission. The legislature may provide by statute a
40 method to ensure that the reapportionment process is completed in a
41 time and manner that will allow elections to occur as required by
42 law. The legislature shall appropriate funds to enable the commission
43 to carry out its duties.
2
1 (4) Within ninety days after the commission has been organized
2 or the necessary census data are available, whichever is later, the
3 commission shall file a proposed plan for apportioning the senate and
4 house of representatives of the legislature with the office of the
5 secretary of state. At the same time, and with the same effect, the
6 commission shall prepare and file a plan for congressional districts.
7 Any final action of the commission on a proposed plan shall be
8 approved by a vote of two-thirds of the members of the commission.
9 All deliberations of the commission shall be open to the public.
10 (5) The legislative districts created by the commission shall
11 be in effect for all elections held after the plan is filed and until
12 a new plan is required and filed, unless amended by court order. The
13 Supreme Court shall have original jurisdiction over actions involving
14 challenges to legislative apportionment.
15 (6) A member of the commission shall be precluded from serving
16 in either house of the legislature for five years following such
17 member's service on the commission.
18 SECTION 2. The question to be submitted to the electors of the State of
19 Idaho at the next general election shall be as follows:
20 "Shall Section 2, Article III, of the Constitution of the State of Idaho
21 be amended to provide that the Legislature may provide by statute a method to
22 ensure that the reapportionment process is completed in a time and manner that
23 will allow elections to occur as required by law?".
24 SECTION 3. The Legislative Council is directed to prepare the statements
25 required by Section 67-453, Idaho Code, and file the same.
26 SECTION 4. The Secretary of State is hereby directed to publish this pro-
27 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE
RS 12227
Idaho s experience with a commission for legislative
reapportionment has been one of difficulties. The commission has
not only failed to remove political considerations from the
reapportionment process, but has also failed to produce a
constitutional plan in a timely manner. This constitutional
amendment clarifies the authority of the state legislature to
ensure that elections will be held in a timely manner.
FISCAL IMPACT
There will probably be an indeterminate savings. The
legislature may spend added time considering such measures,
however, the time spent on reapportionment by the commission
will be shortened which should offset the extra legislative
time.
Contact
Name: Rep. Cameron Wheeler
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE HJR 5