2020 -- S 2077

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LC003638

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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J O I N T   R E S O L U T I O N

TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF

AMENDMENT TO THE CONSTITUTION - REDISTRICTING

     Introduced By: Senators Euer, Algiere, Valverde, Murray, and Lawson

     Date Introduced: January 21, 2020

     Referred To: Senate Judiciary

     RESOLVED, That a majority of members elected to each house of the general assembly

voting therefor, the following amendment to the Constitution of the state be proposed to the

qualified electors of the state in accordance with the provisions of Article XIV of the Constitution

for their approval and that it take the place of Article VII Sections 1 and 2, Article VIII Section 1

and that it also adds additional sections to Article VII, all of which are hereby amended, effective

January 1, 2021, to read as follows:

ARTICLE VII

OF THE HOUSE OF REPRESENTATIVES

      Section 1. Composition.

     There shall be one hundred (100) members of the house of representatives, provided,

however, that commencing in 2003 there shall be seventy-five (75) members of the house of

representatives. The house of representatives shall be constituted on the basis of population and

the representative districts shall be as nearly equal in population and as compact in territory as

possible. The general assembly shall, after any new census taken by authority of the United

States, reapportion the representation to conform to the Constitution of the state and the

Constitution of the United States.

     Section 2. Redistricting. In the year following the year in which the national census is

taken under the direction of congress at the beginning of each decade, the independent

redistricting commission described in Article VII, Section 3, shall adjust the boundary lines of the

congressional, senate and house of representatives districts (also known as "redistricting") in

conformance with the standards and processes set forth in Article VII, Section 3 of the

Constitution of the state.

     Section 3. Independent Redistricting Commission.

     (a) The independent redistricting commission shall be created no later than May 1, 2021

and January 1 in each year ending in the number one thereafter.

     (b) The commission shall:

     (1) Conduct an open and transparent process enabling full public consideration of and

comment on the drawing of district lines;

     (2) Draw district lines according to the redistricting criteria specified in this article; and

     (3) Conduct themselves with impartiality, integrity, and fairness.

Commission Selection

     (c)(1) The selection process is designed to produce a commission that is independent

from legislative influence and reasonably representative of the state’s diversity;

     (2) The commission shall consist of fifteen (15) members, as follows: five (5) who are

registered with the largest political party in Rhode Island based on registration; five (5) who are

registered with the second largest political party in Rhode Island based on registration; and five

(5) who are not registered with either of the two (2) largest political parties in Rhode Island based

on registration.

     (3) The secretary of state shall develop and administer an application for appointment to

the commission. This process must promote a diverse and qualified applicant pool. The secretary

of state shall screen all applicants and remove any applicants who do not meet the qualifications

in subsections (c)(4) and (c)(5) of this section.

     (4) Each commission member shall be registered to vote. Each commission member shall

either have voted in two (2) of the last three (3) statewide general elections immediately

preceding their application or have been a resident of Rhode Island for three (3) years

immediately preceding their application.

     (5) No member of the commission or any person within his or her family, or any

household member shall hold elective or appointed public office at the federal, state, or municipal

level in this state. No member of the commission or any person within his or her family, or any

household member shall have served as paid staff for, or as a paid consultant to congress, the

general assembly, or any individual legislature, or a political party, or have been registered as a

federal, state, or local lobbyist in the state for five (5) years leading up to appointment on the

commission.

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     (6) After removing applicants with conflicts of interest from the applicant pool, the

secretary of state shall divide the applicant pool into three (3) sub-pools and randomly select six

(6) applicants as follows:

     (i) Two (2) applicants registered with the largest political party by registration;

     (ii) Two (2) applicants registered with the second largest political party by registration;

     (iii) Two (2) applicants who are registered with neither of the two (2) largest political

parties by registration.

     (7) The six (6) commissioners selected under subsections (c)(3) through (c)(6) of this

section shall review the remaining names in each sub-pool and shall, without the use of specific

ratios or formulas, select additional commissioners who possess the most relevant analytical

skills, have the ability to be impartial and promote consensus on the commission, and

demonstrate an appreciation for and are reasonably reflective of the diversity of the state,

including, but not limited to, racial, ethnic, geographic, and gender diversity. The selection shall

occur as follows:

     (i) Three (3) applicants registered with the largest political party by registration;

     (ii) Three (3) applicants registered with the second largest political party by registration;

     (iii)Three (3) applicants registered with neither of the two (2) largest parties by

registration.

     (8) Approval of the nine (9) additional commissioners requires four (4) affirmative votes

of the six (6) initial commissioners, including at least one vote cast by a commissioner registered

with the largest political party, one vote cast by a commissioner registered with the second largest

political party, and one vote cast by a commissioner registered with neither of the two (2) largest

political parties in the state.

     (9) The term of office of each member of the commission expires upon the appointment

of the first member of the succeeding commission.

     (10) Eight (8) members of the commission shall constitute a quorum provided at least one

member of the largest political party in the state, one member of the second largest party in the

state, and one member who is not affiliated with either of the two (2) largest parties in the state

are present. Eight (8) or more affirmative votes shall be required for any official action. The final

redistricting maps must be approved by eight (8) affirmative votes, including at least one vote

from a commissioner registered in each of the two (2) largest political parties and one vote from a

commissioner not registered in either of the two (2) largest parties.

     (11) Each commission member shall apply this article in a manner that is impartial and

that reinforces public confidence in the integrity of the redistricting process. A commission

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member or any person within his or her family, or any household member, shall be ineligible for

a period of five (5) years beginning from the termination of their appointment, to hold elective or

appointed public office at the federal, state, or municipal level in this state. A member of the

commission or any person within his or her family, or any household member, shall be ineligible

for a period of three (3) years beginning from the date of termination of their appointment to

serve as paid staff for, or as a paid consultant to congress, the general assembly, or any individual

legislator, or to register as a federal, state, or local lobbyist in the state.

     (12) The general assembly shall appropriate the funds necessary to permit the

commission to fulfill the commission’s obligations. In 2021, this appropriation shall not be less

than the appropriation for the most recent redistricting process. In all future redistricting cycles,

the appropriation may not be less than the amount appropriated in the previous redistricting cycle.

     (13) The commission shall be solely responsible for hiring all necessary staff and

consultants. No staff or consultant may be hired that, within the previous five (5) years, shall have

held elective or appointed public office at the federal, state, or municipal level in this state, have

served as paid staff for, or as a paid consultant to congress, the general assembly, or any

individual legislator, or a political party, or have been registered as a federal, state, or local

lobbyist in the state.

Criteria

     (d) The commission shall establish single-member districts for the congress, senate and

house of representatives pursuant to a mapping process using the following criteria as set forth in

the following order of priority:

     (1) Districts shall comply with the United States Constitution; congressional districts

shall achieve population equality as nearly as is practicable; and senate and house districts shall

achieve population equality as nearly as is practicable with other districts for the same office,

except where deviation is required to comply with the federal Voting Rights Act, 52 U.S.C. §

10301 or its successor law. Population equality shall be determined using the total population

from the most recent decennial census;

     (2) Districts shall comply with federal Voting Rights Act, 52 U.S.C. § 10301 or its

successor law. Districts shall provide racial and language minorities with an equal opportunity to

participate in the political process and shall not dilute or diminish their ability to elect candidates

of choice whether alone or in coalition with others;

     (3) Districts shall be geographically contiguous;

     (4) Partisan fairness shall be maximized to the extent possible without conflicting with

the above criteria. Partisan fairness means that parties and non-affiliated voters must substantially

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and similarly be able to translate their popular support into representation in an elected body;

     (5) The geographic integrity of any city, town, village, local neighborhood, or community

of interest shall be respected in a manner that minimizes their division to the extent possible

without violating the requirements of any of the preceding subsections. A community of interest

is a contiguous population which shares common social and economic interests that should be

included within a single district for purposes of effective and fair representation. Examples of

such shared interests are those common to an urban area, a rural area, an industrial area, or an

agricultural area, and those common to areas in which the people share similar living standards,

use the same transportation facilities, have similar work opportunities, or have access to the same

media of communication relevant to the election process. Communities of interest shall not

include relationships with political parties, incumbents, or political candidates; and

     (6) To the extent practicable, and where this does not conflict with the criteria stated

above, districts shall be drawn to encourage geographical compactness such that nearby areas of

population are not bypassed for more distant populations.

     (e) The place of residence of any incumbent or political candidate shall not be considered

in the creation of a map. Districts shall not be drawn for the purpose of favoring or discriminating

against an incumbent, political candidate, or political party. Districts shall not be drawn for the

purpose or with the effect of diluting the voting strength of any language or ethnic identity group.

     (f) The commission shall hold at least five (5) public hearings prior to proposing a

redistricting plan and at least five (5) public hearings after proposing a redistricting plan, at

locations throughout the state prior to proposing a redistricting plan, including at least one

hearing in each county. If the commission makes more than de minimis changes to any proposed

redistricting plan prior to submission of the final plan, such changes must be publicly available

for a minimum of three (3) days, and public comment on the changes must be solicited.

     (1) The commission shall provide at least seven (7) days' public notice for each meeting

or hearing.

     (2) The records of the commission pertaining to redistricting and all data considered by

the commission in redistricting are public records and the commission shall make records and

data available in a manner that ensures immediate and widespread public access. No ex parte

communications between members of the commission and individuals who are not staff of,

consultants to, or members of the commission shall be permitted. No more than three (3)

commissioners may discuss the business of the commission other than in a public meeting.

Approval of Maps

     (g) By January 1, 2022, and in the year ending in the number two (2) thereafter, the

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commission shall approve three (3) final maps that separately set forth the district boundary lines

for the congressional, senatorial, and house districts. Upon approval, the commission shall certify

the three (3) final maps to the secretary of state.

     (h) The commission shall issue, with each of the three (3) final maps, a report that

explains the basis on which the commission made its decisions in achieving compliance with the

criteria listed in Article VII, Section 3(d) and shall include definitions of the terms and standards

used in drawing each final map.

     (i) If the commission does not approve a final map by at least the requisite votes, the

secretary of state shall immediately petition the Rhode Island supreme court for an order directing

the appointment of a special master to adjust the boundary lines of that map in accordance with

the redistricting criteria and requirements set forth in subsections (d), (e), and (f) of this section.

Upon approval of the master's map, the court shall certify the resulting map to the secretary of

state, which map shall constitute the certified final map.

     Section 4. Appeals.

     (a) The commission has the sole legal standing to defend any action regarding a certified

final map and shall inform the general assembly if it determines that funds or other resources

provided for the operation of the commission are inadequate. The general assembly shall provide

adequate funding to defend any action regarding a certified map. The commission has sole

authority to determine whether the attorney general or other local counsel retained by the

commission shall assist in the defense of a certified final map.

     (1) The Rhode Island supreme court has original and exclusive jurisdiction in all

proceedings in which a certified final map is challenged or is claimed not to have taken timely

effect.

     (2) Any registered voter in this state may file a petition for a writ of mandamus or writ of

prohibition, within forty-five (45) days after the commission has certified a final map to the

secretary of state, to bar the secretary of state from implementing the plan on the grounds that the

plan violates the Constitution of the state, the United States Constitution, or any federal or state

statute, notwithstanding Article 1, Section VI, Clause I of the United States Constitution.

     (3) The Rhode Island supreme court shall give priority to ruling on a petition for a writ of

mandamus or a writ of prohibition filed pursuant to Article VII, Section 4(a)(2). If the court

determines that a final certified map violates this Constitution, the United States Constitution, or

any federal or state statute, the court shall fashion the relief that it deems appropriate, including,

but not limited to, the relief set forth in Article VII, Section 3(i).

     (4) The provisions of this amendment shall supersede any section of this Constitution

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with which the provision may conflict. If any provision of this amendment is held to be invalid,

the court shall sever the provision and the remaining provisions shall remain in full force and

effect.

     Section 2 5. Officers — Presiding member during organization.

      The house of representatives shall have authority to elect its speaker, clerks, and other

officers. The senior member from the City of Newport, if any be present, shall preside in the

organization of the house.

ARTICLE VIII

OF THE SENATE

      Section 1. Composition.

     The senate shall consist of the lieutenant governor and fifty (50) members from the

senatorial districts in the state, provided, however, that commencing in 2003 the senate shall

consist of thirty-eight (38) members from the senatorial districts in the state. The senate shall be

constituted according to the process described in Article VII, Sections 2 through 4 on the basis of

population and the senatorial districts shall be as nearly equal in population and as compact in

territory as possible. The general assembly shall, after any new census taken by authority of the

United States, reapportion the representation to conform to the Constitution of the state and the

Constitution of the United States.

     Section 2. Lieutenant governor to be presiding officer until 2003.

     The lieutenant governor shall preside in the senate and in grand committee until 2003.

Commencing in 2003, the senate shall elect its president, who shall preside in the senate and in

grand committee, as well as its secretary and other officers from among its members and shall

elect its clerks. The senior member from the city of Newport, if any be present, shall preside in

the organization of the senate.

      RESOLVED, That this proposition of amendment shall take, in the Constitution of the

state, the place of Section 1 and Section 2 of Article VII, and Section 1, in Article VIII, of the

Constitution, effective January 1, 2021; and be it further

     RESOLVED, That the said proposition of amendment shall be submitted to the electors

for their approval or rejection at the next statewide general election. The voting places in the

several cities and towns shall be kept open during the hours required by law for voting therein for

general officers of the state; and be it further

     RESOLVED, That the Secretary of State shall cause the said proposition of amendment

to be published as part of the resolution in the newspapers of the state prior to the date of the said

meetings of the said electors; and the said proposition shall be inserted in the warrants or notices

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to be issued previous to said meetings of the electors for the purpose of warning the town, ward,

or district meetings, and said proposition shall be read by the town, ward, or district meetings to

be held as aforesaid; and be it further

     RESOLVED, That the town, ward, and district meetings be held as aforesaid shall be

warned, and the list of voters shall be canvassed and made up, and the said town, ward, and

district meetings shall be conducted in the same manner as now provided by law for the town,

ward, and district meetings for the elections of the general officers of the state.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

J O I N T   R E S O L U T I O N

TO APPROVE AND PUBLISH AND SUBMIT TO THE ELECTORS A PROPOSITION OF

AMENDMENT TO THE CONSTITUTION - REDISTRICTING

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     This proposed constitution amendment, if adopted, would adopt a specific constitutional

procedure, including an independent redistricting commission, for redistricting.

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