March 2, 2010, Introduced by Reps. Walsh, Crawford, Horn, Bledsoe, McMillin, Agema, Denby, Opsommer and Ball and referred to the Committee on Judiciary.
A bill to amend 1996 PA 463, entitled
"An act to establish guidelines for the decennial adoption of
redistricting plans for the senate and house of representatives; to
provide original jurisdiction to the supreme court to review
redistricting plans enacted by the legislature for compliance with
those guidelines; and to provide a procedure for the supreme court
to use to redistrict the senate and house of representatives under
certain circumstances,"
by amending the title and sections 1, 2, 3, 4, and 5 (MCL 4.261,
4.262, 4.263, 4.264, and 4.265), section 2 as amended by 1999 PA
223, and by adding section 6; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to establish guidelines for the decennial adoption of
redistricting plans for congress and the senate and house of
representatives; to provide original jurisdiction to the supreme
court to review redistricting plans enacted by the legislature for
compliance
with those guidelines; and to provide a procedure for
the supreme court to use to redistrict the senate and house of
representatives under certain circumstances; and to repeal acts and
parts of acts.
Sec.
1. (1) By November 1, 2001, and every 10 years
thereafter,
the legislature shall enact a redistricting plan for
the
senate and house of representatives. Beginning with the 2010
federal decennial census, and after the official total population
count of each federal decennial census of this state and its
political subdivisions is available, the legislative service bureau
shall proceed to district and apportion the senate and house of
representatives. Not later than May 15, 2011 and every 10 years
thereafter, the legislative service bureau shall prepare a
congressional districting plan and a legislative apportionment and
districting plan and shall deliver those plans to the secretary of
the senate and the clerk of the house of representatives which
shall be introduced in bill form. A congressional districting plan
and a legislative apportionment and districting plan shall be voted
upon in the house of representatives within 7 calendar days of
receipt. If either plan is approved by a majority of the members
elected to and serving in the house of representatives, the plan
shall be transmitted within 1 calendar day and be voted upon in the
senate within 7 calendar days of receipt. A congressional
districting plan or a legislative apportionment and districting
plan is not subject to amendment other than amendments of a
technical nature.
(2) If a congressional districting plan or a legislative
apportionment and districting plan prepared by the legislative
service bureau is not approved by a majority of the members elected
to and serving in either the senate or the house of
representatives, the senate or the house of representatives shall
pass a resolution providing information to the legislative service
bureau indicating why the plan was not approved. The legislative
service bureau shall prepare a second congressional districting
plan or legislative apportionment and districting plan. The second
congressional districting plan or legislative apportionment and
districting plan shall be delivered to the secretary of the senate
and the clerk of the house of representatives not later than 14
calendar days after the date of the vote by which the senate or
house of representatives failed to approve the first plan. The
second congressional districting plan or legislative apportionment
and districting plan shall be voted upon in the same manner
prescribed for the first plan.
(3) If the second congressional districting plan or
legislative apportionment and districting plan prepared by the
legislative service bureau is not approved by a majority of the
members elected to and serving in either the senate or the house of
representatives, the senate or the house of representatives shall
pass a resolution providing information to the legislative service
bureau indicating why the second plan was not approved. The
legislative service bureau shall prepare a third congressional
districting plan or legislative apportionment and districting plan.
The third congressional districting plan or legislative
apportionment and districting plan shall be delivered to the
secretary of the senate and the clerk of the house of
representatives not later than 14 calendar days after the date of
the vote by which the senate or house of representatives failed to
approve the second plan. The third congressional districting plan
or legislative apportionment and districting plan shall be voted
upon in the same manner prescribed for the first plan. The senate
or the house of representatives may amend the third congressional
districting plan or legislative apportionment and districting plan
subject to the requirements of subsections (4) and (5). The senate
and house of representatives shall approve a congressional
districting plan or legislative apportionment and districting plan
by July 31 immediately following the deadline established in
subsection (1). Once a congressional districting plan or
legislative apportionment and districting plan is enacted, that
plan shall not be amended until the next federal decennial census.
(4) Except as otherwise required by federal law for
legislative
districts in this state, the redistricting plan
legislative service bureau, or legislature on a third apportionment
and
redistricting plan under subsection (3), shall
be enacted
prepare the legislative apportionment and districting plan using
only the following guidelines:
(a) The senate districts shall consist of 38 single-member
districts.
(b) The house of representatives districts shall consist of
110 single-member districts.
(c) Senate and house of representatives districts shall be
areas of convenient territory contiguous by land. Areas that meet
only at the points of adjoining corners are not contiguous.
(d) Senate and house of representatives districts shall have a
population not exceeding 105% and not less than 95% of the ideal
district size for the senate or the house of representatives unless
and until the United States supreme court establishes a different
range of allowable population divergence for state legislative
districts.
(e) Senate and house of representatives district lines shall
preserve county lines with the least cost to the principle of
equality of population provided for in subdivision (d).
(f) If it is necessary to break county lines to stay within
the range of allowable population divergence provided for in
subdivision (d), the fewest whole cities or whole townships
necessary shall be shifted. Between 2 cities or townships, both of
which will bring the districts into compliance with subdivisions
(d) and (h), the city or township with the lesser population shall
be shifted.
(g) Within those counties to which there is apportioned more
than 1 senate district or house of representatives district,
district lines shall be drawn on city and township lines with the
least cost to the principle of equality of population between
election districts consistent with the maximum preservation of city
and township lines and without exceeding the range of allowable
divergence provided for in subdivision (d).
(h) If it is necessary to break city or township lines to stay
within the range of allowable divergence provided for in
subdivision (d), the number of people necessary to achieve
population equality shall be shifted between the 2 districts
affected by the shift, except that in lieu of absolute equality the
lines may be drawn along the closest street or comparable boundary.
(i) Within a city or township to which there is apportioned
more than 1 senate district or house of representatives district,
district lines shall be drawn to achieve the maximum compactness
possible within a population range of 98% to 102% of absolute
equality between districts within that city or township.
(j) Compactness shall be determined by circumscribing each
district within a circle of minimum radius and measuring the area,
not part of the Great Lakes and not part of another state, inside
the circle but not inside the district.
(k) If a discontiguous township island exists within an
incorporated city or discontiguous portions of townships are split
by an incorporated city, the splitting of the township shall not be
considered a split if any of the following circumstances exist:
(i) The city must be split to stay within the range of
allowable divergence provided for in subdivision (d) and it is
practicable to keep the township together within 1 district.
(ii) A township island is contained within a whole city and a
split of the city would be required to keep the township intact.
(iii) The discontiguous portion of a township cannot be included
in the same district with another portion of the same township
without creating a noncontiguous district.
(l) Senate and house districts shall not violate the
precedents
established
in Miller v Johnson, 115 S Ct 2475; 132 L Ed 2d 762
(1995);
Bush v Vera, 116 S Ct 1941; 135 L Ed 2d 248 (1996); and,
Shaw v Hunt,
116 S Ct 1894; 135 L Ed 2d 207 (1996) section 2 of
title I of the voting rights act of 1965, 42 USC 1973.
(m) The legislative service bureau or legislature shall not
draw a district for the purpose of favoring a political party,
incumbent legislator, or other person or group, or for the purpose
of augmenting or diluting the voting strength of a language or
racial minority group. The legislative service bureau or
legislature shall not use or consider voting history data, past
election results, or incumbent addresses during the preparation or
adoption of the apportionment and districting plan.
(5) Except as otherwise required by federal law for
congressional districts in this state, the legislative service
bureau, or legislature on a third apportionment and redistricting
plan under subsection (3), shall prepare the congressional
districting plan using only these guidelines in the following order
of priority:
(a) The constitutional guideline is that each congressional
district shall achieve precise mathematical equality of population
in each district.
(b) The federal statutory guidelines in no order of priority
are as follows:
(i) Each congressional district shall be entitled to elect a
single member.
(ii) Each congressional district shall not violate section 2 of
title I of the voting rights act of 1965, 42 USC 1973.
(c) The secondary guidelines in order of priority are as
follows:
(i) Each congressional district shall consist of areas of
convenient territory contiguous by land. Areas that meet only at
points of adjoining corners are not contiguous.
(ii) Congressional district lines shall break as few county
boundaries as is reasonably possible.
(iii) If it is necessary to break county lines to achieve
equality of population between congressional districts as provided
in subdivision (a), the number of people necessary to achieve
population equality shall be shifted between the 2 districts
affected by the shift.
(iv) Congressional district lines shall break as few city and
township boundaries as is reasonably possible.
(v) If it is necessary to break city or township lines to
achieve equality of population between congressional districts as
provided in subdivision (a), the number of people necessary to
achieve population equality shall be shifted between the 2
districts affected by the shift.
(vi) Within a city or township to which there is apportioned
more than 1 congressional district, district lines shall be drawn
to achieve the maximum compactness possible.
(vii) Compactness shall be determined by circumscribing each
district within a circle of minimum radius and measuring the area,
not part of the Great Lakes and not part of another state, inside
the circle but not inside the district.
(viii) If a discontiguous township island exists within an
incorporated city or discontiguous portions of townships are split
by an incorporated city, the splitting of the township shall not be
considered a split if any of the following circumstances exist:
(A) The city must be split to achieve equality of population
between congressional districts as provided in subdivision (a) and
it is practicable to keep the township together within 1 district.
(B) A township island is contained within a whole city and a
split of the city would be required to keep the township intact.
(C) The discontiguous portion of a township cannot be included
in the same district with another portion of the same township
without creating a noncontiguous district.
(ix) Each congressional district shall be numbered in a regular
series, beginning with congressional district 1 in the northwest
corner of the state and ending with the highest numbered district
in the southeast corner of the state.
(d) The legislative service bureau or legislature shall not
draw a district for the purpose of favoring a political party,
incumbent legislator, or other person or group, or for the purpose
of augmenting or diluting the voting strength of a language or
racial minority group. The legislative service bureau or
legislature shall not use or consider voting history data, past
election results, or incumbent addresses during the preparation or
adoption of the apportionment and districting plan.
Sec. 2. (1) The supreme court shall have original and
exclusive state jurisdiction to hear and decide all cases or
controversies in Michigan's 1 court of justice involving a
redistricting plan under this act. A case or controversy in
Michigan's 1 court of justice involving a redistricting plan under
this act shall not be commenced in or heard by the state court of
appeals or any state trial court.
(2)
If a case or controversy involves a legislative
redistricting plan but an application or petition for review has
not been filed under subsection (3) or section 3, the supreme court
may, but is not required to, undertake all or a portion of the
procedures described in section 4.
(3) Upon the application of an elector filed not later than 60
days after the adoption of the enactment of a redistricting plan,
the supreme court, exercising original state jurisdiction provided
under section 6 of article IV of the state constitution of 1963,
may review any plan enacted by the legislature, and may modify that
plan or remand that plan to a special master for further action if
the plan fails to comply with section 1 or 1a.
Sec. 3. Unless legislation enacting a redistricting plan for
congress and the house of representatives and senate is approved on
or before the deadline established in section 1, a political party,
the speaker of the house of representatives, the minority leader of
the house of representatives, the majority leader of the senate, or
the
minority leader of the senate may file, on or after November 2
August 1 immediately following the deadline established in section
1, a petition or other pleadings or papers with the supreme court
requesting that the supreme court prepare a redistricting plan for
congress or the senate and house of representatives in compliance
with the redistricting guidelines set in section 1.
Sec. 4. If a petition for review is filed in the supreme court
under section 2 or 3, the supreme court shall do all of the
following:
(a) Exercising original jurisdiction provided under section 6
of article IV of the state constitution of 1963, or other
jurisdiction pursuant to Michigan court rule 7.301(A)(7) or any
successor court rule, undertake the preparation of a redistricting
plan for congress or the house of representatives and the senate.
(b) Appoint and utilize a special master or masters as the
court considers necessary.
(c) Provide, by order, for the submission of proposed
redistricting plans by political parties and other interested
persons who have been allowed to intervene. Political parties shall
be granted intervention as of right.
(d) After hearing oral argument or appointing special masters,
propose 1 plan for the consideration of the parties and the public,
and make that plan available for public inspection at least 30 days
in advance of the time set for hearing in subdivision (f).
(e) Prescribe, by order or otherwise, the procedure for and
the deadlines pertaining to filing objections and rebuttal to the
proposed plan in advance of the hearing scheduled in subdivision
(f).
(f) Hold a hearing on the proposed plan at a time determined
by
the court but not later than March 10 11 immediately following
the deadline established in section 1.
(g) In order to provide for the orderly election process and
for candidates to meet statutory deadlines for filing and
residency, order a redistricting plan for congress or the senate
and
house of representatives not later than April 1 2 immediately
following the deadline established in section 1.
Sec. 5. If a court finds any portion of this act or
application of any portion of this act to any person or
circumstance
is found to be invalid, by a court, the invalidity
shall not affect the remaining portions or applications of this act
that can be given effect without the invalid portions or
application, if the remaining portions are not determined by the
court to be inoperable, and to this end this act is declared to be
severable.
Sec. 6. (1) Upon each delivery by the legislative service
bureau to the legislature of a bill embodying a plan, the
legislative service bureau shall make available to the public the
following information:
(a) Copies of the bill delivered by the legislative service
bureau.
(b) Maps illustrating the plan.
(c) A summary of the standards prescribed by section 1 for
development of the plan.
(d) A statement of the population of each district included in
the plan, and the relative deviation of each district population
from the ideal district population.
(2) The legislative service bureau shall maintain a website
that lists all of the information in subsection (1).
Enacting section 1. 1999 PA 221, MCL 3.61 to 3.64, is
repealed.