THE BILL ITSELF
SJR 728
State Reapportionment
Florida Senate - 2026 SJR 728 By Senator Jones 34-01042-26 2026728__
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Senate Joint Resolution
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A joint resolution proposing an amendment to Section
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16 of Article III of the State Constitution to revise
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reapportionment methods and revise upward the number
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of Senate and House of Representatives districts.
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Be It Resolved by the Legislature of the State of Florida:
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That the following amendment to Section 16 of Article III
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of the State Constitution is agreed to and shall be submitted to
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the electors of this state for approval or rejection at the next
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general election or at an earlier special election specifically
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authorized by law for that purpose:
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ARTICLE III
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LEGISLATURE
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SECTION 16. Legislative apportionment.—
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(a) INDEPENDENT REDISTRICTING COMMISSIONS. The state shall
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be apportioned by three independent redistricting commissions,
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one each for the senatorial, representative, and congressional
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reapportionment processes.
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(1)a. Each redistricting commission will establish a
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screening panel composed of thirty-seven members. The president
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of the senate, speaker of the house of representatives, minority
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leader of the senate, and minority leader of the house of
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representatives shall each appoint nine members. The chief
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justice of the supreme court shall appoint one member.
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b. To apply for the commissioner position, each applicant
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must have voted in two out of the last three presidential
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elections and two out of the last three gubernatorial elections.
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The following persons may not apply for a commissioner position
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or serve as commissioner:
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1. Someone currently serving, or who has served, in an
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office or a position that is filled by vote of the electors.
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2. Someone who, within the past fourteen years, has been a
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party officer, a registered lobbyist, paid while working as part
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of a campaign staff, or has worked for the executive office of
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the governor.
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3. Someone who, within the past eighteen years, has worked
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for the legislature.
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4. Any parent, spouse, child, sibling, parent-in-law,
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child-in-law, or sibling-in-law of, or a cohabitating member of
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a household with, those mentioned in sub-subparagraphs 1.
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through 3.
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c. After review, the screening panel will select for
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further consideration fifteen applicants from each of the
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following categories:
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1. Applicants who are registered members of the political
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party that received the most votes in the last statewide
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election.
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2. Applicants who are registered members of the political
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party that received the second-most votes in the last statewide
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election.
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3. Applicants who are registered as independent or minor
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party affiliates.
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The screening panel shall ensure the selected applicants are, as
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a whole, representative of the racial, ethnic, geographic, and
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gender diversity of the state.
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(2)a. The president of the senate, the speaker of the house
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of representatives, the minority leader of the senate, and the
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minority leader of the house of representatives may each strike
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two applicants from each of the categories described in sub
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subparagraphs (1)b.1. through 3.
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b. The screening panel shall then randomly draw five
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applicants from each of the categories described in sub
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subparagraphs (1)b.1. through 3. to create each final
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independent redistricting commission.
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(3) The initial group of commissioners shall begin their
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terms in 2027. Each commissioner shall serve a ten-year term and
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may not serve consecutive terms. A person who has served on a
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commission may not run for an office for which the commission
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established the districts during his or her term as a
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commissioner or within ten years after the adoption of those
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districts.
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(4) A member of the commission shall receive compensation
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fixed at the legislative per diem rate during commission travel
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and meetings and shall be allowed all reasonable and necessary
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expenses incurred in the performance of his or her duties.
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(5)a. All meetings must take place in person and be
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streamed on the Florida Channel.
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b. All records and documents of the commission, including
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any individual or group performing delegated functions of the
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commission or advising the commission, related to the
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commission’s work shall be considered public records. This
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includes internal communications of the commission and
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communications made to the commission.
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c. Commissioners, staff of the commission, and any other
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advisor or consultant to the commission may communicate with any
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person outside the commission about matters related to
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reapportionment only in a public meeting or hearing. This does
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not apply to written public comments submitted to the
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commission, staff of the commission, or any other advisor or
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consultant to the commission.
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(6) If the commission hires legal counsel, the commission
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as an entity shall be considered the client.
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(7) The commission shall establish and maintain a public
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website or other equivalent electronic platform to share
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information about the commission’s activities. Before voting on
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any proposed plan, the commission shall publish the proposed
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plan on the website. The website must:
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a. Be capable of receiving comments and proposals by
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citizens of this state.
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b. Include a public submission portal for map drawing,
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which must open on the website on the first day of January of a
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year ending in one.
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c. Include all data used by the commission in the drawing
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of districts. Such data, including census data, precinct maps,
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election results, and shapefiles, must be posted on the website
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within three days after receipt by the commission.
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(b) DISTRICT MAPS.
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(1) Each commission shall reapportion the state by creating
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three district maps. Each map must be drawn according to Article
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III, Sections 20 and 21.
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(2) The commission shall adopt three final district maps.
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The maps must be approved by at least two-thirds of the
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commissioners, including at least two commissioners registered
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as independent or minor party affiliates.
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(3) Before adopting a final map, the commission shall hold
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at least two public hearings in each state appellate district
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and at least two public hearings in each county with a
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population of one million or more to seek public input. All
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meetings and hearings held by the commission must be adequately
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advertised and planned to ensure the public is able to attend
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and participate fully. Meetings and hearings must have
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advertisements in, at minimum, the following languages: English,
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Spanish, Haitian Creole, and Portuguese.
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(c) (a) SENATORIAL AND REPRESENTATIVE DISTRICTS. The
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legislature at its regular session in the second year following
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each decennial census , by joint resolution approved by a
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majority vote of each chamber , shall adopt one of the maps
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created by the commission to apportion the state in accordance
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with the constitution of the state and of the United States into
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not less than thirty nor more than sixty forty consecutively
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numbered senatorial districts of either contiguous, overlapping
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or identical territory, and into not less than eighty nor more
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than one hundred eighty twenty consecutively numbered
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representative districts of either contiguous, overlapping or
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identical territory. A map from the commission may be amended by
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the legislature, but only if the amendment is approved by a
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three-fourths vote of each chamber. The legislature shall adopt
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a final map by the earlier of the first day of July of a year
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ending in one or sixty days after receipt of census data. The
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legislature shall be barred from all other involvement. The
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legislature may authorize an extension until the fifteenth day
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of December in the event of an extraordinary circumstance. As
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used in this subsection, an “extraordinary circumstance” means
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an invasion of the state by a hostile foreign power and
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recognized as such by an act of the United States Congress, a
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pandemic declared as such by the President of the United States,
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or a natural disaster declared as such by the President of the
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United States Should that session adjourn without adopting such
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joint resolution, the governor by proclamation shall reconvene
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the legislature within thirty days in special apportionment
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session which shall not exceed thirty consecutive days, during
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which no other business shall be transacted, and it shall be the
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mandatory duty of the legislature to adopt a joint resolution of
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apportionment .
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(d) (b) FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL MAP
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SELECTION REAPPORTIONMENT . In the event a special apportionment
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session of the legislature fails to adopt finally adjourns
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without adopting a joint resolution of apportionment, the
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supreme court shall select the most compact map out of the three
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submitted, without amendment. The supreme court may hire up to
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two special masters for assistance the attorney general shall,
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within five days, petition the supreme court of the state to
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make such apportionment. No later than the sixtieth day after
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the filing of such petition, the supreme court shall file with
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the custodian of state records an order making such
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apportionment .
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(e) (c) LEGAL CHALLENGES TO JUDICIAL REVIEW OF
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APPORTIONMENT. Within fifteen days after the passage of the
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joint resolution of apportionment, the attorney general shall
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petition The supreme court of the state shall have original and
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exclusive jurisdiction over any case for a declaratory judgment
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determining the validity of the apportionment. The supreme
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court, in accordance with its rules, shall permit adversary
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interests to present their views and, within thirty days after
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from the filing of the petition, shall enter its judgment. A
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justice who has a close relationship with a member of the United
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States Congress or of the legislature has a conflict of interest
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in the case and may not participate in any hearing or decision
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related to a case brought under this subsection. As used in this
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subsection, “close relationship” means a parent, spouse, child,
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sibling, parent-in-law, child-in-law, or sibling-in-law of, or a
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cohabitating member of a household with, a member of the United
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States Congress or of the legislature.
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(f) (d) EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY
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APPORTIONMENT SESSION. A judgment of the supreme court of the
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state determining the apportionment to be valid shall be binding
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upon all the citizens of the state. Should the supreme court
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determine that the apportionment made by the legislature is
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invalid, the governor by proclamation shall reconvene the
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independent redistricting commissions to determine and propose a
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reapportionment plan to remedy the unlawful or unconstitutional
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district in a manner that minimally interferes with other
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districts legislature within five days thereafter in
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extraordinary apportionment session which shall not exceed
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fifteen days, during which the legislature shall adopt a joint
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resolution of apportionment conforming to the judgment of the
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supreme court .
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(e) EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF
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APPORTIONMENT. Within fifteen days after the adjournment of an
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extraordinary apportionment session, the attorney general shall
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file a petition in the supreme court of the state setting forth
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the apportionment resolution adopted by the legislature, or if
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none has been adopted reporting that fact to the court.
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Consideration of the validity of a joint resolution of
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apportionment shall be had as provided for in cases of such
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joint resolution adopted at a regular or special apportionment
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session.
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(f) JUDICIAL REAPPORTIONMENT. Should an extraordinary
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apportionment session fail to adopt a resolution of
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apportionment or should the supreme court determine that the
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apportionment made is invalid, the court shall, not later than
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sixty days after receiving the petition of the attorney general,
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file with the custodian of state records an order making such
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apportionment.
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BE IT FURTHER RESOLVED that the following statement be
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placed on the ballot:
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CONSTITUTIONAL AMENDMENT
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ARTICLE III, SECTION 16
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STATE REAPPORTIONMENT.—Proposing an amendment to the State
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Constitution to revise reapportionment methods by creating three
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independent redistricting commissions, for the Senate, House of
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Representatives, and congressional reapportionment processes,
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respectively, require the Legislature to approve a map created
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by such commission, revise upward the number of Senate
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districts, from 40 to 60, and House districts, from 120 to 180,
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and establish procedures for when the Legislature fails to
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select a district map.
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BE IT FURTHER RESOLVED that the following statement be
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placed on the ballot if a court declares the preceding statement
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defective and the decision of the court is not reversed:
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CONSTITUTIONAL AMENDMENT
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ARTICLE III, SECTION 16
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STATE REAPPORTIONMENT.—Proposing an amendment to the State
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Constitution to revise the reapportionment process by creating
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three independent redistricting commissions: one for the Senate,
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one for the House of Representatives, and one for congressional
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districts; establishing a screening panel and procedure to
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review commission applicants; providing that commissioners will
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be compensated at the legislative per diem rate; providing
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commission meeting requirements and responsibilities; providing
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that if a commission hires an attorney, the commission shall be
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considered the client; requiring at least 15 public hearings be
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held across the state; requiring each commission to draw
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district maps based solely on constitutional provisions;
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requiring that three final maps be approved by at least a two
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thirds supermajority, including votes from at least two
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independent or minor party affiliates; requiring the Legislature
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to select one map from the three submitted, by a majority vote,
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not subject to a gubernatorial veto; providing that the Supreme
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Court shall have original and exclusive jurisdiction over any
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litigation related to a district map; increasing the number of
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Senate districts from 40 to 60 and House of Representatives
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districts from 120 to 180; providing requirements for the
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adoption of the final maps; providing that if the Legislature
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fails to adopt a joint resolution, the Supreme Court shall
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select the most compact map from the three submitted, but may
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not amend any map; and providing that if the Supreme Court finds
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the Legislature’s adopted map invalid, the Governor shall
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reconvene the commissions to create a lawful replacement.