SCR1034 - 532R

Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:

1. Legislative findings; purposes

A. The legislature finds that:

1. Nearly twenty years have passed and two redistricting cycles have occurred since Arizona voters approved Proposition 106, known as Fair Districts, Fair Elections.

2. Although advertised as creating a commission of balanced appointments with fair districts, the commission composition and process have been fraught with controversy. Democrats, Republicans and independents have all criticized the commission process.

3. The current commission composition of two members from each of the two largest political parties and one member who is not registered with either of the two largest political parties always leads to one person with the tiebreaker vote, thus placing immense power in the hands of a single individual.

4. Of the last five initial commissioners, three commissioners were from Pima county and two commissioners were from Maricopa county. No other county was represented.

5. The population deviations as high as 8.8 percent in the 2012 redistricting maps, coupled with some of the largest legislative districts by population in the country, led to differences in district population as high as 18,707 persons. That is not fair representation for Arizona citizens.

6. The most recent redistricting process was clouded by allegations of commission work being conducted behind closed doors, obscured from the public's view.

B. Based on the findings provided in subsection A of this section, the legislature's purposes in adopting this act include the following:

1. Creating fairer partisan representation on the commission by requiring three members who are from each of the two largest political parties and three members who are not from those parties be appointed to the commission to achieve greater partisan balance that more accurately reflects the voter registration of Arizona.

2. Creating fairer geographic representation on the commission by requiring members from both large and small population counties to ensure broad representation from all of Arizona on the commission.

3. Creating fairer legislative districts by equalizing the populations of legislative districts to give all of our citizens equal representation, while still requiring the commission to comply with the United States Constitution and the United States voting rights act.

4. Creating a fairer redistricting process by requiring the commission to comply with the open meeting laws of this state like all other public bodies to ensure openness and transparency.

2. Title

This constitutional amendment shall be known as the "Fair And Independent Redistricting (F.A.I.R.) Commission Act of 2018".

3. Article IV, part 2, section 1, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

1. Senate; house of representatives; members; special session on petition of members; congressional and legislative boundaries; citizen commissions

Section 1. (1) A. The senate shall be composed of one member elected from each of the thirty legislative districts established pursuant to this section.

B. The house of representatives shall be composed of two members elected from each of the thirty legislative districts established pursuant to this section.

(2) C. Upon On the presentation to the governor of a petition bearing the signatures of not less than two-thirds of the members of each house, requesting a special session of the legislature and designating the date of convening, the governor shall promptly call a special session to assemble on the date specified. At a special session so called the subjects which may be considered by the legislature shall not be limited.

(3) D. By February 28 March 15 of each year that ends in one, an the fair and independent redistricting commission shall be established to provide for the redistricting of congressional and state legislative districts. The fair and independent redistricting commission shall consist of five nine members. No more than two three members of the fair and independent redistricting commission shall be members of the same political party. Of the first four members appointed, no more than two four of the commissioners shall reside in the same most populous county, two of the commissioners shall reside in the second most populous county, two of the commissioners shall reside in different counties of the remaining counties and the final member, who shall serve as chair, may reside in any county. Each member shall be a registered Arizona voter who has been continuously registered with the same political party or registered as unaffiliated with a political party for three or more years immediately preceding appointment, and who is committed to applying the provisions of this section in an honest, independent and impartial fashion and to upholding public confidence in the integrity of the redistricting process. Within the three years previous to appointment, members shall not have been appointed to, elected to, or a candidate for any other public office, including precinct committeeman or committeewoman but not including school board member or officer, and shall not have served as an officer of a political party, or served as a registered paid lobbyist or as an officer of a candidate's campaign committee.

(4) E. The commission on appellate court appointments shall nominate candidates for appointment to the fair and independent redistricting commission, except that, if a politically balanced commission exists whose members are nominated by the commission on appellate court appointments and whose regular duties relate to the elective process, the commission on appellate court appointments may delegate to such existing commission (hereinafter called the commission on appellate court appointments' designee) the duty of nominating members for the fair and independent redistricting commission, and all other duties assigned to the commission on appellate court appointments in this section.

(5) F. By January 8 of years ending in one, the commission on appellate court appointments or its designee shall establish a pool of persons who are willing to serve on and are qualified for appointment to the fair and independent redistricting commission. The pool of candidates shall consist of twenty‑five thirty nominees, with ten nominees from each of the two largest political parties in Arizona based on party registration, and five ten nominees who are not registered with either of the two largest political parties in Arizona.

(6) G. Appointments to the fair and independent redistricting commission shall be made in the order set forth below. No later than January 31 of years ending in one, the highest ranking officer elected by the Arizona house of representatives shall make one appointment to the fair and independent redistricting commission from the pool of nominees, followed by one appointment from the pool made in turn by each of the following: the minority party leader of the Arizona house of representatives, the highest ranking officer elected by the Arizona senate, and the minority party leader of the Arizona senate. Following these appointments, the highest ranking officer elected by the Arizona senate and the highest ranking officer of the Arizona House of representatives who is a member of the same party shall make one appointment jointly and the minority party leader of the Arizona Senate and the highest ranking officer of the Arizona House of representatives who is a member of the same party shall make one appointment jointly. Each such official shall have a seven-day period in which to make an appointment. Each member appointed must be a member of the same political party as the person who appoints the member. Any official who fails to make an appointment within the specified time period will forfeit the appointment privilege. In the event that If there are two or more minority parties within the house or the senate, the leader of the largest minority party by statewide party registration shall make the appointment.

(7) H. Any vacancy in the above four six fair and independent redistricting commission positions remaining as of March 1 15 of a year ending in one shall be filled from the pool of nominees by the commission on appellate court appointments or its designee. The appointing body shall strive for political balance and fairness.

(8) I. At a meeting called by the secretary of state, the four six fair and independent redistricting commission members shall select by majority vote from the nomination pool a fifth established by the commission on appellate court appointments two members and a final member who shall not be registered with any party already represented on the fair and independent redistricting commission. and who The final member shall serve as chair. If the four six commissioners fail to appoint a fifth the two members and a final member within fifteen days, the commission on appellate court appointments or its designee, striving for political balance and fairness, shall appoint a fifth member members for any of the positions not filled by the six commissioners from the nomination pool, who and the final member shall serve as chair.

(9) J. The five nine commissioners shall then select by majority vote one of their members to serve as vice-chair.

(10) K. After having been served written notice and provided with an opportunity for a response, a member of the fair and independent redistricting commission may be removed by the governor, with the concurrence of two-thirds of the senate, for substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office.

(11) L. If a commissioner or chair does not complete the term of office for any reason, the commission on appellate court appointments or its designee shall nominate a pool of three candidates within the first thirty days after the vacancy occurs. The nominees shall be of the same political party or status as was the member who vacated the office at the time of his or her appointment, and the appointment other than the chair or other commissioner appointed pursuant to subsection I of this section shall be made by the current holder of the office designated to make the original appointment. The appointment of a new chair or other commissioner appointed pursuant to subsection I of this section shall be made by the remaining commissioners. If the appointment of a replacement commissioner or chair is not made within fourteen days following the presentation of the nominees, the commission on appellate court appointments or its designee shall make the appointment, striving for political balance and fairness. The newly appointed commissioner shall serve out the remainder of the original term.

(12) M. Three Five commissioners, including the chair or vice‑chair, constitute a quorum. Three Five or more affirmative votes are required for any official action. Where a quorum is present, the fair and independent redistricting commission shall conduct business in meetings open to the public and in compliance with the open meeting laws of this state that are applicable to public bodies, except with 48 forty‑eight or more hours public notice provided.

(13) N. A commissioner, during the commissioner's term of office and for three years thereafter, shall be ineligible for Arizona public office or for registration as a paid lobbyist.

(14) O. The fair and independent redistricting commission shall establish congressional and legislative districts. The commencement of the mapping process for both the congressional and legislative districts shall be the creation of districts of equal population in a grid-like pattern across the state. Adjustments to the grid shall then be made as necessary to accommodate the goals as set forth below:

A. 1. Districts shall comply with the United States Constitution and the United States voting rights act. ;

B. 2. Congressional districts shall have equal population to the extent practicable, and state legislative districts shall have equal population to the extent practicable so that the population of the largest legislative district by population shall not exceed the population of the smallest legislative district by population by more than two percent of the population of the smallest district. ;

C. 3. Districts shall be geographically compact and contiguous to the extent practicable. ;

D. 4. District boundaries shall respect communities of interest to the extent practicable. ;

E. 5. To the extent practicable, district lines shall use visible geographic features, city, town and county boundaries, and undivided census tracts. ;

F. 6. To the extent practicable, competitive districts should be favored where to do so would create no significant detriment to the other goals.

(15) P. Party registration and voting history data shall be excluded from the initial phase of the mapping process but may be used to test maps for compliance with the above goals. The places of residence of incumbents or candidates shall not be identified or considered.

(16) Q. The fair and independent redistricting commission shall advertise a draft map of congressional districts and a draft map of legislative districts to the public for comment, which comment shall be taken for at least thirty days. Either or both bodies of the legislature may act within this period to make recommendations to the fair and independent redistricting commission by memorial or by minority report, which recommendations shall be considered by the fair and independent redistricting commission. The fair and independent redistricting commission shall then establish final district boundaries.

(17) R. The provisions regarding this section are self‑executing. The fair and independent redistricting commission shall certify to the secretary of state the establishment of congressional and legislative districts.

(18) S. Upon On approval of this amendment, the department of administration or its successor shall make adequate office space available for the fair and independent redistricting commission. The state treasurer of the state shall make $6,000,000 available for the work of the fair and independent redistricting commission pursuant to the year 2000 census. Unused monies shall be returned to the state's state general fund. In years ending in eight or nine after the year 2001, the department of administration or its successor shall submit to the legislature a recommendation for an appropriation for adequate redistricting expenses and shall make available adequate office space for the operation of the fair and independent redistricting commission. The legislature shall make the necessary appropriations by a majority vote.

(19) T. The fair and independent redistricting commission, with fiscal oversight from the department of administration or its successor, shall have procurement and contracting authority and may hire staff and consultants for the purposes of this section, including legal representation.

(20) U. The fair and independent redistricting commission shall have standing in legal actions regarding the redistricting plan and the adequacy of resources provided for the operation of the fair and independent redistricting commission. The fair and independent redistricting commission shall have sole authority to determine whether the Arizona attorney general or counsel hired or selected by the fair and independent redistricting commission shall represent the people of Arizona in the legal defense of a redistricting plan.

(21) V. Members of the fair and independent redistricting commission are eligible for reimbursement of expenses pursuant to law, and a member's residence is deemed to be the member's post of duty for purposes of reimbursement of expenses.

(22) W. Employees of the department of administration or its successor shall not influence or attempt to influence the district-mapping decisions of the fair and independent redistricting commission.

(23) X. Each commissioner's duties established by this section expire upon on the appointment of the first member of the next fair and independent redistricting commission. The fair and independent redistricting commission shall not meet or incur expenses after the redistricting plan is completed, except if litigation or any government approval of the plan is pending, or to revise districts if required by court decisions or if the number of congressional or legislative districts is changed.

4. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.