State SealARIZONA HOUSE OF REPRESENTATIVES


 

SCR 1034: independent redistricting commission; membership

PRIME SPONSOR: Senator Yarbrough, LD 17

BILL STATUS: House Engrossed

               

Legend:
Appointment Commission – Commission on 	Appellate Court Appointments or its 	designee 
Commission – Fair and Independent 	Redistricting Commission
SOS – Secretary of State
Amendments – BOLD and Stricken (Committee)

 

 

Abstract

☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteRelating to the membership of the Independent Redistricting Commission.

Provisions

1.       Requires the Commission to be established by March 15th, rather than February 28th of every year ending in one. (Sec. 3)

2.       Increases Commission membership from five members to nine members, with no more than three being from the same political party. (Sec. 3)

3.       Requires four members to reside in the most populous county, two members to reside in the second most populous county and two members to each reside in separate counties from among the remaining counties. (Sec. 3)

o   Currently, no more than two of the four appointed members may reside in the same county (Article IV, Part 2 § 1, AZ Constitution).

4.       Permits the final Commission member to reside in any county. (Sec. 3)

5.       Requires the Appointment Commission to appoint a pool of 10 nominees, rather than 5, who are not registered with either of the two largest political parties. (Sec. 3)

6.       Requires the fifth Commission member to be jointly appointed within seven days by the highest-ranking officer in the Arizona Senate and the highest-ranking Arizona House of Representatives Member of the same party. (Sec. 3)

7.       Requires the sixth Commission member to be jointly appointed within seven days by the Minority Party Leader of the Arizona Senate and the highest-ranking Arizona House of Representatives Member of the same party. (Sec. 3)

8.       Requires each of the six appointed Commission members to be of the same political party as the person who appoints them. (Sec. 3)

9.       Requires any vacancy in the first six appointed Commission members on March 15th to be filled by the Appointing Commission from the pool of nominees. (Sec. 3)

o   Currently, any vacancy in the first four members on March 1st is appointed by the Appointing Commission.

10.   Requires the six appointed Commission members to select three members, including a chairman, to serve on the Commission from the pool of nominees who are not registered with any party. (Sec. 3)

o   Currently, the first four members appoint the final member, who serves as chair.

11.   Stipulates that if the six Commission members fail to appoint any of the final three members, the Appointment Commission or its designee must make the appointments. (Sec. 3)

o   Currently, the Appointment Commission must appoint the final member if they were not appointed by the first four Commission members.

12.   Specifies that the Commission must conduct business and hold meetings in compliance with Open Meeting Laws, except with 48 hours public notice of all meetings. (Sec. 3)

o   Currently, Commission meetings are required to be open to the public with 48 hours' notice. Open Meeting Law requires 24 hours' notice of all meetings. Open Meeting Law currently applies to the Commission, except and only to the extent that specific constitutional provisions supersede Open Meeting Law requirements. (Article IV, Part 2 § 1, AZ Constitution & A.R.S. §§ 38-431 & 38-431.02)

13.   Prohibits the population of the largest state Legislative District from exceeding the population of the smallest District by more than 2% of the population of the smallest District. (Sec. 3)

o   Currently, Legislative Districts are required to have an equal population to the extent practicable.  No percentage threshold is currently outlined in the AZ Constitution.

14.   Requires the SOS to submit this proposition to the voters at the next general election. (Sec. 5)

15.   Contains a Legislative intent clause. (Sec. 1)

16.   Asserts that the title of this constitutional amendment is the Fair and Independent Redistricting (F.A.I.R.) Commission Act of 2018. (Sec. 2)

17.   Makes technical and conforming changes. (Sec. 3)

Current Law

The Commission is required to be established by February 28th of each year ending in one in order to provide for the redistricting of Congressional and Legislative Districts.  The Commission is composed of five members, with no more than two members being of the same political party.  The Appointment Commission is required to create a pool of 25 nominees: 10 from each of the 2 largest political parties and 5 who are not registered with either party.   The first four members are appointed by Members of each party in the Legislature from the pool of nominees.  Once the first four members are appointed, the final member must be selected by Commission majority vote from the pool of nominees with no party affiliation.  If the four Commission members fail to appoint a final member within 15 days, the Appointment Commission must appoint the final member.  The final member must serve as chair and the vice chair must be appointed by the Commission (Article IV, Part 2 § 1, AZ Constitution).

 

 

 

 

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Fifty-third Legislature                  SCR 1034

Second Regular Session                               Version 3: House Engrossed

 

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