Bill Text: DE SB235 | 2011-2012 | 146th General Assembly | Draft

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Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To The Redistricting Of The General Assembly.

Spectrum: Slight Partisan Bill (Democrat 8-4)

Status: (Engrossed - Dead) 2012-06-19 - Introduced and Assigned to House Administration Committee in House [SB235 Detail]

Download: Delaware-2011-SB235-Draft.html

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SPONSOR:	Sen. Blevins & Sen. Simpson, Rep. Jaques, Kowalko & Hudson
	Sens. DeLuca, Connor, Sokola, Venables; Reps. Barbieri, Hocker, Keeley

DELAWARE STATE SENATE

146th GENERAL ASSEMBLY

SENATE BILL NO. 235

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE REDISTRICTING OF THE GENERAL ASSEMBLY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend §805, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underlining as follows:

§805.Redistricting after federal decennial census.

The apportionment provided for by this chapter shall continue in effect until the official reporting by the President of the United States of the next federal decennial census.After the official reporting of the 2020 federal decennial census by the President to Congress, the General Assembly shall, not later than June 30, 2021, reapportion and redistrict the State, wherever necessary, for the general election of 2022 and thereafter in such a manner that the several representative and senatorial districts shall comply, insofar as possible, with the criteria set forth in § 804(1)-(4) of this title.Such apportionment shall thence continue in effect until the next succeeding federal decennial census.

§805. Redistricting after federal decennial census; authorization of state redistricting commission.

(a) The apportionment provided for by this chapter shall continue in effect until the official reporting by the President of the United States of the next federal decennial census.After the official reporting of the 2020 federal decennial census by the President to Congress, and each decade thereafter, a Commission organized pursuant to this section shall be authorized to redistrict the legislative districts of the State Senate and the House of Representatives.The Commission shall be known as 'The Redistricting Commission for the State of Delaware'.In redistricting the Senate and House of Representatives, the Commission shall comply with the provisions of §804 and §804A of this title.The Commission shall have the power to adopt and amend rules related to its operations and the redistricting process, provided the rules and any amendments are first submitted to the General Assembly for review.The Commission's rules and any amendments thereto shall become final if they are either approved, or not rejected, by a majority of the members of both Houses of the General Assembly within fifteen days of their submission.The Commission shall conduct an open and transparent redistricting process enabling full public consideration of and comment on the drawing of district lines and the Commission members shall conduct themselves with integrity and fairness.

(b) The Commission shall continue in existence until a final plan of redistricting of the General Assembly for the following ten-year election cycle becomes law.The Commission may be recalled to work by the General Assembly if the need arises for an interim redistricting.

(c) The Commission shall be composed of eleven members, ten of whom shall be appointed.The Commission shall include at least one resident from each county and the City of Wilmington.By the third Tuesday of January of each year ending in one, the Speaker of the House, the House Majority Leader, the House Majority Whip, the House Minority Leader, the House Minority Whip, the President Pro Tempore of the Senate, the Senate Majority Leader, the Senate Majority Whip, the Senate Minority Leader, and the Senate Minority Whip shall each appoint one member of the Commission.By February 10^th of each year ending in one, the eleventh member of the Commission shall be chosen by a vote of the ten appointed members and shall serve as the non-voting Chair of the Commission.

(d) No member of the Commission shall hold elective office.No member of the Commission shall be a registered lobbyist, or have been a registered lobbyist within a year prior to appointment or selection.No member of the Commission shall be permitted to run for the General Assembly in the election following the redistricting.No elected official and no officer of a state political party may serve on the Commission.A Commission member shall not have been an elected State official within two years of his or her appointment or selection.Each Commission member shall be a resident of the state and a qualified voter.Each member of the Commission shall attest under oath that he or she is willing to serve as a member of the Commission, that he or she is able to serve in a fair and impartial manner, that he or she shall not allow personal, financial, or partisan political interests to affect his or her decisions as a member of the Commission, that he or she is not the subject of a conservatorship, and that he or she agrees to abide by the provisions of Delaware law, the duly adopted rules of the Commission, and any other applicable law.A member of the Commission may only be removed for a substantial neglect of duty, gross misconduct in the performance of the duties as a member of the Commission, or inability to discharge the duties as a member of the Commission, and such a determination may only be made by a vote of a majority of the other voting members of the Commission.

(e) Should any member of the Commission be removed or become unable to serve before the work of the Commission is completed, the legislator who appointed the member shall appoint a replacement to the Commission.

(f) The Commission may begin to organize and may hold a public meeting to elect its Chair, but may not commence the redistricting process itself until the Chair is elected.The names and addresses of the members of the Commission shall be prominently published in at least two Delaware newspapers of general circulation, within ten days of the selection of the Chair.

(g) Six voting members of the Commission shall constitute a quorum for purposes of convening and conducting a meeting or hearing; however, seven voting members must approve any motion for it to pass, including any motion to distribute or approve any preliminary, final, or modified redistricting plan or maps.

(h) In order to familiarize the members of the Commission, including the Chair, with the redistricting process, each of the members of the Commission shall attend a program on the redistricting process conducted by the Commissioner of Elections.

(i) All meetings of the Commission shall be open to the public and the Commission shall be subject to the provisions of the Freedom of Information Act.A website shall be created for review by the public and shall contain such information as will assist the public in reviewing, understanding, evaluating, and commenting upon the work of the Commission.The website shall, at a minimum, include the names and addresses of all Commission members, the location and schedule for Commission meetings, the agenda for each Commission meeting, any rules adopted by the Commission, the district maps from the previous redistricting of the State Senate and the House of Representatives, preliminary district maps for the redistricting being conducted by the Commission, and revised district maps prepared by the Commission.At least seven days' notice shall be provided for all regular meetings of the Commission.Notice of the Commission's meetings and hearings shall be prominently published in at least two Delaware newspapers of general circulation.

(j) Operations of the Commission shall be funded by the General Assembly.The State of Delaware shall provide the Commission, and a judicial panel appointed pursuant to this section, with such support staff, consultants, equipment, computer software, materials, and other resources that are needed to complete the redistricting process.The State of Delaware shall also provide office space for the Commission, its support staff, its records, and its equipment.The General Assembly shall take all necessary steps to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide the public ready access to redistricting data and computer software for drawing district maps.Upon the Commission's formation and until it ceases operations, the General Assembly shall coordinate these efforts with the Commission.

(k) The Commission, and a judicial panel appointed pursuant to this section, may retain the services of one or more attorneys.Any attorney retained by the Commission must also meet the requirements of §805(d), which apply to Commission members.

(1) Members of the Commission shall receive an honorarium of $300 per day for each day the member is engaged in Commission business.Members of the Commission shall be reimbursed for expenses related to their travel in connection with the work of the Commission.

(m) The Preliminary Plan and Report for the districts of the State Senate and the House of Representatives shall be prepared for public distribution and comment no later than the second Monday in May unless the late receipt of Census data and/or geopolitical data causes the Commission's work to begin later than April 15^th.The Preliminary Plan and Report must be approved by the Commission and shall include, but not be limited to:i.) The population and percentage deviation from the average district population for every district, ii.) an explanation of the criteria used in developing the plan, iii.) the majority and minority population (separately reporting each minority to the extent permitted by census and demographic data) of each district, and the voting age population and majority and minority voting age population (separately reporting each minority to the extent permitted by census and demographic data) of each district, and iv.) such other data and information as will permit the public to evaluate whether the Plan complies with Delaware law and the federal Voting Rights Act.Four public hearings shall be held upon completion of the Commission's Preliminary Plan, one in each county and one in the City of Wilmington to review the Preliminary Plan.Each hearing shall be open to the public and shall allow for both comments and questions from the public.At least seven days' notice shall be given for each hearing.

(n) The Commission must approve and submit a Final Report and a Final Redistricting Plan to the General Assembly by June 15^th, unless that date is extended by a vote of the majority of the members of both Houses of the General Assembly.The Final Report and Final Redistricting Plan shall include, but not be limited to:i.) The population and percentage deviation from the average district population for every district, ii.) an explanation of the criteria used in developing the plan, iii.) the majority and minority population (separately reporting each minority to the extent permitted by census and demographic data) of each district, and the voting age population and majority and minority voting age population (separately reporting each minority to the extent permitted by census and demographic data) of each district, and iv.) such other data and information as will permit the public to evaluate whether the Plan complies with Delaware law and the federal Voting Rights Act.

(o) Unless the Commission's Final Redistricting Plan is adopted by a majority vote of both Houses of the General Assembly within four weeks of its submission by the Commission, the Plan shall be considered rejected.If the Plan is rejected, it shall be returned to the Commission. After a public hearing, the Commission shall approve and submit a new redistricting plan to the General Assembly.Unless the new redistricting plan is adopted by a majority vote of both Houses of the General Assembly within two weeks of its submission by the Commission, the plan shall be considered rejected.If the new redistricting plan is not approved by the General Assembly, the Commission may, after a public hearing, approve and submit a modified plan to the General Assembly. The General Assembly and the Governor shall have until September 30^th to enact a redistricting plan.No redistricting plan submitted by the Commission to the General Assembly shall become law unless it is approved by a majority vote of both Houses of the General Assembly and approved by the Governor.

(p) If the General Assembly and the Governor fail to enact a redistricting plan by September 30^th, the redistricting of the General Assembly shall then be completed by a judicial panel consisting of the Chancellor of the State of Delaware and a Superior Court Judge, who shall be appointed by the President Judge of the Delaware Superior Court, and shall be of a different political party than the Chancellor.The judicial plan of redistricting shall be made public by November 30^th of the same year and shall be final and lawfully binding.In preparing the judicial plan of redistricting, the Chancellor and the Superior Court Judge may conduct such proceedings as they deem appropriate in their discretion.The judicial plan shall not be subject to change by the General Assembly or to any appellate process.

(q) No redistricting plan adopted pursuant to this section shall alter the composition of the General Assembly or provide for a number of legislative districts different than that established by the General Assembly.

(r) The State Commissioner of Elections and the Commission shall work together to ensure that coordination with local and county redistricting efforts is maintained throughout the process.The Commissioner of Elections and the County Departments of Elections shall make their technical personnel, who are familiar with the redistricting process and the pertinent computer software, available for consultation with the Commission, and the judicial panel appointed pursuant to this section.

(s) When the Commission has completed its work, the Commission shall take all necessary and reasonable steps to conclude its business and cease operations.The Commission shall prepare a financial statement disclosing all expenditures made by the Commission.The official records of the Commission shall contain all relevant information developed by the Commission pursuant to carrying out its duties, including maps, data collected, minutes, transcripts and recordings of meetings, written communications, public notices, and other information of a similar nature.Once the Commission ceases to exist, the State Commissioner of Elections shall be the custodian of the Commission's records, which shall be preserved for a period of at least twenty years.When the Commission has completed its work and ceased operations, any budget surplus shall revert to the state general fund.

(t) In order to assist the work of future redistricting Commissions, by December 1^st of the same year, the Commission shall submit a written report to the General Assembly with recommendations for improvements to the redistricting process.

Section 2.If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

SYNOPSIS

This bill will create a process to have an eleven-member Commission appointed every ten years to redistrict the Senate and House of Representatives of the Delaware General Assembly.  "The Redistricting Commission for the State of Delaware" would consist of ten voting members and one non-voting Chair.  The ten voting members would be appointed by the leadership of the House  and Senate majority and minority parties.  The ten voting members would select the non-voting Chair.  The Bill requires the Commission to "conduct an open and transparent redistricting process enabling full public consideration of and comment on the drawing of district lines…."   No member of the Commission could be the holder of an elective office, a registered lobbyist within a year prior to appointment or selection, or an elected state official within two years of appointment or selection. 

The bill contains a timetable for completing the redistricting process.  The process would culminate in the submission of a Commission-approved Final Redistricting Plan to the General Assembly for enactment into law.  The bill allows for the further submission of a modified plan, if the General Assembly fails to approve the Final Plan by a majority vote of both Houses.  If the General Assembly and the Governor fail to enact redistricting legislation by September 30 of the year preceding the next election year, the bill calls for the creation of a two-person judicial panel consisting of the Chancellor of the State of Delaware and a Superior Court Judge appointed by the President Judge of the Superior Court.  The judicial panel would be charged with issuing a final and binding redistricting plan for the Senate and the House of Representatives.   The Chancellor and the Superior Court Judge assigned to the panel would have to be from separate political parties. 

Among other things, the Commission is required to:  1. Create a website for review by the public which would contain comprehensive information about the work of the Commission, including the names of the Commissioners, the rules of the Commission, notice of public meetings, district maps for existing districts, any plan approved by the Commission, Census data, and demographic data;  2.  Hold four public meetings, one in each county and one in the City of Wilmington;  3.  Prepare rules to govern the Commission's proceedings;  4. Abide by the State Freedom of Information Act;  5.  Approve and issue for public consideration and comment a Preliminary Redistricting Plan and Report, 6.  Approve and submit to the General Assembly a Final Redistricting Plan and Report; and 7. Before concluding its business, prepare and submit a written report to the General Assembly with recommendations for improvements to the redistricting process.   After the Commission's work is completed, its records are to be maintained by the State Commissioner of Elections for a period of at least twenty years. 

Author:Senator Blevins