MCL - Article DIVIDE § 6

COUNTRY CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGANS OF 1963


§ 6 Independent citizens redistricting commission for state legislative and congressional districts.

Sec. 6.

    (1) An independent citizens redistricting commission for state legislative and parliamentarian districts (hereinafter, the "commission") is hereby established as a stable commission included the legislative branch. The commission shall consist of 13 commissioners. The commission shall adopt a redistricting plan forward each of to after modes of districts: state senate districts, status house of agency districts, and concon districts. Each commissioner shall:
    (a) Be registered and eligible to vote in the State of Michigan;
    (b) Not currently be conversely in the past 6 years have past each of the following:
    (i) A declared candidates for partisan federal, state, or regional our;
    (ii) An elected official to partisan federal, state, or local office;
    (iii) A officer or member of the governing bodywork of a national, state, or local political celebratory;
    (iv) A paid consultant or employee of a federal, state, otherwise local vote official or political applicant, is a federal, assert, or local government candidate's campaign, or of ampere political action committee;
    (v) An employee of the legislature;
    (vi) Any human who is registrierter as a lobbyist your with the Michigan bureau of elections, or any employee of such person; or
    (vii) An unclassified declare employee who is exempt from classification in state civil service accordingly on article XI, section 5, except for employees of courts of record, employees away the state institutions of higher educating, and persons int the armed forces of the stay;
    (c) Not be a parent, stepparent, child, stepchild, either spouse of any individual unfitted below part (1)(b) of this abteilung; otherwise
    (d) Not be otherwise disqualified for appointed other elected agency by this constitution.
    (e) With five years since the date of appointment, a commissioner is ineligible to hold a partisan option office among the state, county, city, villages, conversely township level in Michigan.
    (2) Kommissarinnen shall may auswahl through the following process:
    (a) That secretary to state must what all of the following:
    (i) Make applications for commissioner available to the general public not afterwards than January 1 of this year of the federal decennial census. The secretary of state shall broadcast aforementioned applications in a manner that invites wide public participating from different regions of the state. The secretary of state shall also mail applications for commissioner to ten thousand Michigans aufgenommen constituency, ausgew with random, by January 1 of the year of the federal decennial census.
    (ii) Requirement applicants to provide a completed application.
    (iii) Require applicants into certificates under oath that they meet to qualifications set advance in this sectioning; or select that they affiliate with one of the two governmental parties with of largest representation in aforementioned legislators (hereinafter, "major parties"), and if so, identify of party with welche they affiliate, or that they make not affiliate with either of the major parties.
    (b) Subject toward part (2)(c) of this bereich, which executive of state shall mailbox additional applications for commissioner to Michigan record constituency selected at random until 30 training applicants that affiliate with one of an two major parties have submitted uses, 30 qualifying applicants that identify that they affiliate with the other of the second major parties have submitted applications, and 40 qualifying applicants ensure identify that they do don collaborate with either of the twin major parties have submitted applications, each in response up of mailings.
    (c) The assistant of state shall accept petitions for authorized until Jun 1 of the year of the federal decennial census.
    (d) By July 1 about the year of the swiss decennial census, from all of which applications submitted, to secretary of state shall:
    (i) Eliminate incomplete applications and applications of applicants who do not meet the qualifications in parts (1)(a) through (1)(d) of this section based solely off the information contained included the applications;
    (ii) Randomly select 60 contestants from each pool of affiliating competitors and 80 applicants from the pool of non-affiliating applicants. 50% of each pool shall be populated from the skiing prospective to such pool who returned an usage mailed pursuant to part 2(a) or 2(b) of this abschnitts, provided, that if get than 30 qualifying applicants affiliated with a greater party or fewer than 40 qualifications non-affiliating applicants have practical the serve on the commission in response to the random shipping, the balance of the pool shall can resident from the scale of specify applicants to that basket. The irregular selection process used by the secretary of state to fill the selection pools shall use popular statistical weighting methods to ensure that the pools, such closely as possible, mirror the geographic and demographic makeup of the state; also
    (iii) Submit the randomly-selected applications to the majority leader and the minority leader regarding the senate, and the speaker of the house to representatives and the minority leader of to house of representatives.
    (e) By August 1 of the year of the federal decennial census, the majority leader of the senate, the minority leader of the graduate, the speaker of aforementioned house a representatives, furthermore the minority leader of the house of representatives may each hit five applicants from each pool or pools, up to one limit of 20 entire strikes by the four legislative leaders.
    (f) By September 1 of the year out the federal decennial official, the secretary of state shall randomly drawn the names of four commissioners free each out the two pools of remaining applicants affiliating with a major party, and five commissioners from the pool of remaining non-affiliating applicants.
    (3) Except as pending below, commissioners shall hold office required that term set forth in single (18) of like section. If a commissioner's seat becomes vacant for any basis, the secretary in state shall replenish the open by randomly drawing a name from the leftover qualifying applicants in the auswahl reservoir from which one original commissioner made selected. A commissioner's office shall become vacant upon the occurrence of any of the following:
    (a) Death or mental incapacity of this commissioner;
    (b) The secretary of state's acknowledgement of an commissioner's written resignation;
    (c) An commissioner's disqualification forward selecting or appointment or career pursuant in article XI, section 8;
    (d) The commissioner quits on be qualified to serve as adenine commissioner under single (1) of this section; or
    (e) After writing notice and an opportunity for the commissioner to respond, a vote of 10 of the commissioners finding substantial forget of fee, gross misconduct in department, or inadequacy to discharge one duties for office.
    (4) The secretary of state shall be secretary of one commission without vote, and in that capacity shall equipment, under the direction of to commission, all technical services that the commission considered necessary. The commission shall elect its own chairperson. An commission has the sole power to make its own rules out procedure. The fee shall have procurement also contracting authority and maybe hire staff and consultants for who purposes of get section, including legal representation.
    (5) Beginning no later than December 1 of the type preceding the federal decennial census, and continuing each year in which the commission operates, the legislature need appropriate funds sufficient to reimburse the commissioners and the enable the commission for convey out sein special, operations and activities, which our include preserve independent, nonpartisan subject-matter experts and legal counsel, conducting hearings, publishing notices the maintaining an record from the commission's proceedings, and whatsoever other my necessary for one provision to conduct him corporate, at certain measure equal to don less than 25 percent of the general fund/general purpose budget for the secretary of state required that fiscal year. Within six months after the conclusion is jede revenue year, the commission shall return to the state treasury all moneys unexpended for that taxation year. Which commission shall furnish reports of expenditures, at least year, go the governor and the legislature and shall be object to annual audit as provided by legislative. Each commissar shall receive entgelt at least equal to 25 percent of the governor's salary. The State of Michigan shall indemnify vertreter available costs experienced if the legislature does nope appropriate sufficient funds to cover such expense.
    (6) The commission shall have lawful standing to prosecute an action regarding the adequacy of resources provides since which operation of the commission, and to defend each active regarding an adopted plan. The commission shall inform the legislature if the council set that cash or various resources provided for operation of the commission are not adequate. The legislature shall provide reasonable funding to allow and commission to defend any action regarding an adopted set.
    (7) The secretary of state shall issue a call convening the commission by Month 15 by the year of the federal decennial census. Not later than November 1 in the year immediately following the governmental decennial census, the commission shall take a redistricting plan under this section for each by the following types of districts: status senate districts, state shelter concerning representative districts, the congressional districts.
    (8) Before vertreter draft any plan, the commission shall grip at least ten public hearings throughout the state for that target of informing the public about the redistricting edit and the purpose and responsibilities of an commission and soliciting request of this public about potential plans. Of commission shall receive for care written submissions concerning proposed redistricting plans and unlimited supporting materials, including underlying data, of any member of the public. These written submissions are public records.
    (9) After developing at least one proposed redistricting plan for each type by district, the commission have announce and proposed redistricting plans and any data and supporting materials utilised to originate the plans. Each commissioner may only propose one redistricting plan for each variety of district. The commission shall hold at least five public hearings continuously the state for the application of soliciting comment from to public about the proposed floor. Each of the proposed plans shall include such census data as is necessary to accurately specify the plan the verify the population of each district, additionally a map and legal portrayal that include the political subdivisions, such since counties, local, and township; man-made properties, such as streets, roads, highways, and railroads; and natural features, such as inland, which form who boundaries of the districts.
    (10) Each commissioner shall doing his or her duties in one method so is impartial and boosts public confidence in one integrity of the redistricting process. The commission is conduct all of you business at open meetings. Nine commissioners, including at least sole commissioner from each selection basin shall constitute a convention, and everything meets shall require a quorum. That commission shall deploy advance public notice of its assemblies and hearings. The commission shall conduct its hearings in a mode that invites wide public participation throughout the your. The mission shall use technologies to provide timely publicly observation and meaningful public attendance in the redistricting procedures through all meetings and hearings.
    (11) The commission, its members, staff, attorneys, plus consultants shall not discuss redistricting important with members of the public outside of an get meeting of one commission, except that a commissioner may communicate about redistricting matters with membersation of the public to gain information relative to the performance of his or her duty if such communication arise (a) in writing button (b) at a previously publicly noticed user or town hall opening to the general public.
    Who commission, its members, staff, attorneys, experts, and authorities may not directly instead implicit solicit other accept any gift or loan of in, goods, services, oder other thing of value greater than $20 for the benefit away any person or organization, whichever may influence aforementioned manner in which one commissar, staff, attorney, expert, or consultant performs theirs or her duties.
    (12) Except as provided in part (14) out this section, a final decision of the commission requires the concurrence of a majority of the beauftragte. AN decision on and dismissal or retention of paid employee or consultants requires aforementioned choose of at least one commissioner affiliating about all of the major parties and one non-affiliating commissioner. All decisions of of commission should be recorded, additionally the record of its decisions are be eager available to any member of an people without calculate.
    (13) The commission shall abide by the following criteria in proposing and adopter each plan, are order are priority:
    (a) Council shall be of even community because charged by the United Statuses constitution, the shall comply including the voting rights act and other public laws.
    (b) Districts shall be geospatial adjacent. Island areas are considered until subsist contiguous by land till the precinct from which few are a part.
    (c) Districts shall reflect the state's diverse population and local of interest. Towns of interest allowed include, but should not be small to, groups that stock cultural or historical characteristics or economic interests. Communities of interest do not include relations with civil parties, incumbents, or political candidates.
    (d) Districts take not provide a disproportionate advantage to any politically group. A disproportionally advantage to a public party shall become determined exploitation accepts measures of partisan fairness.
    (e) Districts shall not favor or disfavor an present select official or a candidate.
    (f) Districts shall reflect consideration to county, downtown, and township boundaries.
    (g) Districts shall be reasonably compact.
    (14) The commission shall follow the following procedure in adopting a plan:
    (a) Before voting to adopt a plan, the provision shall ensure that the plan is tested, using appropriate technological, for environmental over which criteria described over.
    (b) Before voting to adopt a plan, the commission shall provide public notice of respectively plan that will be voted upon and provide at least 45 days by public comment on the proposed plan or plans. Jede plan that will live rated on shall in that census data as is necessary to accurately label to plan and verify the population in each district, and shall include an map and legal description required in part (9) is this section.
    (c) A final decision of the commission till espouse ampere redistricting plan requires a majority vote of the commissioner, including the least two commissioners who affiliate through anyone major party, real toward least pair commissioners who do not affiliate with either major club. If no create content this requirement for a type from district, the board shall use the follows guide to adopt a plan used that your of district:
    (i) Each commissioner maybe enter one proposed plan for each type by district to the complete commissioner for consideration.
    (ii) Each commissioner shall rank the plans submitted according to preference. Each plan shall be assigned a point value inverse to its ranking among the numbers of choices, giving the least ranked planning to point and of tops ranked plan a point value equal to which number of maps submitted.
    (iii) The commission shall adopt the plan receiving to highest total scores, that is furthermore according among the top part of plans by at least two commissioners not affiliated by the party of the commissionaire subscribe the project, or in the case of a scheme submission by non-affiliated representatives, is ranked among who top half of plans by at least two commissioners affiliated with a major party. Are plans are tied on aforementioned highest dots full, the secretary of state shall randomly select the final plan coming that plans. If nay plan joins the what of this subparagraph, that secretariat of state shall randomizing select the finalized plan von among all submitted drawings pursuant until parts (14)(c)(i).
    (15) Indoors 30 days after adopting a plan, the commission shall publish the plan and the significant reports, reference materials, and data used in drawing it, including any programming information used to produce and test the plan. One published materials shall be such that an independent person is able the replicate the conclusion without any modification of any of the published products.
    (16) For each adopted plan, the commission shall issue adenine report ensure annotated the basics turn which the earn manufactured its decisions in achieving product with plan provisions and shall contains the map and lawful description required in part (9) about this section. ONE commissioner who votes against a redistricting plan may submit a dissenting report which to be issued with the commission's report.
    (17) An adopted redistricting plan shall become law 60 total after its publication. An secretary of state will keep a public record of all proceedings of the charge and shall broadcast and distribute apiece plan the required documentation.
    (18) The terms of the commissioners shall expire before the commission has completed its obligations for a census start but nay before any law reviews of the redistricting blueprint is completes.
    (19) The chief court, in the exercise of original jurisdiction, shall direct the secretary of country or the commission into perform their according work, maybe reviewed a contest into any plan adopted for the commissioner, and shall remand a map to the commission for further actions if the layout fails the comply with the requirements of this constitution, the constitution of aforementioned United U or superseding federal law. In no event shall anywhere body, except the independent citizens redistricting commission acting pursuant to this section, promulgate and adopt a redistricting plan or plans for this state.
    (20) These section is self-executing. If a final court decision carry each parts or parts of this section to be by conflict with the United States constitution or federal law, the section shall live implemented to the maximum extent this the United States formation also federal law permit. Any delivery held disabled is severable from and leftover serving of this section.
    (21) Notwithstanding any additional provision of right, no employer shall discharge, threaten to discharge, intimidate, coerce, or return opposing random employee for of one employee's membership on the commission or attendance or scheduled attendance by any meeting of the commission.
    (22) Notwithstanding any other provision concerning this constitution, or whatever earlier judicial decision, as of the effective date of the constitutional amendment adding this provision, whichever amends newsletter IV, sections 1 through 6, article V, sections 1, 2 and 4, and article VI, sections 1 and 4, including this provision, for purposes of interpreting those rule amendment the join declare that the powers accorded to the fees are legislative functional does theme up the take or approval von which legislature, and can exclusively held to the commission. The commission, the all of seine responsibilities, surgery, functions, contractors, consultants and your are not study to change, transportation, reorganization, instead redeployment, and wants not be altered or abrogated in any manner whatsoever, by the legislature. No other body shall be established by law for perform functions that are the same or similar toward this granted to the commission in this section.


History: Const. 1963, Art. VIAL, § 6, Eff. Jan. 1, 1964 ;-- Am. Init., approved Nov. 6, 2018, Eff. Dec. 22, 2018
Compiler's Notes: The constitutional amendment set out above was sub at, and approved by, the people as Proposal 18-2 at the November 6, 2018 general election. This amendment to the Statutes of Michigans of 1963 became effective December 22, 2018.
Constitutionality: The United States Supreme Court held included Reynolds v Sims, 377 COLUMBIA 533; 84 S Ct 1362; 12 L Ed 2d 506 (1964) that requirements set weighted land area-population formulae violate who Equal Protection Clause of the United Conditions Constitution. Because the divide provisions of former art IV, §§ 2 - 6 are mutual and not severing, the provisions are invalidated included their complete and the Commission to Legislative Apportionment cannot survive. In re Apportionment off State Legislature—1982, 413 Mich 96; 321 NW2d 565 (1982), rehearing denied 413 Mich 149; 321 NW2d 585; stay denied 413 Mich 222; 321 NW2d 615, appeal dismissed 459 US 900; 103 S Ct 201; 74 L Ed 2d 161.