Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to the Arkansas
                                                  Constitution.
 State of Arkansas                   As Engrossed:       S3/7/23
 94th General Assembly
 Regular Session, 2023                                                                           SJR 1
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 By: Senator B. King
 6
                             SENATE JOINT RESOLUTION
                AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO AMEND
                CONSTITUTIONAL PROVISIONS CONCERNING APPORTIONMENT;
                AND TO CREATE THE ARKANSAS APPORTIONMENT COMMISSION.
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                                              Subtitle
                         A CONSTITUTIONAL AMENDMENT TO AMEND
                         CONSTITUTIONAL PROVISIONS CONCERNING
                         APPORTIONMENT; AND TO CREATE THE ARKANSAS
                         APPORTIONMENT COMMISSION.
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 BE IT RESOLVED BY THE SENATE OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE
 STATE OF ARKANSAS, AND BY THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL
 MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO:
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        THAT the following is proposed as an amendment to the Constitution of
 the State of Arkansas, and upon being submitted to the electors of the state
 for approval or rejection at the next general election for Representatives
 and Senators, if a majority of the electors voting thereon at the election
 adopt the amendment, the amendment shall become a part of the Constitution of
 the State of Arkansas, to wit:
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        SECTION 1.       Arkansas Constitution, Article 8, § 1, is amended to read
 as follows:
        § 1.    Board of apportionment Apportionment created — Powers and duties.
        (a)    A Board board to be known as "The Board of Apportionment,",
 consisting of the Governor (who shall be Chairman Chair), the Secretary of
 State, and the Attorney General is hereby created and it shall be its
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     As Engrossed:     S3/7/23                                                     SJR1
 imperative duty to make approve the apportionment of senators and
 representatives in accordance with the provisions hereof; the.     The action of
 a majority in each instance shall be deemed the action of said board.
       (b)    The board shall appoint members to the Arkansas Apportionment
 Commission and approve or reject reports issued by the commission.
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       SECTION 2.    Arkansas Constitution, Article 8, § 2, is amended to read
 as follows:
       § 2.    One hundred members in House of Representatives — Apportionment.
       The House of Representatives shall consist of one hundred members and
 each county existing at the time of any apportionment shall have at least one
 representative; the remaining members shall be equally distributed (as nearly
 as practicable) among the more populous counties of the State, in accordance
 with a ratio to be determined by the population of said counties as shown by
 the Federal census next preceding any apportionment hereunder
       The House of Representatives shall consist of one hundred (100)
 members.     The Arkansas Apportionment Commission, subject to the approval of
 the Board of Apportionment, shall from time to time divide the state into one
 hundred (100) convenient House of Representatives districts.
 The districts shall have an equal population, or as nearly equal as
 practicable if consistent with the decisions of the Arkansas Apportionment
 Commission under this article, in accordance with the population of the state
 as shown by the federal census next preceding any apportionment under this
 article.
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       SECTION 3.    Arkansas Constitution, Article 8, § 3, is amended to read
 as follows:
       § 3.    Senatorial districts — Thirty-five members of Senate.
       The Senate shall consist of thirty-five members. Senatorial districts
 shall at all times consist of contiguous territory, and no county shall be
 divided in the formation of such districts.    "The Board of Apportionment"
 hereby created shall, from time to time, divide the state into convenient
 senatorial districts in such manner as that the Senate shall be based upon
 the inhabitants of the state, each senator representing, as nearly as
 practicable, an equal number thereof; each district shall have at least one
 senator
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     As Engrossed:    S3/7/23                                                      SJR1
      The Senate shall consist of thirty-five (35) members.     The Arkansas
 Apportionment Commission, subject to the approval of the Board of
 Apportionment, shall from time to time divide the state into thirty-five (35)
 convenient Senate districts.    The districts shall have an equal population,
 or as nearly equal as practicable if consistent with the decisions of the
 Arkansas Apportionment Commission under this article, in accordance with the
 population of the state as shown by the federal census next preceding any
 apportionment under this article.
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      SECTION 4.    Arkansas Constitution, Article 8, § 4, is amended to read
 as follows:
      § 4.     Duties of Arkansas Apportionment Commission and Board of
 Apportionment.
      On or before February 1 immediately following each Federal federal
 decennial census, said board the Arkansas Apportionment Commission shall
 reapportion the State state for Representatives, senators and
 representatives.    The commission shall issue a report to the Board of
 Apportionment, which shall either accept or reject the report.   If the board
 accepts the report, and in each instance said the board shall file its the
 report with the Secretary of State, setting forth (a) the basis of population
 adopted for senators and representatives; and (b) the number of senators and
 representatives assigned to each county;. whereupon, after After 30 thirty
 (30) days from such filing date, the apportionment thus made shall become
 effective unless proceedings for revision be instituted in the Supreme Court
 within said period.
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      SECTION 5.    Arkansas Constitution, Article 8, § 5, is amended to read
 as follows:
      § 5.     Mandamus to compel Arkansas Apportionment Commission and Board of
 Apportionment to act.
      Original jurisdiction (to be exercised on application of any citizens
 and taxpayers) is hereby vested in the Supreme Court of the State (a) to
 compel (by mandamus or otherwise) the board Arkansas Apportionment Commission
 and the Board of Apportionment to perform its their duties as here directed,
 and (b) to revise any arbitrary action of or abuse of discretion by the board
 in making such apportionment, and (c) to reapportion the state for senators
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     As Engrossed:        S3/7/23                                                       SJR1
 and representatives if the report of the commission is rejected three (3)
 times by the board; provided any such application for revision or
 reapportionment shall be filed with said the Supreme Court within 30 thirty
 (30) days after the filing acceptance or the third rejection of the report of
 apportionment by said board with the Secretary of State; if revised or
 reapportioned by the court, a certified copy of its judgment shall be by the
 clerk thereof forthwith transmitted to the Secretary of State, and thereupon
 be and become a substitute for the apportionment made by the commission and
 the board.
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       SECTION 6.       Arkansas Constitution, Article 8, is amended to add
 additional sections to read as follows:
       § 7.     Arkansas Apportionment Commission — Creation.
       (a)    There is created the Arkansas Apportionment Commission.
       (b)(1)     The commission shall consist of nine (9) members.
                (2)    Three (3) members shall be appointed by the Governor, three
 (3) members shall be appointed by the Secretary of State, and three (3)
 members shall be appointed by the Attorney General.
                (3)    Of the nine (9) members of the commission:
                        (A)     At least one (1) member shall be educated in the field
 of mathematics;
                        (B)     At least one (1) member shall be a licensed attorney;
 and
                        (C)     At least one (1) member shall be competent in the
 field of computer-assisted cartography.
       (c)    Members of the commission shall be appointed on or before January
 15 immediately following each federal decennial census and shall serve terms
 of ten (10) years, with each term beginning on the January 15 immediately
 following the federal decennial census and ending on the January 14
 immediately following the next occurring federal decennial census.
       (d)    Vacancies on the commission shall be filled in the manner of the
 original appointment for the remainder of the term.
       (e)    Five (5) members of the commission shall constitute a quorum for
 the purpose of transacting business.
       (f)    A majority vote of the total membership of the commission is
 required for any action of the commission.
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     As Engrossed:       S3/7/23                                                  SJR1
      (g)   The office of the Secretary of State shall provide staff
 assistance as may be requested by the commission.
      (h)   Each member of the commission shall:
               (1)    Be a registered voter of the state;
               (2)    Not be a registered lobbyist at the state or federal level
 or have been registered as a lobbyist at the state or federal level within
 one (1) year of the date of his or her appointment to the commission; and
               (3)    Not be a current elected official, an elected state,
 district, or county political party official, or have served as an elected
 official or elected state, district, or county political party official
 within two (2) years of the date of appointment.
      (i)   A member of the commission shall not campaign for elected office
 or actively participate in or contribute to the campaign of a person running
 for a state or federal elected office during his or her term of office or for
 two (2) years after his or her term of office.
      (j)(1)     The commission, by a majority vote of the total membership of
 the commission cast during its first meeting following each federal decennial
 census, may authorize payment to its members of a stipend not to exceed
 eighty-five dollars ($85.00) per day for each meeting attended or for any day
 while performing any proper business of the commission.
               (2)    Stipends shall be paid by the Auditor of State from funds
 available for that purpose.
               (3)    Members of the commission shall receive no other
 compensation, expense reimbursement, or in-lieu-of payments for their service
 on the commission.
      (k)   In addition to taking and subscribing to the oath under Arkansas
 Constitution, Article 19, § 20, each member of the commission shall take and
 subscribe to an oath of affirmation that their official decisions will be
 based on the values of political neutrality and the public interest and not
 on any attempt to further the interests of any particular private person,
 private interest, or political party.
      (l)   A person appointed to serve on the commission may be appointed to
 serve subsequent terms on the commission.
      (m)   The commission shall be subject to the Freedom of Information Act
 of 1967, Arkansas Code § 25-19-101 et seq.
      (n)(1)     The commission shall retain all records related to
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     As Engrossed:       S3/7/23                                                      SJR1
 reapportioning the state for senators and representatives, including without
 limitation all communications received by members of the commission and the
 commission's staff regarding how the state should be reapportioned for
 senators, representatives, or both senators and representatives.
               (2)    If a member of the commission or a member of the
 commission's staff receives a verbal communication regarding how the state
 should be reapportioned for senators, representatives, or both senators and
 representatives, the member or staff shall document the verbal communication
 in writing.
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      § 8.     Powers and duties of Arkansas Apportionment Commission – Approval
 by Board of Apportionment.
      (a)(1)(A)       On or before February 1 immediately following each federal
 decennial census, the Arkansas Apportionment Commission shall convene to
 reapportion the state for senators and representatives.
                       (B)     The Governor shall call the first meeting of the
 commission following each federal decennial census.
                       (C)     The commission shall elect a chair and other officers
 it deems necessary at its first meeting following each federal decennial
 census.
               (2)    If the population information resulting from the federal
 decennial census is not available on February 1 immediately following a
 federal decennial census, the commission shall convene to reapportion the
 state for senators and representatives as soon as practicable.
      (b)(1)     When reapportioning the state for senators and representatives,
 the commission shall consider the following criteria in the order stated in
 this subsection:
                       (A)     Population equality;
                       (B)     Any applicable federal civil rights laws;
                       (C)     Contiguity;
                       (D)     Avoiding the division of cities and counties;
                       (E)     Avoiding the division of school districts;
                       (F)     Avoiding the division of areas marked by geographical
 features such as mountains or rivers;
                       (G)     Compactness; and
                       (H)     The drawing of House districts wholly within Senate
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     As Engrossed:           S3/7/23                                                         SJR1
 districts.
                   (2)(A)     The commission may consider the criteria stated under
 subdivision (b)(1) of this section in an order determined by the commission
 if it reasonably determines that the commission should deviate from the order
 stated in subdivision (b)(1) of this section.
                                   (B)   A determination to deviate from the order stated
 in subdivision (b)(1) of this section shall be based on:
                                         (i)     Fairness;
                                         (ii)    Administrative efficiency; or
                                         (iii)       Both fairness and administrative
 efficiency.
          (c)   Unless otherwise required by law, the commission shall not
 consider the following when reapportioning the state for senators and
 representatives:
                   (1)    Political affiliation of residents;
                   (2)    Previous election results;
                   (3)    Residence of an incumbent elected official;
                   (4)    Communities of interest; or
                   (5)    Any demographic information other than population.
          (d)(1)     The commission shall prepare a report and submit the report to
 the Board of Apportionment.
                   (2)    The report shall include:
                            (A)    The basis of population adopted for senators and
 representatives; and
                            (B)    The number of senators and representatives assigned to
 each county.
                   (3)(A)     The board may choose to accept the report or reject the
 report and request that the commission make revisions.
                            (B)    The board may reject the report no more than three (3)
 times.
          (e)(1)     If the board rejects the report of the commission three (3)
 times, the apportionment shall be made by the Supreme Court.
                   (2)    If the board accepts the report, it shall file the report
 with the Secretary of State under Section 4 of this article.
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          SECTION 7.        EFFECTIVE DATE.      This amendment is effective on and after
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     As Engrossed:      S3/7/23                                                     SJR1
 January 1, 2025.
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      SECTION 8.      BALLOT TITLE AND POPULAR NAME.   When this proposed
 amendment is submitted to the electors of this state on the general election
 ballot:
              (1)    The title of this Joint Resolution shall be the ballot
 title; and
              (2)    The popular name shall be "A Constitutional Amendment To
 Amend Constitutional Provisions Concerning Apportionment and to Create the
 Arkansas Apportionment Com