Session of 2019
House Concurrent Resolution No. 5006
By Representative Parker
2-7

1 A PROPOSITION to revise article 10 of the constitution of the state of
2 Kansas; relating to reapportionment of congressional districts,
3 legislative districts and state board of education member districts.
4
5 Be it resolved by the Legislature of the State of Kansas, two-thirds of the
6 members elected (or appointed) and qualified to the House of
7 Representatives and two-thirds of the members elected (or appointed)
8 and qualified to the Senate concurring therein:
9 Section 1. The following proposition to amend the constitution of
10 the state of Kansas shall be submitted to the qualified electors of the state
11 for their approval or rejection: Article 10 of the constitution of the state of
12 Kansas is hereby revised to read as follows:
13 "ARTICLE 10.—APPORTIONMENT OF
14 CONGRESSIONAL, LEGISLATIVE AND STATE
15 BOARD OF EDUCATION MEMBER DISTRICTS
16 "§ 1. Reapportionment of districts required. At its
17 regular session in 2022, and at its regular session every 10th year
18 thereafter, the legislature shall by law reapportion the United
19 States congressional districts, the state senatorial districts, the
20 state representative districts and the state board of education
21 member districts as provided by this article. Reapportionment
22 of such districts shall be on the basis of the population of the
23 state as established by the most recent census of population
24 taken and published by the United States bureau of the census.
25 Senatorial, representative and state board of education member
26 districts shall be reapportioned upon the basis of the population
27 of the state adjusted: (a) To exclude nonresident military
28 personnel stationed within the state and nonresident students
29 attending colleges and universities within the state; and (b) to
30 include military personnel stationed within the state who are
31 residents of the state and students attending colleges and
32 universities within the state who are residents of the state in the
33 district of their permanent residence.
34 "§ 4. Establishment of redistricting commission. (a) Not
35 later than February 15 of each year ending in one, a redistricting
36 commission shall be established to recommend to the legislature
 HCR 5006 2

1 redistricting plans for United States congressional districts, state
2 representative districts, state senatorial districts and state board
3 of education member districts.
4 (b) The redistricting commission shall consist of the
5 following members:
6 (1) One shall be appointed by the majority leader of the
7 senate;
8 (2) one shall be appointed by the majority leader of the
9 house of representatives;
10 (3) one shall be appointed by the minority leader of the
11 senate;
12 (4) one shall be appointed by the minority leader of the
13 house of representatives; and
14 (5) within 30 days after the appointments described in
15 paragraphs (1) through (4) have been made, but not later than
16 March 15 of the year in which the commission is established,
17 the four commission members so appointed shall select, by a
18 vote of at least three members, the fifth commission member,
19 who shall serve as chairperson.
20 (c) Any vacancy in the membership of the redistricting
21 commission shall be filled in the same manner as the original
22 appointment or selection.
23 (d) No person, while a member of the commission, shall:
24 (1) Hold any federal, state or local office; or
25 (2) be an employee of the Kansas legislature, state board
26 of education or United States congress.
27 (e) No person who has been a member of the redistricting
28 commission shall be eligible, within two years after being a
29 member of the commission, to:
30 (1) Be a member or employee of the Kansas legislature or
31 state board of education; or
32 (2) hold any appointive state or federal office.
33 (f) The legislature shall provide by law for payment of
34 compensation and expenses of members of the redistricting
35 commission and for adequate staff, office space, equipment and
36 materials for the commission.
37 (g) The terms of members of the redistricting commission
38 shall expire on July 1 of each year ending in two, and the
39 commission shall be inactive until reestablishment of the
40 commission pursuant to this section.
41 "§ 5. Commission procedure and recommendations. (a)
42 The redistricting commission shall establish rules and
43 procedures as necessary to carry out the commission's
 HCR 5006 3

1 functions. The rules and procedures shall include rules requiring
2 formal submission to the commission of all communications
3 with commission members. Ex parte communications with
4 members of the commission in relation to the merits of matters
5 before the commission shall be prohibited. Members of the
6 commission shall report any violations of this prohibition to the
7 attorney general and the legislature shall provide by law
8 criminal penalties for such violations.
9 (b) The redistricting commission shall conduct public
10 hearings throughout the state, including at least one public
11 hearing in each state board of education member district.
12 (c) In recommending redistricting plans, the redistricting
13 commission shall consider only the requirements of the
14 constitution of the state of Kansas and the constitution of the
15 United States, preservation of political subdivisions and
16 preservation of communities of interest. The commission shall
17 avoid placing more than one incumbent in a district except
18 when necessary due to changes in the population of the state.
19 Except as expressly provided in this subsection, the commission
20 shall not intentionally develop redistricting plans that favor or
21 discriminate against any individual, political party or group.
22 "§ 6. Legislative action; court review and action. (a) On
23 or before the first day of the regular legislative session in each
24 year ending in two, the redistricting commission shall introduce
25 in the house of representatives a bill reapportioning the state
26 representative districts and a bill reapportioning the United
27 States congressional districts, and shall introduce in the senate a
28 bill reapportioning the state senatorial districts and a bill
29 reapportioning the state board of education member districts.
30 The bills shall not be subject to amendment by either chamber
31 of the legislature and each such bill shall be acted upon by each
32 chamber within seven days after the bill is introduced in the
33 chamber.
34 (b) If a bill introduced pursuant to subsection (a) is not
35 enacted, the redistricting commission, within 10 days after
36 rejection of the bill by either chamber of the legislature or veto
37 of the bill by the governor, shall introduce another bill
38 reapportioning such districts. If the Kansas supreme court enters
39 a judgment that a bill introduced pursuant to subsection (a) is
40 invalid, the redistricting commission, within 10 days after entry
41 of the judgment, shall introduce another bill reapportioning
42 such districts. Introduction of a bill pursuant to this section shall
43 be in the same chamber as introduction of the original bill
 HCR 5006 4

1 pursuant to subsection (a). The bill shall not be subject to
2 amendment by either chamber and shall be acted upon by each
3 chamber within seven days after the bill is introduced in the
4 chamber.
5 (c) If a bill introduced pursuant to subsection (b) is not
6 enacted, the redistricting commission, within 10 days after
7 rejection of the bill by either chamber of the legislature or veto
8 of the bill by the governor, shall introduce another bill
9 reapportioning such districts. If the Kansas supreme court enters
10 a judgment that a bill introduced pursuant to subsection (b) is
11 invalid, the redistricting commission, within 10 days after entry
12 of the judgment, shall introduce another bill reapportioning
13 such districts. Introduction of a bill pursuant to this section shall
14 be in the same chamber as introduction of the original bill
15 pursuant to subsection (a). The bill shall be subject to
16 amendment by either chamber and shall be acted upon by each
17 chamber within 14 days after the bill is introduced in such
18 chamber. When a bill is introduced pursuant to this subsection,
19 the commission shall make the commission's staff and technical
20 resources available to the legislature for use in preparation and
21 consideration of amendments to the bill.
22 (d) If either chamber of the legislature rejects a bill
23 introduced pursuant to this section, or the governor vetoes the
24 bill, the chamber that rejects the bill, or the governor in the case
25 of a veto, shall transmit to the commission a letter stating the
26 reasons why the bill was not enacted, and the commission shall
27 take such reasons into consideration in introducing a bill
28 pursuant to this section, subject to the requirements of section
29 6(c). Any such letter shall be signed by both the speaker of the
30 house of representatives and the minority leader of the house of
31 representatives or both the president of the senate and the
32 minority leader of the senate.
33 (e) Reapportionment bills shall be published in the Kansas
34 register immediately upon final passage and approval by the
35 governor. The districts enacted shall be effective for the next
36 following regular election of legislators and thereafter until
37 again the districts are reapportioned, except that the senatorial
38 districts shall be effective for the next following regular election
39 at which all senators are elected.
40 (f) Within 15 days after publication of any
41 reapportionment bills enacted pursuant to this article, the
42 attorney general shall petition the Kansas supreme court to
43 determine the validity of the bill. The Kansas supreme court, in
 HCR 5006 5

1 accordance with its rules, shall permit interested persons to
2 present their views. Within 30 days after the filing of the
3 petition, the Kansas supreme court shall enter its judgment. A
4 judgment of the Kansas supreme court determining the bill to be
5 valid shall be final until reapportionment of the districts is again
6 required by this article.
7 "§ 7. Implementing legislation. The legislature may enact
8 legislation, not in conflict with the provisions of this article, as
9 reasonably necessary to implement such provisions."
10 Sec. 2. The following statement shall be printed on the ballot with
11 the amendment as a whole:
12 "Explanatory statement. Current article 10 of the constitution of
13 the state of Kansas governs reapportionment of state
14 legislative districts. It provides for reapportionment by the
15 legislature and requires that it be based on the most recent
16 census taken by the United States bureau of the census,
17 adjusted to exclude certain military personnel and certain
18 students residing at colleges and universities. The revision of
19 article 10 would govern reapportionment of the United
20 States congressional districts, state legislative districts and
21 the state board of education member districts. Under the
22 revision, a redistricting commission would be established to
23 recommend redistricting plans to the legislature. The
24 legislature would enact a plan which would be subject to
25 review by the Kansas supreme court. There would be strict
26 deadlines for legislative action. Reapportionment of
27 congressional districts, state legislative districts and state
28 board of education member districts would be based on the
29 most recent census taken by the United States bureau of the
30 census, adjusted to exclude certain military personnel and
31 certain students residing at colleges and universities.
32 "A vote for this proposition would change the procedure for
33 reapportionment of United States congressional, state
34 legislative and state board of education member districts.
35 "A vote against this proposition would continue the current
36 procedures and basis for reapportionment."
37 Sec. 3. This resolution, if approved by two-thirds of the members
38 elected (or appointed) and qualified to the House of Representatives, and
39 two-thirds of the members elected (or appointed) and qualified to the
40 Senate shall be entered on the journals, together with the yeas and nays.
41 The secretary of state shall cause this resolution to be published as
42 provided by law and shall cause the proposed amendment to be submitted
43 to the electors of the state at the general election in November in the year
 HCR 5006 6

1 2020, unless a special election is called at a sooner date by concurrent
2 resolution of the legislature, in which case it shall be submitted to the
3 electors of the state at the special election.