H.B. 574
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 3, 2019
SESSION 2019 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH50073-LUy-93A*
Short Title: Fix Our Democracy. (Public)
Sponsors: Representatives Clemmons, Autry, Dahle, and Graham (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT AMENDING THE NORTH CAROLINA CONSTITUTION TO ESTABLISH THE
3 CITIZENS REDISTRICTING COMMISSION; REENACTING LEGISLATION THAT
4 ESTABLISHED A NONPARTISAN METHOD OF ELECTING SUPREME COURT
5 JUSTICES AND COURT OF APPEALS JUDGES BEGINNING 2020; EXTENDING THE
6 WAITING PERIOD FOR FORMER LEGISLATORS WHO BECOME LOBBYISTS;
7 MODERNIZING THE VOTER REGISTRATION PROCESS BY ESTABLISHING THE
8 FAIR ELECTIONS PROGRAM; INCREASING TRANSPARENCY IN THE
9 LEGISLATIVE PROCESS BY REQUIRING FORTY-EIGHT HOURS NOTICE OF
10 MEETINGS OF ALL LEGISLATIVE COMMITTEES; AND DIRECTING THE
11 LEGISLATIVE SERVICES OFFICER TO DEVELOP A PLAN TO PROVIDE LIVE
12 VIDEO AND AUDIO STREAMING OF ALL MEETINGS OF LEGISLATIVE
13 COMMITTEES AND COMMISSIONS MEETING IN THE LEGISLATIVE COMPLEX.
14 Whereas, short-term political incentives are currently set against the long-term public
15 good; and
16 Whereas, the needed reforms are generally well known and likely inevitable; and
17 Whereas, there is no constituency for political self-serving but universal demand for
18 our service to others; and
19 Whereas, restoring the people's trust in our work begins with restoring the people's
20 fundamental role in our elections; Now, therefore,
21 The General Assembly of North Carolina enacts:
22
23 PART I. CITIZENS REDISTRICTING COMMISSION
24 SECTION 1.1. Effective beginning with the redistricting done upon the return of the
25 2020 decennial census, Section 3 of Article II of the North Carolina Constitution reads as
26 rewritten:
27 "Sec. 3. Senate districts; apportionment of Senators.
28 The Senators shall be elected from districts. The General Assembly, at the first regular session
29 convening The Citizens Redistricting Commission, beginning as soon as practical after the return
30 of every decennial census of population taken by order of Congress, shall revise the senate
31 districts and the apportionment of Senators among those districts, subject to the following
32 requirements:so that, to the extent possible, those districts meet the following goals:
33 (1) Each Senator shall represent, as nearly as may be, an equal number of inhabitants, the
34 number of inhabitants that each Senator represents being determined for this purpose by dividing
35 the population of the District that he represents by the number of Senators apportioned to that
36 district;The goal of one person, one vote to ensure each voter's vote.
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1 (2) Each senate district shall at all times consist of contiguous territory;The goal of
2 minimizing the number of split counties, municipalities, and other communities of interest.
3 Precincts shall not be split in the preparation of a plan for State Senate districts, except to the
4 extent necessary to comply with federal law. All districts shall be contiguous.
5 (3) No county shall be divided in the formation of a senate district;The goal of
6 compactness, to avoid elongated and irregularly shaped districts.
7 (4) A plan adopted by the Citizens Redistricting Commission shall have the force and
8 effect of acts of the General Assembly. When established, the senate districts and the
9 apportionment of Senators shall remain unaltered until the return of another decennial census of
10 population taken by order of Congress."
11 SECTION 1.2. Effective beginning with the redistricting done upon the return of the
12 2020 decennial census, Section 5 of Article II of the North Carolina Constitution reads as
13 rewritten:
14 "Sec. 5. Representative districts; apportionment of Representatives.
15 The Representatives shall be elected from districts. The General Assembly, at the first regular
16 session convening The Citizens Redistricting Commission, as soon as practical after the return
17 of every decennial census of population taken by order of Congress, shall revise the
18 representative districts and the apportionment of Representatives among those districts, subject
19 to the following requirements:so that, to the extent possible, those districts meet the following
20 goals:
21 (1) Each Representative shall represent, as nearly as may be, an equal number of
22 inhabitants, the number of inhabitants that each Representative represents being determined for
23 this purpose by dividing the population of the district that he represents by the number of
24 Representatives apportioned to that district;The goal of one person, one vote to ensure each
25 voter's vote.
26 (2) Each representative district shall at all times consist of contiguous territory;The goal
27 of minimizing the number of split counties, municipalities, and other communities of interest.
28 Precincts shall not be split in the preparation of a plan for State House of Representatives
29 districts, except to the extent necessary to comply with federal law. All districts shall be
30 contiguous.
31 (3) No county shall be divided in the formation of a representative district;The goal of
32 compactness, to avoid elongated and irregularly shaped districts.
33 (4) A plan adopted by the Citizens Redistricting Commission shall have the force and
34 effect of acts of the General Assembly. When established, the representative districts and the
35 apportionment of Representatives shall remain unaltered until the return of another decennial
36 census of population taken by order of Congress."
37 SECTION 1.3. Effective January 1, 2020, Article II of the North Carolina
38 Constitution is amended by adding a new section to read:
39 "Sec. 25. Citizens Redistricting Commission.
40 (1) Establishment. There is established the Citizens Redistricting Commission to adopt
41 plans for the House of Representatives of the Congress of the United States and for the Senate
42 and House of Representatives of the General Assembly.
43 (2) No person shall be eligible for appointment to the Commission if any of the following
44 apply:
45 (a) The individual, or a relative thereof as defined by law, has done any of the
46 following:
47 1. Been appointed to, elected to, or been a candidate for any elective
48 public office, or been appointed to a State board or commission.
49 2. Served as an officer or executive committee member of a political
50 party, or as an officer, paid employee, or paid consultant of a
51 candidate's campaign committee.
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1 3. Been a lobbyist registered under Chapter 120C of the General Statutes.
2 (b) The individual is or has ever been an employee of the General Assembly or
3 Congress, or is or has ever been a consultant or under contract with the
4 General Assembly or Congress.
5 (c) The individual has ever had a financial relationship with the Governor.
6 (d) The individual has ever contributed more than one thousand dollars ($1,000)
7 to any candidate for public office.
8 (3) No member of the Commission shall be eligible, during service on the Commission
9 or within five years after service on the Commission, to do any of the following:
10 (a) Be appointed to a State board or commission.
11 (b) Serve as an officer or executive committee member of a political party, or as
12 an officer, paid employee, or paid consultant of a candidate's campaign
13 committee.
14 (c) Register as a lobbyist under Chapter 120C of the General Statutes.
15 (4) Membership application. Any citizen of North Carolina may apply to the State
16 Auditor to be a member of the Citizens Redistricting Commission. The Auditor shall evaluate
17 applications to ensure they meet the requirements of this section and any other requirements of
18 State law. The Auditor shall submit all eligible applications to the General Assembly.
19 (5) Appointment. The Citizens Redistricting Commission shall be composed of 15
20 members appointed from the pool of candidates submitted to the General Assembly as follows:
21 (a) Two persons affiliated with the political party with the highest number of
22 registered affiliates by the President Pro Tempore of the Senate.
23 (b) Two persons affiliated with the political party with the second-highest number
24 of affiliates by the minority leader in the Senate.
25 (c) Two persons affiliated with the political party with the highest number of
26 registered affiliates by the Speaker of the House of Representatives.
27 (d) Two persons affiliated with the political party with the second-highest number
28 of registered affiliates by the minority leader in the House of Representatives.
29 (e) Five persons not affiliated with either of the two political parties having the
30 highest and second-highest number of registered affiliates, one person
31 affiliated with the political party with the highest number of registered
32 affiliates, and one person affiliated with the political party with the
33 second-highest number of registered affiliates, each person by a vote of at least
34 six members appointed pursuant to subdivisions (a), (b), (c), and (d) of this
35 subsection.
36 (f) All appointing authorities shall consider the importance of racial, ethnic,
37 geographic, and gender diversity when making their appointments.
38 (6) Term of office. The term of office for members of the Commission shall begin on
39 April 1 of the year the member is selected, and shall continue for four years, and until a successor
40 is appointed and qualified. Members shall not serve more than three consecutive full terms.
41 (7) Vacancies. Any vacancy occurring in the membership of the Citizens Redistricting
42 Commission shall be filled in the manner prescribed in this section for the appointment of that
43 member by the authority that made the initial appointment. Vacancies shall be filled for the
44 remainder of the unexpired term.
45 (8) Duties and adoption of plans. The Citizens Redistricting Commission shall prepare
46 and adopt plans for revising the districts and apportioning the members of districts for the House
47 of Representatives of the United States Congress and the Senate and House of Representatives
48 of the General Assembly. Plans shall be adopted by a vote of at least three members from each
49 of the following groups:
50 (a) The members affiliated with the political party having the highest number of
51 registered affiliates.
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1 (b) The members affiliated with the political party having the second-highest
2 number of registered affiliates.
3 (c) The members not affiliated with either of the two political parties having the
4 highest number of registered affiliates.
5 (9) Special master. As soon as practicable after the return of the decennial census of
6 population taken by order of Congress, the Citizens Redistricting Commission shall appoint a
7 special master from a list of names provided by the State Auditor. The special master shall be
8 appointed by a vote in the Commission of at least three members from each of the groups listed
9 in subdivisions (a) through (c) of subsection (8) of this section. In the event the Citizens
10 Redistricting Commission is unable to adopt a plan in accordance with subsection (8) of this
11 section, the special master shall draw a final plan and submit that plan, along with the rationale
12 for the plan, to the Citizens Redistricting Commission. The Commission shall adopt that plan.
13 (10) Dismissal in certain circumstances. In the event the Citizens Redistricting
14 Commission is unable to adopt a plan pursuant to subsection (8) of this section and select a
15 special master pursuant to subsection (9) of this section, the members of the Commission shall
16 be dismissed, effective immediately, and ineligible to serve on any future Citizens Redistricting
17 Commission. No later than 15 days after this dismissal, the appointing authorities shall appoint
18 new members of the Commission pursuant to subsection (5) of this section."
19 SECTION 1.4. The amendments set out in Sections 1.1 through 1.3 of this act shall
20 be submitted to the qualified voters of the State at the primary election in March 2020, which
21 election shall be conducted under the laws then governing elections in the State. Ballots, voting
22 systems, or both may be used in accordance with Subchapter III of Chapter 163A of the General
23 Statutes. The question to be used in the voting systems and ballots shall be:
24 "[ ] FOR [ ] AGAINST
25 A constitutional amendment providing for the creation of a 15-member Citizens
26 Redistricting Commission with membership divided among persons affiliated with the two major
27 political parties and persons who are politically unaffiliated. The Citizens Redistricting
28 Commission would adopt districting plans for members of the General Assembly and the House
29 of Representatives of the United States Congress. If the Citizens Redistricting Commission could
30 not agree to adopt any districting plan, a special master appointed by the Commission would
31 draw that plan."
32 SECTION 1.5. If a majority of votes cast on the question are in favor of the
33 amendments set out in Sections 1.1 through 1.3 of this act, the State Board of Elections shall
34 certify the amendments to the Secretary of State. The Secretary of State shall enroll the
35 amendments so certified among the permanent records of that office. The amendments set out in
36 Sections 1.1 through 1.3 of this act are effective upon certification.
37 SECTION 1.6. Chapter 120 of the General Statutes is amended by adding a new
38 Article to read:
39 "Article 1B.
40 "Redistricting.
41 "§ 120-4.50. Definitions.
42 As used in this Article, unless the context requires otherwise, the following definitions shall
43 apply:
44 (1) Census Bureau. – The United States Bureau of the Census.
45 (2) Commission. – The Citizens Redistricting Commission established pursuant
46 to Section 25 of Article II of the North Carolina Constitution.
47 (3) Congressional districts or plans. – Districts or plans for the House of
48 Representatives of the United States Congress.
49 (4) Federal census. – The decennial census required by federal law to be
50 conducted by the Census Bureau in every year ending in zero.
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1 (5) Ideal population. – The number determined by dividing the number of
2 members in a plan into the population of the State as reported in the federal
3 census.
4 (6) Legislative districts or plans. – Districts or plans for the Senate and House of
5 Representatives of the General Assembly.
6 (7) Plan. – A plan for legislative or congressional reapportionment drawn in
7 accordance with this Article.
8 (8) Public office. – For purposes of membership eligibility under Section 25 of
9 Article II of the North Carolina Constitution, "public office" refers to elective
10 State, local, or federal office.
11 (9) Relative. – For purposes of membership eligibility under Section 25 of Article
12 II of the North Carolina Constitution, a "relative" is an individual who is
13 related to the person in question as father, mother, son, daughter, brother,
14 sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandfather,
15 grandmother, father-in-law, mother-in-law, son-in-law, daughter-in-law,