25 LC 47 3210
Senate Resolution 58
By: Senators Parent of the 44th, Jones II of the 22nd, Jackson of the 41st, Merritt of the 9th,
Orrock of the 36th and others
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that legislative and
1
congressional reapportionment be done by an independent nonpartisan commission instead2
of the General Assembly; to provide for definitions; to provide for the establishment of such3
commission; to provide for the qualifications and appointment of members of such4
commission; to provide for the filling of vacancies on the commission; to provide for powers,5
duties, responsibilities, and resources for such commission; to provide for guidelines for6
reapportionment; to provide for related matters; to provide for submission of this amendment7
for ratification or rejection; and for other purposes.8
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Article II of the Constitution is amended by adding a new Section IV to read as follows:11
"SECTION IV.
12
LEGISLATIVE AND CONGRESSIONAL REAPPORTIONMENT13
Paragraph I. Citizens' Redistricting Commission. (a) In each year following a year in14
which a United States decennial census is conducted or when congressional or legislative15
S. R. 58
- 1 - 25 LC 47 3210
redistricting is required by court order, the state's congressional districts and Senate and16
House of Representative districts shall be reapportioned in accordance with this17
Constitution and the United States Constitution. The state shall be reapportioned into a18
number of congressional districts equal to the number of congressional districts allocated19
to the state under the United States Constitution and federal law. The state shall also be20
reapportioned into not less than 30 nor more than 56 consecutively numbered senatorial21
districts and into not less than 120 nor more than 180 consecutively numbered22
representative districts. The term 'reapportionment,' as used in this section, means any23
redistricting process by which congressional and legislative district boundaries are24
established and the term 'reapportionment plan,' as used in this section, means any plan that25
implements any redistricting process.26
(b) In establishing district boundaries, the following exclusive standards shall govern:27
(1) Districts shall comply with the United States Constitution, the federal Voting28
Rights Act of 1965, as amended, and other applicable laws of the United States;29
(2) Districts shall not be drawn with the intent or result of denying or abridging the30
right of any citizen of the United States to vote on account of race, color, or31
language-minority status. A district does not satisfy this standard if, based on the totality32
of circumstances, the political processes leading to nomination or election in the state or33
political subdivision are not equally open to participation by members of a class of34
citizens protected by this Paragraph, in that its members have less opportunity than other35
members of the electorate to participate in the political process and to elect36
representatives of their choice, whether as a single group or acting in concert with others. 37
Any voter who is a member of such a class and who resides in a political subdivision38
where a violation of this subparagraph (b)(2) is alleged may file an action in the superior39
court of the county in which the political subdivision is located;40
(3) Districts shall be geographically contiguous;41
S. R. 58
- 2 - 25 LC 47 3210
(4) Plans, if for congressional redistricting, shall provide for zero deviation of total42
population per district and, if for redistricting of the House of Representatives or the43
Senate, shall provide for as close as practicable to zero deviation of total population44
among the districts, consistent with the standards set forth in this Paragraph;45
(5) District boundaries shall conform to existing county geographical boundaries to the46
extent practicable and to the extent there is no conflict with the standards set forth in this47
Paragraph;48
(6) Districts shall not breach precinct boundaries, and any agency or body authorized49
to create new precinct boundaries shall not breach district boundaries;50
(7) Except as otherwise required by this Paragraph:51
(A) No reapportionment plan or district shall be drawn with the intent to favor or52
disfavor a political party, incumbent, or other person or group; and53
(B) No reapportionment plan or district shall be drawn on the basis of maps existing54
prior to the enactment of this Paragraph; and55
(8) No use shall be made of any of the following data: residential addresses of56
incumbent legislators, perceived or actual political affiliations of registered voters, past57
election results, voting history data, or any demographic information other than58
population head counts.59
(c)(1) In each year following a year in which a United States decennial census is60
conducted or when congressional or legislative redistricting is required by court order,61
a Citizens' Redistricting Commission shall be established as provided in this Paragraph. 62
The Citizens' Redistricting Commission shall be the reapportionment body responsible63
for congressional and legislative redistricting.64
(2) The commission shall be composed of 14 members appointed as provided in this65
Paragraph.66
(3) The commission shall include five members who are identified with the political67
party whose candidate for Governor in the last general election to fill the office of68
S. R. 58
- 3 - 25 LC 47 3210
Governor received the highest number of votes, five members who are identified with the69
political party whose candidate for Governor in the last general election to fill the office70
of Governor received the next highest number of votes, and four members who are not71
identified with any political party. Identification with a political party shall mean that a72
person voted in the general primary of such political party in each of the three73
immediately preceding general primaries and publicly swears or affirms that he or she74
supports the political party and personally identifies as a member of the political party. 75
Not being identified with a political party shall mean that the person did not vote76
exclusively in the general primary of one political party in the three immediately77
preceding general primaries and publicly swears or affirms that he or she does not78
personally identify as a member of any political party.79
(4) Each commission member shall be a registered voter who, at the time of his or her80
selection to serve on the commission, has been continuously registered to vote in Georgia81
for the immediately preceding five-year period or longer and has voted in each of the82
three immediately preceding state-wide general elections.83
(5) No person shall be eligible to serve on the commission who has, within the84
immediately preceding ten-year period prior to his or her selection to serve on the85
commission, or whose immediate family member has, within the immediately preceding86
ten-year period prior to such person's selection to serve on the commission:87
(A) Been appointed or elected to or been a candidate for federal, state, or local office;88
(B) Served as an officer, employee, or paid consultant of a political party or body or89
of the campaign or campaign committee of a candidate for elective federal, state, or90
local office;91
(C) Served as an elected or appointed officer of a political party or body on a state92
or county executive committee;93
(D) Served as an appointee of the Governor;94
(E) Served as a registered federal, state, or local lobbyist;95
S. R. 58
- 4 - 25 LC 47 3210
(F) Served as a paid congressional or legislative staff member; or96
(G) Contributed $2,000.00 or more to any federal, state, or local candidate for97
elective public office in any year; such amount shall be adjusted every ten years by the98
Secretary of State by calculating the cumulative percentage increase in the consumer99
price index for Georgia or its successor index over the preceding ten-year period.100
Immediate family members include spouses, parents, siblings, and children.101
(6) Not later than January 1, 2030, and in each year ending in the number zero102
thereafter, the Chief Justice of the Supreme Court shall initiate an application process for103
service on the commission which shall be open to all registered electors in Georgia in a104
manner that promotes a diverse and qualified applicant pool reflecting the diverse105
demographics and geography of the state. Such applications shall be received through106
June 30 of such year and in each year ending in the number zero thereafter. Not later107
than July 1 of such year and in each year ending in the number zero thereafter, the Chief108
Justice shall establish a review panel consisting of three retired appellate or superior court109
judges to screen applicants for the commission. Not later than August 1 of such year and110
in each year ending in the number zero thereafter, the Chief Justice shall publicize the111
names of the applicants and deliver copies of their applications to the review panel.112
(7) The review panel shall review and verify the qualifications of the applicants and113
shall select 20 of the most qualified applicants who are identified with the political party114
whose candidate for Governor in the last general election to fill the office of Governor115
received the highest number of votes, 20 of the most qualified applicants who are116
identified with the political party whose candidate for Governor in the last general117
election to fill the office of Governor received the next highest number of votes, and 20118
of the most qualified applicants who are not identified with any political party. These119
subpools shall be created on the basis of relevant analytical skills, ability to be impartial,120
and appreciation of the diverse demographics and geography of the state. The members121
of the review panel shall not communicate with any member of the Georgia congressional122
S. R. 58
- 5 - 25 LC 47 3210
delegation, any member of the General Assembly, or any representative of any such123
member prior to the selection of the three subpools of applicants.124
(8) Not later than October 1, 2030, and in each year ending in the number zero125
thereafter, the review panel shall submit the three subpools of applicants to the Secretary126
of the Senate and the Clerk of the House of Representatives. Not later than127
November 15, 2030, and in each year ending in the number zero thereafter, the President128
Pro Tempore of the Senate, the minority leader of the Senate, the Speaker of the House129
of Representatives, and the minority leader of the House of Representatives may each130
strike up to two of the applicants from each subpool for a total of up to eight strikes from131
each subpool. After removing the names of those persons stricken from the subpools, the132
Secretary of the Senate and the Clerk of the House of Representatives shall deliver the133
pool of remaining names to the Chief Justice of the Supreme Court.134
(9) Not later than November 20, 2030, and in each year ending in the number zero135
thereafter, the Chief Justice shall randomly draw eight names from the applicants136
remaining. Three of the randomly drawn names shall be drawn from the subpool of137
applicants who identify with the political party whose candidate for Governor in the last138
general election to fill the office of Governor received the highest number of votes, three139
of the randomly drawn names shall be drawn from the subpool of applicants who identify140
with the political party whose candidate for Governor in the last general election to fill141
the office of Governor received the next highest number of votes, and two of the142
randomly drawn names shall be drawn from the subpool of applicants who do not identify143
with any political party. These persons shall serve on the commission.144
(10) Not later than December 31, 2030, and in each year ending in the number zero145
thereafter, the initial eight members of the commission selected as provided in146
subparagraph (c)(9) of this Paragraph shall review the names remaining in the pool of147
applicants following their selection and shall appoint an additional six persons from such148
remaining applicants. Two names shall be selected from the subpool of applicants who149
S. R. 58
- 6 - 25 LC 47 3210
identify with the political party whose candidate for Governor in the last general election150
to fill the office of Governor received the highest number of votes, two names shall be151
selected from the subpool of applicants who identify with the political party whose152
candidate for Governor in the last general election to fill the office of Governor received153
the next highest number of votes, and two names shall be selected from the subpool of154
applicants who do not identify with any political party. The six appointees must receive155
the affirmative vote of at least five of the initial eight members of the commission, which156
shall include at least two votes by members of the commission who identify with one of157
the political parties and one vote by a member of the commission who does not identify158
with any political party. Such additional sixth member of the commission shall be chosen159
to represent the state's diversity to include, but not be limited to, racial, ethnic,160
geographic, and gender diversity, provided that no formula or specific ratio shall be used161
for such purpose. Such members of the commission shall also be chosen for their162
analytical skills and ability to be impartial.163
(11) In the event of substantial neglect of duty, gross misconduct in office, or inability164
to discharge the duties of the office, a member of the commission may be removed by the165
review panel established by the Chief Justice pursuant to subparagraph (c)(6) of this166
Paragraph after having been served with written notice and provided with an opportunity167
for responding.168
(12) Vacancies on the commission shall be filled within 30 days following the169
occurrence of such vacancy by the remaining members of the commission by selecting170
a person from the same subpool of applicants from which the vacating member was171
selected as such subpool existed on November 20 of the year in which that pool was172
established. In the event that none of the remaining applicants are available for service,173
the Chief Justice of the Supreme Court shall create a new subpool following the general174
methodology of this subparagraph (c).175
S. R. 58
- 7 - 25 LC 47 3210
(13) The members of the commission shall select from among their number a176
chairperson to preside over meetings of the commission and a vice chairperson to act in177
the absence of the chairperson. The chairperson and vice chairperson shall not be from178
the same subpool. The commission may also select a secretary to keep the records of the179
commission and minutes of its meetings. Such person need not be a member of the180
commission.181
(14) Members of the commission shall be reimbursed for expenses incurred in the182
performance of their duties on the commission in the same manner as members of the183
General Assembly. The General Assembly is authorized to provide for the payment of184
reasonable compensation to the members of the commission. The General Assembly185
shall provide adequate funding to the commission, including the employment of a186
competent staff, in order for the commission to carry out its duties. The General187
Assembly shall provide adequate funding for the representation of the commission in any188
litigation, and the Department of Law shall have the responsibility for such189
representation. The commission shall have legal standing to seek judicial relief from the190
Supreme Court should the General Assembly fail to satisfy the requirements of this191
Paragraph. The Supreme Court shall have original jurisdiction to hear such actions and192
may appoint a special master to take testimony and evidence and determine factual issues193
necessary to resolve such actions.194
(d)(1) Before January 1 of a reapportionment year, a publicly accessible internet based195
redistricting portal shall be established to assist the public in drawing maps and providing196
input on the reapportionment process and allow members of the public to upload their197
own maps. Such portal shall allow any member of the public to submit written comments198
on any proposed plans.199
(2) Not later than April 15 of a reapportionment year, one or more initial proposed200
plans that satisfy the standards set forth in subparagraph (d)(1) of this Paragraph shall be201
created and published on the internet based redistricting portal. The plan or plans shall202
S. R. 58
- 8 - 25 LC 47 3210
be presented visually, in sufficient detail such that the public may visually inspect all203
district boundaries down to the residence level, and the plan or plans shall also include204
all data necessary for a third party to electronically recreate an accurate visual205
representation of such proposed plan or plans. The plan or plans shall be presented in a206
manner that will allow any member of the public to immediately inspect visually the207
proposed district in which they live as well as all neighboring districts. Not later than208
April 15 of a reapportionment year, a visual representation of the plan shall also be209
published for once a week for two consecutive weeks in the legal organ for each county.210
(3) Any initial proposed plan or plans published on the internet based redistricting211
portal shall also include a detailed explanation of the procedure or process used to create212
such plan or plans, including, but not limited to, all inputs, variables, factors, or other213
bases used to create such plan or plans, draft maps, formulae or algorithms, and any214
hardware or software relied upon to create such plan or plans. This subparagraph (d)(3)215
shall be construed to defeat any legal claim or defense that is brought or raised by any216
party to prevent the disclosure of such procedure or process, including, but not limited217
to, a claim or defense that such disclosure would constitute an unlawful disclosure of a218
trade secret or other confidential or proprietary information.219
(4) There shall be at least one public hearing in the highest-population municipality of220
each congressional district in this state, to be held no earlier than May 1 and no later than221
May 31 of a reapportionment year. At least two members of the commission shall be222
present at each public hearing, and one member of the commission shall preside and223
conduct the hearing. Visual representations of the proposed plan or plans shall be224
prominently presented at the hearing. The hearings shall be recorded and made available225
live and archived for public viewing on the internet. During each public hearing, the226
representatives shall present the initial proposed plan or plans, explain the procedure or227
process used to create such plan or plans, have available any plans submitted by the228
public and the commission's evaluation of such plan or plans, and hear public comments229
S. R. 58
- 9 - 25 LC 47 3210
and suggestions. Public notice of such meetings shall be published via the internet based230
redistricting portal and for once a week for two consecutive weeks in the legal organ for231
each county, not later than 14 days before the date of the hearing.232
(5) Not later than July 1 of a reapportionment year, all public comments submitted in233
writing or during a public hearing shall be processed and considered for purposes of234
revising any initial proposed plan or plans, and the basis for accepting or rejecting any235
such comments shall be published on the internet based redistricting portal;236
(6) Not later than August 1 of a reapportionment year, the final reapportionment plan237
shall be publicly presented on the internet based redistricting portal and such plan shall238
be certified to the Secretary of State. Such plan shall comply with all presentation239
requirements set forth in subparagraph (d)(2) of this Paragraph.240
(7) All meetings, discussions, and deliberations concerning reapportionment shall be241
conducted in public, and public notice of such meetings, discussions, and deliberations242
shall be published on the internet based redistricting portal 14 days in advance. All243
communications, including electronic communications, shall be made available to the244
public for inspection and copying.245
(8) All communications with any party not hired or contracted to perform, or not246
responsible for performing, the duties set forth in this Paragraph are strictly prohibited. 247
Such prohibition shall not apply to any public communications explicitly authorized by248
this Paragraph.249
(9) Nothing in this subparagraph (d) shall be construed as limiting any obligations set250
forth in statute relating to disclosure of public records and open meetings which shall251
apply to this Paragraph or any other such applicable laws.252
(10) A plaintiff interested in having the duties or prohibitions set forth in this253
Paragraph enforced may seek a writ of mandamus to compel due performance of the254
duties set forth in this Paragraph or writ of prohibition, whichever is proper. A writ of255
S. R. 58
- 10 - 25 LC 47 3210
prohibition shall be permitted to enforce the prohibitions set forth in this Paragraph. Lack256
of clarity or specificity shall not constitute a defense in any such actions.257
(e)(1) Within 15 days after the final reapportionment plan is certified to the Secretary of258
State, any citizen of this state may petition the Supreme Court of Georgia for a259
declaratory judgment determining the validity of the reapportionment under the standards260
set forth in subparagraph (b) of this Paragraph. The Supreme Court shall have original261
jurisdiction of such actions and may appoint a special master to take testimony and262
evidence and determine factual issues necessary to resolve such actions. The Supreme263
Court, in accordance with its rules, shall permit adversary interests to present their views264
and, within 60 days from the filing of the petition, shall enter its judgment. Should no265
petition be filed, the reapportionment plan shall take effect.266
(2) A judgment of the Supreme Court determining the reapportionment to be valid shall267
be binding upon all the citizens of the state. Should the Supreme Court determine that268
the reapportionment is invalid, the reapportionment body shall reconvene within five days269
thereafter and, within 15 consecutive days, revise the reapportionment plan to conform270
to the judgment of the Supreme Court, and certify such second reapportionment to the271
Secretary of State.272
(3) Within 15 days after such second reapportionment is certified, any citizen of this273
state may petition the Supreme Court for a declaratory judgment determining the validity274
of the second reapportionment under the standards set forth in subparagraph (b) of this275
Paragraph. Consideration of the validity of the second reapportionment shall be had as276
provided for in subparagraph (e)(1) of this Paragraph. Should no petition be filed, the277
second reapportionment plan shall take effect.278
(4) Should no second reapportionment be certified within the time limit, or should the279
Supreme Court determine that such second reapportionment is invalid, the court shall, not280
later than 60 days after receiving the petition, file with the Secretary of State an order281
making such reapportionment.282
S. R. 58
- 11 - 25 LC 47 3210
(5) The commission shall have standing in legal actions regarding the redistricting283
plan."284
SECTION 2.285
Article III, Section II of the Constitution is amended by revising Paragraph II as follows:286
"Paragraph II. Apportionment of General Assembly. The General Assembly shall287
apportion the Senate and House districts. Such districts shall be composed of contiguous288
territory. The apportionment of the Senate and of the House of Representatives shall be289
changed by the General Assembly as necessary after each United States decennial census."290
SECTION 3.291
The above proposed amendment to the Constitution shall be published and submitted as292
provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the293
above proposed amendment shall have written or printed thereon the following:294
"( ) YES295
( ) NO296
297
Shall the Constitution of Georgia be amended so as to provide for the creation
of an independent nonpartisan citizens' redistricting commission composed
of Georgia voters to conduct legislative and congressional redistricting?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."
298
All persons desiring to vote against ratifying the proposed amendment shall vote "No." If299
such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall300
become a part of the Constitution of this state.301
S. R. 58
- 12 -