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AN ACT proposing to amend the Constitution of Kentucky relating to redistricting. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. Are you in favor of creating a new section and amending Section 33 3
of the Constitution of Kentucky to establish a Citizens Redistricting Commission to be 4
randomly selected by the Secretary of State, which will create and adopt redistricting 5
plans for state senatorial, state representative, and congressional districts every 10 years, 6
ending the current practice of creation and adoption of redistricting plans by the General 7
Assembly? 8
SECTION 2. IT IS PROPOSED THAT A NEW SECTION BE ADDED TO 9
THE CONSTITUTION OF KENTUCKY TO READ AS FOLLOWS: 10
(1) An independent citizens redistricting commission for state legislative and 11
congressional districts is hereby established as a permanent commission of the 12
legislative branch and shall be known as the Citizens Redistricting Commission. The 13
commission shall consist of thirteen commissioners, and shall adopt a redistricting 14
plan for State Senatorial Districts, State Representative Districts, and Congressional 15
Districts. 16
(2) The Secretary of State shall randomly select the thirteen commissioners by 17
selection pools, in a manner using statistical weighting methods to ensure that each 18
pool, as closely as possible, mirrors the geographic and demographic makeup of the 19
Commonwealth. 20
(3) The commission shall have the exclusive authority to compose and adopt 21
plans, seek experts and legal counsel, conduct hearings and meetings, purchase 22
software and equipment, hire staff and consultants, and engage in any other activity 23
necessary to assist the commission in its preparation of State Senatorial plans, State 24
Representative plans, or Congressional plans. 25
(4) The commission shall have legal standing to prosecute and defend any 26
action regarding an adopted plan. 27 UNOFFICIAL COPY 24 RS BR 116
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(5) The commission may elect its own chairperson and make its own rules of 1
procedure. Any amendments or changes to a law or procedure relating to the adoption 2
of the redistricting plan or selection of commissioners shall require an affirmative vote 3
of at least ten commissioners. 4
(6) The General Assembly may create or amend laws to assist the commission 5
in the performance of its duties, but it shall not create or amend any law that would 6
alter the number of votes required to adopt a plan, alter the selection process of the 7
commissioners, or otherwise prevent the commission from performing its constitutional 8
duties under this section or Section 33 of this Constitution. 9
(7) The commission shall hold at least twelve public hearings throughout the 10
Commonwealth for the purpose of: 11
(a) Informing the public about the redistricting process and the purpose and 12
responsibilities of the commission; and 13
(b) Soliciting information from the public about potential plans. 14
(8) A redistricting plan shall be adopted if at least ten commissioners vote to 15
adopt the plan. If a plan cannot attain an affirmative vote of ten commissioners, then 16
each commissioner shall rank the submitted plans by preference, and the plan with the 17
highest point total shall be adopted. The commission shall submit adopted plans and 18
any material reports, reference materials, and data used in drawing the plan, including 19
any programming information used to produce and test the plan, to the Secretary of 20
State. A redistricting plan adopted by the commission shall be published by the 21
Secretary of State and shall become law sixty days after publication. 22
(9) Under no circumstances shall any body other than the commission adopt a 23
redistricting plan or plans for this Commonwealth. 24
(10) The Kentucky Supreme Court, in the exercise of original jurisdiction, shall 25
direct the Secretary of State or the commission to perform their respective duties under 26
this section and Section 33 of this Constitution, and may review a challenge to any 27 UNOFFICIAL COPY 24 RS BR 116
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plan adopted by the commission. The Supreme Court shall remand a plan to the 1
commission for further action if the plan fails to comply with the requirements of the 2
United States Constitution, the Constitution of Kentucky, or any other applicable law. 3
Section 3. It is proposed that Section 33 of the Constitution of Kentucky be 4
amended to read as follows: 5
The Citizens Redistricting Commission[first General Assembly after the adoption 6
of this Constitution] shall divide the State into thirty-eight Senatorial Districts, and one 7
hundred Representative Districts, as nearly equal in population as may be without 8
dividing any county, except where a county may include more than one district, which 9
districts shall constitute the Senatorial and Representative Districts for ten years.[ Not 10
more than two counties shall be joined together to form a Representative District: 11
Provided, In doing so the principle requiring every district to be as nearly equal in 12
population as may be shall not be violated.] At the expiration of that time, the Citizens 13
Redistricting Commission[General Assembly] shall then, and every ten years thereafter, 14
redistrict the State according to this rule, and for the purposes expressed in this section.[ 15
If, in making said districts, inequality of population should be unavoidable, any 16
advantage resulting therefrom shall be given to districts having the largest territory. No 17
part of a county shall be added to another county to make a district, and] The counties 18
forming a district shall be contiguous. 19
Section 4. This amendment shall be submitted to the voters of the 20
Commonwealth for their ratification or rejection at the time and in the manner provided 21
for under Sections 256 and 257 of the Constitution, KRS 118.415, and Sections 5 and 6 22
of this Act. 23
Section 5. Notwithstanding any provision of KRS 118.415 to the contrary, the 24
Secretary of State shall cause the entirety of the question in Section 1 of this Act and the 25
entirety of the proposed amendment to the Constitution of Kentucky contained in 26
Sections 2 and 3 of this Act to be published at least one time in a newspaper of general 27 UNOFFICIAL COPY 24 RS BR 116
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circulation published in this state, and shall also cause to be published at the same time 1
and in the same manner the fact that the amendment will be submitted to the voters for 2
their acceptance or rejection at the next regular election at which members of the General 3
Assembly are to be voted for. The publication required by this section and KRS 118.415 4
shall be made no later than the first Tuesday in August preceding the election at which 5
the amendment is to be voted on. 6
Section 6. Notwithstanding any provision of KRS 118.415 to the contrary, the 7
Secretary of State, not later than the second Monday after the second Tuesday in August 8
preceding the next regular election at which members of the General Assembly are to be 9
chosen in a year in which there is not an election for President and Vice President of the 10
United States, or not later than the Thursday after the first Tuesday in September 11
preceding a regular election in a year in which there is an election for President and Vice 12
President of the United States, shall certify the entirety of the question in Section 1 of this 13
Act and the entirety of the proposed amendment to the Constitution of Kentucky 14
contained in Sections 2 and 3 of this Act to the county clerk of each county, and the 15
county clerk shall have the entirety of the question and the amendment, as so certified, 16
indicated on the ballots provided to the voters in paper or electronic form as applicable to 17
the voting machines in use in each county or precinct. 18