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Regular Session, 2014
HOUSE BILL NO. 627
BY REPRESENTATIVE LEGER
REAPPORTIONMENT: (Constitutional Amendment) Provides for a redistricting
commission to propose three alternative plans for each public body to be redistricted
by the legislature and requires the legislature to enact one of such plans without
amendment
A JOINT RESOLUTION1
Proposing to amend Article III, Section 6 and to enact Article XI, Section 6 of the2
Constitution of Louisiana, to provide for a redistricting commission to propose3
alternative redistricting plans for each public body in state government whose4
members are elected from districts; to provide certain restrictions on the legislature5
relative to the redistricting of each such public body; to provide for commission6
composition and to provide time frames for such action; to provide for certain7
requirements relative to redistricting; to provide for redistricting by the supreme8
court upon failure of the commission or the legislature to comply with such9
requirements; to authorize the legislature to provide relative to the commission and10
related procedures; to provide for submission of the proposed amendment to the11
electors; and to provide for related matters.12
Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members13
elected to each house concurring, that there shall be submitted to the electors of the state of14
Louisiana, for their approval or rejection in the manner provided by law, a proposal to15
amend Article III, Section 6 of the Constitution of Louisiana, to read as follows:16 HLS 14RS-528 ORIGINAL
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§6. Legislative Reapportionment Redistricting; Redistricting Commission;1
Reapportionment Redistricting by Supreme Court; Procedure2
Section 6.(A) Reapportionment Redistricting by Legislature. By the end of3
the year following the year in which the population of this state is reported to the4
president of the United States for each decennial federal census, the legislature shall5
reapportion the representation in redistrict the districts for the election of the6
members to each house as equally as practicable on the basis of population shown7
by the census.8
(B) Redistricting Commission. The legislature shall comply with Paragraph9
(A) of this Section as provided in Article XI, Section 6 of this constitution.10
(B) (C) Reapportionment Redistricting by Supreme Court. If the legislature11
fails to reapportion redistrict as required in Paragraph Paragraphs (A) and (B) of this12
Section, the supreme court, upon petition of any elector, shall reapportion the13
representation in redistrict the districts for the election of the members to each house14
as provided in Paragraph (A) of this Section.15
(C) (D) Procedure. The procedure for review and for petition shall be16
provided by law.17
Section 2. Be it further resolved by the Legislature of Louisiana, two-thirds of the18
members elected to each house concurring, that there shall be submitted to the electors of19
the state of Louisiana, for their approval or rejection in the manner provided by law, a20
proposal to add Article XI, Section 6 of the Constitution of Louisiana, to read as follows:21
§6. Redistricting Commission; Composition; Duties22
Section 6.(A)(1) In each year in which the federal decennial census is taken,23
a redistricting commission shall be established as provided in this Paragraph to24
propose plans for redistricting of public bodies in the executive, legislative, and25
judicial branch of state government whose members are elected from districts. The26
redistricting commission shall be composed of thirteen members who shall be27
selected not later than May first as follows:28 HLS 14RS-528 ORIGINAL
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(a) Two members shall be elected by the membership of the House of1
Representatives and two members shall be elected by the membership of the Senate.2
Of the members so elected by each house, one shall be a voter who is registered as3
affiliated with the recognized political party in the state with the greatest number of4
voters registered as affiliated with the party and who is nominated by the members5
of the house who are registered as affiliated with that recognized political party and6
the other shall be a voter who is registered as affiliated with the recognized political7
party in the state with the second greatest number of voters registered as affiliated8
with the party and who is nominated by the members of the house who are registered9
as affiliated with that recognized political party.10
(b) Eight members shall be appointed by the Louisiana Supreme Court and11
shall include at least one registered voter in each congressional district. Such12
appointments shall be made from separate lists of at least eight names each,13
including at least one registered voter in each congressional district, submitted to the14
court by the Public Affairs Research Council of Louisiana, the Council for a Better15
Louisiana, the president of Centenary College at Shreveport, the president of Dillard16
University at New Orleans, the president of Louisiana College at Pineville, the17
president of Loyola University at New Orleans, the president of Tulane University18
of Louisiana at New Orleans, and the president of Xavier University at New Orleans.19
Nominations shall be made to the court not later than April first. If any nominating20
authority fails to submit nominees in the time required or ceases to exist, the court21
shall make the appointments to the commission from the nominees submitted or if22
none are submitted, then the court shall make the appointments without nominations.23
(c) One member who is a registered voter in this state who is not affiliated24
with any political party shall be appointed by the governor.25
(d) No person shall be eligible or selected to serve on the commission who:26
(i) Holds an elected or appointed public or political party office.27
(ii) Is a member of the immediate family of a public official who serves in28
an office subject to redistricting by the commission.29 HLS 14RS-528 ORIGINAL
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(iii) Is a public employee.1
(iv) Is an employee of a public official who serves in an office subject to2
redistricting by the commission or of a legal entity in which such public official has3
a business or financial interest.4
(v) Is a registered voter in any other state.5
(2) A vacancy on the commission shall be filled in the manner of the original6
selection within twenty days of the vacancy.7
(3) The commission members shall serve until redistricting of each public8
body in the legislative and executive branch of state government and, as necessary9
in the judicial branch, has been completed after the decennial census and has become10
effective, and at that time the commission shall be dissolved until a new commission11
is established as provided in this Section; however, if a new redistricting is required12
during the time between decennial censuses, a new commission shall be established13
in the manner provided in Subparagraph (1) of this Paragraph, and each appointing14
authority shall select its members of the commission within thirty days of the15
determination that a new redistricting is required.16
(4) Each member of the commission shall receive the same per diem and17
travel allowance as provided for members of the legislature.18
(B) The redistricting commission shall provide for the redistricting of the19
districts for the election of members of the House of Representatives and of the20
Senate of the Legislature of Louisiana, of the members of congress from Louisiana,21
of the members of the Public Service Commission, of the elected membership of the22
State Board of Elementary and Secondary Education, of the members of the23
Louisiana Supreme Court and other courts of which the judges are elected from24
districts, and of any other public body in the executive, legislative, or judicial branch25
of state government that has members who are elected by the registered voters of26
districts. All meetings of the commission shall be open to the public and shall be27
noticed and advertised in a manner to encourage public participation. All28
communications to the commission or any member of the commission regarding29 HLS 14RS-528 ORIGINAL
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redistricting shall be placed in the official record of the commission. At a minimum,1
the commission shall conduct at least one public meeting within each congressional2
district of the state. The commission may, at its discretion, utilize the assistance of3
the appropriate staff of the legislature. The commission shall submit to the legislature4
three alternative plans for redistricting of each house of the legislature at least three5
days prior to the final date for prefiling of legislation at the regular session in the6
year following the year in which the population of the state is reported to the7
president of the United States. The commission shall submit to the legislature three8
alternative plans for reapportionment of each other public body for which plans are9
required at least three days prior to the final date for prefiling of legislation at the10
regular session next preceding qualification of candidates for election at the first11
election of members of the public body after the release of decennial census12
information at the precinct level by the federal government. Each plan submitted by13
the commission shall redistrict the districts in accordance with the requirements of14
this constitution and in accordance with federal law.15
(C)(1) The legislature shall enact, without amendment, one of the three plans16
submitted to it by the commission for each house of the legislature not later than the17
time provided in Article III, Section 6 of this constitution.18
(2) qualification of candidates for election at the first election of members19
of the public body after the release of decennial census information at the precinct20
level by the federal government.21
(D) If the commission fails to submit three plans for a public body as22
required by this Section or if the legislature fails to enact one of those plans for a23
public body as required by this Section, the supreme court, upon petition of any24
elector, shall redistrict the legislature as provided in Article III, Section 6(C) of this25
constitution or other public body as provided in this Section.26
(E) This Section shall be self-operative, but the legislature may provide by27
law relative to the redistricting commission and procedures to implement this28
Section, including but not limited to expenses and staffing for the commission,29 HLS 14RS-528 ORIGINAL
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provided such statutory provisions do not conflict with this Section or any other1
provision of this constitution.2
Section 2. Be it further resolved that this proposed amendment shall be submitted3
to the electors of the state of Louisiana at the statewide election to be held on November 4,4
2014.5
Section 3. Be it further resolved that on the official ballot to be used at the election,6
there shall be printed a proposition, upon which the electors of the state shall be permitted7
to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as8
follows:9
Do you support an amendment to provide for a redistricting commission to10
propose alternative redistricting plans for each public body in state11
government whose members are elected from districts and to require the12
legislature to enact one of such plans without amendment; to provide for13
commission composition and to provide the time frame for such action; to14
provide for redistricting by the supreme court upon failure of the commission15
or the legislature to comply with such requirements; and to authorize the16
legislature to provide by law, not in conflict with the constitution, for the17
commission and related procedures? (Amends Article III, Section 6; Adds18
Article XI, Section 6)19
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Leger HB No. 627
Abstract: Establishes and provides for a redistricting commission to propose alternative
redistricting plans for each public body to be redistricted by the legislature. Requires
the legislature to enact one of those plans for each body without amendment.
Proposed constitutional amendment provides for a redistricting commission as follows:
(1)Establishes a redistricting commission in each year in which the federal decennial
census is taken to propose plans for redistricting of public bodies in the executive,
legislative, and judicial branch of state government whose members are elected from
districts. Provides for the commission to be composed of 13 members selected by
May 1 as follows: HLS 14RS-528 ORIGINAL
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(a)Two elected by the membership of the House of Representatives and two
elected by the membership of the Senate; one member elected by each house
to be a voter registered as affiliated with the recognized political party in the
state with the greatest number of voters registered as affiliated with the party
who is nominated by the members of the house who are registered as
affiliated with that party and the other to be a voter registered as affiliated
with the recognized political party in the state with the second greatest
number of voters registered as affiliated with the party who is nominated by
the members of the house who are registered as affiliated with that party.
(b)Eight appointed by the La. Supreme Court, including at least one registered
voter in each congressional district, appointed from separate lists of at least
eight names each (at least one registered voter in each congressional district)
submitted by April 1 by the Public Affairs Research Council of La., the
Council for a Better La., the president of Centenary College at Shreveport,
the president of Dillard University at New Orleans, the president of La.
College at Pineville, the president of Loyola University at New Orleans, the
president of Tulane University of La. at New Orleans, and the president of
Xavier University at New Orleans. Provides that if any nominating authority
fails to submit nominees in the time required or ceases to exist, the court
shall make the appointments from the nominees submitted or, if none are
submitted, the court shall make the appointments without nominations.
(c)One registered voter in this state who is not affiliated with any political party
appointed by the governor.
(d)Provides that no person shall be eligible or selected to serve on the
commission who: holds elected or appointed public or political party office;
is a member of the immediate family of a public official subject to
redistricting by the commission; is a public employee; is an employee of a
public official subject to redistricting by the commission or of a legal entity
in which such public official has a business or financial interest; or is a
registered voter in any other state.
(e)Provides for filling vacancies in the manner of the original selection within
20 days of the vacancy.
(f)Provides that commission members serve until redistricting of each body, as
required, has been completed after the decennial census and has become
effective, at which time the commission shall be dissolved until a new
commission is established in the year of the next federal census. Provides,
however, if a new redistricting is required during the time between decennial
censuses, a new commission shall be established as provided in proposed
law. Specifies that each member shall receive the same per diem and travel
allowance as provided to legislators.
(3)Requires all meetings to be public, requires at least one meeting in each
congressional district, and requires all communications to the commission or any
member thereof about redistricting to be placed into the official record of the
commission.
(4)Requires the commission to submit three alternative plans for redistricting of each
house to the legislature at least three days prior to the final date for prefiling of
legislation at the regular session in the year following the year in which the
population of the state is reported to the president of the U.S. and for each other
public body, at least three days prior to the final date for prefiling of legislation at the
regular session next preceding qualification of candidates for election at the first HLS 14RS-528 ORIGINAL
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election of members of the public body after the release of decennial census
information at the precinct level.
(5)Requires that each plan shall redistrict the districts in accordance with the
requirements of the La. constitution and in accordance with federal law.
(6)Requires the legislature to enact one of the three plans for each body without
amendment. Requires the legislature to enact such legislative plans not later than the
time as provided in present constitution (Const. Art. III, §6; see below) relative to
legislative redistricting and other plans not later than the regular session next
preceding qualification of candidates for election at the first election of members of
the public body after the release of decennial census information at the precinct
level.
(7)Provides that if the commission fails to submit three plans for each public body or
if the legislature fails to enact one of those plans for a public body, the La. Supreme
Court, upon petition of any elector, shall redistrict the public body.
(8)Provides that the proposed constitutional amendment is self-operative, but authorizes
the legislature to provide by law relative to the redistricting commission and
procedures to implement the proposed constitutional amendment, including but not
limited to expenses and staffing for the commission, such law to be consistent with
the proposed constitutional amendment and the present constitution.
Present constitution (Const. Art. III, §6) provides for legislative reapportionment. Requires
the legislature to reapportion each house as equally as practicable on the basis of population
shown by the census not later than the end of the year following the year in which the state's
population is reported to the president of the U.S. for each decennial federal census.
Proposed constitutional amendment changes the terminology in the present constitution to
reflect a change from "reapportion" and "reapportionment" to "redistrict" and "redistricting"
and further requires that such redistricting comply with the proposed constitutional
amendment (summarized above). Also retains present constitution that provides for
"redistricting of the districts to elect members" of the legislature by the supreme court upon
petition of any elector if the legislature fails to "redistrict" as required by the present
constitution and proposed constitutional amendment. Also retains present constitution that
provides that procedure for review and for petition shall be provided by law.
Provides for submission of the proposed amendment to the voters at the statewide election
to be held Nov. 4, 2014.
(Amends Const. Art. III, §6; Adds Const. Art. XI, §6)