HLS 22RS-973 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 562
BY REPRESENTATIVE GLOVER
REAPPORTIONMENT: (Constitutional Amendment) Provides relative to a redistricting
commission
1 A JOINT RESOLUTION
2Proposing to amend Article III, Section 6 and to enact Article XI, Section 6 of the
3 Constitution of Louisiana, to provide for a redistricting commission to propose
4 alternative redistricting plans for congress and each house of the state legislature; to
5 provide certain restrictions on the legislature relative to the redistricting plans so
6 proposed; to provide for commission composition and to provide timeframes for
7 such action; to provide for certain requirements relative to redistricting; to provide
8 for redistricting by the supreme court upon failure of the commission or the
9 legislature to comply with such requirements; to authorize the legislature to provide
10 relative to the commission and related procedures; to provide for submission of the
11 proposed amendment to the electors; and to provide for related matters.
12 Section 1. Be it resolved by the Legislature of Louisiana, two-thirds of the members
13elected to each house concurring, that there shall be submitted to the electors of the state of
14Louisiana, for their approval or rejection in the manner provided by law, a proposal to
15amend Article III, Section 6 of the Constitution of Louisiana, to read as follows:
16 §6. Legislative Reapportionment Redistricting; Redistricting Commission;
17 Reapportionment Redistricting by Supreme Court; Procedure
18 Section 6.(A) Reapportionment Redistricting by Legislature. By the end of
19 the year following the year in which the population of this state is reported to the
20 president of the United States for each decennial federal census, the legislature shall
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1 reapportion the representation in redistrict the districts for the election of the
2 members to each house as equally as practicable on the basis of population shown
3 by the census.
4 (B) Redistricting Commission. The legislature shall comply with Paragraph
5 (A) of this Section as provided in Article XI, Section 6 of this constitution.
6 (B) (C) Reapportionment Redistricting by Supreme Court. If the legislature
7 fails to reapportion redistrict as required in Paragraph Paragraphs (A) and (B) of this
8 Section, the supreme court, upon petition of any elector, shall reapportion the
9 representation in redistrict the districts for the election of the members to each house
10 as provided in Paragraph (A) of this Section.
11 (C) (D) Procedure. The procedure for review and for petition shall be
12 provided by law.
13 Section 2. Be it further resolved by the Legislature of Louisiana, two-thirds of the
14members elected to each house concurring, that there shall be submitted to the electors of
15the state of Louisiana, for their approval or rejection in the manner provided by law, a
16proposal to add Article XI, Section 6 of the Constitution of Louisiana, to read as follows:
17 §6. Redistricting Commission; Composition; Duties
18 Section 6.(A)(1) In each year in which the federal decennial census is taken,
19 a redistricting commission shall be established as provided in this Paragraph to
20 propose plans for redistricting the districts for the election of the members of the
21 House of Representatives and of the Senate of the Legislature of Louisiana and the
22 members of Congress from Louisiana. The redistricting commission shall be
23 composed of fifteen members who shall be qualified electors of the state and who
24 shall be selected not later than April first as follows:
25 (a) Not later than March first of each year in which the federal decennial
26 census is taken:
27 (i) Four commission members, no more than two of whom shall be affiliated
28 with the same political party, shall be elected by the House of Representatives by a
29 favorable record vote of two-thirds of the elected members. In the selection of
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1 commission members, the House of Representatives shall give due consideration to
2 the demographics of the population of the state, including but not limited to
3 geography, gender, ethnicity, race, and political party affiliation and shall elect
4 qualified persons to serve on the commission in manner that reflects the
5 demographics of the state to the fullest extent practicable
6 (ii) Four commission members, no more than two of whom shall be affiliated
7 with the same political party, shall be elected by the Senate by a favorable record
8 vote of two-thirds of the elected members. In the selection of commission members,
9 the Senate shall give due consideration to the demographics of the population of the
10 state, including but not limited to geography, gender, ethnicity, race, and political
11 party affiliation and shall elect qualified persons to serve on the commission in
12 manner that reflects the demographics of the state to the fullest extent practicable.
13 (iii) Three commission members, no more than two of whom shall be
14 affiliated with the same political party, shall be appointed by the governor. In the
15 selection of commission members, the governor shall give due consideration to the
16 demographics of the population of the state, including but not limited to geography,
17 gender, ethnicity, race, and political party affiliation and shall appoint qualified
18 persons to serve on the commission in manner that reflects the demographics of the
19 state to the fullest extent practicable.
20 (iv) Three commission members, no more than two of whom shall be
21 affiliated with the same political party, shall be appointed by the supreme court. In
22 the selection of commission members, the supreme court shall give due
23 consideration to the demographics of the population of the state, including but not
24 limited to geography, gender, ethnicity, race, and political party affiliation and shall
25 appoint qualified persons to serve on the commission in manner that reflects the
26 demographics of the state to the fullest extent practicable.
27 (b) Not later than March twentieth of each year in which the federal
28 decennial census is taken, at a meeting of the commission members selected pursuant
29 to Subsubparagraph (a) of this Subparagraph called by the secretary of state, one
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1 member shall be appointed to the commission by a two-thirds vote of said
2 commission members and if no other commission member is unaffiliated with a
3 political party, the commission member so appointed shall be unaffiliated with a
4 political party.
5 (c) No person shall be selected or remain eligible to serve on the commission
6 who:
7 (i) Holds an elected or appointed public or political party office.
8 (ii) Is a member of the immediate family of a public official who serves in
9 an office subject to redistricting by the commission.
10 (iii) Is a public employee.
11 (iv) Is an employee of a public official who serves in an office subject to
12 redistricting by the commission or of a legal entity in which such public official has
13 a business or financial interest.
14 (v) Is a registered lobbyist.
15 (vi) Is a member or an employee of any national, state, or local committee
16 of a political party.
17 (vii) Takes part in the management of the affairs of a political party,
18 candidate, political committee, or political campaign, including consulting or polling
19 activity for a political party, candidate, political committee, or political campaign.
20 (viii) Has changed political party affiliation within the last three years
21 (ix) Is a registered voter in any other state.
22 (d) No former member of the commission shall seek elective public office
23 in Louisiana nor register as a lobbyist in Louisiana for a period of three years
24 following the termination of service on the commission.
25 (2) A vacancy on the commission shall be filled in the manner of the original
26 selection within twenty days of the vacancy.
27 (3) The commission members shall serve until the redistricting of congress
28 and each house of the legislature has been completed after the decennial census and
29 has become effective, and at that time the commission shall be dissolved until a new
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HB NO. 562
1 commission is established as provided in this Section; however, if a new redistricting
2 is required during the time between decennial censuses, a new commission shall be
3 established in the manner provided in Subparagraph (1) of this Paragraph, and each
4 appointing authority shall select its members of the commission within thirty days
5 of the determination that a new redistricting is required.
6 (4) Each member of the commission shall receive the same per diem and
7 travel allowance as provided for members of the legislature.
8 (5) No member of the commission shall take any action as a commission
9 member until the member has taken the oath of office provided in Article X, Section
10 30 of this constitution and has executed and filed with the secretary of state a sworn
11 statement certifying that the member shall perform the duties as a member of the
12 commission in an honest, ethical, independent, and impartial manner in order to
13 uphold and maintain public confidence in the integrity of the redistricting process.
14 (B) The redistricting commission shall provide for the redistricting of the
15 districts for the election of members of the House of Representatives and of the
16 Senate of the Legislature of Louisiana and of the members of congress from
17 Louisiana. All meetings of the commission shall be open to the public and shall be
18 noticed and advertised in a manner to encourage public participation. All
19 communications to the commission or any member of the commission regarding
20 redistricting shall be placed in the official record of the commission. At a minimum,
21 the commission shall conduct at least one public meeting within each congressional
22 district of the state. The commission may, at its discretion, utilize the assistance of
23 the appropriate staff of the legislature. The commission shall submit to the legislature
24 three alternative plans for redistricting of each house of the legislature at least three
25 days prior to the final date for prefiling of legislation at the regular session in the
26 year following the year in which the population of the state is reported to the
27 president of the United States. The commission shall submit to the legislature three
28 alternative plans for redistricting the congressional districts at least three days prior
29 to the final date for prefiling of legislation at the regular session next preceding
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1 qualification of candidates for election at the first election for congress after the
2 release of decennial census information at the precinct level by the federal
3 government. Each plan submitted by the commission shall require approval by a
4 vote of two-thirds of the total membership of the commission and shall redistrict the
5 districts in accordance with federal law and the requirements of this constitution.
6 (C)(1) The legislature shall enact, without amendment, one of the three plans
7 submitted to it by the commission for each house of the legislature not later than the
8 time provided in Article III, Section 6 of this constitution.
9 (2) The legislature shall enact, without amendment, one of the three plans
10 submitted to it by the commission for the congressional districts not later than the
11 regular session next preceding qualification of candidates for election at the first
12 election for congress after the release of decennial census information at the precinct
13 level by the federal government
14 (D) If the commission fails to submit three plans for each house of the
15 legislature and for congress as required by this Section or if the legislature fails to
16 enact one of those plans for each house of the legislature and one of those plans for
17 congress as required by this Section, the supreme court, upon petition of any elector,
18 shall redistrict the legislature as provided in Article III, Section 6(C) of this
19 constitution or congress in accordance with federal law and the requirements of this
20 constitution.
21 (E). The legislature shall make adequate appropriations as necessary to and
22 for the redistricting commission to enable it to effectively perform the functions and
23 duties required by this Section. The amount appropriated to and for the redistricting
24 commission shall not be subject to veto by the governor.
25 (F) This Section shall be self-operative, but the legislature may provide by
26 law relative to the redistricting commission and procedures to implement this
27 Section, including but not limited to expenses and staffing for the commission,
28 provided such statutory provisions do not conflict with this Section or any other
29 provision of this constitution.
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HB NO. 562
1 Section 2. Be it further resolved that this proposed amendment shall be submitted
2to the electors of the state of Louisiana at the statewide election to be held on November 8,
32022.
4 Section 3. Be it further resolved that on the official ballot to be used at the election,
5there shall be printed a proposition, upon which the electors of the state shall be permitted
6to vote YES or NO, to amend the Constitution of Louisiana, which proposition shall read as
7follows:
8 Do you support an amendment to provide for an independent redistricting
9 commission to propose alternative redistricting plans for each house of the
10 legislature and for congress and to require the legislature to enact one of each
11 such plans without amendment? (Amends Article III, Section 6; Adds
12 Article XI, Section 6)
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)]
HB 562 Original 2022 Regular Session Glover
Abstract: Establishes and provides for a redistricting commission to propose alternative
redistricting plans for each house of the legislature and for congress. Requires the
legislature to enact one of each such plans without amendment.
Proposed constitutional amendment provides for a redistricting commission as follows:
(1)Establishes a redistricting commission by April 1 of each year in which the federal
decennial census is taken to propose plans for redistricting each house of the
legislature and for congress. Provides for the commission to be composed of 15
qualified electors of the state of whom four are elected by a two-thirds vote of the
House of Representatives, four are elected by a two-thirds vote of the Senate, three
are appointed by the governor, and three are appointed by the supreme court. For
those selections, specifies that no appointing authority may appoint more than two
members affiliated with the same political party and requires in the selection of
commission members, due consideration to the demographics of the population of
the state, including but not limited to geography, gender, ethnicity, race, and political
party affiliation and requires selection of qualified persons to serve on the
commission in manner that reflects the demographics of the state to the fullest extent
practicable. Provides for one commission member to be elected by a two-thirds vote
of the other commission members who, if there is no other unaffiliated commission
member, shall be unaffiliated with any political party. Provides for filling vacancies
in the manner of the original selection within 20 days.
(2)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
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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; is a registered lobbyist; is a member or an employee or any
national, state, or local committee of a political party; takes part in the management
of the affairs of a political party, candidate, political committee, or political
campaign, including consulting or polling activity for a political party, candidate,
political committee, or political campaign; has changed party affiliation with the last
three years; or is a registered voter in any other state.
(3)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. Prohibits a former commission
member from becoming a candidate for elective public office or a registered lobbyist
in the state for a period of three years after termination. 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. Requires each commission member to take the oath of office and certify
to uphold certain standards prior to taking any action as a commission member.
(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 congress, 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 election of
members for congress 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 congressional plans not later than the regular session next
preceding qualification of candidates for election at the first election for congress
after the release of decennial census information at the precinct level.
(7)Provides that if the commission fails to submit three plans for each required type or
if the legislature fails to enact one of those plans for each required, the La. Supreme
Court, upon petition of any elector, shall accomplish the redistricting as required.
(8)Requires adequate appropriations to and for the commission and prohibits
gubernatorial veto of such appropriations. 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.
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HB NO. 562
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. 8, 2022.
(Amends Const. Art. III, §6; Adds Const. Art. XI, §6)
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