1 | 1 | | |
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2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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3 | 3 | | and is intended to be omitted in the law. |
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4 | 4 | | FIRST REGULAR SESSION |
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5 | 5 | | SENATE JOINT RESOLUTION NO. 16 |
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6 | 6 | | 103RD GENERAL ASSEMBLY |
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7 | 7 | | INTRODUCED BY SENATOR MOSLEY. |
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8 | 8 | | 0031S.01I KRISTINA MARTIN, Secretary |
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9 | 9 | | JOINT RESOLUTION |
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10 | 10 | | Submitting to the qualified voters of Missouri, an amendment repealing sections 3, 5, 7, 8, 9, 16, |
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11 | 11 | | 18, 20, 20(a), 20(b), 31, and 32 of article III of the Constitution of Missouri, and |
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12 | 12 | | adopting eleven new sections in lieu thereof relating to the general assembly. |
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13 | 13 | | |
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14 | 14 | | Be it resolved by the Senate, the House of Representatives concurring therein: |
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15 | 15 | | That at the next general election to be held in the 1 |
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16 | 16 | | state of Missouri, on Tuesday next following the first Monday 2 |
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17 | 17 | | in November, 2026, or at a special election to be called by 3 |
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18 | 18 | | the governor for that purpose, there is hereby submitted to 4 |
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19 | 19 | | the qualified voters of this state, for adoption or 5 |
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20 | 20 | | rejection, the following amendment to article III of the 6 |
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21 | 21 | | Constitution of the state of Missouri:7 |
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22 | 22 | | Section A. Sections 3, 5, 7, 8, 9, 16, 18, 20, 20(a), 1 |
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23 | 23 | | 20(b), 31, and 32, article III, Constitution of Missouri, are 2 |
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24 | 24 | | repealed and eleven new sections adopted in lieu thereof, to be 3 |
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25 | 25 | | known as sections 3, 5, 7, 8, 9, 16, 18, 20, 20(a), 31, and 32, 4 |
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26 | 26 | | to read as follows:5 |
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27 | 27 | | Section 3. (a) The house of representatives shall 1 |
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28 | 28 | | consist of [one hundred sixty-three] members elected at each 2 |
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29 | 29 | | general election and redistricted as provided in this 3 |
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30 | 30 | | section. 4 |
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31 | 31 | | (b) The [house] general assembly independent 5 |
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32 | 32 | | bipartisan citizens commission shall redistrict each house 6 |
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33 | 33 | | of the [house of representatives ] general assembly using the 7 |
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34 | 34 | | following methods, listed in order of priority: 8 SJR 16 2 |
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35 | 35 | | (1) Districts shall be as nearly equal as practicable 9 |
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36 | 36 | | in population, and shall be drawn on the basis of one 10 |
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37 | 37 | | person, one vote. Districts are as nearly equal as 11 |
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38 | 38 | | practicable in population if no district deviates by more 12 |
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39 | 39 | | than one percent from the ideal population of the district, 13 |
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40 | 40 | | as measured by dividing the number of districts into the 14 |
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41 | 41 | | statewide population data being used, except that a district 15 |
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42 | 42 | | may deviate by up to three percent if necessary to follow 16 |
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43 | 43 | | political subdivision lines consistent with subdivision (4) 17 |
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44 | 44 | | of this subsection; 18 |
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45 | 45 | | (2) Districts shall be established in a manner so as 19 |
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46 | 46 | | to comply with all requirements of the United States 20 |
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47 | 47 | | Constitution and applicable federal laws, including, but not 21 |
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48 | 48 | | limited to, the Voting Rights Act of 1965 (as amended). The 22 |
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49 | 49 | | following principles shall take precedence over any other 23 |
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50 | 50 | | part of this constitution: no district shall be drawn in a 24 |
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51 | 51 | | manner which results in a denial or abridgment of the right 25 |
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52 | 52 | | of any citizen of the United States to vote on account of 26 |
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53 | 53 | | race or color; and no district shall be drawn such that 27 |
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54 | 54 | | members of any community of citizens protected by the 28 |
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55 | 55 | | preceding clause have less opportunity than other members of 29 |
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56 | 56 | | the electorate to participate in the polit ical process and 30 |
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57 | 57 | | to elect representatives of their choice; 31 |
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58 | 58 | | (3) Subject to the requirements of subdivisions (1) 32 |
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59 | 59 | | and (2) of this subsection, districts shall be composed of 33 |
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60 | 60 | | contiguous territory as compact as may be. Areas which meet 34 |
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61 | 61 | | only at the points of adjoining corners are not contiguous. 35 |
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62 | 62 | | In general, compact districts are those which are square, 36 |
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63 | 63 | | rectangular, or hexagonal in shape to the extent permitted 37 |
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64 | 64 | | by natural or political boundaries; 38 |
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65 | 65 | | (4) To the extent consistent with subdivisions ( 1) to 39 |
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66 | 66 | | (3) of this subsection, communities shall be preserved. 40 SJR 16 3 |
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67 | 67 | | Districts shall satisfy this requirement if district lines 41 |
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68 | 68 | | follow political subdivision lines to the extent possible, 42 |
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69 | 69 | | using the following criteria, in order of priority. First, 43 |
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70 | 70 | | each county shall wholly contain as many districts as its 44 |
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71 | 71 | | population allows. Second, if a county wholly contains one 45 |
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72 | 72 | | or more districts, the remaining population shall be wholly 46 |
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73 | 73 | | joined in a single district made up of population from 47 |
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74 | 74 | | outside the county. If a county does not wholly contain a 48 |
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75 | 75 | | district, then no more than two segments of a county shall 49 |
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76 | 76 | | be combined with an adjoining county. Third, split counties 50 |
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77 | 77 | | and county segments, defined as any part of the county that 51 |
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78 | 78 | | is in a district not wholly within that co unty, shall each 52 |
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79 | 79 | | be as few as possible. Fourth, as few municipal lines shall 53 |
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80 | 80 | | be crossed as possible . Fifth, no house of representatives 54 |
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81 | 81 | | district shall cross a senate district line or be in more 55 |
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82 | 82 | | than one senate district ; 56 |
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83 | 83 | | (5) Districts shall be d rawn in a manner that achieves 57 |
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84 | 84 | | both partisan fairness and, secondarily, competitiveness, 58 |
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85 | 85 | | but the standards established by subdivisions (1) to (4) of 59 |
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86 | 86 | | this subsection shall take precedence over partisan fairness 60 |
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87 | 87 | | and competitiveness. "Partisan fairness" means that parties 61 |
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88 | 88 | | shall be able to translate their popular support into 62 |
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89 | 89 | | legislative representation with approximately equal 63 |
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90 | 90 | | efficiency. "Competitiveness" means that parties' 64 |
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91 | 91 | | legislative representation shall be substantially and 65 |
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92 | 92 | | similarly responsive to shifts in the electorate's 66 |
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93 | 93 | | preferences. 67 |
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94 | 94 | | To this end, the average electoral performance of the 68 |
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95 | 95 | | two political parties receiving the most votes in the three 69 |
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96 | 96 | | preceding general elections for governor, for United States 70 |
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97 | 97 | | Senate, and for President of t he United States shall be 71 |
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98 | 98 | | calculated. This index shall be defined as the total votes 72 SJR 16 4 |
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99 | 99 | | received by each party in the three preceding general 73 |
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100 | 100 | | elections for governor, for United States Senate, and for 74 |
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101 | 101 | | President of the United States, divided by the total v otes 75 |
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102 | 102 | | cast for both parties in these elections. Using this index, 76 |
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103 | 103 | | the total number of wasted votes for each party, summing 77 |
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104 | 104 | | across all of the districts in the plan shall be 78 |
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105 | 105 | | calculated. "Wasted votes" are votes cast for a losing 79 |
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106 | 106 | | candidate or for a winn ing candidate in excess of the 80 |
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107 | 107 | | threshold needed for victory. In any redistricting plan and 81 |
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108 | 108 | | map of the proposed districts, the difference between the 82 |
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109 | 109 | | two parties' total wasted votes, divided by the total votes 83 |
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110 | 110 | | cast for the two parties, shall not exceed fifteen percent. 84 |
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111 | 111 | | To promote competitiveness, the electoral performance 85 |
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112 | 112 | | index shall be used to simulate elections in which the 86 |
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113 | 113 | | hypothetical statewide vote shifts by one percent, two 87 |
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114 | 114 | | percent, three percent, four percent, and five percent in 88 |
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115 | 115 | | favor of each party. The vote in each individual district 89 |
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116 | 116 | | shall be assumed to shift by the same amount as the 90 |
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117 | 117 | | statewide vote. In each of these simulated elections, the 91 |
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118 | 118 | | difference between the two parties' total wasted votes, 92 |
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119 | 119 | | divided by the total votes cast f or the two parties, shall 93 |
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120 | 120 | | not exceed fifteen percent. 94 |
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121 | 121 | | (c) Within sixty days after the adoption of this 95 |
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122 | 122 | | section and within sixty days after the population of this 96 |
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123 | 123 | | state is reported to the President for each decennial census 97 |
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124 | 124 | | of the United States or , in the event that a redistricting 98 |
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125 | 125 | | plan has been invalidated by a court of competent 99 |
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126 | 126 | | jurisdiction, within sixty days that such a ruling has been 100 |
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127 | 127 | | made, the state committee and the congressional district 101 |
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128 | 128 | | committees of each of the two political parties c asting the 102 |
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129 | 129 | | highest vote for governor at the last preceding general 103 |
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130 | 130 | | election shall meet and the members of each committee shall 104 SJR 16 5 |
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131 | 131 | | nominate, by a majority vote of the elected members of the 105 |
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132 | 132 | | committee present, provided that a majority of the elected 106 |
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133 | 133 | | members is present, members of their party, residents in 107 |
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134 | 134 | | that district, in the case of a congressional district 108 |
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135 | 135 | | committee, as nominees for the [house] general assembly 109 |
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136 | 136 | | independent bipartisan citizens commission. Each member of 110 |
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137 | 137 | | the committee shall be entitle d to only one vote 111 |
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138 | 138 | | notwithstanding the number of offices or titles that the 112 |
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139 | 139 | | member may have or the manner in which the member became a 113 |
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140 | 140 | | member of the committee. No party shall select more than 114 |
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141 | 141 | | one nominee from any one state legislative district. The 115 |
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142 | 142 | | congressional district committees shall each submit to the 116 |
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143 | 143 | | governor their list of two elected nominees. The state 117 |
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144 | 144 | | committees shall each submit to the governor their list of 118 |
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145 | 145 | | five elected nominees. Within thirty days thereafter, the 119 |
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146 | 146 | | governor shall appoint a [house] general assembly 120 |
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147 | 147 | | independent bipartisan citizens commission consisting of one 121 |
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148 | 148 | | nominee from each list submitted by each congressional 122 |
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149 | 149 | | district committee and two nominees from each list submitted 123 |
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150 | 150 | | by each state committee to redistrict [the state into one 124 |
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151 | 151 | | hundred and sixty-three representative districts ] each house 125 |
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152 | 152 | | of the general assembly and to establish the numbers and 126 |
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153 | 153 | | boundaries of said districts. [No person shall be appointed 127 |
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154 | 154 | | to both the house independent bipartisan citizens commissio n 128 |
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155 | 155 | | and the senate independent bipartisan citizens commission 129 |
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156 | 156 | | during the same redistricting cycle. ] 130 |
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157 | 157 | | If any committee fails to submit a list within such 131 |
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158 | 158 | | time, the governor shall appoint a member of his or her own 132 |
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159 | 159 | | choice from the political party of th e committee failing to 133 |
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160 | 160 | | submit a list, provided that in the case of a congressional 134 |
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161 | 161 | | district committee failing to submit a list, the person 135 SJR 16 6 |
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162 | 162 | | appointed to the commission by the governor shall reside in 136 |
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163 | 163 | | the congressional district of such committee. 137 |
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164 | 164 | | Members of the commission shall be disqualified from 138 |
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165 | 165 | | holding office as members of the general assembly for four 139 |
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166 | 166 | | years following the date of the filing by the commission of 140 |
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167 | 167 | | its final redistricting plan. 141 |
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168 | 168 | | For the purposes of this Article, the term 142 |
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169 | 169 | | congressional district committee or congressional district 143 |
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170 | 170 | | refers to the congressional district committee or the 144 |
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171 | 171 | | congressional district from which a congressman was last 145 |
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172 | 172 | | elected, or, in the event members of congress from this 146 |
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173 | 173 | | state have been elected at lar ge, the term congressional 147 |
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174 | 174 | | district committee refers to those persons who last served 148 |
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175 | 175 | | as the congressional district committee for those districts 149 |
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176 | 176 | | from which congressmen were last elected, and the term 150 |
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177 | 177 | | congressional district refers to those districts fr om which 151 |
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178 | 178 | | congressmen were last elected. Any action pursuant to this 152 |
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179 | 179 | | section by the congressional district committee shall take 153 |
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180 | 180 | | place only at duly called meetings, shall be recorded in 154 |
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181 | 181 | | their official minutes and only members present in person 155 |
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182 | 182 | | shall be permitted to vote. 156 |
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183 | 183 | | (d) The commissioners so selected shall, on the 157 |
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184 | 184 | | fifteenth day, excluding Sundays and state holidays, after 158 |
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185 | 185 | | all members have been appointed, meet in the capitol 159 |
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186 | 186 | | building and proceed to organize by electing from their 160 |
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187 | 187 | | number a chairman, vice chairman and secretary. The 161 |
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188 | 188 | | commission shall adopt an agenda establishing at least three 162 |
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189 | 189 | | hearing dates on which hearings open to the public shall be 163 |
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190 | 190 | | held to hear objections or testimony from interested 164 |
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191 | 191 | | persons. A copy of the agenda shal l be filed with the clerk 165 |
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192 | 192 | | of the house of representatives and the secretary of senate 166 |
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193 | 193 | | within twenty-four hours after its adoption. Executive 167 SJR 16 7 |
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194 | 194 | | meetings may be scheduled and held as often as the 168 |
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195 | 195 | | commission deems advisable. 169 |
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196 | 196 | | (e) Not later than five m onths after the appointment 170 |
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197 | 197 | | of the commission, the commission shall file with the 171 |
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198 | 198 | | secretary of state a tentative redistricting plan and map of 172 |
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199 | 199 | | the proposed districts and during the ensuing fifteen days 173 |
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200 | 200 | | shall hold such public hearings as may be necessar y to hear 174 |
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201 | 201 | | objections or testimony of interested persons. The 175 |
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202 | 202 | | commission shall make public the tentative redistricting 176 |
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203 | 203 | | plan and map of the proposed districts, as well as all 177 |
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204 | 204 | | demographic and partisan data used in the creation of the 178 |
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205 | 205 | | plan and map. 179 |
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206 | 206 | | (f) Not later than six months after the appointment of 180 |
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207 | 207 | | the commission, the commission shall file with the secretary 181 |
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208 | 208 | | of state a final statement of the numbers and the boundaries 182 |
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209 | 209 | | of the districts together with a map of the districts, and 183 |
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210 | 210 | | no statement shall be valid unless approved by at least 184 |
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211 | 211 | | seven-tenths of the members. 185 |
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212 | 212 | | (g) After the final statement is filed, members of 186 |
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213 | 213 | | [the house of representatives ] each house of the general 187 |
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214 | 214 | | assembly shall be elected according to such districts until 188 |
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215 | 215 | | a new redistricting plan is made as provided in this 189 |
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216 | 216 | | section[, except that if the final statement is not filed 190 |
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217 | 217 | | within six months of the time fixed for the appointment of 191 |
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218 | 218 | | the commission, the commission shall stand discharged and 192 |
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219 | 219 | | the house of representatives sha ll be redistricted using the 193 |
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220 | 220 | | same methods and criteria as described in subsection (b) of 194 |
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221 | 221 | | this section by a commission of six members appointed from 195 |
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222 | 222 | | among the judges of the appellate courts of the state of 196 |
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223 | 223 | | Missouri by the state supreme court, a majority of whom 197 |
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224 | 224 | | shall sign and file its redistricting plan and map with the 198 |
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225 | 225 | | secretary of state within ninety days of the date of the 199 SJR 16 8 |
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226 | 226 | | discharge of the house independent bipartisan citizens 200 |
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227 | 227 | | commission. The judicial commission shall make public the 201 |
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228 | 228 | | tentative redistricting plan and map of the proposed 202 |
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229 | 229 | | districts, as well as all demographic and partisan data used 203 |
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230 | 230 | | in the creation of the plan and map. Thereafter, members of 204 |
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231 | 231 | | the house of representatives shall be elected according to 205 |
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232 | 232 | | such districts until a redist ricting plan is made as 206 |
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233 | 233 | | provided in this section ]. 207 |
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234 | 234 | | (h) Each member of the commission shall receive as 208 |
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235 | 235 | | compensation fifteen dollars a day for each day the 209 |
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236 | 236 | | commission is in session but not more than one thousand 210 |
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237 | 237 | | dollars, or such compensation as is otherwise provided by 211 |
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238 | 238 | | law, and, in addition, shall be reimbursed for his or her 212 |
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239 | 239 | | actual and necessary expenses incurred while serving as a 213 |
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240 | 240 | | member of the commission. 214 |
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241 | 241 | | [(i) No redistricting plan shall be subject to the 215 |
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242 | 242 | | referendum. 216 |
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243 | 243 | | (j) Any action expressly or implicitly alleging that a 217 |
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244 | 244 | | redistricting plan violates this Constitution, federal law, 218 |
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245 | 245 | | or the United States Constitution shall be filed in the 219 |
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246 | 246 | | circuit court of Cole County and shall name the body that 220 |
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247 | 247 | | approved the challenged redistrictin g plan as a defendant. 221 |
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248 | 248 | | Only an eligible Missouri voter who sustains an individual 222 |
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249 | 249 | | injury by virtue of residing in a district that exhibits the 223 |
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250 | 250 | | alleged violation, and whose injury is remedied by a 224 |
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251 | 251 | | differently drawn district, shall have standing. If the 225 |
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252 | 252 | | court renders a judgment in which it finds that a completed 226 |
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253 | 253 | | redistricting plan exhibits the alleged violation, its 227 |
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254 | 254 | | judgment shall adjust only those districts, and only those 228 |
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255 | 255 | | parts of district boundaries, necessary to bring the map 229 |
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256 | 256 | | into compliance. The supreme court shall have exclusive 230 SJR 16 9 |
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257 | 257 | | appellate jurisdiction upon the filing of a notice of appeal 231 |
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258 | 258 | | within ten days after the judgment has become final. ] 232 |
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259 | 259 | | Section 5. The senate shall consist of thirty -four 1 |
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260 | 260 | | members elected by the quali fied voters of the senatorial 2 |
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261 | 261 | | districts for a term of four years. Senatorial districts 3 |
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262 | 262 | | shall be [apportioned] redistricted as provided for in 4 |
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263 | 263 | | Article III, Section [7] 3. 5 |
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264 | 264 | | Section 7. (a) [Within sixty days after the 1 |
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265 | 265 | | population of this state is reported to the President for 2 |
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266 | 266 | | each decennial census of the United States, or within sixty 3 |
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267 | 267 | | days after a redistricting plan has been invalidated by a 4 |
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268 | 268 | | court of competent jurisdiction, the state committee and the 5 |
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269 | 269 | | congressional district committe es of each of the two 6 |
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270 | 270 | | political parties casting the highest vote for governor at 7 |
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271 | 271 | | the last preceding general election shall meet and the 8 |
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272 | 272 | | members of each committee shall nominate, by a majority vote 9 |
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273 | 273 | | of the elected members of the committee present, provid ed 10 |
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274 | 274 | | that a majority of the elected members is present, members 11 |
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275 | 275 | | of their party, residents in that district, in the case of a 12 |
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276 | 276 | | congressional district committee, as nominees for the senate 13 |
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277 | 277 | | independent bipartisan citizens commission. No party shall 14 |
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278 | 278 | | select more than one nominee from any one state legislative 15 |
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279 | 279 | | district. The congressional district committees shall each 16 |
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280 | 280 | | submit to the governor their list of two elected nominees. 17 |
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281 | 281 | | The state committees shall each submit to the governor their 18 |
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282 | 282 | | list of five elected nominees. Within thirty days 19 |
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283 | 283 | | thereafter the governor shall appoint a senate independent 20 |
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284 | 284 | | bipartisan citizens commission consisting of two nominees 21 |
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285 | 285 | | from each list submitted by each state committee and one 22 |
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286 | 286 | | nominee from each list submitted by each cong ressional 23 |
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287 | 287 | | district committee, to redistrict the thirty -four senatorial 24 |
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288 | 288 | | districts and to establish the numbers and boundaries of 25 SJR 16 10 |
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289 | 289 | | said districts. No person shall be appointed to both the 26 |
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290 | 290 | | house independent bipartisan citizens commission and the 27 |
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291 | 291 | | senate independent bipartisan citizens commission during the 28 |
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292 | 292 | | same redistricting cycle. 29 |
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293 | 293 | | If any committee fails to submit a list within such 30 |
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294 | 294 | | time, the governor shall appoint a member of his or her own 31 |
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295 | 295 | | choice from the political party of the committee failing to 32 |
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296 | 296 | | submit a list, provided that in the case of a congressional 33 |
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297 | 297 | | district committee failing to submit a list, the person 34 |
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298 | 298 | | appointed to the commission by the governor shall reside in 35 |
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299 | 299 | | the congressional district of such committee. 36 |
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300 | 300 | | Members of the commission shall be disqualified from 37 |
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301 | 301 | | holding office as members of the general assembly for four 38 |
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302 | 302 | | years following the date of the filing by the commission of 39 |
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303 | 303 | | its final redistricting plan. 40 |
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304 | 304 | | (b) The commissioners so selected shall, on the 41 |
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305 | 305 | | fifteenth day, excluding Sundays and state holidays, after 42 |
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306 | 306 | | all members have been appointed, meet in the capitol 43 |
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307 | 307 | | building and proceed to organize by electing from their 44 |
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308 | 308 | | number a chairman, vice chairman and secretary. The 45 |
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309 | 309 | | commission shall adopt an agenda establishing at least three 46 |
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310 | 310 | | hearing dates on which hearings open to the public shall be 47 |
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311 | 311 | | held to hear objections or testimony from interested 48 |
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312 | 312 | | persons. A copy of the agenda shall be filed with the 49 |
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313 | 313 | | secretary of the senate within twenty -four hours after its 50 |
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314 | 314 | | adoption. Executive meetings may be scheduled and held as 51 |
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315 | 315 | | often as the commission deems advisable. 52 |
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316 | 316 | | (c) The senate independent bipartisan citizens 53 |
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317 | 317 | | commission shall redistrict the senate using the same 54 |
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318 | 318 | | methods and criteria as those required by subsection (b), 55 |
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319 | 319 | | section 3 of this Article for the redistricting of the house 56 |
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320 | 320 | | of representatives. 57 SJR 16 11 |
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321 | 321 | | (d) Not later than five months after the appointment 58 |
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322 | 322 | | of the senate independent bipartisan citizens commission, 59 |
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323 | 323 | | the commission shall file with the secretary of state a 60 |
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324 | 324 | | tentative redistricting plan and map of the proposed 61 |
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325 | 325 | | districts and during the ensuing fifteen days shall hold 62 |
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326 | 326 | | such public hearings as may be necessary to hear objections 63 |
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327 | 327 | | or testimony of interested persons. The commission shall 64 |
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328 | 328 | | make public the tenta tive redistricting plan and map of the 65 |
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329 | 329 | | proposed districts, as well as all demographic and partisan 66 |
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330 | 330 | | data used in the creation of the plan and map. 67 |
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331 | 331 | | (e) Not later than six months after the appointment of 68 |
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332 | 332 | | the commission, the commission shall file with the secretary 69 |
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333 | 333 | | of state a final statement of the numbers and the boundaries 70 |
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334 | 334 | | of the districts together with a map of the districts, and 71 |
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335 | 335 | | no statement shall be valid unless approved by at least 72 |
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336 | 336 | | seven-tenths of the members. 73 |
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337 | 337 | | (f) After the final statem ent is filed, senators shall 74 |
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338 | 338 | | be elected according to such districts until a new 75 |
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339 | 339 | | redistricting plan is made as provided in this section, 76 |
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340 | 340 | | except that if the final statement is not filed within six 77 |
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341 | 341 | | months of the time fixed for the appointment of the 78 |
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342 | 342 | | commission, the commission shall stand discharged and the 79 |
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343 | 343 | | senate shall be redistricted using the same methods and 80 |
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344 | 344 | | criteria as described in subsection (b) of section 3 of this 81 |
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345 | 345 | | Article by a commission of six members appointed from among 82 |
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346 | 346 | | the judges of the app ellate courts of the state of Missouri 83 |
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347 | 347 | | by the state supreme court, a majority of whom shall sign 84 |
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348 | 348 | | and file its redistricting plan and map with the secretary 85 |
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349 | 349 | | of state within ninety days of the date of the discharge of 86 |
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350 | 350 | | the senate independent bipartisan ci tizens commission. The 87 |
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351 | 351 | | judicial commission shall make public the tentative 88 |
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352 | 352 | | redistricting plan and map of the proposed districts, as 89 SJR 16 12 |
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353 | 353 | | well as all demographic and partisan data used in the 90 |
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354 | 354 | | creation of the plan and map. Thereafter, senators shall be 91 |
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355 | 355 | | elected according to such districts until a redistricting 92 |
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356 | 356 | | plan is made as provided in this section. 93 |
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357 | 357 | | (g) Each member of the commission shall receive as 94 |
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358 | 358 | | compensation fifteen dollars a day for each day the 95 |
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359 | 359 | | commission is in session, but not more than one thousand 96 |
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360 | 360 | | dollars, and, in addition, shall be reimbursed for his or 97 |
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361 | 361 | | her actual and necessary expenses incurred while serving as 98 |
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362 | 362 | | a member of the commission ] If the general assembly 99 |
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363 | 363 | | independent bipartisan citizens commission final statement 100 |
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364 | 364 | | is not filed within six months of the time fixed for the 101 |
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365 | 365 | | appointment of the commission, the commission shall stand 102 |
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366 | 366 | | discharged and the general assembly shall be redistricted 103 |
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367 | 367 | | using the same methods and criteria as described in 104 |
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368 | 368 | | subsection (b) of section 3 of Article III, by a commission 105 |
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369 | 369 | | of six members appointed equally from among the judges of 106 |
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370 | 370 | | each of the districts of the appellate courts of the state 107 |
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371 | 371 | | of Missouri by the presiding judge of the state supreme 108 |
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372 | 372 | | court, a majority of whom shall sign and file its tentativ e 109 |
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373 | 373 | | redistricting plan and map with the secretary of state 110 |
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374 | 374 | | within thirty days of the date of the discharge of the 111 |
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375 | 375 | | general assembly independent bipartisan citizens commission 112 |
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376 | 376 | | to which the public may submit objections or comments. 113 |
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377 | 377 | | Within sixty days of th e date of discharge of the general 114 |
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378 | 378 | | assembly independent bipartisan citizens commission, the 115 |
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379 | 379 | | judicial commission shall submit to the secretary of state 116 |
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380 | 380 | | and make public the final redistricting plan and map of the 117 |
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381 | 381 | | proposed districts, as well as all demogr aphic and partisan 118 |
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382 | 382 | | data used in the creation of the plan and map. Thereafter, 119 |
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383 | 383 | | members of each house of the general assembly shall be 120 SJR 16 13 |
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384 | 384 | | elected according to such districts until a redistricting 121 |
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385 | 385 | | plan is made as provided in Article III, Section 3 . 122 |
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386 | 386 | | [(h)] (b) No redistricting plan shall be subject to 123 |
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387 | 387 | | the referendum. 124 |
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388 | 388 | | [(i)] (c) Any action expressly or implicitly alleging 125 |
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389 | 389 | | that a redistricting plan violates this Constitution, 126 |
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390 | 390 | | federal law, or the United States Constitution shall be 127 |
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391 | 391 | | filed in the circuit court of Cole County and shall name the 128 |
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392 | 392 | | body that approved the challenged redistricting plan as a 129 |
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393 | 393 | | defendant. Only an eligible Missouri voter who sustains an 130 |
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394 | 394 | | individual injury by virtue of residing in a district that 131 |
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395 | 395 | | exhibits the alleged violation , and whose injury is remedied 132 |
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396 | 396 | | by a differently drawn district, shall have standing. If 133 |
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397 | 397 | | the court renders a judgment in which it finds that a 134 |
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398 | 398 | | completed redistricting plan exhibits the alleged violation, 135 |
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399 | 399 | | its judgment shall adjust only those districts, and only 136 |
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400 | 400 | | those parts of district boundaries, necessary to bring the 137 |
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401 | 401 | | map into compliance. The supreme court shall have exclusive 138 |
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402 | 402 | | appellate jurisdiction upon the filing of a notice of appeal 139 |
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403 | 403 | | within ten days after the judgment has become final. 140 |
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404 | 404 | | Section 8. (a) No one shall be elected to serve [more 1 |
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405 | 405 | | than] as a member of: 2 |
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406 | 406 | | (1) The house of representatives for two years after 3 |
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407 | 407 | | serving eight consecutive years in such house; 4 |
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408 | 408 | | (2) The senate for four years after serving eight 5 |
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409 | 409 | | consecutive years [total] in [any one] such house [of the 6 |
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410 | 410 | | General Assembly nor more than ]; or 7 |
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411 | 411 | | (3) Either house of the general assembly for four 8 |
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412 | 412 | | years after serving sixteen consecutive years [total] in 9 |
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413 | 413 | | both houses of the General Assembly. 10 |
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414 | 414 | | (b) In applying this section, service in the General 11 |
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415 | 415 | | Assembly [resulting from an election prior to December 3, 12 SJR 16 14 |
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416 | 416 | | 1992, or service] of less than one year, in the case of a 13 |
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417 | 417 | | member of the house of representatives, or two years, in the 14 |
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418 | 418 | | case of a member of the senate, by a person elected after 15 |
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419 | 419 | | the effective date of this section to complete the term of 16 |
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420 | 420 | | another person, shall not be counted. 17 |
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421 | 421 | | Section 9. Until the convening of the [seventy-fourth] 1 |
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422 | 422 | | one hundred seventh General Assembly the House of 2 |
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423 | 423 | | Representatives shall consist of one hundred sixty -three 3 |
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424 | 424 | | members elected from [the] one hundred sixty-three 4 |
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425 | 425 | | representative districts [, as they existed January 1, 5 |
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426 | 426 | | 1965]. Beginning with the one hundred seventh general 6 |
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427 | 427 | | assembly, the house of re presentatives shall consist of one 7 |
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428 | 428 | | hundred seventy members elected from one hundred seventy 8 |
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429 | 429 | | districts by the qualified voters of such districts for a 9 |
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430 | 430 | | term of two years. Representative districts shall be 10 |
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431 | 431 | | redistricted as provided for in Section 3 of thi s Article. 11 |
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432 | 432 | | Section 16. [Senators and representatives shall 1 |
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433 | 433 | | receive from the state treasury as salary such sums as are 2 |
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434 | 434 | | provided by law.] Until otherwise provided by law, 3 |
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435 | 435 | | notwithstanding Section 13 of Article VII of this 4 |
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436 | 436 | | constitution to the contrary, beginning with the first 5 |
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437 | 437 | | regular session following the adoption of Section 20 of this 6 |
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438 | 438 | | Article, each senator or representative shall receive from 7 |
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439 | 439 | | the state treasury as salary three times the sum as is 8 |
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440 | 440 | | currently provided by law at the ti me of the passage of this 9 |
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441 | 441 | | amendment. Senators and representatives shall devote their 10 |
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442 | 442 | | full time, during their term of office, to their duties as 11 |
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443 | 443 | | members of the general assembly. No law fixing the 12 |
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444 | 444 | | compensation of members of the general assembly shall b ecome 13 |
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445 | 445 | | effective until the first day of the regular session of the 14 |
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446 | 446 | | general assembly next following the session at which the law 15 |
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447 | 447 | | was enacted. Upon certification by the president and 16 SJR 16 15 |
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448 | 448 | | secretary of the senate and by the speaker and chief clerk 17 |
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449 | 449 | | of the house of representatives as to the respective members 18 |
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450 | 450 | | thereof, the state comptroller shall audit and the state 19 |
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451 | 451 | | treasurer shall pay such compensation without legislative 20 |
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452 | 452 | | enactment. [Until otherwise provided by law ] Senators and 21 |
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453 | 453 | | representatives shall receiv e [one dollar for every ten 22 |
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454 | 454 | | miles] such sum as is provided by law for each mile traveled 23 |
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455 | 455 | | in going to and returning from their place of meeting while 24 |
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456 | 456 | | the legislature is in session, on the most usual route. 25 |
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457 | 457 | | [Until otherwise provided by law, ] Each senator or 26 |
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458 | 458 | | representative shall be reimbursed from the state treasury 27 |
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459 | 459 | | for the actual and necessary expenses incurred by him or her 28 |
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460 | 460 | | in attending sessions of the general assembly in [the] such 29 |
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461 | 461 | | sum [of ten dollars ($10.00) ] as is provided by law per day 30 |
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462 | 462 | | for each day on which the journal of the senate or house 31 |
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463 | 463 | | respectively shows the presence of such senator or 32 |
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464 | 464 | | representative. Upon certification by the president and 33 |
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465 | 465 | | secretary of the senate and by the speaker and chief clerk 34 |
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466 | 466 | | of the house of representatives as to the respective members 35 |
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467 | 467 | | thereof, the state comptroller shall approve and the state 36 |
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468 | 468 | | treasurer shall pay monthly such expense allowance without 37 |
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469 | 469 | | legislative enactment. 38 |
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470 | 470 | | Section 18. Each house shall appoint its own officers; 1 |
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471 | 471 | | shall be sole judge of the qualifications, election and 2 |
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472 | 472 | | returns of its own members; and may determine the rules of 3 |
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473 | 473 | | its own proceedings, except as herein provided [;]. The 4 |
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474 | 474 | | lieutenant governor shall cast the deciding vote on equal 5 |
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475 | 475 | | division in the house of repr esentatives. Each house may 6 |
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476 | 476 | | arrest and punish by fine not exceeding three hundred 7 |
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477 | 477 | | dollars, or imprisonment in a county jail not exceeding ten 8 |
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478 | 478 | | days, or both, any person not a member, who shall be guilty 9 |
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479 | 479 | | of disrespect to the house by any disorderly or c ontemptuous 10 SJR 16 16 |
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480 | 480 | | behavior in its presence during its sessions; may punish its 11 |
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481 | 481 | | members for disorderly conduct; and, with the concurrence of 12 |
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482 | 482 | | two-thirds of all members elect, may expel a member; but no 13 |
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483 | 483 | | member shall be expelled a second time for the same cause. 14 |
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484 | 484 | | Section 20. The general assembly shall [meet] convene 1 |
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485 | 485 | | on the first Wednesday after the first Monday in January 2 |
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486 | 486 | | following each general election. The general assembly may 3 |
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487 | 487 | | provide by law for the introduction of bills , to be 4 |
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488 | 488 | | considered in the session commencing the first Wednesday 5 |
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489 | 489 | | after the first Monday of January following each general 6 |
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490 | 490 | | election, during the period between the first day of 7 |
---|
491 | 491 | | December following each general election and the first 8 |
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492 | 492 | | Wednesday after the first Monday of Jan uary following each 9 |
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493 | 493 | | general election. The general assembly shall be a 10 |
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494 | 494 | | continuous body during the term for which members of the 11 |
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495 | 495 | | house of representatives are elected . 12 |
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496 | 496 | | [The general assembly shall reconvene on the first 13 |
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497 | 497 | | Wednesday after the first Monday of January after 14 |
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498 | 498 | | adjournment at midnight on May thirtieth of the preceding 15 |
---|
499 | 499 | | year.] A majority of the elected members of each house 16 |
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500 | 500 | | shall constitute a quorum to do business, but a smaller 17 |
---|
501 | 501 | | number may adjourn from day to day, and may compel the 18 |
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502 | 502 | | attendance of absent members in such manner and under such 19 |
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503 | 503 | | penalties as each house may provide. The sessions of each 20 |
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504 | 504 | | house shall be held with open doors, except in cases which 21 |
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505 | 505 | | may require secrecy but not including the final vote on 22 |
---|
506 | 506 | | bills, resolutions and co nfirmations. Neither house shall, 23 |
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507 | 507 | | without the consent of the other, adjourn for more than ten 24 |
---|
508 | 508 | | days at any one time, nor to any other place than that in 25 |
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509 | 509 | | which the two houses may be sitting. 26 |
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510 | 510 | | Section 20(a). The general assembly shall a djourn at 1 |
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511 | 511 | | midnight on [May thirtieth until the first Wednesday after 2 SJR 16 17 |
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512 | 512 | | the first Monday of January of the following year ] December 3 |
---|
513 | 513 | | thirty-first after each general election , unless it has 4 |
---|
514 | 514 | | adjourned prior thereto. All bills in either house 5 |
---|
515 | 515 | | remaining on the calendar after 6:00 p.m. on the [first 6 |
---|
516 | 516 | | Friday following the second Monday in May ] thirtieth day of 7 |
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517 | 517 | | November immediately following each general election are 8 |
---|
518 | 518 | | tabled. For any bills not enrolled, engrossed, signed and 9 |
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519 | 519 | | delivered to the governor, prior t o the thirtieth day of 10 |
---|
520 | 520 | | November following the general election, the period between 11 |
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521 | 521 | | the first [Friday following the second Monday in May and May 12 |
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522 | 522 | | thirtieth] day in December following each general election 13 |
---|
523 | 523 | | and the tenth day of December following each gene ral 14 |
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524 | 524 | | election shall be devoted to the enrolling, engrossing, and 15 |
---|
525 | 525 | | the signing in open session by officers of the respective 16 |
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526 | 526 | | houses of bills passed prior to 6:00 p.m. on [the first 17 |
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527 | 527 | | Friday following the second Monday in May ] the thirtieth day 18 |
---|
528 | 528 | | of November following each general election . 19 |
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529 | 529 | | The general assembly shall automatically stand 20 |
---|
530 | 530 | | adjourned sine die at 6:00 p.m. on [the sixtieth calendar 21 |
---|
531 | 531 | | day after the date of its convening in special session ] the 22 |
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532 | 532 | | thirty-first day of December following each genera l 23 |
---|
533 | 533 | | election, unless it has adjourned sine die prior thereto. 24 |
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534 | 534 | | Section 31. Every bill which shall have passed the 1 |
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535 | 535 | | house of representatives and the senate shall be presented 2 |
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536 | 536 | | to and considered by the governor, and, within fifteen days 3 |
---|
537 | 537 | | after presentment, he shall return such bill to the house in 4 |
---|
538 | 538 | | which it originated endorsed with his approval or 5 |
---|
539 | 539 | | accompanied by his objections. If the bill be approved by 6 |
---|
540 | 540 | | the governor it shall become a law. [When the general 7 |
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541 | 541 | | assembly adjourns, or recesse s for a period of thirty days 8 |
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542 | 542 | | or more, the governor shall return within forty -five days 9 |
---|
543 | 543 | | any bill to the office of the secretary of state with his 10 SJR 16 18 |
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544 | 544 | | approval or reasons for disapproval. ] If any bill shall not 11 |
---|
545 | 545 | | be returned by the governor within the time l imits 12 |
---|
546 | 546 | | prescribed by this section it shall become law in like 13 |
---|
547 | 547 | | manner as if the governor had signed it. 14 |
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548 | 548 | | Section 32. Every bill presented to the governor and 1 |
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549 | 549 | | returned with his objections shall stand as reconsidered in 2 |
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550 | 550 | | the house to which it is returned, at any time the general 3 |
---|
551 | 551 | | assembly may be in session, in the sole discretion of the 4 |
---|
552 | 552 | | general assembly, but not later than thirty days after the 5 |
---|
553 | 553 | | bill is returned, with objections, by the governor . If the 6 |
---|
554 | 554 | | governor returns any bill with hi s objections on or after 7 |
---|
555 | 555 | | the fifth day before the last day upon which a session of 8 |
---|
556 | 556 | | the general assembly may consider bills, the general 9 |
---|
557 | 557 | | assembly shall automatically reconvene on the [first 10 |
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558 | 558 | | Wednesday following the second Monday in September ] twenty- 11 |
---|
559 | 559 | | seventh day of December following each general election for 12 |
---|
560 | 560 | | a period not to exceed [ten] five calendar days for the sole 13 |
---|
561 | 561 | | purpose of considering bills returned by the governor. The 14 |
---|
562 | 562 | | objections of the governor shall be entered upon the journal 15 |
---|
563 | 563 | | and the house shall proceed to consider the question 16 |
---|
564 | 564 | | pending, which shall be in this form: "Shall the bill pass, 17 |
---|
565 | 565 | | the objections of the governor thereto notwithstanding?" The 18 |
---|
566 | 566 | | vote upon this question shall be taken by yeas and nays and 19 |
---|
567 | 567 | | if two-thirds of the elected me mbers of the house vote in 20 |
---|
568 | 568 | | the affirmative the presiding officer of that house shall 21 |
---|
569 | 569 | | certify that fact on the roll, attesting the same by his 22 |
---|
570 | 570 | | signature, and send the bill with the objections of the 23 |
---|
571 | 571 | | governor to the other house, in which like proceedings shall 24 |
---|
572 | 572 | | be had in relation thereto. The bill thus certified shall 25 |
---|
573 | 573 | | be deposited in the office of the secretary of state as an 26 |
---|
574 | 574 | | authentic act and shall become a law. 27 SJR 16 19 |
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575 | 575 | | [Section 20(b). Upon the filing with the 1 |
---|
576 | 576 | | secretary of state of a peti tion stating the 2 |
---|
577 | 577 | | purpose for which the session is to be called 3 |
---|
578 | 578 | | and signed by three-fourths of the members of 4 |
---|
579 | 579 | | the senate and three -fourths of the members of 5 |
---|
580 | 580 | | the house of representatives, the president pro 6 |
---|
581 | 581 | | tem of the senate and the speaker of the house 7 |
---|
582 | 582 | | shall by joint proclamation convene the general 8 |
---|
583 | 583 | | assembly in special session. The proclamation 9 |
---|
584 | 584 | | shall state specifically each matter contained 10 |
---|
585 | 585 | | in the petition on which action is deemed 11 |
---|
586 | 586 | | necessary. No appropriation bill shall be 12 |
---|
587 | 587 | | considered in a special session convened 13 |
---|
588 | 588 | | pursuant to this section if in that year the 14 |
---|
589 | 589 | | general assembly has not passed the operating 15 |
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590 | 590 | | budget in compliance with Section 25 of this 16 |
---|
591 | 591 | | article. 17 |
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592 | 592 | | The general assembly shall automatically 18 |
---|
593 | 593 | | stand adjourned sine die at 6:00 p.m. on t he 19 |
---|
594 | 594 | | thirtieth calendar day after the date of its 20 |
---|
595 | 595 | | convening in special session under this section 21 |
---|
596 | 596 | | unless it has adjourned sine die prior thereto. ] 22 |
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597 | 597 | | |
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