Oklahoma 2023 Regular Session

Oklahoma House Bill HJR1024 Latest Draft

Bill / Introduced Version Filed 01/19/2023

                             
 
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STATE OF OKLAHOMA 
 
1st Session of the 59th Legislature (2023) 
 
HOUSE JOINT 
RESOLUTION 1024 	By: Dollens 
 
 
 
 
AS INTRODUCED 
 
A Joint Resolution directing the Secretary of S tate 
to refer to the people for their approval or 
rejection of proposed new sections to Article V of 
the Constitution of the State of Oklahoma; providing 
for House and Senate districts; specifying power of 
redistricting; defining terms; creating the Citizens' 
Independent Redistricting Commission; providing for 
composition and qualification of the Commission; 
providing for application and selection of 
Commissioners; providing for funding of the 
Commission; providing for duties of the Commission 
and the Secretary; providing for redistricting 
criteria; providing for judicial review; re pealing 
sections related to legislative apportionment; 
providing ballot title; and directing filing. 
 
 
 
 
 
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF T HE 
1ST SESSION OF THE 59TH OKLAHOMA LEGISLATURE: 
SECTION 1.  The Secretary of State shall refer to the people for 
their approval or rejection, as and in the manner provided by law, 
the following proposed amendment to the Const itution of the State of 
Oklahoma by adding a new S ection 12A to Article V thereof, to read 
as follows:   
 
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Section 12A.  The state shall be divided into forty -eight (48) 
Senatorial districts.  Each Senatorial district shall be entitled to 
one Senator, who shall hold office for four (4) years; provided that 
any Senator, serving at the time of the ado ption of this amendment, 
shall serve the full time for which he or she was elected. 
Vitalization of Senatorial districts shall provide for one -half 
(1/2) of the Senators to be elected at each General Election. 
SECTION 2.  The Secretary of S tate shall refer to the people for 
their approval or rejection, as and in the manner provided by law, 
the following proposed amendment to the Constitution of the Sta te of 
Oklahoma by adding a new Section 12B to Article V thereof, to read 
as follows: 
Section 12B.  The state shall be divided into one hundred one 
(101) districts for the House of Representatives.  Each district 
shall be entitled to one Representative.  Each Representative 
elected shall hold office for two (2) years. 
SECTION 3.  The Secretary of State shall refer to the people for 
their approval or rejection, as and in the manner provided by law, 
the following proposed amendment to the Const itution of the State of 
Oklahoma by adding a new Section 12C to Article V thereof, to read 
as follows: 
Section 12C.  A. The power to redistrict the State of 
Oklahoma's House of Representative s and Senatorial districts is   
 
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henceforth vested in th e Citizens' Independent Redistrictin g 
Commission. 
B.  The power to redistrict Oklahoma's Federal Congressional 
Districts is henceforth vested in the C itizens' Independent 
Redistricting Commission . 
SECTION 4.  The Secretary of State shall refer to the people for 
their approval or rejection, as and in the manner provided by law, 
the following proposed amendment to the Constitution of the S tate of 
Oklahoma by adding a new Section 12D to Article V thereof, to read 
as follows: 
Section 12D.  A.  Definitions. 
1.  "Federal Congressional Districts" shall refer to Oklahoma's 
United States Congressional Districts. 
2.  "Groups" shall refer to the g roups of candidates for 
Commissioners that have been sorte d by their partisan affiliation or 
unaffiliation as determine d by their registration o r non-
registration with a party with ballot access at the time of the most 
recent General Election. 
3.  "Affiliated" shall refer to citizens who, as of the date of 
their application to serve as Commissioner, have been continuously 
registered with the same party with ballot access for the last four 
(4) years. 
4.  "Unaffiliated" shall refer to citizens who, as of the d ate 
of their application to serve as Commissioner, have not been   
 
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registered with either of the two largest parties wit h ballot access 
for any of the last four (4) years. 
5.  "Plan" shall refer to any proposed or approved Redistricting 
Plan for the districts for Representatives in the U.S. Congress, for 
Oklahoma State Representatives, or for Oklahoma State Senators. 
6.  "Pool" shall refer to a gro up of applicants selected by the 
Panel. 
7.  "Panel" shall refer to the group of retired Judges or 
Justices chosen by the Chief Justice of the Oklahoma Supreme Court 
to oversee the creation of the Commission. 
8.  "Census Block" shall refer to a census block used by the 
United States Bureau of the Census in the most recent Federal 
Decennial Census. 
9.  "Immediate family member" shall refer to, with respect to an 
individual, a father, stepfather, mother, stepmother, son, stepson, 
daughter, stepdaughter, brothe r, stepbrother, sister, s tepsister, 
husband, wife, father -in-law, or mother-in-law. 
B.  The Citizens' Independent Redistricting Commission ( "the 
Commission") 
1.  Composition.  The Commission shall consist of nine (9) 
Commissioners: three Commissioners for each Group representing o ne 
of the two largest parties with ballot access at the time of the 
most recent General E lection based on total registration, and three 
Commissioners for the Group representing those that are unaffiliated   
 
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with either of the state 's two largest political pa rties with ballot 
access at the time of t he most recent General Election. 
2.  Qualifications.  Each Commissioner shall possess all the 
following qualificatio ns: 
a. be a citizen who has been continuously dom iciled in 
Oklahoma for five (5) years immediately preceding the 
date of appointment to the Commission and whose 
registered political affili ation has not changed in 
the four (4) years immediately preceding the dat e of 
appointment to the Commission , 
b. has not held, and does not hav e an immediate family 
member who has held, partisan elective offic e at the 
federal, state or political subdivision level in this 
state in the five (5) years immediately preceding the 
date of appointment to the Commission , 
c. has not registered, and does no t have an immediate 
family member who has registered, as a federal, state 
or local lobbyist in the five (5) years immediately 
preceding the date of appointment to the Co mmission, 
d. has not held office or served, and does not have an 
immediate family membe r who has held office or served, 
as a paid staff member for a poli tical party in the 
five (5) years immediately preceding the date of 
appointment to the Commission,   
 
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e. has not been nominated, and does not have an immediate 
family member who has been nomina ted, as a candidate 
for elective office by a political party in the five 
(5) years immediately preceding the date of 
appointment to the Commission, and 
f. has not been and does not have an immediate family 
member who has been an employee or paid consultant of 
the Oklahoma State Legislature or U.S. Congress in the 
five (5) years immediately preceding the date of 
appointment to the Commission. 
3.  Failure to Possess Qualifications : 
a. If it is found during the work of the Commission that 
a member did not possess at the time of selection to 
the Commission all of the qualifications in paragraph 
2 of this subsection, that member shall be removed and 
replaced with a member from the same Group using the 
process described in paragraph 5 of this subsection. 
b. If it is found after the completion of the 
Commission's activities that any member did not 
possess all of the qualificat ions in paragraph 2 of 
this subsection, this shall not create a sufficient 
cause of action to challenge any Plan. 
4.  Application and Selection of Commissioners.   
 
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a. No later than December 1 of the year 2030, or October 
1 of each subsequent year ending in zero, the Chief 
Justice of the Oklahoma Supreme Court shall appoint 
the director or an employee of its Administrative 
Office or, if no director or employee of such office 
is able and willing to serve in this capacity, then 
another public employee to serve as a Special Master 
to act as a disinterested party to oversee the 
application process and th e training of Commissioners,  
and to report the Commission's progress to the Panel. 
The Special Master shall possess all the 
qualifications in paragraph 2 of this subsection. 
b. No later than December 15 of 20 30, and no later than 
December 1 of each subseq uent year ending in zero, the 
Chief Justice of the Oklahoma Supreme Court shall 
designate a Panel to review the applications.  The 
Panel shall consist of three (3) Judges or Justices 
who have retired from the Oklahoma Supreme Court or 
the Oklahoma Court of Criminal Appeals or the Oklahoma 
Court of Civil Appeals, and who are able and willing 
to serve on the Panel, select ed by random drawing.  If 
fewer than three state appellate Judges or Justices 
who are able and willing to serve have been 
identified, then the Chief Justice shall appoint a   
 
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retired Oklahoma Federal District Court Judge who 
accepts such appointment . 
c. Application to serve as a member of the Commission 
shall be filed with, and on a form developed by, the 
Special Master indicating thereon evidence of his or 
her qualifications as provided by this subsection.  
The form must request information sufficient to all ow 
the Panel to adequately review and assess each 
candidate's qualifications and experience to serve on 
the Commission.  The form shall include language that 
requires the applicant to affirmatively declare that 
the information submitted is accurate and shall also 
contain an advisory that providing false information 
may lead to perjury charges. The Special Master shall 
advertise the opportunit y to apply as a member of the 
Commission in the major news outlets in Oklah oma, 
including print, television, radio a nd social media 
outlets.  Such advertising shall be at a level to  
reasonably expose registered voters in Oklahoma to the 
opportunity to serve on the Commission. 
d. No later than January 31 of the redistricting year 
ending in one, the Special Master shall notify the 
Panel that the application deadline is closed and 
submit the applications to the Panel .   
 
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e. All decisions of the Panel regarding t he selection of 
applicants pursuant to this subsection require the 
affirmative approval of all three (3) members of the 
Panel. 
f. In one or more public meetings conducted on or before 
February 7 of the redistricting year endin g in one, 
after reviewing the applications of the applicants, 
the Panel shall identify Pools of twenty (2 0) 
applicants who are affiliated with the state's largest 
political party, twenty (20) applicants who are 
affiliated with the state 's second largest political 
party, and twenty (20) applicants who are unaffiliated 
with either of the two largest political p arties, or 
such lesser number as there ar e available, and who in 
the view of the Panel best demonstrate: 
(1) experience in organizing, representing , 
advocating for, adjudicating the interests of, or 
actively participating in groups, organizations, 
or associations in Oklahoma, and 
(2) relevant analytical skills, the ability to be 
impartial, and the ability to promote consensus 
on the Commission. The Panel shall achieve 
geographic balance by ensuring, to the extent 
practicable, that there are no fewer than t hree   
 
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(3) applicants from each current Con gressional 
District within each Pool.  The Panel shall also, 
to the extent practicable, ensure that each Pool 
reflects the state's diversity. If there are not 
sufficient numbers of applicants to allow for 
three (3) Commissioners and one (1) Alternate to 
be selected from any group, as required by this 
section, then the Fallback Mechanism shall take 
effect. 
g. No later than Februar y 7 of the redistricting year 
ending in one, from the Pools of applicants identified 
in subparagraph f of this paragraph, the Pan el shall 
choose by lot, in random drawing, nine (9) applicants 
to serve on the Commission as follows: 
(1) three Commissioners who are unaffiliated with 
either of the state's two largest political 
parties, 
(2) three Commissioners who are affiliated with the 
state's largest political party , and 
(3) three Commissioners who are affiliated with the 
state's second largest political party, 
h. after the initial nine Commissioners have been 
appointed pursuant to subparagraph g of this 
paragraph, from the remaining P ools of applicants   
 
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identified in subparagraph f of this paragraph, the 
Panel shall choose by lot one Commissioner from each 
Pool to serve as Alternates in order to f ill vacancies 
on the Commission. 
5.  Removal of a member and vacancies on the Commission shall be 
subject to the following: 
a. a commissioner's office shall become vacant upon the 
occurrence of any of the following: 
(1) death or mental incapacity of the Commissioner, 
(2) the Secretary of State's receipt of the 
Commissioner's written resignation, 
(3) the Commissioner ceases to be qualified to serve 
as a Commissioner under paragraph 2 of this 
subsection, or 
(4) after written notice and an opportunity for the 
Commissioner to respond, a vote of two-thirds 
(2/3) of the Commissioners finding substantia l  
neglect of duty, gross misconduct in office, or 
inability to discharge the duties of office , 
b. any vacancy in the Commission shall be filled within 
seven (7) days from the time the Commission is 
notified of the vacancy.  The vacancy shall be filled 
by the Alternate from the corresponding Group chosen 
in subparagraph h of paragraph 4 of this subsection.    
 
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If more alternates are needed, they may be selected by 
the Panel from the applicants previously selected in 
subparagraph f of paragraph 4 this subsectio n. 
6.  Prohibitions.  A Commissioner shall waive his or her right 
to run for any elected office in a district created by the work of 
the Commission on which the member served. 
7.  Compensation.  The Commissioners sh all be compensated for 
their service in the same manner as the current per diem and travel 
reimbursement for members of the State Legislature. 
8.  Funding. 
a. There is hereby created in the State Treasury a 
revolving fund for the Citizens' Independent 
Redistricting Commission to be designated as the 
"Citizens' Independent Redistricting Commission 
Revolving Fund".  The fund shall be a continuing f und, 
not subject to fiscal year limitations, and shall 
consist of all monies apportioned to the fund or 
monies received by the Commission as prescribed by 
law.  All monies accruing to the credit of said fund 
are hereby appropriated and may be budgeted and 
expended by the Oklahoma Redistricting Commission to 
perform duties as prescribed by law.  Expenditures 
from said fund shall be made upon warrants issued by 
the State Treasurer against claims filed as prescribed   
 
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by law with the Dire ctor of the Office of Management 
and Enterprise Services for approval and payment. 
b. On or before February 25 each year, the Commission 
shall receive an appropriation by the Legislature 
sufficient to enable the Commission to perform its 
duties as set forth in this Article. 
9.  Record Keeping.  All Commission votes must be taken by roll 
call and published on the Commission's website, along with meeting 
transcripts or minutes including details of any Plan vote d on. 
10.  Public Notice.  The Commission shall provide the public at 
least forty-eight (48) hours' notice for all public meetings and 
hearings.  The Commission shall make each notice wh ich is required 
to be posted and publishe d under this section available in any 
language in which the state or any jurisdiction in the state is 
required to provide election materials under federal law. All 
meetings and hearings except for executive session shall be 
livestreamed over the Internet, and transcripts made publicly 
available via electronic archive.  The Commissioners shall not 
discuss redistricting matters with members of the public outside of 
an open meeting of the Commission, except that a Commissioner may 
communicate about redistricting matters with members of the public 
to gain information relevant to the performance of his or her duties 
if such communication occurs in writing available to the public or 
at a previously publicly noticed forum or town hall open to the   
 
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general public.  This paragraph does not prohibit communication 
between Commissioners and staff, legal counsel, or c onsultants 
retained by the Commission. 
C.  Duties of the Commissi on and the Secretary: 
1.  After the Commissioners are appointed, the Commission shall: 
a. select a Secretary.  The Special Master shall nominate 
a Secretary.  The nominee must meet all the cr iteria 
of paragraph 2 of subsection B of this section, and be 
approved by a majority vote of Commissioners.  If the 
Commissioners cannot reach the needed votes, the  
Special Master shall make another nomination. 
2.  The Secretary.  The duties of the Secretary include the 
following: 
a. assist in the running and convening of Commission 
meetings, including the drafting of Plans and 
approving expenditures necessary for the Commission to 
fulfill its duties, 
b. publicize and hold regional field hearings in each 
Congressional District to seek public input relevant 
to redistricting, 
c. gather precinct-level shapefiles and data on voter 
registration and election returns for general and 
primary elections for the preceding decade, and make   
 
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the data available for public download by the date of 
the first public hearing, 
d. disaggregate and reaggregate the electoral data to 
correspond to the Census Block that will be used to 
assemble Districts, 
e. gather information from the Department of Corrections 
about the home address of state and federal inmates, 
f. begin analyzing election return s from recent Primary 
and General Elections to help ensure that the 
Commission's redistricting Plans will not have the 
effect of denying or abridging the right to vote on 
account of race, eth nicity, or membership in a 
language minority group, 
g. hire and manage staff to assist in the Commission and 
Secretary's duties, 
h. assist the Special Maste r in training Commissio ners, 
and 
i. develop and maintain a website that creates a public 
Plan drawing system and allows members of the public 
to: 
(1) monitor and comment on the Commission's work, 
(2) access the data sets and utilize the tools 
necessary to draw Plans, 
(3) view prior district maps for comparison , and   
 
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(4) submit proposed Plans and maps indi cating 
communities of interest. 
3.  Data Preparation.  After the United States Bureau of the 
Census releases the Fe deral Decennial Census Data, the Commissi on 
shall: 
a. add the data gathered under subparagraph e of 
paragraph 2 of this subsection to the Federal 
Decennial Census data so that incarcerated people are 
counted in their home communities, 
b. update the analysis begun under subparagraph f of 
paragraph 2 of this subsection , 
c. promptly post on the Commission 's website Federal 
Decennial Census data, e lectoral data, and boundary 
maps in digitally readable format, at district and 
precinct levels of detail for general and primary 
elections for each Plan submitted by a Commissioner, 
d. develop and publish pu blicly no more than two (2) 
preliminary Plans for the redistricting of the 
Oklahoma House of Representatives, Oklahoma State 
Senate and Federal Congressional Distri cts, 
e. approve final Plans for State House of Representatives 
and Senatorial and Federal Congressional 
redistricting, as set forth in subsect ion D of this 
section, and   
 
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f. release all proposed maps for c omment in formats that 
are easily accessible and readable by members of the 
public, such as PDF, machine-readable comma-separated 
values, shapefile, and on the same interactive the 
Secretary is required to create for public submission 
of maps. 
D.  Plan Criteria and Consideration.  The Commission shall 
simultaneously conduct separate processes for d rawing and submitting 
Plans for the redistricting of the State House of Representative s 
and Senatorial and Federal Congressional Districts. The Commission 
shall consider both Commissioner-submitted draft Plans and publicly 
submitted draft Plans. 
1.  Redistricting Criteria. 
a. Federal law.  The redistricting Plan must comply with 
the United States Constitu tion and all applicable 
federal law, including the requiremen t that it 
equalize total population. 
b. Contiguity.  Each district must be contiguous.  The 
term "contiguous" means that the district is bounded 
by one unbroken line and is not divided into two o r 
more discrete pieces.  A district is not contiguous if 
pieces of the district touch at only a single point; 
nor is a district contiguous if it includes pieces of 
land entirely separated by a body of water but does   
 
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not include any bridges, tunnels, or pub lic ferries 
connecting those pieces of land. 
c. The Commission shall also seek to maximize compliance 
with each of the following criteria, set forth in th e 
following order of priority: 
(1) Communities of interest.  Districts shall 
minimize the division of communities of interest 
to the extent practicable.  A community of 
interest is defined as an area with recognized 
similarities of interests, including but not 
limited to, racial, ethnic, economic, social, 
cultural, geographic, tribal, linguistic, or 
historic identities.  Communities of interest 
shall not include common relationships with 
political parties, officehold ers, or political 
candidates. 
(2) Racial and ethnic fairness.  No redistricting 
Plan should be drawn to have the effect of 
denying or abridging the equal opportunity of 
racial or ethnic minority group s to participate 
in the political process or to diminish their 
ability to elect representatives o f their choice, 
whether alone or in coalition with others .   
 
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(3) Political fairness.  No Plan should, when 
considered on a statewide basis, unduly favor or 
disfavor a political party.  Undue favor to a 
political party shall be determined using the 
proposed map, data from the last ten (10) years 
of statewide elections, and the best available 
statistical methods on identifying inequality of 
opportunity to elect . 
(4) Districts shall respect the geographic integrity 
of political subdivision boundaries to the exte nt 
preceding criteria ha ve been satisfied. 
(5) Compactness.  A draft Plan should be compact to 
the extent preceding criteria have been 
satisfied. 
2.  A Plan shall not take into consideration any of the 
following factors, except to the extent necessary to c omply with the 
criteria described in paragraph 1 of this subsection, and to enable 
the Plan to be measured against the external metrics described in 
paragraph 5 of subsection E of this section: 
a. the residence of any member or candidate of the 
Oklahoma House of Representatives, Oklahoma State 
Senate, or U.S. Congress, and 
b. the political party a ffiliation or voting history of 
the population of a district .   
 
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E.  Approval of the Plans. 
1.  Approval or Rejection of Plans.  Each Commissioner has one 
vote.  An affirmative vote of at least six of the nine (9) 
Commissioners is required to approve a Plan, including at least one 
Commissioner affiliated with each of the two largest political 
parties in the state and one Commissioner who is unaffiliated with 
either of the two largest political parti es in the state. 
2.  Preliminary Plan.  Prior to developing a final Plan, t he 
Commission shall develop and publish a preliminary Plan as follows: 
a. prior to developing a preliminary P lan under this 
subsection, the Commission shall hold no fewer than 
one (1) public hearing in each Congressional District 
at which members of the pu blic may provide input 
relevant to redistricting , 
b. the Commission shall develop and publish the 
preliminary Plan publicly, including digitally 
downloadable maps and Census blo ck equivalency 
assignments of each district, and accept public 
comment on the preliminary Plan for no fewer than 
fourteen (14) days. 
3.  To hold a vote, the Commission must convene a votin g 
meeting, open to the public, at which t he Commission may vote on a 
preliminary Plan.  If the Commissioners vote to approve a Plan, it 
shall become law.   
 
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4.  Upon approval of a Plan by the Commission , the Special 
Master shall submit the Plan to the State Election Board, the 
Governor, the Secretary of State, the President Pro Tempore of the 
Senate and the Speaker of the House of Representatives as wel l as 
make the Plan publicly available. 
5.  The Commission shall issue with all preliminary and final 
Plans written evaluations that measure the maps a gainst external 
metrics.  These metrics shall cover all criteria set forth in 
paragraph 1 of subsection D of this section. 
6.  The Commission shall have one hundred twenty (120) days from 
the release of the Federal Decennial Census data in which to approve 
final Plans for State House of Represen tatives and Senatorial and 
Federal Congressional Districts. 
F.  Fallback Mechanism.  If the Commission does not approve a 
State House of Representatives, Senatorial, or Federal Congressional 
Plan within one hundred twenty (120) days of the release of the 
Federal Decennial Census Data, the following procedure shall be 
followed to create that Plan only. 
1.  The Special Master shall create a report to be submitted to 
the Oklahoma Supreme Court that advises the Court of t he available 
Plans and provides enoug h information for the Court to approve a 
Plan.  The Court shall then ha ve thirty (30) days to approve a Plan. 
2.  The Court shall approve a Plan that is consistent with the 
criteria listed in subsection D of this section.   
 
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3.  If the approval process is not complete by the minimum 
residency requirement deadline for candidates to the state office, 
such requirements shall be suspended and not apply for any affected 
election so long as: 
a. the candidate resided in one legisl ative district but, 
through the process of redistricting, his or her 
residence has been redistricted out of the former 
district and into an adjacent district, and 
b. the candidate either files for state office in hi s or 
her new district or moves his or her residence into 
the newly adjacent district and registers as a voter 
by the time of candidate filing for sta te office. 
G. Judicial Review. 
1.  Supreme Court Jurisdic tion.  The Oklahoma Supreme Court has 
original and exclusive state-court jurisdiction to he ar and decide 
all challenges to the Commission's actions and final Plans.  The 
Court's jurisdiction is limited to remedy only the specific 
violation alleged on the s pecific Plan challenged. 
2.  Petitions for Review.  Within thirty (30) days after a 
Plan's approval, any aggrieved residen t of the State may petition 
the Oklahoma Supreme Court to invalidate that Pla n.  The Court shall  
consolidate all petitions challengin g a Plan, give the consolidated 
petitions precedence over other civil proceedings, conduct expedited 
hearings, and enter i ts judgment promptly.   
 
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3.  Remedial Plans. If the Oklahoma Supreme Court conc ludes 
that a Plan approved by the Commission is invalid, the Fallback 
Mechanism in subsection F of this section shall be used to create a 
new Plan.  If the Court finds a violation in a Plan produc ed under 
the Fallback Mechanism, then the Court 's remedy shall be constrained 
by the criteria in subsection D of this section. 
4.  Legal Representation.  The Commission has standing in all 
legal proceedings concerning its actions and has sole authority to 
determine whether it will be represented by the State Attorn ey 
General or by legal counsel selec ted and hired by the Commission. 
5.  Communications made in the course of the Commission's, 
Secretary's, or Special Master's work under this Article may not be 
shielded from the public on the basis of legislative privile ge.  
This provision shall not be construed to abrogate or otherwise 
affect legislative immunity. 
H.  Cessation of the Commission's Operations.  Within thirty 
(30) days after the Plans have taken effect and all pend ing legal 
challenges to the Plans and the Commission's actions have conclude d, 
the Commission must be dissolved, and any unexpended money must 
revert to the State's General Revenue Fund . 
SECTION 5.  The Secretary of State shall refer to the people for 
their approval or rejection, a s and in the manner provided by law, 
the following propos ed amendment to the Constitution of the State of   
 
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Oklahoma by adding a new Section 12E to Article V thereof, to read 
as follows: 
Section 12E.  For purposes of interpreting this Article, the 
people declare that the powers granted to the Commission herein are 
legislative functions not subject to the control or approval of the 
Legislature, and are exclusively reserved to the Commission.  The 
Commission and all of its r esponsibilities, operations, functions, 
contractors, consultants , and employees are not subject to change, 
transfer, reorganization, or reassign ment, and shall not be altered 
or abrogated in any manner whatsoever, by the Legislature.  No other 
body shall be established by the Legislature to perform functions 
that are the same or similar t o those granted to the Commission in 
this section. This provision does not and shall not be construe d to 
limit the people's power of initiative. 
SECTION 6.  The Secretary of State shall refer to the people for 
their approval or rejection, as and in the manner provided by law, 
the repeal of Section s 10A, 11A, 11B, 11C, 11D and 11 E of Article V 
of the Constitution of the State of Oklahoma which relate to 
legislative apportionment. 
SECTION 7.  The Ballot Title for the proposed Cons titutional 
amendments as set forth in SECTIONS 1, 2, 3, 4, 5, and 6 of this 
resolution shall be in the following form : 
BALLOT TITLE 
Legislative Referendum No. ____ State Question No. ____   
 
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THE GIST OF THE PROPOSITION IS AS FOLLOWS: 
This proposed amendment t o the Oklahoma Constitution is intended 
to prevent political gerrymandering.  It creates an independent 
redistricting Commission, and vest s the power to redistrict the 
state's House, Senatorial, and federal Congressional districts 
in the Commission, rather than the Legislature.  The Commission 
is composed of three members from each of three groups: the 
state's largest political party, its second-largest party, and 
those unaffiliated with either party. A panel of retired judges 
designated by the Chief Justice would select pools of applicants 
from each group, then choose by lot three Commissioners from 
each.  The amendment establishes qualificat ions for 
Commissioners designed to avoid conflicts of interest .  It 
establishes a process for redistricting after each decennial 
census, and establishes new redistric ting criteria.  The 
Commission may not consider candidates' residences or a 
population's political affiliation or voting history except as 
needed for these criteria. The Supreme Court wo uld select a 
plan if the Commission cannot.  The amendment provides f or 
funding and judicial review, repeals const itutional provisions, 
and reserves powers to the Commission rather than the 
Legislature. 
SHALL THE PROPOSAL BE APPROVED? 
FOR THE PROPOSAL — YES _____________   
 
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AGAINST THE PROPOSAL — NO  _____________ 
SECTION 8.  The Chief Clerk of the House of Representatives, 
immediately after the passage of this resolut ion, shall prepare and 
file one copy thereof, including the Ballot Title set forth in 
SECTION 7 hereof, with the Secretary of State and one copy with the 
Attorney General. 
 
59-1-5489 LRB 01/04/23