Req. No. 5489 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: Req. No. 5489 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 5489 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 5489 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 5489 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, Req. No. 5489 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 5489 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 5489 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 . Req. No. 5489 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 5489 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 Req. No. 5489 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 5489 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 5489 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 5489 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 5489 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 5489 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 Req. No. 5489 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 5489 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 . Req. No. 5489 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (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 . Req. No. 5489 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 5489 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 5489 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 5489 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 5489 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. ____ Req. No. 5489 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 _____________ Req. No. 5489 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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