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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5521 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000931 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO GENERAL ASSEMBLY -- REDISTRICTING COMMISSION |
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| 16 | 16 | | Introduced By: Representative Brian C. Newberry |
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| 17 | 17 | | Date Introduced: February 13, 2025 |
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| 18 | 18 | | Referred To: House State Government & Elections |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Title 22 of the General Laws entitled "GENERAL ASSEMBLY" is hereby 1 |
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| 23 | 23 | | amended by adding thereto the following chapter: 2 |
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| 24 | 24 | | CHAPTER 1.1 3 |
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| 25 | 25 | | REDISTRICTING COMMISSION 4 |
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| 26 | 26 | | 22-1.1-1. Short title. 5 |
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| 27 | 27 | | This chapter shall be known and may be cited as the "Redistricting Act". 6 |
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| 28 | 28 | | 22-1.1-2. Definitions. 7 |
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| 29 | 29 | | As used in this chapter: 8 |
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| 30 | 30 | | (1) "Commission" means the state redistricting commission; 9 |
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| 31 | 31 | | (2) "Community of interest" means a contiguous population that shares common economic, 10 |
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| 32 | 32 | | social or cultural interests; 11 |
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| 33 | 33 | | (3) "District plan" means an entire plan of single-member districts for electing members to 12 |
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| 34 | 34 | | the United States house of representatives, the state house of representatives, or the state senate; 13 |
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| 35 | 35 | | (4) "Length-width compactness" means the absolute value of the difference between the 14 |
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| 36 | 36 | | length and the width of the district, as measured by the distance from the northernmost point or 15 |
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| 37 | 37 | | portion of the boundary of a district to the southernmost point or portion of the boundary of the 16 |
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| 38 | 38 | | same district and the distance from the westernmost point or portion of the boundary of the district 17 |
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| 39 | 39 | | to the easternmost point or portion of the boundary of the same district; 18 |
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| 40 | 40 | | (5) "Lobbyist" means a person who is required to register as a lobbyist pursuant to § 42-19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000931 - Page 2 of 8 |
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| 44 | 44 | | 139.1-4; 1 |
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| 45 | 45 | | (6) "Perimeter compactness" means the distance needed to traverse the perimeter boundary 2 |
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| 46 | 46 | | of a district; 3 |
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| 47 | 47 | | (7) "Political party" means a political party as defined by § 17-1-2; and 4 |
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| 48 | 48 | | (8) "Public official" means a person elected to an office of the executive or legislative 5 |
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| 49 | 49 | | branch of the state. 6 |
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| 50 | 50 | | 22-1.1-3. State redistricting commission created – membership -- terms. 7 |
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| 51 | 51 | | (a) The "state redistricting commission" is created. 8 |
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| 52 | 52 | | (b) The commission is comprised of seven (7) members, appointed as follows: 9 |
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| 53 | 53 | | (1) One commissioner appointed by the speaker of the house of representatives; 10 |
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| 54 | 54 | | (2) One commissioner appointed by the minority leader of the house of representatives; 11 |
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| 55 | 55 | | (3) One commissioner appointed by the president of the senate; 12 |
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| 56 | 56 | | (4) One commissioner appointed by the minority leader of the senate; 13 |
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| 57 | 57 | | (5) Two (2) commissioners appointed by the state ethics commission, who shall not be 14 |
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| 58 | 58 | | members of the largest or second largest political parties in the state; and 15 |
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| 59 | 59 | | (6) One commissioner appointed by the state ethics commission, who shall be a retired 16 |
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| 60 | 60 | | justice of the Rhode Island supreme court, or a retired judge of the Rhode Island superior court, 17 |
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| 61 | 61 | | and who shall chair the commission. 18 |
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| 62 | 62 | | (c) Commissioners shall be appointed not later than April 1, 2031 and August 1 of each 19 |
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| 63 | 63 | | year ending in the number zero thereafter and shall serve until a district plan for each of Rhode 20 |
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| 64 | 64 | | Island's congressional districts, the house of representatives, and the senate is passed by the 21 |
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| 65 | 65 | | legislature and approved by the governor and any legal challenges to the district plans, including 22 |
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| 66 | 66 | | appeals, if any, have been resolved. 23 |
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| 67 | 67 | | (d) When any member of the commission dies, resigns or no longer has the qualifications 24 |
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| 68 | 68 | | required for the commissioner's original appointment, the commissioner's position on the 25 |
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| 69 | 69 | | commission becomes vacant and the chair shall notify the original appointing authority of the 26 |
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| 70 | 70 | | vacant position. The vacancy shall be filled by appointment by the original appointing authority no 27 |
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| 71 | 71 | | later than fifteen (15) days following notification of the vacancy. 28 |
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| 72 | 72 | | (e) The commission shall meet as necessary to carry out its duties pursuant to this chapter. 29 |
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| 73 | 73 | | (f) Commissioners are entitled to receive per diem and mileage reimbursement and shall 30 |
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| 74 | 74 | | receive no other compensation, perquisite or allowance. 31 |
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| 75 | 75 | | 22-1.1-4. Commissioners – qualifications -- limitations. 32 |
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| 76 | 76 | | (a) To qualify for appointment to the commission, a person shall: 33 |
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| 77 | 77 | | (1) Be a qualified elector of Rhode Island; and 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC000931 - Page 3 of 8 |
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| 81 | 81 | | (2) Not be, or in the two (2) years prior to appointment have been, in Rhode Island, any of 1 |
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| 82 | 82 | | the following: 2 |
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| 83 | 83 | | (i) A public official; 3 |
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| 84 | 84 | | (ii) A candidate for public office; 4 |
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| 85 | 85 | | (iii) A lobbyist; 5 |
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| 86 | 86 | | (iv) An office holder in a political party at the state or federal level; 6 |
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| 87 | 87 | | (v) A relative in the first degree of consanguinity of a member of congress, the house of 7 |
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| 88 | 88 | | representatives or the senate; or 8 |
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| 89 | 89 | | (vi) An employee of congress or the state legislature. 9 |
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| 90 | 90 | | (b) Before entering upon the duties of the office of commissioner, a commissioner shall 10 |
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| 91 | 91 | | review this chapter and take the oath of office, as provided in the constitution of Rhode Island. 11 |
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| 92 | 92 | | 22-1.1-5. Commission – powers and duties. 12 |
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| 93 | 93 | | (a) Beginning April 1, 2031, and every August 1 of each year ending in the number zero 13 |
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| 94 | 94 | | thereafter, the commission shall: 14 |
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| 95 | 95 | | (1) No later than October 15, 2031, and every September 1 of each year ending in the 15 |
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| 96 | 96 | | number one thereafter, adopt three (3) to five (5) district plans for each of: 16 |
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| 97 | 97 | | (i) Rhode Island's congressional districts; 17 |
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| 98 | 98 | | (ii) The house of representatives; and 18 |
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| 99 | 99 | | (iii) The senate. 19 |
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| 100 | 100 | | (2) Adopt rules to govern the operation of the commission; 20 |
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| 101 | 101 | | (3) Hold no fewer than six (6) public meetings either virtually or in various counties of the 21 |
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| 102 | 102 | | state before issuing the district plans as proposed rules for public comment; 22 |
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| 103 | 103 | | (4) Hold no fewer than six (6) public rule hearings, either virtually or in various counties 23 |
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| 104 | 104 | | of the state, for the purpose of adopting district plans; 24 |
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| 105 | 105 | | (5) Conduct all meetings pursuant to the requirements of chapter 46 of title 42 ("open 25 |
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| 106 | 106 | | meetings"); 26 |
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| 107 | 107 | | (6) Contract for legal and technical assistance in the creation of alternative district plans; 27 |
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| 108 | 108 | | and 28 |
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| 109 | 109 | | (7) Compile, index, maintain and provide public access to the commission's record for each 29 |
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| 110 | 110 | | district plan it adopts. 30 |
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| 111 | 111 | | (b) Beginning April 1, 2031, and every August 1 of each year ending in the number zero 31 |
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| 112 | 112 | | thereafter, the commission may: 32 |
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| 113 | 113 | | (1) Develop, adopt and promulgate the rules for public hearings; and 33 |
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| 114 | 114 | | (2) Hire staff and enter into contracts and any interagency agreements as necessary to 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC000931 - Page 4 of 8 |
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| 118 | 118 | | accomplish the duties set forth in this section. 1 |
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| 119 | 119 | | 22-1.1-6. Commission meetings before proposing district plans. 2 |
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| 120 | 120 | | (a) Before the commission issues proposed district plans for public comment, the 3 |
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| 121 | 121 | | commission shall hold no fewer than six (6) public meetings at which the commission shall receive 4 |
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| 122 | 122 | | testimony, documents and information regarding the identification of communities of interest and 5 |
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| 123 | 123 | | other testimony, documents and information regarding the creation of district plans. The 6 |
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| 124 | 124 | | commission shall provide the public with notice not later than thirty (30) days before these 7 |
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| 125 | 125 | | meetings, and the notice shall include information about how the public may participate and submit 8 |
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| 126 | 126 | | testimony, documents and information. The commission shall hold meetings either virtually or in 9 |
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| 127 | 127 | | various regions across the state, and in each of the five (5) counties of the state. 10 |
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| 128 | 128 | | (b) The commission shall compile, index, maintain and provide public access to all 11 |
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| 129 | 129 | | testimony, documents and information received in the meetings conducted before issuing proposed 12 |
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| 130 | 130 | | district plans, for public comment. 13 |
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| 131 | 131 | | (c) The proposed district plans, that the commission issues for public comment, shall be 14 |
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| 132 | 132 | | based, in part, on the testimony, documents and information received. 15 |
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| 133 | 133 | | 22-1.1-7. District plans –requirements and prohibitions. 16 |
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| 134 | 134 | | (a) When proposing or adopting district plans, the commission shall: 17 |
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| 135 | 135 | | (1) Create district plans composed of single-member districts; 18 |
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| 136 | 136 | | (2) Create district plans composed of contiguous territory; provided that, districts that meet 19 |
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| 137 | 137 | | only at the points of adjoining corners are not contiguous; and 20 |
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| 138 | 138 | | (3) Comply with all applicable federal laws. 21 |
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| 139 | 139 | | (b) When proposing or adopting district plans, the commission may use, rely upon or 22 |
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| 140 | 140 | | reference the most recent federal decennial census data provided by the United States census bureau 23 |
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| 141 | 141 | | as well as other reliable sources of demographic data, as determined by a majority of the 24 |
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| 142 | 142 | | commission. 25 |
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| 143 | 143 | | (c) When proposing or adopting district plans, the commission shall not: 26 |
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| 144 | 144 | | (1) Propose or adopt district plans to favor a political party or incumbent; 27 |
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| 145 | 145 | | (2) Use, rely upon or reference partisan data, such as voting history or party registration 28 |
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| 146 | 146 | | data; provided that, voting history in elections may be considered to ensure that the district plan 29 |
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| 147 | 147 | | complies with applicable federal law; 30 |
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| 148 | 148 | | (3) Create district plans to intentionally dilute the representation of communities of interest; 31 |
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| 149 | 149 | | or 32 |
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| 150 | 150 | | (4) Create district plans to intentionally preserve the cores of existing districts; provided, 33 |
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| 151 | 151 | | however, that district plans may intentionally preserve the cores of existing districts so long as the 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC000931 - Page 5 of 8 |
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| 155 | 155 | | district plan meets all other requirements provided by this section. 1 |
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| 156 | 156 | | (d) When proposing or adopting district plans for congressional districts, the commission 2 |
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| 157 | 157 | | shall ensure that congressional districts are as equal in population as practicable. 3 |
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| 158 | 158 | | (e) When proposing or adopting district plans for the house of representatives, and the 4 |
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| 159 | 159 | | senate, the commission shall create districts that are as close to equal in population as possible; 5 |
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| 160 | 160 | | provided that, any deviation from equal population across districts shall not exceed plus or minus 6 |
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| 161 | 161 | | five percent (5%) and shall be based on: 7 |
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| 162 | 162 | | (1) Compliance with applicable federal law; 8 |
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| 163 | 163 | | (2) Consideration of tribal government; 9 |
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| 164 | 164 | | (3) The avoidance of diluting the representation of communities of interest; 10 |
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| 165 | 165 | | (4) The avoidance of fragmenting governmental subdivisions; or 11 |
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| 166 | 166 | | (5) The preservation of the core of existing districts; provided that, the district plan meets 12 |
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| 167 | 167 | | all other requirements provided by this section. 13 |
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| 168 | 168 | | (f) When a district plan satisfies all of the requirements provided by this section, the 14 |
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| 169 | 169 | | commission shall adopt those district plans, that are most compact, as determined by a measure of 15 |
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| 170 | 170 | | length-width compactness or perimeter compactness. The absolute compactness values computed 16 |
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| 171 | 171 | | for individual districts may be cumulated for all districts in a plan to compare the overall 17 |
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| 172 | 172 | | compactness of two (2) or more alternative redistricting plans for the state or for a portion of the 18 |
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| 173 | 173 | | state. The total perimeter distance computed for individual districts may be cumulated for all 19 |
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| 174 | 174 | | districts in a plan to compare the overall compactness of two (2) or more alternative redistricting 20 |
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| 175 | 175 | | plans for the state or for a portion of the state. 21 |
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| 176 | 176 | | (g) Based on length-width compactness, a district shall be most compact when the length 22 |
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| 177 | 177 | | of the district and the width of the district are equal. 23 |
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| 178 | 178 | | 22-1.1-8. Commission adoption of district plans. 24 |
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| 179 | 179 | | The commission shall adopt three (3) to five (5) district plans for each of Rhode Island's 25 |
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| 180 | 180 | | congressional districts, the house of representatives, or the senate at an open meeting. After the 26 |
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| 181 | 181 | | commission adopts the district plans, the commission shall: 27 |
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| 182 | 182 | | (1) Provide written evaluations of each district plan that address the satisfaction of the 28 |
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| 183 | 183 | | requirements set forth in this chapter, the ability of racial and language minorities to elect 29 |
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| 184 | 184 | | candidates of their choice, a measure of partisan fairness and the preservation of communities of 30 |
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| 185 | 185 | | interest; and 31 |
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| 186 | 186 | | (2) Indicate which district plan for each of Rhode Island's congressional districts, the house 32 |
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| 187 | 187 | | of representatives and the senate, best satisfies the requirements of § 22-1.1-7. The commission 33 |
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| 188 | 188 | | shall explain its indication for each indicated district plan in the written evaluation accompanying 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC000931 - Page 6 of 8 |
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| 192 | 192 | | the indicated district plan. 1 |
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| 193 | 193 | | 22-1.1-9. Legislative selection of district plans. 2 |
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| 194 | 194 | | (a) The commission shall deliver its adopted district plans for Rhode Island's congressional 3 |
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| 195 | 195 | | districts, the house of representatives and the senate, all accompanying written evaluations and all 4 |
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| 196 | 196 | | accompanying concise explanatory statements to the secretary of the senate and the clerk of the 5 |
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| 197 | 197 | | house by October 15, 2031, and every September 1 of each year ending in the number one 6 |
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| 198 | 198 | | thereafter. 7 |
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| 199 | 199 | | (b) The legislature may select one district plan from each set of district plans and pass the 8 |
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| 200 | 200 | | selected district plans without amendment and present the plans to the governor for approval. 9 |
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| 201 | 201 | | (c) If the legislature does not select one district plan, from any one set of district plans, 10 |
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| 202 | 202 | | pursuant to subsection (b) of this section, then the legislature shall select, pass without amendment 11 |
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| 203 | 203 | | and present to the governor for approval, the district plan for that set that the commission indicated 12 |
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| 204 | 204 | | best satisfies the requirements of § 22-1.1-7. 13 |
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| 205 | 205 | | 22-1.1-10. Judicial review. 14 |
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| 206 | 206 | | (a) A person who submitted data, views, or arguments, orally or in writing, at a public 15 |
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| 207 | 207 | | hearing conducted by the commission may file a notice of appeal in the supreme court asking for a 16 |
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| 208 | 208 | | review of any district plan adopted by the commission. A notice of appeal shall be filed within 17 |
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| 209 | 209 | | thirty (30) days after the commission adopts the district plan being appealed. The notice of appeal 18 |
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| 210 | 210 | | shall name the commission as appellee and shall identify the district plan from which the appeal is 19 |
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| 211 | 211 | | taken. A person who submitted data, views, or arguments, orally or in writing, at a public rule 20 |
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| 212 | 212 | | hearing conducted by the commission and whose rights may be directly affected by the appeal may 21 |
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| 213 | 213 | | appear and become a party, or the supreme court may, upon proper notice, order any person to be 22 |
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| 214 | 214 | | joined as a party. 23 |
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| 215 | 215 | | (b) Upon the filing of a notice of appeal, the appellant shall cause a copy of the notice of 24 |
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| 216 | 216 | | appeal to be served upon the commission in the manner prescribed by the supreme court rules of 25 |
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| 217 | 217 | | appellate procedure. Within thirty (30) days after service of the notice of appeal or such further 26 |
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| 218 | 218 | | time as the supreme court may specify, the commission shall certify to the supreme court the 27 |
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| 219 | 219 | | complete commission rulemaking record; provided that, the parties and the commission may 28 |
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| 220 | 220 | | stipulate that only a specified portion of the commission rulemaking record shall be certified to the 29 |
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| 221 | 221 | | supreme court for review on appeal. 30 |
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| 222 | 222 | | (c) The appeal shall be heard on the commission rulemaking record, and the supreme court 31 |
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| 223 | 223 | | shall not permit the introduction of new evidence addressed to any of the issues presented at the 32 |
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| 224 | 224 | | hearing before the commission. 33 |
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| 225 | 225 | | (d) The burden shall be on the appellant to show that the district plan appealed from, 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC000931 - Page 7 of 8 |
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| 229 | 229 | | violates applicable law, is arbitrary or capricious or is not supported by substantial evidence. 1 |
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| 230 | 230 | | (e) The supreme court shall have no power to modify the district plan appealed from, but 2 |
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| 231 | 231 | | shall either affirm or annul and vacate the same. If the supreme court either affirms or annuls a 3 |
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| 232 | 232 | | district plan, the supreme court may remand the matter to the commission for any further necessary 4 |
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| 233 | 233 | | administrative proceedings. Proceedings in the supreme court shall be governed by the provisions 5 |
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| 234 | 234 | | of this chapter and by the supreme court rules of appellate procedure. 6 |
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| 235 | 235 | | (f) During the pendency of an appeal, the supreme court in its discretion may stay or 7 |
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| 236 | 236 | | suspend adoption by the legislature of any district plan subject to appeal. 8 |
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| 237 | 237 | | (g) The supreme court shall not award fees to the prevailing party unless required by federal 9 |
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| 238 | 238 | | law. 10 |
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| 239 | 239 | | SECTION 2. This act shall take effect upon passage. 11 |
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| 240 | 240 | | ======== |
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| 241 | 241 | | LC000931 |
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| 243 | 243 | | |
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| 244 | 244 | | |
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| 245 | 245 | | LC000931 - Page 8 of 8 |
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| 246 | 246 | | EXPLANATION |
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| 247 | 247 | | BY THE LEGISLATIVE COUNCIL |
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| 248 | 248 | | OF |
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| 249 | 249 | | A N A C T |
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| 250 | 250 | | RELATING TO GENERAL ASSEMBLY -- REDISTRICTING COMMISSION |
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| 251 | 251 | | *** |
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| 252 | 252 | | This act would create a redistricting commission to act every ten (10) years to adopt a 1 |
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| 253 | 253 | | redistricting plan for all general assembly and congressional districts. It also provides for a possible 2 |
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| 254 | 254 | | right of appeal of the plan, to the state supreme court. 3 |
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| 255 | 255 | | This act would take effect upon passage. 4 |
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| 256 | 256 | | ======== |
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| 257 | 257 | | LC000931 |
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| 258 | 258 | | ======== |
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