HOUSE OF REPRESENTATIVES

H.B. NO.

2707

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

proposing an amendment to article Iv, section 2, of the hawaii state constitution to address the selection of members of the reapportionment commission.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the intent of the 1968 and 1978 Constitutional Conventions was to create and refine a system for legislative reapportionment that removed partisan politics by ensuring balanced bipartisan representation on the reapportionment commission.  The selection of eight commission members was divided equally among elected officials representing the majority and minority political parties so that the results could be trusted by all to be fair and balanced.  This process worked so well that the 1978 Constitutional Convention added congressional redistricting to the commission's responsibilities as well.  

     The legislature further finds that Hawaii's balanced bipartisan reapportionment process is crucial not only to Hawaii's system of open and fair elections, but also to the fabric of Hawaii's representative democracy itself.  The legislature finds that other states lacking a balanced bipartisan process have often suffered from partisan gerrymandering. 

     The purpose of this Act is to preserve balanced bipartisan participation in the reapportionment process by proposing an amendment to article IV, section 2, of the Constitution of the State of Hawaii to provide that, if there are no members belonging to the minority party or parties in one house of the legislature, then the members belonging to that party or those parties in the opposite house shall designate one of their number to select members of the reapportionment commission on behalf of the minority.  Furthermore, if there are no members in either house belonging to a party other than the president of the senate or the speaker, then the supreme court shall select members of the reapportionment commission on behalf of the minority; provided that the members of the commission so selected shall be members of the party that is different from that of the speaker and that received either the most votes, or the next most votes if applicable, in the last gubernatorial election. 

     SECTION 2.  Article IV, section 2, of the Constitution of the State of Hawaii is amended to read as follows:

"REAPPORTIONMENT COMMISSION

     Section 2.  A reapportionment commission shall be constituted on or before May 1 of each reapportionment year and whenever reapportionment is required by court order.  The commission shall consist of nine members.  The president of the senate and the speaker of the house of representatives shall each select two members.  Members of each house belonging to the party or parties different from that of the president or the speaker since the last general election shall designate one of their number for each house and the two so designated shall each select two members of the commission.  The eight members so selected, promptly after selection, shall be certified by the selecting authorities to the chief election officer and within thirty days thereafter, shall select, by a vote of six members, and promptly certify to the chief election officer the ninth member who shall serve as chairperson of the commission.

     If no member of the senate has belonged to a party different from that of the president of the senate since the last general election, then the members of the house of representatives belonging to the party or parties different from the president of the senate since the last general election shall designate one of their number and the one so designated shall select two members of the commission on behalf of the minority.  If no member of either the senate or the house of representatives has belonged to a party different than the president of the senate since the last general election, then the supreme court shall select two members of the commission on behalf of the minority; provided that the members of the commission so selected shall be members of the party that is different from that of the president and that received either the most votes, or the next most votes if applicable, in the last gubernatorial election.

     If no member of the house of representatives has belonged to a party different than the speaker since the last general election, then the members of the senate belonging to the party or parties different from the speaker of the house of representatives since the last general election shall designate one of their number and the one so designated shall select two members of the commission on behalf of the minority.  If no member of either the senate or the house of representatives has belonged to a party different than the speaker since the last general election, then the supreme court shall select two members of the commission on behalf of the minority; provided that the members of the commission so selected shall be members of the party that is different from that of the speaker and that received either the most votes, or the next most votes if applicable, in the last gubernatorial election.

     Each of the four officials designated above as selecting authorities for the eight members of the commission, at the time of the commission selections, shall also select one person from each basic island unit to serve on an apportionment advisory council for that island unit.  The councils shall remain in existence during the life of the commission and each shall serve in an advisory capacity to the commission for matters affecting its island unit.

     A vacancy in the commission or a council shall be filled by the initial selecting authority within fifteen days after the vacancy occurs.  Commission and council positions and vacancies not filled within the times specified shall be filled promptly thereafter by the supreme court[.] so as to best preserve bipartisan balance on the commission and councils.

     The commission shall act by majority vote of its membership and shall establish its own procedures, except as may be provided by law.

     Not more than one hundred fifty days from the date on which its members are certified, the commission shall file with the chief election officer a reapportionment plan for the state legislature and a reapportionment plan for the United States congressional districts which shall become law after publication as provided by law.  Members of the commission shall hold office until each reapportionment plan becomes effective or until such time as may be provided by law.

     No member of the reapportionment commission or an apportionment advisory council shall be eligible to become a candidate for election to either house of the legislature or to the United States House of Representatives in either of the first two elections under any such reapportionment plan.

     Commission and apportionment advisory council members shall be compensated and reimbursed for their necessary expenses as provided by law.

     The chief election officer shall be secretary of the commission without vote and, under the direction of the commission, shall furnish all necessary technical services.  The legislature shall appropriate funds to enable the commission to carry out its duties."

     SECTION 3.  The question to be printed on the ballot shall be as follows:

     "To meet the constitutional requirement of equal bipartisan representation on the reapportionment commission, if there are no members belonging to a minority party in a house of the legislature, shall the elected members of the minority party or parties in the other house of the legislature be given the authority to designate one of their number to select persons to serve on the reapportionment commission?" 

     SECTION 4.  New constitutional material is underscored.

     SECTION 5.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Reapportionment Commission; Selection of Members; Political Parties

 

Description:

Preserves balanced bipartisan representation on the Reapportionment Commission by providing that if there are no members belonging to a minority party in one house of the legislature, then the members belonging to that party or those parties in the opposite house shall designate one of their number to select members of the commission; or if none exist in either house, then the supreme court shall select members of a minority party.

 

 

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