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Redistricting

Tentative Date for Redistricting Commission

Posted on 08 April 2011 by bill for the Lewsiton Tribune Blog.

Secretary of State Ben Ysursa said he’s shooting for a June 7 starting date for the Commission on Reapportionment.

The six-member citizen commission is responsible for redrawing Idaho’s congressional and legislative district boundaries following the decennial census. The intent is to ensure equal representation by accommodating regional population changes and making sure districts have approximately the same number of people.

Article III, Section 2 of the Idaho Constitution indicates the commission is formed “on the order of the secretary of state.” Once formed, it will have 90 days to come up with a redistricting plan.

It takes at least four of six votes to approve a redistricting plan. Once the plan is filed with the Secretary of State’s Office, it becomes law; neither the Legislature or governor has the authority to reject or change it.

“I hope the plan is so good I won’t get sued, but I know I will,” Ysursa said this morning. “The secretary of state is always sued.”

The commission members are split between the two main political parties. The Speaker of the House, Senate President Pro Tem, House Minority Leader, Senate Minority Leader and chairmen of the state Republican and Democratic parties each gets to appoint one member.

Ysursa said he’ll send letters to the officials in mid-May, asking them for the name of their appointee. Those names will be included in his order establishing the commission.

“We’re tentatively looking at June 7 (to create the commission),” he said. “I think the plan is to have the first public meeting that evening.”

An Internet-based mapping tool will be available so people or groups can submit their own redistricting proposals. The program can be found on the Legislature’s redistricting Web site, together with information about the commission and census data.

 

FOR THE HARDCORE CITIZEN-PARTICIPANT (more unofficial- mapping options):

 http://www.stateline.org/live/details/story?contentId=547258

…By 1991, lawmakers had personal computers at their disposal. By 2001, those computers and the software on them were dramatically more powerful. Insiders could fiddle with new district lines relentlessly, allowing them to ponder thousands of possibilities that previously would have taken too much time to consider. As the technology progressed, some states set up computers in libraries or state offices where anyone could come and use the same software legislators were using. But relatively few people were willing to travel for miles and then sit down for hours to do it.

 

Idaho and Florida want to change that. Idaho has purchased an online redistricting tool from Caliper, one of the two best-established vendors of redistricting software. The Web tool will allow the public to draw maps from anywhere with a broadband connection. “We’re hoping to let citizens have input and make sure the people making the decisions have been able to hear from them in a meaningful kind of way,” says Kristin Ford, Idaho’s legislative librarian and redistricting liaison.

 

In Idaho, the state’s Redistricting Commission will be using a more powerful PC-based version of the software. The public version for use online runs slower and is scaled down.

 

The numbers released by the Census:

http://www.census.gov/newsroom/releases/archives/2010_census/cb11-cn78.html

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                              IDAHO TITLE  72

                      WORKER'S COMPENSATION AND RELATED

                        LAWS -- INDUSTRIAL COMMISSION

                                  CHAPTER 15

                        COMMISSION FOR REAPPORTIONMENT

    72-1501.  COMMISSION FOR REAPPORTIONMENT. (1) A commission for

reapportionment shall be organized, upon the order of the secretary of state,

in the event that:

    (a)  A court of competent jurisdiction orders a redistricting of an

    existing state legislative or congressional plan; or

    (b)  In a year ending in one (1), a new federal census is available, in

    which case an order shall be issued no earlier than June 1.

    (2)  A commission formed pursuant to paragraph (1)(b) of this section

shall be reconvened if, prior to the next general election, a court of

competent jurisdiction orders the plan adopted by that commission to be

revised.

*******************************************************************

 

72-1502.  MEMBERS. The president pro tempore of the senate, the speaker of

the house of representatives, and the minority leaders of the senate and the

house of representatives shall each designate one (1) member of the commission

and the state chairmen of the two (2) largest political parties, determined by

the vote cast for governor in the last gubernatorial election, shall each

designate one (1) member of the commission. Appointing authorities should give

consideration to achieving geographic representation in appointments to the

commission. If an appointing authority does not select the members within

fifteen (15) calendar days following the secretary of state's order to form

the commission, such members shall be appointed by the supreme court.

    Should a vacancy on the commission occur during the tenure of a

commission, the secretary of state shall issue an order officially recognizing

such vacancy. The vacancy shall be filled by the original appointing authority

within fifteen (15) days of the order. Should the original appointing

authority fail to make the appointment within fifteen (15) days, the vacancy

shall be filled by the supreme court.

    No person may serve on the commission who:

    (1)  Is not a registered voter of the state at the time of selection; or

    (2)  Is or has been within one (1) year a registered lobbyist; or

    (3)  Is or has been within two (2) years prior to selection an elected

official or elected legislative district, county or state party officer. The

provisions of this subsection do not apply to the office of precinct

committeeperson.

    A person who has served on a commission for reapportionment shall be

precluded from serving in either house of the legislature for five (5) years

following such service on the commission.

 

   72-1503.  POLITICAL ACTIVITIES PROHIBITED. No person may serve on the

commission who is a candidate for political office as the term "candidate" is

defined in section 67-6602, Idaho Code. In the event a person serving on the

commission becomes a candidate, a vacancy on the commission shall be declared

by the secretary of state, and filled as provided by law.

 

72-1504.  COMPENSATION. Members of the commission shall be compensated at

the rate established by the citizen's committee on compensation for members of

the legislature who are engaged in legislative business while the legislature

is not in session. In addition, they shall be entitled to expense

reimbursement for actual travel expense, including transportation, food and

lodging, when necessary for officially authorized commission business at the

same rate as expense reimbursements are made for other state offices and

employees.

 

 

     72-1505.  ORGANIZATION AND PROCEDURE. The commissioners shall elect, by

majority vote, a member or members to serve as chairman or cochairmen and

other officers as they may determine.

    All proceedings of the commission shall be governed by the following

procedure:

    (1)  All meetings of the commission shall be subject to the provisions of

the open meeting law.

    (2)  The commission shall provide notice of all meetings to any citizen or

organization requesting the same.

    (3)  Copies of the validated census database, and all other databases

available to the commission, will be provided in a form, as determined by the

commission, to any person at cost.

    (4)  The commission shall hold meetings in different locations in the

state in order to maximize the opportunity for public participation.

    (5)  A quorum of the commission shall consist of four (4) members. In the

event there is a previously scheduled meeting, less than a quorum may take

testimony and information, but no votes other than to set a future agenda, to

prepare for future meetings, and to adjourn or recess, may be taken. Any final

action of the commission shall be by a vote of two-thirds (2/3) of the full

membership of the commission.

    (6)  A member must be present to vote.

    (7)  A redistricting plan may be presented to the commission by an

individual citizen or organization. All such plans shall be public

information. Any citizen or organization shall provide a current mailing

address and telephone number to accompany any plan submitted.

 

    72-1506.  CRITERIA GOVERNING PLANS. Congressional and legislative

redistricting plans considered by the commission, and plans adopted by the

commission, shall be governed by the following criteria:

    (1)  The total state population as reported by the U.S. census bureau, and

the population of subunits determined therefrom, shall be exclusive

permissible data.

    (2)  To the maximum extent possible, districts shall preserve traditional

neighborhoods and local communities of interest.

    (3)  Districts shall be substantially equal in population and should seek

to comply with all applicable federal standards and statutes.

    (4)  To the maximum extent possible, the plan should avoid drawing

districts that are oddly shaped.

    (5)  Division of counties should be avoided whenever possible. Counties

should be divided into districts not wholly contained within that county only

to the extent reasonably necessary to meet the requirements of the equal

population principle. In the event that a county must be divided, the number

of such divisions, per county, should be kept to a minimum.

    (6)  To the extent that counties must be divided to create districts, such

districts shall be composed of contiguous counties.

    (7)  District boundaries should retain, as far as practicable, the local

voting precinct boundary lines to the extent those lines comply with the

provisions of section 34-306, Idaho Code.

    (8)  Counties shall not be divided to protect a particular political party

or a particular incumbent.

 

 

72-1507.  STAFF. The legislative council is directed to furnish such

secretarial and other staff assistance as the commission may require in the

performance of its duties. The council shall prepare and submit a budget for

the expenses of the commission, including staff, equipment, meetings, salary

and expense reimbursement of members, for consideration by the legislature not

later than the session held in a year ending in nine (9) preceding the

convening of a commission.

 

   72-1508.  FINAL REPORT. The final report of the commission shall be filed

with the office of the secretary of state not more than ninety (90) days after

the commission has been organized. At the next regular or special session of

the legislature, the secretary of state shall transmit a copy of the report to

the president of the senate and the speaker of the house, which shall be

spread upon the journals.

    

CONSTITUTION OF THE STATE OF IDAHO
APPROVED JULY 3, 1890

ARTICLE III
LEGISLATIVE DEPARTMENT

 

SECTION 2. MEMBERSHIP OF HOUSE AND SENATE. (1) Following the decennial census of 1990 and in each legislature thereafter, the senate shall consist of not less than thirty nor more than thirty-five members. The legislature may fix the number of members of the house of representatives at not more than two times as many representatives as there are senators. The senators and representatives shall be chosen by the electors of the respective counties or districts into which the state may, from time to time, be divided by law.

(2) Whenever there is reason to reapportion the legislature or to provide for new congressional district boundaries in the state, or both, because of a new federal census or because of a decision of a court of competent jurisdiction, a commission for reapportionment shall be formed on order of the secretary of state. The commission shall be composed of six members. The leaders of the two largest political parties of each house of the legislature shall each designate one member and the state chairmen of the two largest political parties, determined by the vote cast for governor in the last gubernatorial election, shall each designate one member. In the event any appointing authority does not select the members within fifteen calendar days following the secretary of state's order to form the commission, such members shall be appointed by the Supreme Court. No member of the commission may be an elected or appointed official in the state of Idaho at the time of designation or selection.

(3) The legislature shall enact laws providing for the implementation of the provisions of this section, including terms of commission members, the method of filling vacancies on the commission, additional qualifications for commissioners and additional standards to govern the commission. The legislature shall appropriate funds to enable the commission to carry out its duties.

(4) Within ninety days after the commission has been organized or the necessary census data are available, whichever is later, the commission shall file a proposed plan for apportioning the senate and house of representatives of the legislature with the office of the secretary of state. At the same time, and with the same effect, the commission shall prepare and file a plan for congressional districts. Any final action of the commission on a proposed plan shall be approved by a vote of two-thirds of the members of the commission. All deliberations of the commission shall be open to the public.

(5) The legislative districts created by the commission shall be in effect for all elections held after the plan is filed and until a new plan is required and filed, unless amended by court order. The Supreme Court shall have original jurisdiction over actions involving challenges to legislative apportionment.

(6) A member of the commission shall be precluded from serving in either house of the legislature for five years following such member's service on the commission.