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7 LONG TITLE
8 General Description:
9 This bill creates the Redistricting Advisory Commission.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ creates the Redistricting Advisory Commission and describes the commission's
14 membership, duties, and other matters relating to the commission's functioning; and
15 ▸ provides that redistricting maps submitted by the commission for consideration by
16 the Legislature are public records and are advisory only.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 63C-17-101, Utah Code Annotated 1953
24 63C-17-102, Utah Code Annotated 1953
25 63C-17-201, Utah Code Annotated 1953
26 63C-17-202, Utah Code Annotated 1953
27 63C-17-203, Utah Code Annotated 1953
28 63C-17-204, Utah Code Annotated 1953
29 63C-17-301, Utah Code Annotated 1953
30 63C-17-302, Utah Code Annotated 1953
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 63C-17-101 is enacted to read:
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36 63C-17-101. Title.
37 (1) This chapter is known as "Redistricting Advisory Commission."
38 (2) This part is known as "General Provisions."
39 Section 2. Section 63C-17-102 is enacted to read:
40 63C-17-102. Definitions.
41 As used in this chapter:
42 (1) "Commission" means the Redistricting Advisory Commission created in Section
43 63C-17-202.
44 (2) (a) "Leadership position in a political party" means an elected position in party
45 leadership.
46 (b) "Leadership position in a political party" does not include a party delegate.
47 Section 3. Section 63C-17-201 is enacted to read:
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49 63C-17-201. Title.
50 This part is known as "Commission Creation and Duties."
51 Section 4. Section 63C-17-202 is enacted to read:
52 63C-17-202. Redistricting Advisory Commission -- Creation -- Membership --
53 Term of office.
54 (1) There is created the Redistricting Advisory Commission.
55 (2) The commission consists of seven members, no more than two of whom may reside
56 in the same congressional district, appointed as follows:
57 (a) three members appointed by the political party that cast the highest number of votes
58 for governor, lieutenant governor, attorney general, state auditor, and state treasurer, excluding
59 votes for unopposed candidates, in the most recent general election;
60 (b) three members appointed by the political party that cast the second highest number
61 of votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
62 excluding votes for unopposed candidates, in the most recent general election; and
63 (c) one member appointed by a majority of the members described in Subsections
64 (2)(a) and (b).
65 (3) A member described in Subsection (2):
66 (a) for the three years before the day on which the member is appointed to the
67 commission:
68 (i) shall have continuously maintained registration as a voter in the state;
69 (ii) may not have been a candidate for, or held, partisan office;
70 (iii) may not have been a candidate for, or held, a leadership position in a political
71 party;
72 (iv) may not have been a registered lobbyist; and
73 (v) may not have served as a member of a candidate's campaign committee;
74 (b) while serving as a member of the commission:
75 (i) shall continuously maintain registration as a voter in the state;
76 (ii) may not become a candidate for, or hold, partisan office;
77 (iii) may not become a candidate for, or hold, a leadership position in a political party;
78 (iv) may not become a registered lobbyist; and
79 (v) may not serve as a member of a candidate's campaign committee; and
80 (c) before serving as a member of the commission, shall file with the lieutenant
81 governor a statement certifying that the member will:
82 (i) comply with the constitutional and statutory requirements relating to redistricting in
83 an honest, independent, and impartial manner; and
84 (ii) act to ensure the public confidence in, and integrity of, the redistricting process.
85 (4) (a) The term of a member of the commission is 10 years, beginning on January 1 of
86 the year before the year during which the decennial census report is published.
87 (b) If a midterm vacancy occurs on the commission, the vacancy shall be filled for the
88 remainder of the term by the same entity that appointed the member being replaced.
89 (c) An individual may not be appointed to serve more than two terms as a member of
90 the commission, regardless of whether one of the terms was for less than 10 years.
91 (5) A member of the commission may not receive compensation or benefits for the
92 member's service, but may receive per diem and travel expenses in accordance with:
93 (a) Section 63A-3-106;
94 (b) Section 63A-3-107; and
95 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
96 63A-3-107.
97 (6) A majority of the members appointed to the commission constitutes a quorum and a
98 majority vote of a quorum present constitutes the action of the commission.
99 Section 5. Section 63C-17-203 is enacted to read:
100 63C-17-203. Commission duties.
101 (1) On or before July 15 of the year in which the decennial census report is published,
102 the commission shall submit to the director of the Office of Legislative Research and General
103 Counsel, for consideration by the Legislature, at least three, but no more than five, proposed
104 redistricting maps for state Senate districts and state House districts.
105 (2) The commission shall rank each map described in Subsection (1) in order of
106 preference.
107 (3) If, after redistricting maps are adopted by the Legislature, a court enters an order
108 that requires the Legislature to alter or adopt a new map for a district described in Subsection
109 (1), the commission may submit new maps to the director of the Office of Legislative Research
110 and General Counsel for consideration by the Legislature.
111 Section 6. Section 63C-17-204 is enacted to read:
112 63C-17-204. Redistricting standards.
113 (1) In drawing the maps described in Section 63C-17-203, the commission shall:
114 (a) comply with all constitutional and legal requirements relating to redistricting,
115 including requirements relating to disparity, contiguity, and compactness; and
116 (b) to the extent reasonably possible, comply with the following principles, in the
117 following order of priority:
118 (i) keep boundaries as close to existing configurations as practicable; and
119 (ii) align boundaries with boundaries of counties, cities, and towns.
120 (2) The commission may not, in drawing a map, attempt to give a political advantage
121 to a political party.
122 Section 7. Section 63C-17-301 is enacted to read:
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124 63C-17-301. Title.
125 This part is known as "Miscellaneous Provisions."
126 Section 8. Section 63C-17-302 is enacted to read:
127 63C-17-302. Status of commission maps.
128 A map submitted under this chapter by the commission for the Legislature's
129 consideration:
130 (1) is advisory only and is not required to be considered or adopted by the Legislature;
131 and
132 (2) is a public record under Title 63G, Chapter 2, Government Records Access and
133 Management Act.
Legislative Review Note
Office of Legislative Research and General Counsel