SJR114: Joint Resolution Text

LRB-4601/1

JK:skw

2021 - 2022 LEGISLATURE

2021 Senate JOINT RESOLUTION 114

March 9, 2022 - Introduced by Senators Smith, Carpenter, Roys and Ringhand, cosponsored by Representatives Hesselbein, Spreitzer, Andraca, Hebl, Emerson, B. Meyers, Baldeh, Subeck, Snodgrass, Drake, Goyke, Riemer, Vruwink, Sinicki, Hintz, Conley, Pope, S. Rodriguez, Hong, Bowen, Milroy, Shankland, Anderson and Shelton. Referred to Committee on Government Operations, Legal Review and Consumer Protection.

SJR114,1,4 To renumber section 3 of article IV; to amend section 4 of article IV and section 5 of article IV; and to create section 3 (2), (3), (4), (5), (6), (7) and (8) of article IV and section 9 (3) of article IV of the constitution; relating to: legislative and congressional redistricting (first consideration).

Analysis by the Legislative Reference Bureau

This constitutional amendment, proposed to the 2021 legislature, on first consideration, creates a new procedure for the preparation of legislative and congressional redistricting plans. The bill directs the Legislative Reference Bureau to draw redistricting plans based upon standards specified in the amendment and establishes a Redistricting Advisory Commission to perform certain tasks in the redistricting process. Currently, under the state constitution, the legislature is directed to redistrict legislative districts according to the number of inhabitants at its next session following each federal decennial census. At the same intervals, the legislature also reapportions congressional districts in this state pursuant to federal law.

Under the amendment, the Redistricting Advisory Commission must be created not later than February 15 of the first year following the federal decennial census and terminates upon satisfying its duties, until a new Redistricting Advisory Commission is created for the next round of legislative and congressional redistricting. The commission consists of five members. The speaker and minority leader of the assembly and the majority and minority leaders of the senate must each appoint one person to serve on the commission. Within 30 days after the fourth commission member is appointed, but not later than February 15 of the first year following the federal decennial census, the four commission members so appointed must select the fifth commission member, who serves as chairperson. The amendment prohibits all of the following individuals from being commission members: individuals who are not eligible electors of this state at the time of the appointment, individuals who hold partisan public office or political party office, and individuals who are a relative of or are employed by a member of the legislature or of Congress or are employed directly by the legislature or Congress.

The amendment provides that the LRB must be strictly nonpartisan in preparing redistricting plans. In addition, no district may be drawn for the purpose of favoring a political party, incumbent legislator or member of Congress, or other person or group, except to the extent necessary to comply with constitutional requirements and the federal Voting Rights Act, or for the purpose of diluting the voting strength of a language or racial minority group. Generally, in preparing the plan the LRB may not use political affiliations of registered voters, previous election results, or use residence addresses of incumbent legislators or members of Congress.

The amendment also provides that, if requested to do so by the LRB, the Redistricting Advisory Commission must provide direction to the LRB concerning any decision the LRB must make in preparing a redistricting plan for which there is no clearly applicable guideline. The commission must oversee the work of LRB employees engaged in preparing a redistricting plan and may enter into contracts for hiring experts to assist in plan preparation. In addition, the commission must conduct public hearings on a redistricting bill delivered by the LRB to the legislature and submit a report to the legislature summarizing information and testimony received by the commission at the hearings.

Finally, the amendment requires the LRB to deliver to the senate and assembly identical bills embodying a plan of legislative and congressional redistricting. The legislature must bring the bill to a vote expeditiously, but not less than seven days after the report of the Redistricting Advisory Commission is received and made available to the members of the legislature. In addition, the vote must be under a procedure or rule permitting no amendments. However, if the legislature rejects the bill and a 2nd redistricting bill submitted by the LRB, the legislature may amend any subsequent redistricting bill, but a subsequent bill, and any amendments to it, may be passed only with the approval of three-fourths of all the members elected in each house.

A proposed constitutional amendment requires adoption by two successive legislatures, and ratification by the people, before it can become effective.

SJR114,2,1 Resolved by the senate, the assembly concurring, That:

SJR114,1 Section 1 . Section 3 of article IV of the constitution is renumbered section 3 (1) of article IV.

SJR114,2 Section 2. Section 3 (2), (3), (4), (5), (6), (7) and (8) of article IV of the constitution are created to read:

SJR114,3,6 [Article IV] Section 3 (2) (a) The legislative reference bureau shall acquire appropriate information, review and evaluate available facilities, and develop programs and procedures in preparation for drawing congressional and legislative redistricting plans on the basis of each federal decennial census.

SJR114,3,11 (b) By December 1 of the year of the federal decennial census, the legislative reference bureau shall obtain from the federal government information regarding geographic and political units in this state for which federal census population data has been gathered and will be tabulated. The legislative reference bureau shall use the information to do all of the following:

SJR114,3,14 1. Prepare necessary descriptions of geographic and political units for which census data will be reported and that are suitable for use as components of legislative districts.

SJR114,3,17 2. Prepare maps of geographic and political units within the state that may be used to illustrate the locations of district boundaries proposed in plans prepared in accordance with sub. (5).

SJR114,4,2 (c) As soon as possible after receiving the federal census data needed for legislative redistricting, the legislative reference bureau shall use that data to assign a population figure based upon certified federal census data to each geographic and political unit described under par. (b) 1. The legislative reference bureau shall prepare and publish an analysis describing the population of current legislative and congressional districts and the extent to which the districts may violate the standards under sub. (5). Upon satisfying these requirements, the legislative reference bureau shall begin the preparation of congressional and legislative redistricting plans as required under sub. (4).

SJR114,4,6 (d) None of the 4 selecting authorities, as defined in sub. (8) (a) 2., may assign or hire any person to work with the legislative reference bureau to prepare for redistricting under this subsection, to prepare plans under sub. (4), or to oversee either process.

SJR114,4,12 (3) After receipt of a division ordinance or resolution, as provided by law, the legislative reference bureau shall use the federal census data obtained under sub. (2) (c) to assign a population figure based upon certified federal census data to each ward established in the division ordinance or resolution. The legislative reference bureau shall use each ward to which a population figure is assigned in preparing congressional and legislative redistricting plans as required under sub. (4).

SJR114,4,22 (4) (a) Not later than January 1 of the 2nd year following the federal decennial census, the legislative reference bureau shall deliver to the majority leader of the senate and speaker of the assembly identical bills creating plans of legislative and congressional redistricting, prepared in accordance with sub. (5). Either the assembly or the senate shall bring the bill to a vote expeditiously, but not less than 7 days after the commission report under sub. (8) (c) 4. b. is received and made available to the members of the legislature. The vote shall be under a procedure or rule permitting no amendments. If the bill is approved by the first house in which it is considered, the bill shall expeditiously be brought to a vote in the 2nd house under a similar procedure or rule.

SJR114,5,12 (b) If neither of the bills delivered by the legislative reference bureau under par. (a) is approved by both the assembly and the senate, the chief clerk of the house that failed to approve the bill shall immediately transmit to the legislative reference bureau information that the house may direct regarding reasons why the plan was not approved. The legislative reference bureau shall prepare identical bills embodying a 2nd plan of legislative and congressional redistricting prepared in accordance with sub. (5), taking into account the reasons transmitted to the legislative reference bureau under this paragraph insofar as it is possible to do so within the requirements of sub. (5). The legislative reference bureau shall deliver the bills to the majority leader of the senate and the speaker of the assembly no later than 21 days after the date of the vote by which the senate or the assembly failed to approve the bill submitted under par. (a). Any bill delivered by the legislative reference bureau under this paragraph shall be expeditiously introduced and brought to a vote not less than 7 days after the date of introduction, in the same manner as prescribed for the bill required under par. (a).

SJR114,5,24 (c) If neither of the bills delivered by the legislative reference bureau under par. (b) is approved by both the assembly and the senate, the same procedure as prescribed by par. (b) shall be followed. If a 3rd plan is required under this paragraph, the legislative reference bureau shall deliver the bills to the majority leader of the senate and the speaker of the assembly no later than 21 days after the date of the vote by which the senate or the assembly failed to approve the bill submitted under par. (b). Any bill delivered by the legislative reference bureau under this paragraph shall be expeditiously introduced and brought to a vote not less than 7 days after the date of introduction and shall be subject to amendment in the same manner as other bills. Any bill delivered under this paragraph, and any amendment to such a bill, may be passed only with the approval of three-fourths of all the members elected in each house.

SJR114,5,25 (d) Notwithstanding pars. (a) to (c):

SJR114,6,10 1. If certified federal census data that is sufficient to permit preparation of a congressional redistricting plan becomes available at an earlier time than the population data needed to permit preparation of a legislative redistricting plan in accordance with sub. (5), the legislative reference bureau shall so inform the majority leader of the senate and the speaker of the assembly. If the majority leader of the senate and the speaker of the assembly jointly direct, the legislative reference bureau shall prepare a separate bill establishing congressional districts and deliver it separately from the bill establishing legislative districts. The legislature shall proceed to consider the congressional redistricting bill in substantially the manner prescribed by pars. (a) to (c).

SJR114,6,19 2. If the population data for legislative redistricting that the federal government provides and, if used by the legislative reference bureau, the corresponding topologically integrated geographic encoding and referencing data file for that population data are not available to the legislative reference bureau on or before April 1 of the first year following the federal decennial census, the deadlines set forth in this subsection shall be extended by a number of days equal to the number of days after April 1 of the first year following the federal decennial census that the population data and the topologically integrated geographic encoding and referencing data file for legislative redistricting become available.

SJR114,6,23 (5) (a) Legislative and congressional districts shall be established on the basis of population requirements imposed under this constitution and the U.S. Constitution and requirements imposed under section 2 of the Voting Rights Act of 1965.

SJR114,7,11 (b) Senate and assembly districts, respectively, shall satisfy the population standards established in this paragraph. The quotient, obtained by dividing the sum of the absolute values of the deviations of all district populations from the applicable ideal district population by the number of districts established, may not vary by more than 1 percent from the applicable ideal district population, unless necessary to maintain compliance with section 2 of the Voting Rights Act of 1965. For purposes of this paragraph, the ideal district population is determined by dividing the population of the state reported in the most recent federal decennial census by the number of districts to be established. No senate district may have a population that varies by more than 10 percent from any other senate district and no assembly district may have a population that varies by more than 10 percent from any other assembly district, unless necessary to maintain compliance with section 2 of the Voting Rights Act of 1965.

SJR114,7,17 (c) Congressional districts shall each have a population as nearly equal as practicable to the ideal district population, derived as prescribed in par. (b), while maintaining compliance with section 2 of the Voting Rights Act of 1965. No congressional district may have a population that varies by more than 1 percent from the applicable ideal district population, unless necessary to comply with section 2 of the Voting Rights Act of 1965.

SJR114,7,25 (d) District boundaries shall coincide with ward boundaries and, to the extent consistent with par. (a), shall coincide with the boundaries of political subdivisions. The number of political subdivisions divided among more than one district shall be as small as possible. When there is a choice among political subdivisions to divide, the more populous political subdivisions shall be divided before the less populous, except that this requirement does not apply to a legislative district boundary drawn along a county boundary that passes through a city with territory in more than one county.

SJR114,8,2 (e) Districts shall be composed of convenient contiguous territory. Areas that meet only at the points of adjoining corners are not contiguous.

SJR114,8,7 (f) Districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or diminishing the ability of racial or language minorities to elect representatives of each minority group's choice, whether by the group or by voting concert with other persons.

SJR114,8,8 (g) 1. In this paragraph:

SJR114,8,17 a. “Geographic unit center" means that point within a population data unit approximately equidistant from the northern and southern extremities and also approximately equidistant from the eastern and western extremities of the population data unit. This point shall be determined by visual observation of a map of the population data unit, unless it is otherwise determined within the context of an appropriate coordinate system developed by the federal government or another source that the legislative reference bureau determines is qualified and objective and is obtained for use in this state with prior approval of the joint committee on legislative organization.

SJR114,8,21 b. “Population data unit" means a ward, census enumeration district, block, or other unit of territory that has clearly identified geographic boundaries and for which a total population figure is included in or can be derived directly from certified federal census data.

SJR114,9,2 c. “X-coordinate" means the relative location of a point along the east–west axis of the state. Unless otherwise measured within the context of an appropriate coordinate system obtained for use as permitted by subd. 1. a., the x-coordinate shall be measured along a line drawn due east from a due north and south line running through the point that is the western extremity of this state, to the point to be located.

SJR114,9,8 d. “Y-coordinate" means the relative location of a point along the north–south axis of the state. Unless otherwise measured within the context of an appropriate coordinate system obtained for use as permitted by subd. 1. a., the y-coordinate shall be measured along a line drawn due south from a due east and west line running through the point that is the northern extremity of this state, to the point to be located.

SJR114,9,15 2. To the extent consistent with pars. (a) to (c), districts shall be compact in form. Compact districts are those that are square, rectangular, or hexagonal in shape to the extent permitted by natural or political boundaries. When it is necessary to compare the relative compactness of 2 or more districts, or of 2 or more alternative redistricting plans, the tests prescribed by subds. 3. and 4. shall be used. Should the results of these 2 tests be contradictory, the standard under subd. 3. shall be given greater weight than the standard under subd. 4.

SJR114,9,18 3. a. The compactness of a district is greatest when the length of the district and the width of the district are equal. The measure of a district's compactness is the absolute value of the difference between the length and the width of the district.

SJR114,9,23 b. In measuring the compactness of a district by means of electronic data processing, the difference between the x-coordinates of the easternmost and the westernmost geographic unit centers included in the district shall be compared to the difference between the y-coordinates of the northernmost and southernmost geographic unit centers included in the district.

SJR114,9,25 c. To determine the length and width of a district by manual measurement, the distance from the northernmost point or portion of the boundary of a district to the southernmost point or portion of the boundary of the same district and the distance from the westernmost point or portion of the boundary of the district to the easternmost point or portion of the boundary of the same district shall each be measured. If the northernmost or southernmost portion of the boundary, or each of these points, is a part of the boundary running due east and west, the line used to make the measurement required by this subd. 3. c. shall be drawn either due north and south or as nearly so as the configuration of the district permits. If the easternmost or westernmost portion of the boundary, or each of these points, is a part of the boundary running due north and south, a similar procedure shall be followed. The lines to be measured for the purpose of this subd. 3. c. shall each be drawn as required by this subd. 3. c., even if some part of either or both lines lies outside the boundaries of the district that is being tested for compactness.

SJR114,10,18 d. The absolute values computed for individual districts under this subdivision may be cumulated for all districts in a plan in order to compare the overall compactness of 2 or more alternative redistricting plans for the state or for a portion of the state. However, it is not valid to cumulate or compare absolute values computed using the measurements under subd. 3. b. with those computed using the measurements under subd. 3. c.

SJR114,10,21 4. a. The compactness of a district is greatest when the ratio of the dispersion of population about the population center of the district to the dispersion of population about the geographic center of the district is one to one.

SJR114,11,7 b. The population dispersion about the population center of a district or about the geographic center of a district is computed as the sum of the products of the population of each population data unit included in the district multiplied by the square of the distance from the geographic unit center of that population data unit to the population center or the geographic center of the district, as the case may be. The geographic center of the district is defined by averaging the locations of all geographic unit centers that are included in the district. The population center of the district is defined by computing the population-weighted average of the x-coordinates and y-coordinates of each geographic unit center assigned to the district, it being assumed for the purpose of this calculation that each population data unit possesses uniform density of population.

SJR114,11,10 c. The ratios computed for individual districts under this subdivision may be averaged for all districts in a plan in order to compare the overall compactness of 2 or more alternative redistricting plans for the state or for a portion of the state.

SJR114,11,17 (h) In preparing any redistricting plan, the legislative reference bureau shall be strictly nonpartisan. No district may be drawn for the purpose of favoring a political party, incumbent legislator or member of Congress, or other person or group or, except to the extent required under par. (a), for the purpose of augmenting or diluting the voting strength of a language or racial minority group. Except as provided in par. (j), in establishing districts, no use shall be made of any of the following data:

SJR114,11,18 1. The residence addresses of incumbent legislators or members of Congress.

SJR114,11,19 2. Political affiliations of registered voters.

SJR114,11,20 3. Previous election results.

SJR114,11,22 4. Demographic information except as necessary to meet the requirements of pars. (a) and (j).

SJR114,12,2 (i) Except as otherwise provided in this paragraph, to the extent possible, each congressional district shall contain only whole senate districts. The other standards specified in this subsection shall take precedence in a case in which a conflict arises between those standards and the requirement of including only whole senate districts within a congressional district.

SJR114,12,8 (j) In preparing any redistricting plan, the legislative reference bureau shall test the efficiency gap and competitiveness of each district and make the test results available to the public, including publishing the results on its Internet site, no later than 72 hours prior to the first public hearing on the proposed plan. The legislative reference bureau may use the data described under par. (h) 2. to 4. to perform the tests under this paragraph.

SJR114,12,9 (6) Each bill delivered under sub. (4) shall provide all of the following:

SJR114,12,11 (a) That, wherever territory is described in the bill by geographic boundaries, the following conventions are used:

SJR114,12,13 1. Each bound continues to the intersection with the bound next named, or to the intersection with a straight-line extension of such bound.

SJR114,12,15 2. If the bound is a street, it follows the center line of the street or the center line of the street extended.

SJR114,12,17 3. If the bound is a railroad right-of-way, it follows the center line of the railroad right-of-way.

SJR114,12,19 4. If the bound is a river or stream, it follows the center of the main channel of such river or stream.

SJR114,12,20 5. If the bound follows a municipal boundary, it coincides with such boundary.

SJR114,12,24 (b) That the bill first applies, with respect to regular elections, to offices filled at the next occurring general election after the bill takes effect and, with respect to special or recall elections, to offices filled or contested on or after the date of that general election.

SJR114,13,10 (7) If an action is brought challenging a legislative redistricting plan under this section on the basis of an excessive population variance among senate or assembly districts established in the plan, the legislature has the burden of justifying any variance in excess of 10 percent between the population of a senate or assembly district and the applicable ideal district population. If an action is brought challenging a congressional redistricting plan under this section on the basis of an excessive population variance among congressional districts established in the plan, the legislature has the burden of justifying any variance in excess of 1 percent between the population of a congressional district and the applicable ideal district population.

SJR114,13,11 (8) (a) In this subsection:

SJR114,13,12 1. “Chief election officer" means the elections commission administrator.

SJR114,13,13 2. “Four selecting authorities" means all of the following:

SJR114,13,14 a. The majority leader of the senate.

SJR114,13,15 b. The minority leader of the senate.

SJR114,13,16 c. The speaker of the assembly.

SJR114,13,17 d. The minority leader of the assembly.

SJR114,13,18 3. “Partisan public office" means any of the following:

SJR114,13,20 a. The office of governor, lieutenant governor, secretary of state, state treasurer, attorney general, state senator, or state representative to the assembly.

SJR114,13,22 b. A county office that is filled by an election process involving nomination and election of candidates on a partisan basis.