Bill Text - CACR10 (2009)

Relating to: electoral districts. Providing that: representative districts be apportioned within senate districts and that senate districts be apportioned within executive council districts and giving county boundaries priority in senate district apportionment.


Revision: Jan. 27, 2009, midnight

CACR 10 – AS INTRODUCED

2009 SESSION

09-0651

06/03

CONSTITUTIONAL AMENDMENT

CONCURRENT RESOLUTION 10

RELATING TO: electoral districts.

PROVIDING THAT: representative districts be apportioned within senate districts and that senate districts be apportioned within executive council districts and giving county boundaries priority in senate district apportionment.

SPONSORS: Sen. Denley, Dist 3; Rep. Fleck, Carr 5; Rep. Scala, Carr 5

COMMITTEE: Election Law and Veterans’ Affairs

ANALYSIS

This constitutional amendment concurrent resolution provides criteria for redistricting representative and senate districts.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0651

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

CONCURRENT RESOLUTION PROPOSING CONSTITUTIONAL AMENDMENT

RELATING TO: electoral districts.

PROVIDING THAT: representative districts be apportioned within senate districts and that senate districts be apportioned within executive council districts and giving county boundaries priority in senate district apportionment.

Be it Resolved by the Senate, the House of Representatives concurring, that the

Constitution of New Hampshire be amended as follows:

I. That article 9 of the second part of the constitution be amended to read as follows:

[Art.] 9. [Representatives Elected Every Second Year; Apportionment of Representatives.] There shall be in the legislature of this state a house of representatives, biennially elected and founded on principles of equality, and representation therein shall be as equal as circumstances will admit. The whole number of representatives to be chosen from the towns, wards, places, and representative districts thereof established hereunder, shall be [not less than three hundred seventy-five or more than four hundred. As soon as possible after the convening of the next regular session of the legislature, and] 400, consisting of 16 from each senate district. At the regular legislative session in 1971, and every ten years thereafter, the legislature shall make an apportionment of representatives according to the last general census of the inhabitants of the state taken by authority of the United States or of this state. In making such apportionment, no town, ward or place shall be divided nor the boundaries thereof altered.

II. That article 11 of the second part of the constitution be amended to read as follows:

[Art.] 11. [Small Towns; Representation by Districts.] When the population of any town or ward, according to the last federal census, is within a reasonable deviation from the ideal population for one or more representative seats, the town or ward [shall] may have its own district of one or more representative seats. The apportionment shall not deny any other town or ward membership in one non-floterial representative district. When any town, ward, or unincorporated place has fewer than the number of inhabitants necessary to entitle it to one representative, the legislature shall [form those] combine it with a town or towns, wards, or unincorporated places [into] to form representative districts which contain a sufficient number of inhabitants to entitle each district so formed to at least one [or] but not more than 4 representatives for the entire district. In forming the districts, the boundaries of towns, wards, and unincorporated places shall be preserved and contiguous. The excess number of inhabitants of a district may be added to the excess number of inhabitants of other districts to form at-large or floterial districts conforming to acceptable deviations. The legislature shall form the representative districts at the regular session following every decennial federal census.

III. That article 11-a of the second part of the constitution be amended to read as follows:

[Art.] 11-a. [Division of Town, Ward or Place; Representative Districts.] Notwithstanding Articles 9 and 11, a law providing for an apportionment to form representative districts under Articles 9 and 11 of part Second may divide a town, ward, or unincorporated place into two or more representative districts [if such town, ward or place, by referendum requests such division].

IV. That article 25 of the second part of the constitution be amended to read as follows:

[Art.] 25. [Senate, How Constituted.] The senate shall consist of [twenty-four] 25 members.

V. That article 26 of the second part of the constitution be amended to read as follows:

[Art.] 26. [Senatorial Districts, How Constituted.] And that the state may be equally represented in the senate, the legislature shall divide the state into single-member districts, as nearly equal as may be in population, each consisting of contiguous towns, city wards, and unincorporated places, without dividing any town, city ward, or unincorporated place and, where possible, not crossing county lines. The legislature shall form the single-member districts at its next session after approval of this article by the voters of the state and thereafter at the regular session following each decennial federal census.

VI. That article 65 of the second part of the constitution be amended to read as follows:

[Art.] 65. [Councilor Districts Provided for.] The legislature may, if the public good shall hereafter require it, divide the state into five districts, as nearly equal as may be, governing themselves by the number of population, each district to elect a councilor: And, in case of such division, [the manner of the choice shall be conformable to the present mode of election in counties] each district shall be made up of 5 senate districts.

VII. That the above amendment proposed to the constitution be submitted to the qualified voters of the state at the state general election to be held in November, 2010.

VIII. That the selectmen of all towns, cities, wards, and places in the state are directed to insert in their warrants for the said 2010 election an article to the following effect: To decide whether the amendments of the constitution proposed by the 2009 session of the general court shall be approved.

IX. That the wording of the question put to the qualified voters shall be:

“Are you in favor of amending articles 9, 11, 11-a, 25, 26, and 65 of the second part of the constitution to read as follows:

[Art.] 9. [Representatives Elected Every Second Year; Apportionment of Representatives.] There shall be in the legislature of this state a house of representatives, biennially elected and founded on principles of equality, and representation therein shall be as equal as circumstances will admit. The whole number of representatives to be chosen from the towns, wards, places, and representative districts thereof established hereunder, shall be 400 consisting of 16 from each senate district. At the regular legislative session in 1971, and every ten years thereafter, the legislature shall make an apportionment of representatives according to the last general census of the inhabitants of the state taken by authority of the United States or of this state. In making such apportionment, no town, ward or place shall be divided nor the boundaries thereof altered.

[Art.] 11. [Small Towns; Representation by Districts.] When the population of any town or ward, according to the last federal census, is within a reasonable deviation from the ideal population for one but not more that 4 representative seats, the town or ward may have its own district of one or more representative seats. The apportionment shall not deny any other town or ward membership in one non-floterial representative district. When any town, ward, or unincorporated place has fewer than the number of inhabitants necessary to entitle it to one representative, the legislature shall combine it with a town or towns, wards, or unincorporated places to form representative districts which contain a sufficient number of inhabitants to entitle each district so formed to at least one but not more than 4 representatives for the entire district. In forming the districts, the boundaries of towns, wards, and unincorporated places shall be preserved and contiguous. The excess number of inhabitants of a district may be added to the excess number of inhabitants of other districts to form at-large or floterial districts conforming to acceptable deviations. The legislature shall form the representative districts at the regular session following every decennial federal census.

[Art.] 11-a. [Division of Town, Ward or Place; Representative Districts.] Notwithstanding Articles 9 and 11, a law providing for an apportionment to form representative districts under Articles 9 and 11 of part Second may divide a town, ward, or unincorporated place into two or more representative districts [if such town, ward or place, by referendum requests such division].

[Art.] 25. [Senate, How Constituted.] The senate shall consist of 25 members.

[Art.] 26. [Senatorial Districts, How Constituted.] And that the state may be equally represented in the senate, the legislature shall divide the state into single-member districts, as nearly equal as may be in population, each consisting of contiguous towns, city wards, and unincorporated places, without dividing any town, city ward, or unincorporated place and, where possible, not crossing county lines. The legislature shall form the single-member districts at its next session after approval of this article by the voters of the state and thereafter at the regular session following each decennial federal census.

[Art.] 65. [Councilor Districts Provided for.] The legislature may, if the public good shall hereafter require it, divide the state into five districts, as nearly equal as may be, governing themselves by the number of population, each district to elect a councilor: And, in case of such division, the each district shall be made up of 5 senate districts.”

V. That the secretary of state shall print the question to be submitted on a separate ballot or on the same ballot with other constitutional questions. The ballot containing the question shall include 2 squares next to the question allowing the voter to vote “Yes” or “No.” If no cross is made in either of the squares, the ballot shall not be counted on the question. The outside of the ballot shall be the same as the regular official ballot except that the words “Questions Relating to Constitutional Amendments proposed by the 2009 General Court” shall be printed in bold type at the top of the ballot.

VI. That if the proposed amendment is approved by 2/3 of those voting on the amendment, it becomes effective when the governor proclaims its adoption.