|
|
Constitutional Requirements |
|
Section 5
|
Article III Section
16. Legislative apportionment. - (a) SENATORIAL AND REPRESENTATIVE
DISTRICTS. The legislature at its regular session in the second year
following each decennial census, by joint resolution, shall apportion the
state in accordance with the constitution of the state and of the United
States into not less than thirty nor more than forty consecutively
numbered senatorial districts of either contiguous, overlapping or
identical territory, and into not less than eighty nor more than one
hundred twenty consecutively numbered representative districts of either
contiguous, overlapping or identical territory. Should that session
adjourn without adopting such joint resolution, the governor by
proclamation shall reconvene the legislature within thirty days in special
apportionment session which shall not exceed thirty consecutive days,
during which no other business shall be transacted, and it shall be the
mandatory duty of the legislature to adopt a joint resolution of
apportionment. (c) JUDICIAL REVIEW OF APPORTIONMENT. Within fifteen days after the passage of the joint resolution of apportionment, the attorney general shall petition the supreme court of the state for a declaratory judgment determining the validity of the apportionment. The supreme court, in accordance with its rules, shall permit adversary interests to present their views and, within thirty days from the filing of the petition, shall enter its judgment. (d) EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY APPORTIONMENT SESSION. A judgment of the supreme court of the state determining the apportionment to be valid shall be binding upon all the citizens of the state. Should the supreme court determine that the apportionment made by the legislature is invalid, the governor by proclamation shall reconvene the legislature within five days thereafter in extraordinary apportionment session which shall not exceed fifteen days, during which the legislature shall adopt a joint resolution or apportionment conforming to the judgment of the supreme court. (e) EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF APPORTIONMENT. Within fifteen days after the adjournment of an extraordinary apportionment session, the attorney general shall file a petition in the supreme court of the state setting forth the apportionment resolution adopted by the legislature, or if none has been adopted reporting that fact to the court. Consideration of the validity of a joint resolution of apportionment shall be had as provided for in cases of such joint resolution adopted at a regular or special apportionment session. *(f) JUDICIAL REAPPORTIONMENT. Should an extraordinary apportionment session fail to adopt a resolution of apportionment or should the supreme court determine that the apportionment made is invalid, the court shall, not late than sixty days after receiving the petition of the attorney general, file with the secretary of state an order making such apportionment. History. -Am. Proposed by Constitution Revision Commission, Revision No. 8, 1998, filed with the Secretary of State May 5, 1998; adopted 1998. Note.-Section 24(a), Art. XII, State Constitution, provides for the amendment to s.16(b) and (f), Art. III, State Constitution, by Revision No. 8 (1998) to take effect January 7, 2003. As amended by Revision No. 8 (1998), effective January 7, 2003, s.16(b) and (f), Art. III, State Constitution, will read: (b) FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL REAPPORTIONMENT. In the event a special apportionment session of the legislature finally adjourns without adopting a joint resolution of apportionment, the attorney general shall, within five days, petition the supreme court of the state to make such apportionment. No later than the sixtieth day after the filing of such petition, the supreme court shall file with the custodian of state records an order making such apportionment. (f) JUDICIAL REAPPORTIONMENT. Should an extraordinary apportionment session fail to adopt a resolution of apportionment of should the supreme court determine that the apportionment made is invalid, the court shall, not later that sixty days after receiving the petition of the attorney general, file with the custodian of state records an order making such apportionment. |
