Representative DeWine moved to amend as follows:
Delete lines 11 through 435 and insert:
"Be it resolved by the General Assembly of the
State of Ohio, three-fifths
of the members elected to each house concurring
herein, that there shall be
submitted to the electors of the state, in the manner
prescribed by law at the
general election to be held on November 7, 2006, a
proposal to amend Sections
1, 6, and 13 of Article XI of the Constitution of the
State of Ohio to read as
follows:
2908 HOUSE
JOURNAL, THURSDAY, MAY 25, 2006
ARTICLE XI
Section 1. The
governor, auditor of state, secretary of state, one person
chosen by the speaker of the house of representatives
and the leader in the senate
of the political party of which the speaker is a
member, and one person chosen
by the legislative leaders in the two houses of the
major political party of which
the speaker is not a memberFive members of the public
shall be the persons
responsible for the apportionment of this state for
members of the general
assembly and for representatives to Congress. Not
later than January 31 in the
year 2011 and every tenth year thereafter, the speaker
of the house of
representatives, the president of the senate, the
senate minority leader, and the
minority leader of the house of representatives shall
each appoint one member of
the public for those apportionment purposes. Within
sixty days after the last of
those appointments is made, those four members of the
public shall elect, by
majority vote, the fifth member of the public to be
responsible for those
apportionments.
Such personsThe five members of the public shall meet
and, orby a
majority of their numbervote, shall meet and establish
in the manner prescribed
in this Article the boundaries for each of ninety-nine
house of representatives
districts and thirty-three senate districts of the
general assembly. Such
meetingThey also shall meet and, by a majority vote,
shall establish the
congressional districts of the representatives to
Congress from this state in
accordance with all applicable laws of the United
States and this state and
applicable judicial decisions. These meetings shall
convene on a date designated
by the governor between August 1 and October 1 in the
year one thousand nine
hundred seventy-one2011 and every tenth year
thereafter. The governor shall
give such personsthe apportioning members of the
public two weeks advance
notice of the date, time, and place of sucheach
meeting.
The governor shall cause both the apportionment for
members of the
general assembly and the apportionment for
representatives to Congress to be
published nonot later than October 5 of the year in
which it isthey are made, in
suchthe manner as provided by law.
Section 6. District
boundaries established pursuant to this Article for
members of the general assembly or for representatives
to Congress shall not be
changed until the ensuing federal decennial census and
the ensuing
apportionment or as provided in section 13 of this
Article, notwithstanding the
fact that boundaries of political subdivisions or city
wards within thea district
may be changed during that time. District boundaries
for members of the general
assembly shall be created by using the boundaries of
political subdivisions and
city wards as they exist at the time of the federal
decennial census on which the
apportionment is based, or such other basis as the
general assembly has directed.
Section 13. The
supreme court of Ohio shall have exclusive, original
jurisdiction in all cases arising under this Article
that relate to the apportionment
HOUSE JOURNAL, THURSDAY, MAY 25, 2006 2909
of this state for members of the general assembly or
the district of any member
of the general assembly. In the event thatIf any
section of this Constitution
relating to apportionment or any plan of apportionment
for members of the
general assembly made by the personsmembers of the
publicresponsible for
apportionment under Section 1 of this Article, by a
majority of their number, is
determined to be invalid by either the supreme court
of Ohio, or the supreme
court of the United States, then, notwithstanding any
other provisions of this
Constitution, the personsmembers of the public
responsible for apportionment
under Section 1 of this Article, by a majority of
their number, shall ascertain and
determine a plan of apportionment in conformity with
suchthe provisions of this
Constitution as are then valid, including establishing
terms of office and election
of members of the general assembly from districts
designated in the plan, to be
used until the next regular apportionment in
conformity with suchthe provisions
of this Constitution as are then valid.
Notwithstanding any provision of this Constitution or
any law regarding
the residence of senators and representativesmembers
of the general assembly, a
plan of apportionment made pursuant to this section
shall allow thirty days for
persons to change residence in order to be eligible
for election.
The governor shall give the personsmembers of the
publicresponsible for
apportionment under Section 1 of this Article two
weeks advance written notice
of the date, time, and place of any meeting held
pursuant to this section.
EFFECTIVE DATE AND REPEAL
If adopted by a majority of the electors voting on
this amendment, the
amendment shall take effect immediately, and existing
Sections 1, 6, and 13 of
Article XI of the Constitution of the State of Ohio
shall be repealed from such
effective date."
Delete lines 1 through 10 of the title and insert:
"Proposing to amend Sections 1, 6, and 13 of
Article XI of the
Constitution of the State of Ohio to change the
composition of the
Apportionment Board and to require the Apportionment
Board to apportion the
state for members of the General Assembly and for
representatives to Congress."