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."