S-304                 _______________________________________________

 

                                         SENATE JOINT RESOLUTION NO. 8202

                        _______________________________________________

 

State of Washington                              50th Legislature                              1987 Regular Session

 

By Senator Moore

 

 

Read first time 1/13/87 and referred to Committee on Governmental Operations.

 

         


BE IT RESOLVED, BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:

          THAT, At the next general election to be held in this state there shall be submitted to the qualified voters of the state for their approval and ratification, or rejection, an amendment to the Constitution of the state of Washington by repealing Article XXII, sections 1 and 2; and by amending Article II, sections 2, 5, 6, and 43 to read as follows:

 

 

        Sec. 1.  Article II, section 2.              Beginning with the legislative session starting in January 1991, the house of representatives shall be composed of ((not less than sixty-three nor more than ninety-nine)) seventy members.  ((The number of senators shall not be more than one-half nor less than one-third of the number of members of the house of representatives.  The first legislature shall be composed of seventy members of the house of representatives, and thirty-five senators.))  The senate shall be composed of thirty-five members.

 

 

        Sec. 2.  Article II, section 5.              ((The next election of the members of the house of representatives after the adoption of this Constitution shall be on the first Tuesday after the first Monday of November, eighteen hundred and ninety, and thereafter,))  Beginning with the legislative session starting in January 1991, members of the house of representatives shall be elected ((biennially and their term of office shall be two years)) for three-year terms, one-third of their number retiring every year; and each election shall be on the first Tuesday after the first Monday in November, unless otherwise changed by law.  For the representatives elected in 1990 to begin serving in 1991, however, the terms of twenty-three members shall expire at the end of 1991, the terms of twenty-three members shall expire at the end of 1992, and the terms of twenty-four members shall expire at the end of 1993.  The secretary of state shall by lot determine the terms of representatives elected in 1990.

 

 

        Sec. 3.  Article II, section 6.              After the first election the senators shall be elected by single districts of convenient and contiguous territory, at the same time and in the same manner as members of the house of representatives are required to be elected; and no representative district shall be divided in the formation of a senatorial district.  Beginning with the legislative session starting in January 1991, they shall be elected for ((the)) terms of ((four)) five years, ((one-half)) one-fifth of their number retiring every ((two years)) year.  ((The senatorial districts shall be numbered consecutively, and the senators chosen at the first election had by virtue of this Constitution, in odd numbered districts, shall go out of office at the end of the first year; and the senators, elected in the even numbered districts, shall go out of office at the end of the third year.))  For the senators elected in 1990 to begin serving in 1991, however, the terms of seven members shall expire at the end of 1991, the terms of seven members shall expire at the end of 1992, the terms of seven members shall expire at the end of 1993, the terms of seven members shall expire at the end of 1994, and the terms of seven members shall expire at the end of 1995.  The secretary of state shall by lot determine the terms of senators elected in 1990.

 

        Sec. 4.  Article II, section 43.             (1) In January of each year ending in one, a commission shall be established to provide for the redistricting of state legislative and congressional districts.

          (2) The commission shall be composed of five members to be selected as follows:  The legislative leader of the two largest political parties in each house of the legislature shall appoint one voting member to the commission by January 15th of each year ending in one.  By January 31st of each year ending in one, the four appointed members, by an affirmative vote of at least three, shall appoint the remaining member.  The fifth member of the commission, who shall be nonvoting, shall act as its chairperson.  If any appointing authority fails to make the required appointment by the date established by this subsection, within five days after that date the supreme court shall make the required appointment.

          (3) No elected official and no person elected to legislative district, county, or state political party office may serve on the commission.  A commission member shall not have been an elected official and shall not have been an elected legislative district, county, or state political party officer within two years of his or her appointment to the commission.  The provisions of this subsection do not apply to the office of precinct committee person.

          (4) The legislature shall enact laws providing for the implementation of this section, to include additional qualifications for commissioners and additional standards to govern the commission.  The legislature shall appropriate funds to enable the commission to carry out its duties.

          (5) Each district shall contain a population, excluding nonresident military personnel, as nearly equal as practicable to the population of any other district.  To the extent reasonable, each district shall contain contiguous territory, shall be compact and convenient, and shall be separated from adjoining districts by natural geographic barriers, artificial barriers, or political subdivision boundaries.  The commission's plan shall not provide for a number of legislative districts different than that established by the legislature.  The commission's plan shall not be drawn purposely to favor or discriminate against any political party or group.

          (6) The commission shall complete redistricting as soon as possible following the federal decennial census, but no later than January 1st of each year ending in two.  At least three of the voting members shall approve such a redistricting plan.  If three of the voting members of the commission fail to approve a plan within the time limitations provided in this subsection, the supreme court shall adopt a plan by April 30th of the year ending in two in conformance with the standards set forth in subsection (5) of this section.

          (7) The legislature may amend the redistricting plan but must do so by a two-thirds vote of the legislators elected or appointed to each house of the legislature.  Any amendment must have passed both houses by the end of the thirtieth day of the first session convened after the commission has submitted its plan to the legislature.  After that day, the plan, with any legislative amendments, constitutes the state districting law.

          (8) The legislature shall enact laws providing for the reconvening of a commission for the purpose of modifying a districting law adopted under this section.  Such reconvening requires a two-thirds vote of the legislators elected or appointed to each house of the legislature.  The commission shall conform to the standards prescribed under subsection (5) of this section and any other standards or procedures that the legislature may provide by law.  At least three of the voting members shall approve such a modification.  Any modification adopted by the commission may be amended by a two-thirds vote of the legislators elected and appointed to each house of the legislature.  The state districting law shall include the modifications with amendments, if any.

          (9) The legislature shall prescribe by law the terms of commission members and the method of filling vacancies on the commission.

          (10) The supreme court has original jurisdiction to hear and decide all cases involving congressional and legislative redistricting.

          (11) Legislative and congressional districts may not be changed or established except pursuant to this section.  A districting plan and any legislative amendments to the plan are not subject to Article III, section 12 of this Constitution.

          (12) The commission shall be established in 1989 to provide for the redistricting of state legislative districts to satisfy the requirements of the amendments to Article II, sections 2, 5, and 6 of this Constitution ratified by the voters at the November 1987 general election.  The provisions of subsections (2) through (11) of this section shall apply to that commission and its redistricting plan, or its failure to approve such a plan, in the same manner as they apply to a commission established in a year ending in one and its redistricting plan or its failure to approve such a plan.

 

        Sec. 5.  Article XXII, sections 1 and 2 of the state Constitution are each repealed.

 

        Sec. 6.      The amendments to Article II, sections 2, 5, 6, and 43 of the state Constitution shall take effect on January 1, 1989 and shall apply to the legislative session beginning the second Monday of January in 1991.      

BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of the foregoing constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.