H.J.R. 2006 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 The Constitution of the State of Iowa is amended by adding 3 the following new sections to a new article: 4 ARTICLE ___. 5 REDISTRICTING. 6 Section 1. Duties of general assembly. 7 1. The general assembly shall create and maintain a 8 nonpartisan legislative services agency or successor entity 9 having the duties set forth in this article and other duties as 10 the general assembly may provide by law. 11 2. The general assembly shall designate by law a state 12 commissioner of elections having the duties set forth in this 13 article and other duties as the general assembly may provide 14 by law. 15 Sec. 2. Preparations. 16 1. The legislative services agency shall acquire 17 appropriate information, review and evaluate available 18 facilities, and develop programs and procedures in preparation 19 for drawing congressional and legislative redistricting plans 20 on the basis of each federal census. Moneys shall be expended 21 for the purchase or lease of equipment and materials only with 22 prior approval of the general assembly. 23 2. By December 31 of each year ending in zero, the 24 legislative services agency shall obtain from the United States 25 government information regarding geographic and political units 26 in the state for which federal census population data has been 27 gathered and will be tabulated. The legislative services 28 agency shall use the data so obtained to: 29 a. Prepare necessary descriptions of geographic and 30 political units for which census data will be reported, 31 and which are suitable for use as components of legislative 32 districts. 33 b. Prepare maps of counties, cities, and other geographic 34 units within the state, which may be used to illustrate the 35 -1- LSB 5589YH (4) 91 th/ns 1/ 12

H.J.R. 2006 locations of legislative district boundaries proposed in plans 1 drawn in accordance with section 4 of this article. 2 3. As soon as possible after January 1 of each year ending 3 in one, the legislative services agency shall obtain from 4 the United States government the population data needed for 5 legislative districting, and shall use that data to assign a 6 population figure based upon certified federal census data to 7 each geographic or political unit. Upon completing that task, 8 the legislative services agency shall begin the preparation of 9 congressional and legislative districting plans. 10 4. Upon each delivery by the legislative services agency 11 to the general assembly of a bill embodying a plan, the 12 legislative services agency shall at the earliest feasible time 13 make available to the public the following information: 14 a. Copies of the bill delivered by the legislative services 15 agency to the general assembly. 16 b. Maps illustrating the plan. 17 c. A summary of the standards prescribed by section 4 of 18 this article for development of the plan. 19 d. A statement of the population of each district included 20 in the plan, and the relative deviation of each district 21 population from the ideal district population. 22 Sec. 3. Timetable. 23 1. a. Not later than April 1 of each year ending in 24 one, the legislative services agency shall deliver to the 25 secretary of the senate and the chief clerk of the house of 26 representatives identical bills embodying a plan of legislative 27 and congressional districting prepared in accordance with 28 section 4 of this article. The general assembly shall bring 29 the bill to a vote in either the senate or the house of 30 representatives expeditiously, but not less than three days 31 after the report of the commission required by section 6 of 32 this article is received and made available to the members of 33 the general assembly, under a procedure or rule permitting no 34 amendments except those of a purely corrective nature. If the 35 -2- LSB 5589YH (4) 91 th/ns 2/ 12

H.J.R. 2006 bill is approved by the first house in which it is considered, 1 it shall expeditiously be brought to a vote in the second house 2 under a similar procedure or rule. If the bill embodying the 3 plan submitted by the legislative services agency fails to be 4 approved by a constitutional majority in either the senate or 5 the house of representatives, the secretary of the senate or 6 the chief clerk of the house, as the case may be, shall at once, 7 but in no event later than seven days after the date the bill 8 failed to be approved, transmit to the legislative services 9 agency information which the senate or house may direct by 10 resolution regarding reasons why the plan was not approved. 11 b. However, if the federal population data for legislative 12 districting and the corresponding topologically integrated 13 geographic encoding and referencing information for that 14 population data are not available to the legislative services 15 agency on or before February 15 of the year ending in one, 16 the dates set forth in paragraph “a” shall be extended by a 17 number of days equal to the number of days after February 15 18 of the year ending in one that the federal census population 19 data and the topologically integrated geographic encoding and 20 referencing information for legislative districting become 21 available. 22 2. If the bill embodying the plan submitted by the 23 legislative services agency under subsection 1 fails to be 24 enacted, the legislative services agency shall prepare a bill 25 embodying a second plan of legislative and congressional 26 districting. The bill shall be prepared in accordance with 27 section 4 of this article, and, insofar as it is possible to do 28 so within the requirements of section 4 of this article, with 29 the reasons cited by the senate or house of representatives by 30 resolution, or the governor by veto message, for the failure 31 to approve the plan. If a second plan is required under this 32 subsection , the bill embodying it shall be delivered to the 33 secretary of the senate and the chief clerk of the house of 34 representatives not later than thirty-five days after the date 35 -3- LSB 5589YH (4) 91 th/ns 3/ 12

H.J.R. 2006 of the vote by which the senate or the house of representatives 1 fails to approve the bill submitted under subsection 1 , or the 2 date the governor vetoes or fails to approve the bill. If 3 it is necessary to submit a bill under this subsection , the 4 bill shall be brought to a vote not less than seven days after 5 the bill is submitted and made available to the members of 6 the general assembly, under a procedure or rule permitting no 7 amendments except those of a purely corrective nature. If the 8 bill is approved by the first house in which it is considered, 9 it shall expeditiously be brought to a vote in the second house 10 under a similar procedure or rule. If the bill embodying the 11 plan submitted by the legislative services agency under this 12 subsection fails to be approved by a constitutional majority 13 in either the senate or the house of representatives, the 14 secretary of the senate or the chief clerk of the house, as the 15 case may be, shall transmit to the legislative services agency 16 in the same manner as described in subsection 1 , information 17 which the senate or house may direct by resolution regarding 18 reasons why the plan was not approved. 19 3. If the bill embodying the plan submitted by the 20 legislative services agency under subsection 2 fails to be 21 enacted, the same procedure as prescribed by subsection 2 22 shall be followed. If a third plan is required under this 23 subsection , the bill embodying it shall be delivered to the 24 secretary of the senate and the chief clerk of the house of 25 representatives not later than thirty-five days after the date 26 of the vote by which the senate or the house of representatives 27 fails to approve the bill submitted under subsection 2 , or 28 the date the governor vetoes or fails to approve the bill. 29 The legislative services agency shall submit a bill under 30 this subsection sufficiently in advance of September 1 of the 31 year ending in one to permit the general assembly to consider 32 the plan prior to that date. If it is necessary to submit a 33 bill under this subsection , the bill shall be brought to a 34 vote within the same time period after its delivery to the 35 -4- LSB 5589YH (4) 91 th/ns 4/ 12

H.J.R. 2006 secretary of the senate and the chief clerk of the house of 1 representatives as is prescribed for the bill submitted under 2 subsection 2 , but shall be subject to amendment in the same 3 manner as other bills. 4 Sec. 4. Standards. 5 1. Legislative and congressional districts shall be 6 established on the basis of population. 7 a. Senatorial and representative districts, respectively, 8 shall each have a population as nearly equal as practicable 9 to the ideal population for such districts, determined by 10 dividing the number of districts to be established into the 11 population of the state reported in the federal decennial 12 census. Senatorial districts and representative districts 13 shall not vary in population from the respective ideal district 14 populations except as necessary to comply with one of the 15 other standards enumerated in this section . In no case shall 16 the quotient, obtained by dividing the total of the absolute 17 values of the deviations of all district populations from the 18 applicable ideal district population by the number of districts 19 established, exceed one percent of the applicable ideal 20 district population. A senatorial district shall not have a 21 population which exceeds that of any other senatorial district 22 by more than five percent, and a representative district 23 shall not have a population which exceeds that of any other 24 representative district by more than five percent. 25 b. Congressional districts shall each have a population as 26 nearly equal as practicable to the ideal district population, 27 derived as prescribed in paragraph “a” . A congressional 28 district shall not have a population which varies by more than 29 one percent from the applicable ideal district population, 30 except as necessary to comply with Article III, section 37. 31 c. If a challenge is filed with the supreme court alleging 32 excessive population variance among districts established in a 33 plan adopted by the general assembly, the general assembly has 34 the burden of justifying any variance in excess of one percent 35 -5- LSB 5589YH (4) 91 th/ns 5/ 12

H.J.R. 2006 between the population of a district and the applicable ideal 1 district population. 2 2. To the extent consistent with subsection 1 , district 3 boundaries shall coincide with the boundaries of political 4 subdivisions of the state. The number of counties and cities 5 divided among more than one district shall be as small as 6 possible. When there is a choice between dividing local 7 political subdivisions, the more populous subdivisions shall be 8 divided before the less populous, but this statement does not 9 apply to a legislative district boundary drawn along a county 10 line which passes through a city that lies in more than one 11 county. 12 3. Districts shall be composed of convenient contiguous 13 territory. Areas which meet only at the points of adjoining 14 corners are not contiguous. 15 4. Districts shall be reasonably compact in form, to the 16 extent consistent with the standards established by subsections 17 1, 2, and 3 . In general, reasonably compact districts are 18 those which are square, rectangular, or hexagonal in shape, 19 and not irregularly shaped, to the extent permitted by natural 20 or political boundaries. If it is necessary to compare the 21 relative compactness of two or more districts, or of two or 22 more alternative districting plans, the tests prescribed by 23 paragraphs “a” and “b” shall be used. 24 a. Length-width compactness. The compactness of a district 25 is greatest when the length of the district and the width 26 of the district are equal. The measure of a district’s 27 compactness is the absolute value of the difference between 28 the length and the width of the district. In general, the 29 length-width compactness of a district is calculated by 30 measuring the distance from the northernmost point or portion 31 of the boundary of a district to the southernmost point or 32 portion of the boundary of the same district and the distance 33 from the westernmost point or portion of the boundary of the 34 district to the easternmost point or portion of the boundary of 35 -6- LSB 5589YH (4) 91 th/ns 6/ 12

H.J.R. 2006 the same district. The absolute values computed for individual 1 districts under this paragraph may be cumulated for all 2 districts in a plan in order to compare the overall compactness 3 of two or more alternative districting plans for the state, or 4 for a portion of the state 5 b. Perimeter compactness. The compactness of a district is 6 greatest when the distance needed to traverse the perimeter 7 boundary of a district is as short as possible. The total 8 perimeter distance computed for individual districts under this 9 paragraph may be cumulated for all districts in a plan in order 10 to compare the overall compactness of two or more alternative 11 districting plans for the state, or for a portion of the state. 12 5. A district shall not be drawn for the purpose of favoring 13 a political party, incumbent legislator or member of Congress, 14 or other person or group, or for the purpose of augmenting or 15 diluting the voting strength of a language or racial minority 16 group. In establishing districts, the following information 17 shall not be used: 18 a. Addresses of incumbent legislators or members of 19 Congress. 20 b. Political affiliations of registered voters. 21 c. Previous election results. 22 d. Demographic information, other than population head 23 counts, except as required by the Constitution and the laws of 24 the United States. 25 6. In order to minimize electoral confusion and to 26 facilitate communication within state legislative districts, 27 each plan drawn under this section shall provide that each 28 representative district is wholly included within a single 29 senatorial district and that, so far as possible, each 30 representative and each senatorial district shall be included 31 within a single congressional district. However, the standards 32 established by subsections 1 through 5 shall take precedence 33 where a conflict arises between these standards and the 34 requirement, so far as possible, of including a senatorial or 35 -7- LSB 5589YH (4) 91 th/ns 7/ 12

H.J.R. 2006 representative district within a single congressional district. 1 7. Each bill embodying a plan drawn under this section 2 shall provide that any vacancy in the general assembly which 3 takes office in the year ending in one, occurring at a time 4 which makes it necessary to fill the vacancy at a special 5 election, shall be filled from the same district which elected 6 the senator or representative whose seat is vacant. 7 8. Each bill embodying a plan drawn under this section shall 8 include provisions for election of senators to the general 9 assemblies which take office in the years ending in three and 10 five, which shall be in conformity with Article III, section 11 6. With respect to any plan drawn for consideration in a year 12 ending in one, those provisions shall be substantially as 13 follows: 14 a. Each senatorial district in the plan which is not a 15 holdover senatorial district shall elect a senator in the year 16 ending in two for a four-year term commencing in January of the 17 year ending in three. If an incumbent senator who was elected 18 to a four-year term which commenced in January of the year 19 ending in one, or was subsequently elected to fill a vacancy 20 in such a term, is residing in a senatorial district in the 21 plan which is not a holdover senatorial district on the first 22 Wednesday in February of the year ending in two, that senator’s 23 term of office shall be terminated on January 1 of the year 24 ending in three. 25 b. Each holdover senatorial district in the plan shall 26 elect a senator in the year ending in four for a four-year term 27 commencing in January of the year ending in five. 28 (1) If one and only one incumbent state senator is residing 29 in a holdover senatorial district in the plan on the first 30 Wednesday in February of the year ending in two, and that 31 senator meets all of the following requirements, the senator 32 shall represent the district in the senate for the general 33 assembly commencing in January of the year ending in three: 34 (a) The senator was elected to a four-year term which 35 -8- LSB 5589YH (4) 91 th/ns 8/ 12

H.J.R. 2006 commenced in January of the year ending in one or was 1 subsequently elected to fill a vacancy in such a term. 2 (b) The senatorial district in the plan which includes 3 the place of residence of the state senator on the date of 4 the senator’s last election to the senate is the same as the 5 holdover senatorial district in which the senator resides on 6 the first Wednesday in February of the year ending in two, or 7 is contiguous to such holdover senatorial district. Areas 8 which meet only at the points of adjoining corners are not 9 contiguous. 10 (2) Each holdover senatorial district to which subparagraph 11 (1) is not applicable shall elect a senator in the year ending 12 in two for a two-year term commencing in January of the year 13 ending in three. However, if more than one incumbent state 14 senator is residing in a holdover senatorial district on the 15 first Wednesday in February of the year ending in two, and, on 16 or before the third Wednesday in February of the year ending in 17 two, all but one of the incumbent senators resigns from office 18 effective no later than January of the year ending in three, 19 the remaining incumbent senator shall represent the district in 20 the senate for the general assembly commencing in January of 21 the year ending in three. A copy of each resignation shall be 22 filed in the office of the state commissioner of elections no 23 later than 5:00 p.m. on the third Wednesday in February of the 24 year ending in two. 25 c. For purposes of this subsection : 26 (1) “Holdover senatorial district” means a senatorial 27 district in the plan which is numbered with an even or odd 28 number in the same manner as senatorial districts, which were 29 required to elect a senator in the year ending in zero, were 30 numbered. 31 (2) “Incumbent state senator” means a state senator who 32 holds the office of state senator on the first Wednesday 33 in February of the year ending in two, and whose declared 34 residence on that day is within the district from which the 35 -9- LSB 5589YH (4) 91 th/ns 9/ 12

H.J.R. 2006 senator was last elected. 1 d. The state commissioner of elections shall prescribe 2 a form to be completed by all senators to declare their 3 residences as of the first Wednesday in February of the 4 year ending in two. The form shall be filed with the state 5 commissioner of elections no later than 5:00 p.m. on the first 6 Wednesday in February of the year ending in two. 7 Sec. 5. Commission. 8 1. Not later than February 15 of each year ending in one, a 9 five member temporary redistricting advisory commission shall 10 be established. The commission’s only functions shall be those 11 prescribed by section 6 of this article. 12 a. Each of the four selecting authorities shall certify to 13 the state commissioner of elections the authority’s appointment 14 of a person to serve on the commission. The certifications 15 may be made at any time after the majority and minority floor 16 leaders have been selected for the general assembly which takes 17 office in the year ending in one, even though that general 18 assembly’s term of office has not actually begun. 19 b. Within thirty days after the four selecting authorities 20 have certified their respective appointments to the commission, 21 but in no event later than February 15 of the year ending in 22 one, the four commission members so appointed shall select, 23 by a vote of at least three members, and certify to the state 24 commissioner of elections the fifth commission member, who 25 shall serve as chairperson. 26 c. A vacancy on the commission shall be filled by the 27 initial selecting authority within fifteen days after the 28 vacancy occurs. 29 d. Members of the commission may be compensated as 30 determined by the general assembly by law. 31 2. A person shall not be appointed to the commission who: 32 a. Is not an eligible elector of the state at the time of 33 selection. 34 b. Holds partisan public office or political party office. 35 -10- LSB 5589YH (4) 91 th/ns 10/ 12

H.J.R. 2006 c. Is a relative of or is employed by a member of the 1 general assembly or of the United States Congress, or is 2 employed directly by the general assembly or by the United 3 States Congress. 4 3. For purposes of this section, “four selecting 5 authorities” means: 6 a. The majority floor leader of the state senate. 7 b. The minority floor leader of the state senate. 8 c. The majority floor leader of the state house of 9 representatives. 10 d. The minority floor leader of the state house of 11 representatives. 12 Sec. 6. Duties of commission. The functions of the 13 commission shall be as follows: 14 1. If, in preparation of plans as required by this article, 15 the legislative services agency is confronted with the 16 necessity to make any decision for which no clearly applicable 17 guideline is provided by section 4 of this article, the 18 legislative services agency may submit a written request for 19 direction to the commission. 20 2. Prior to delivering any plan and the bill embodying that 21 plan to the secretary of the senate and the chief clerk of 22 the house of representatives in accordance with section 3 of 23 this article, the legislative services agency shall provide to 24 persons outside the legislative services agency staff only such 25 information regarding the plan as may be required by policies 26 agreed upon by the commission. This subsection does not apply 27 to population data furnished to the legislative services agency 28 by the United States government. 29 3. Upon the delivery by the legislative services agency to 30 the general assembly of a bill embodying an initial plan, the 31 commission shall: 32 a. As expeditiously as reasonably possible, schedule and 33 conduct at least three public hearings, in different geographic 34 regions of the state, on the plan embodied in the bill 35 -11- LSB 5589YH (4) 91 th/ns 11/ 12

H.J.R. 2006 delivered by the legislative services agency to the general 1 assembly. 2 b. Following the hearings, promptly prepare and submit to 3 the secretary of the senate and the chief clerk of the house a 4 report summarizing information and testimony received by the 5 commission in the course of the hearings. The commission’s 6 report shall include any comments and conclusions which its 7 members deem appropriate on the information and testimony 8 received at the hearings, or otherwise presented to the 9 commission. The report shall be submitted no later than 10 fourteen days after the date the bill embodying an initial plan 11 of congressional and legislative redistricting is delivered to 12 the general assembly. 13 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 14 amendment to the Constitution of the State of Iowa is referred 15 to the general assembly to be chosen at the next general 16 election for members of the general assembly, and shall be 17 published as provided by law for three months previous to the 18 date of that election. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This resolution proposes an amendment to the Constitution of 23 the State of Iowa that adopts Code chapter 42 (redistricting 24 general assembly and congressional districts) as a new article 25 under the constitution. 26 The resolution, if adopted, would be published and then 27 referred to the next general assembly (92nd) for adoption, 28 before being submitted to the electorate for ratification. 29 -12- LSB 5589YH (4) 91 th/ns 12/ 12