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Appendix G
State Districting Principles
Reapportionment Committee Guidelines for Legislative and Congressional
Redistricting
a. As a general proposition, deviations from the “ideal district” population should be justifiable either as a result of the limitations of census geography, or as a result of the promotion of a rational state policy.
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1. Redistricting plans must meet the provisions of the Voting Rights Act and shall be constructed so as not to impede the opportunities of blacks and other racial and ethnic groups protected by the Act to participate in the political process and elect
2. Proposed redistricting plans must not employ standards, practices, or procedures which have the purpose of, or result in, the denial or abridgment of the right to vote on account of race or color or because a person is a member of a language minority group.
3. Redistricting plans are subject to the preclearance process established in Section 5 of the Voting Rights Act.
IV. Criteria For Legislative And Congressional Districts
1. A redistricting plan will not have either the purpose or the effect of diluting minority voting strength, and shall otherwise comply with Sections 2 and 5 of the Voting Rights Act and the fourteenth and fifteenth amendments to the Constitution.
2. All legislative and congressional districts will be composed of contiguous and reasonably compact geography.
3. Where possible, legislative and congressional districts should attempt to preserve communities of interest, including without limitation municipalities and concentrations of blacks and other ethnic minorities, where such efforts do not violate the other stated criteria.
4. Counties should be used as district building blocks where possible, and to the extent consistent with other aspects of these criteria.
a. Where county lines cannot be maintained, district boundaries should follow as closely as practicable the local voting precinct boundary lines in order to minimize voter confusion and cost of election administration.
b. Where voting precinct boundary lines cannot be followed and also meet the geographic guidelines as stated in this section, district lines must follow census block geography in order to maintain the integrity of the statistical analysis.
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6. Efforts will be made to preserve cores of existing districts where such efforts are consistent with and do not violate the other criteria stated herein.
Constitution, Article VI
Section 6. Redistricting. * * * Each new district so created shall be formed of contiguous and compact territory containing as nearly as practicable a relatively integrated socioeconomic area. Each shall contain a population at least equal to the quotient obtained by dividing the total civilian population by forty. Consideration may be given to local government boundaries. Drainage and other geographic features shall be used in describing boundaries wherever possible.
General Guidelines for Creating a Redistricting Plan, adopted by the Joint
Select Committee on Reapportionment and Redistricting, July 2, 1991
a. The state legislative districts should be substantially equal in population.
b. Each congressional district must be as nearly equal in population as practicable. Any deviation must be justified by its necessity to meet a rational state policy.
c. Redistricting plans should not have either the purpose or the effect of diluting racial minority voting strength and shall comply with the Voting Rights Act of 1965, as amended, and the 14th and 15th Amendments to the United States Constitution.
d. All legislative and congressional districts should be reasonably compact.
e. All legislative and congressional districts should be composed of contiguous geography.
House Concurrent Resolution No. 1006, 1991 Session
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3. The committees acknowledge a preference for continuity of representation. Counties, cities, and established geographical boundaries should be maintained, if possible
4. The dilution of voting strength and participation by recognized minorities within the state population is contrary to the Voting Rights Act of 1965, the U.S. Constitution, and the public policy of Arkansas. The right of meaningful political participation of all citizens is desired and recognized. Therefore, any plan or proposed amendment to a plan having the objective of diluting the voting strength of minority citizens shall be unacceptable.
Constitution, Article 21
Section 1. * * *
(a) Each member of the Senate, Assembly, Congress, and the Board of Equalization shall be elected from a single-member district.
(b) The population of all districts of a particular type shall be reasonably equal.
(c) Every district shall be contiguous.
(d) Districts of each type shall be numbered consecutively commencing at the northern boundary of the State and ending at the southern boundary.
(e) The geographical integrity of any city, county, or city and county, or of any geographical region shall be respected to the extent possible without violating the requirements of any other subdivision of this section.
Constitution, Article V, Section 47
Section 47. Composition of districts. (1) Each district shall be as compact in area as possible and the aggregate linear distance of all district boundaries shall be as short as possible. Each district shall consist of contiguous whole general election precincts. Districts of the same house shall not overlap.
(2) Except when necessary to meet the equal population requirements of section 46, no part of one county shall be added to all or part of another county in forming districts. Within counties whose territory is contained in more than one district of the same house, the number of cities and towns whose territory is contained in more than one district of the same house shall be as small as possible. When county, city, or town boundaries are changed, adjustments, if any, in legislative districts shall be as prescribed by law.
(3) Consistent with the provisions of this section and section 46 of this article, communities of interest, including ethnic, cultural, economic, trade area, geographic, and demographic factors, shall be preserved within a single district wherever possible.
Colorado Reapportionment Commission, Final Report, April 1992.
The plans must not deny to members of a racial, color, or language minority an equal opportunity to participate in the political process and to elect representatives of their choice. Federal Voting Rights Act, 42 U.S.C. sec. 1973 (b).
Of secondary importance are the preservation of county boundaries, the preservation of municipal lines, and the formation of compact districts. State Constitution, Article V, Section 47 (1) and (2).
The third level of importance is the preservation of communities of interest. State Constitution, Article V, Section 47 (3).
The last and unofficial level which the Commission considered was the preservation of politically competitive districts.
Constitution, Article III, Section 3, as amended by Article II, Sec. 1, and Article
XV, Sec. 1, of the Amendments to the Constitution of the State of Connecticut
Senate, number, qualifications.
Sec. 3. * * * Each senatorial district shall be contiguous as to territory … .
Constitution, Article III, Section 4, as amended by Article II, Sec. 2, and Article
XV, Sec. 2, of the Amendments to the Constitution of the State of Connecticut
House of representatives, how constituted.
Sec. 4. * * * Each assembly district shall be contiguous as to territory … . For the purpose of forming assembly districts no town shall be divided except for the purpose of forming assembly districts wholly within the town.
Constitution, Article III, Section 5, as amended by Article XVI, Sec. 1, of the
Amendments to the Constitution of the State of Connecticut
Congressional and general assembly districts to be consistent with federal standards.
Sec. 5. The establishment of congressional districts and of districts in the general assembly shall be consistent with federal constitutional standards.
29 Delaware Code, Section 804
Sec. 804. Determining district boundaries; criteria.
In determining the boundaries of the several representative and senatorial districts within the State, the General Assembly shall use the following criteria. Each district shall, insofar as is possible:
(1) Be formed of contiguous territory;
(2) Be nearly equal in population;
(3) Be bounded by major roads, streams or other natural boundaries;
(4) Not be created so as to unduly favor any person or political party.
Constitution, Article III, Section 16
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. * * *
Constitution, Article III, Section II, Paragraph 2
Paragraph II. Apportionment of General Assembly.
The General Assembly shall apportion the Senate and House districts. Such districts shall be composed of contiguous territory. * * *
Guidelines adopted by the House Committee on Congressional and Legislative Reapportionment and Redistricting, 1991-92
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3. A redistricting plan should not have either the purpose or the effect of diluting minority voting strength and should otherwise comply with Sections 2 and 5 of the Voting Rights Act.
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5. Districts should be composed of contiguous territory. Areas which meet at the points of adjoining corners are not contiguous.
6. Where the above stated criteria are met, efforts may be made to maintain the integrity of political subdivisions and the cores of existing districts and consideration may be given to avoiding contests between incumbents.
7. Local voting district boundary lines should serve as the basic district building blocks in order to minimize voter confusion and the cost of election administration.
Constitution, Article IV, Section 6
Apportionment Within Basic Island Units
Section 6. * * *
1. No district shall extend beyond the boundaries of any basic island unit.
2. No district shall be so drawn as to unduly favor a person or political faction.
3. Except in the case of districts encompassing more than one island, districts shall be contiguous.
4. Insofar as practicable, districts shall be compact.
5. Where possible, district lines shall follow permanent and easily recognized features, such as streets, streams and clear geographical features, and, when practicable, shall coincide with census tract boundaries.
6. Where practicable, representative districts shall be wholly included within senatorial districts.
7. Not more than four members shall be elected from any district.
8. Where practicable, submergence of an area in a larger district wherein substantially different socio-economic interests predominate shall be avoided.
Constitution, Article III, Section 5
Section 5. Senatorial and Representative Districts. A senatorial or representative district, when more than one county shall constitute the same, shall be composed of contiguous counties, and a county may be divided in creating districts only to the extent it is reasonably determined by statute that counties must be divided to create senatorial and representative districts which comply with the constitution of the United States. A county may be divided into more than one legislative district when districts are wholly contained within a single county. No floterial district shall be created. Multi-member districts may be created in any district composed of more than one county only to the extent that two representatives may be elected from a district from which one senator is elected. The provisions of this section shall apply to any apportionment adopted following the 1990 decennial census.
Idaho Code, Section 72-1506
72-1506. Criteria governing plans. Congressional and legislative redistricting plans considered by the commission, and plans adopted by the commission, shall be governed by the following criteria:
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(1) To the maximum extent possible, districts shall preserve traditional neighborhoods and local communities of interest.
(2) Districts shall be substantially equal in population and should seek to comply with all applicable federal standards and statutes.
(3) To the maximum extent possible, the plan should avoid drawing districts that are oddly shaped.
(4) Division of counties should be avoided whenever possible. Counties should be divided into districts not wholly contained within that county only to the extent reasonably necessary to meet the requirements of the equal population principle. In the event that a county must be divided, the number of such divisions, per county, should be kept to a minimum.
(5) To the extent that counties must be divided to create districts, such districts shall be composed of contiguous counties.
(6) District boundaries should retain, as far as practicable, the local voting precinct boundary lines to the extent those lines comply with the provisions of section 34-306, Idaho Code.
(7) Counties shall not be divided to protect a particular political party or a particular incumbent.
Instructions and Criteria for Redistricting Plans, draft March 19, 1991
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3. Voting Rights Act
The plan must not dilute the votes of compact racial and language minorities.
4. Gerrymandering
The plan must not be constructed to protect a particular political party or a particular incumbent legislator. To the maximum extent possible the plan should avoid drawing districts that are oddly shaped or that spilt traditional neighborhoods or communities of interest.
5. Criteria for Legislative Districts
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6. Division of counties should be avoided whenever possible, Counties should only be divided into districts no wholly contained within that county to meet the requirements of the equal population principle or the Voting Rights Act. Sometimes, it will be necessary to divide a county into districts not wholly contained within that county. The number of such divisions, per county, should be kept to a minimum.
7. To the extent that counties must be divided to create districts, such districts shall be composed of contiguous counties.
8. Where a county is divided, district boundaries should retain as far as practicable the local voting precinct boundary lines to the extent those lines comply with Idaho Code subsection 34-306.
9. Counties should not be divided to protect a party or an incumbent..
10. Where possible, legislative districts should attempt to preserve communities of interest.
Constitution, Article 4, Section 3(a)
(a) Legislative Districts shall be compact, contiguous and substantially equal in population. Representative Districts shall be compact, contiguous, and substantially equal in population.
Constitution, Article 4, Section 5
Section 5. Legislative apportionment
The General Assembly elected during the year in which a federal decennial census is taken shall fix by law the number of Senators and Representatives and apportion them among districts according to the number of inhabitants in each district, as revealed by that federal decennial census. The territory in each district shall be contiguous.
Constitution, Article III
Sec. 34. Senate and house of representatives--limitation. * * * Each district so established shall be of compact and contiguous territory. * * *
Sec. 37. Congressional districts. When a congressional district is composed of two or more counties it shall not be entirely separated by a county belonging to another district and no county shall be divided in forming a congressional district.
Iowa Code, 1997 Supplement, Chapter 42, Section 4
42.4 Redistricting standards.
1. Legislative and congressional districts shall be established on the basis of population.
a. Senatorial and representative districts, respectively, shall each have a population as nearly equal as practicable to the ideal population for such districts, determined by dividing the number of districts to be established into the population of the state reported in the federal decennial census. Senatorial districts and representative districts shall not vary in population from the respective ideal district populations except as necessary to comply with one of the other standards enumerated in this section. In no case shall the quotient, obtained by dividing the total of the absolute values of the deviations of all district populations from the applicable ideal district population by the number of districts established, exceed one percent of the applicable ideal district population. No senatorial district shall have a population which exceeds that of any other senatorial district by more than five percent, and no representative district shall have a population which exceeds that of any other representative district by more than five percent.
b. Congressional districts shall each have a population as nearly equal as practicable to the ideal district population, derived as prescribed in paragraph “a” of this subsection. No congressional district shall have a population which varies by more than one percent from the applicable ideal district population, except as necessary to comply with article III, section 37 of the Constitution of the State of Iowa.
c. If a challenge is filed with the supreme court alleging excessive population variance among districts established in a plan adopted by the general assembly, the general assembly has the burden of justifying any variance in excess of one percent between the population of a district and the applicable ideal district population.
2. To the extent consistent with subsection 1, district boundaries shall coincide with the boundaries of political subdivisions of the state. The number of counties and cities divided among more than one district shall be as small as possible. When there is a choice between dividing local political subdivisions, the more populous subdivisions shall be divided before the less populous, but this statement does not apply to a legislative district boundary drawn along a county line which passes through a city that lies in more than one county.
3. Districts shall be composed of convenient contiguous territory. Areas which meet only at the points of adjoining corners are not contiguous.
4. It is preferable that districts be compact in form, but the standards established by subsections 1, 2 and 3 take precedence over compactness where a conflict arises between compactness and these standards. In general, compact districts are those which are square, rectangular or hexagonal in shape to the extent permitted by natural or political boundaries. When it is necessary to compare the relative compactness of two or more districts, or of two or more alternative districting plans, the tests prescribed by paragraphs “b” and “c” of this subsection shall be used. Should the results of these two tests be contradictory, the standard referred to in paragraph “b” of this subsection shall be given greater weight than the standard referred to in paragraph “c” of this subsection.
a. As used in this subsection:
(1) “Population data unit” means a civil township, election precinct, census enumeration district, census city block group, or other unit of territory having clearly identified geographic boundaries and for which a total population figure is included in or can be derived directly from certified federal census data.
(2) The “geographic unit center” of a population data unit is that point approximately equidistant from the northern and southern extremities, and also approximately equidistant from the eastern and western extremities, of a population data unit. This point shall be determined by visual observation of a map of the population data unit, unless it is otherwise determined within the context of an appropriate coordinate system developed by the federal government or another qualified and objective source and obtained for use in this state with prior approval of the legislative council.
(3) The “x” co-ordinate of a point in this state refers to the relative location of that point along the east-west axis of the state. Unless otherwise measured within the context of an appropriate co-ordinate system obtained for use as permitted by subparagraph 2 of this paragraph, the “x” co-ordinate shall be measured along a line drawn due east from a due north and south line running through the point which is the northwestern extremity of the state of Iowa, to the point to be located.
(4) The “y” co-ordinate of a point in this state refers to the relative location of that point along the north-south axis of the state. Unless otherwise measured within the context of an appropriate co-ordinate system obtained for use as permitted by subparagraph (2) of this paragraph, the “y” co-ordinate shall be measured along a line drawn due south from the northern boundary of the state or the eastward extension of that boundary, to the point to be located.
b. The compactness of a district is greatest when the length of the district and the width of the district are equal. The measure of a district's compactness is the absolute value of the difference between the length and the width of the district.
(1) In measuring the length and the width of a district by means of electronic data processing, the difference between the “x” co-ordinates of the easternmost and the westernmost geographic unit centers included in the district shall be compared to the difference between the “y” co-ordinates of the northernmost and southernmost geographic unit centers included in the district.
(2) To determine the length and width of a district by manual measurement, the distance from the northernmost point or portion of the boundary of a district to the southernmost point or portion of the boundary of the same district and the distance from the westernmost point or portion of the boundary of the district to the easternmost point or portion of the boundary of the same district shall each be measured. If the northernmost or southernmost portion of the boundary, or each of these points, is a part of the boundary running due east and west, the line used to make the measurement required by this paragraph shall either be drawn due north and south or as nearly so as the configuration of the district permits. If the easternmost or westernmost portion of the boundary, or each of these points, is a part of the boundary running due north and south, a similar procedure shall be followed. The lines to be measured for the purpose of this paragraph shall each be drawn as required by this paragraph, even if some part of either or both lines lies outside the boundaries of the district which is being tested for compactness.
(3) The absolute values computed for individual districts under this paragraph may be cumulated for all districts in a plan in order to compare the overall compactness of two or more alternative districting plans for the state, or for a portion of the state. However, it is not valid to cumulate or compare absolute values computed under subparagraph (1) with those computed under subparagraph (2) of this paragraph.
c. The compactness of a district is greatest when the ratio of the dispersion of population about the population center of the district to the dispersion of population about the geographic center of the district is one to one, the nature of this ratio being such that it is always greater than zero and can never be greater than one to one.
(1) The population dispersion about the population center of a district, and about the geographic center of a district, is computed as the sum of the products of the population of each population data unit included in the district multiplied by the square of the distance from that geographic unit center to the population center or the geographic center of the district, as the case may be. The geographic center of the district is defined by averaging the locations of all geographic unit centers which are included in the district. The population center of the district is defined by computing the population-weighted average of the “x” co-ordinates and “y” co-ordinates of each geographic unit center assigned to the district, it being assumed for the purpose of this calculation that each population data unit possesses uniform density of population.
(2) The ratios computed for individual districts under this paragraph may be averaged for all districts in a plan in order to compare the overall compactness of two or more alternative districting plans for the state, or for a portion of the state.
5. No district shall be drawn for the purpose of favoring a political party, incumbent legislator or member of Congress, or other person or group, or for the purpose of augmenting or diluting the voting strength of a language or racial minority group. In establishing districts, no use shall be made of any of the following data:
a. Addresses of incumbent legislators or members of Congress.
b. Political affiliations of registered voters.
c. Previous election results.
d. Demographic information, other than population head counts, except as required by the Constitution and the laws of the United States.
6. In order to minimize electoral confusion and to facilitate communication within state legislative districts, each plan drawn under this section shall provide that each representative district is wholly included within a single senatorial district and that, so far as possible, each representative and each senatorial district shall be included within a single congressional district. However, the standards established by subsections 1 through 5 shall take precedence where a conflict arises between these standards and the requirement, so far as possible, of including a senatorial or representative district within a single congressional district.
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8. * * *
Guidelines and Criteria for 1992 Legislative Redistricting, adopted by the Joint Standing Committees on Apportionment, August 9, 1991
1. Districts should be numerically as equal in population as practicable. Deviations should not exceed plus or minus 5 percent of the ideal population of 19,563 for each House district and 61,135 for each Senate district, except in unusual circumstances. (The range of deviation for House districts could be plus or minus 978 persons, for districts that could range in population from 18,585 to 20,541. The overall deviation for House districts could be 1,956 persons. The range of deviation for Senate districts could be plus or minus 3,056 persons, for districts that could range in population from 58,079 to 64,192. The overall deviation for Senate districts could be 6,112 persons.)
2. The “building blocks” to be used for drawing district boundaries shall be precincts (VTDs) as described on official 1990 U.S. Census maps.
3. Districts should be as compact as possible and contiguous.
4. The integrity and priority of existing political subdivisions should be preserved as far as practicable.
5. There should be recognition of similarities of interest. Social, cultural, racial, ethnic, and economic interests common to the population of the area, which are probably subjects of legislative action (generally termed “communities of interest”) should be considered.
6. Redistricting plans will have neither the purpose nor the effect of diluting minority voting strength.
7. Districts should not be drawn to protect or defeat an incumbent.
8. The basis for legislative redistricting is the 1990 U.S. Decennial Census as adjusted by the Kansas Secretary of State pursuant to Article 10, Section 1 of the Constitution of the State of Kansas and K.S.A. 11-301 et seq.
9. Districts should be easily identifiable and understandable by voters.
1992 Congressional Redistricting Guidelines, adopted by the Joint Standing Committees on Apportionment, August 9, 1991
1. Districts are to be as nearly equal in population as practicable without the division of any county into two or more districts. It is to be the policy to preserve county boundaries. County lines are meaningful in Kansas and Kansas counties have historically been significant political units. Many officials are elected on a county-wide basis, and political parties have been organized in county units. Election of the Kansas members of Congress is a political process requiring political organizations which in Kansas are developed in county units. To a considerable degree most counties in Kansas are economic, social, cultural, racial and ethnic units, or parts of a larger socio-economic unit. These interests common to the population of the area, generally termed “community of interests” should be considered without breaking county lines.
2. Districts should be as compact as possible and contiguous. If possible, preserving the core of the existing districts should be undertaken when considering the “community of interests” in establishing districts.
3. The basis for redistricting the members of Congress is the 1990 United States Decennial Census as published by the U.S. Department of Commerce, Bureau of the Census. The “building blocks” to be used for drawing district boundaries shall be the counties as their population is reported in the 1990 U.S. Decennial Census.
4. Districts should attempt to recognize “community of interests” when that can be done in compliance with the above guidelines.
Criteria/Standards for Congressional Redistricting, adopted by Interim Joint Committee on State Government's Redistricting Subcommittee, July 11, 1991
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2. All congressional districts will be composed of contiguous geography.
3. Kentucky is covered by the provisions of Section 2 of the federal Voting Rights Act. All congressional district plans will meet the applicable provisions.
4. Where possible, congressional districts should attempt to preserve communities of interest where such efforts do not violate the other stated criteria.
5. Counties should be used as district building blocks where possible, and to the extent consistent with other aspects of these criteria, recognizing that some counties will of necessity be split in order to achieve stated equality of population goals.
a. Where county lines cannot be maintained, district boundaries should follow as closely as practicable the local voting precinct boundary lines in order to minimize voter confusion and cost of election administration.
b. Where voting precinct boundary lines cannot be followed and also meet the population criteria as stated in these guidelines, district lines must follow census block geography in order to maintain the integrity of the statistical analysis. If a proposed congressional district line follows a precinct line that splits a census block, the district line should be moved to the boundary of the split census block.
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8. Efforts will be made to preserve cores of existing districts where such efforts are consistent with and do not violate the other criteria stated herein, with the realization that Kentucky will lose one congressional district.
Louisiana House of Representatives Committee on House and Governmental Affairs, Rules for Legislative Reapportionment, adopted November 1, 1990
Deviation from the “ideal district population” should be justifiable either as a result of limitations of census geography or as a result of the promotion of a rational state policy, including, but not limited to, respect for the traditional political geography and natural geography of the state and the development of compact and contiguous districts.
Constitution, Article IV, Part First, Section 2
Section 2. Number of Representatives; biennial terms; division of the State into districts for House of Representatives. * * * Each Representative District shall be formed of contiguous and compact territory and shall cross political subdivision lines the least number of times necessary to establish as nearly as practicable equally populated districts. Whenever the population of a municipality entitles it to more than one district, all whole districts shall be drawn within municipal boundaries. Any population remainder within the municipality shall be included in a district with contiguous territory and shall be kept intact.
Constitution, Article III, Section 4
3.4 Requirements for districts. Each legislative district shall consist of adjoining territory, be compact in form, and of substantially equal population. Due regard shall be given to natural boundaries and the boundaries of political subdivisions.
Governor’s Redistricting Advisory Committee, Legal Standards for Plan Development, adopted June 11, 1991
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Congressional and Legislative district plans may not dilute minority voting strengths and shall comply with the 1965 Voting Rights Act, as amended. No plan shall be acceptable if it affords members of a racial or language minority group “less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choices.”
1. Districts should not be created which would either unduly “pack” a super-majority of a racial or language minority group into a district, or “fracture” such a group into more than one district so as to dilute their ability to elect their chosen representatives.
2. “Multi-member districts are clearly allowable, but they must not be created so as to allow a racial or language majority group, voting as a bloc, to defeat candidates supported by a politically cohesive, geographically insular minority group, which could constitute a majority in a single-member district.”
C. Contiguity
The territory of each legislative district should be contiguous. Although not legally or constitutionally required, Congressional districts, to the extent possible, should be contiguous including contiguity by water.
D. Compactness
To the extent permitted by other controlling considerations and by the geographical configuration of the State, the subdivisions, and election precincts, each legislative district should be compact in form. Although not legally or constitutionally required, Congressional districts, to the extent possible, should be compact. To the extent possible, recognition may also be given to prior legislative boundaries.
E. Political Subdivisions
Due regard should be given to the boundaries of political subdivisions, and, where possible, the splitting of municipalities should be avoided.
F. Natural Boundaries
Due regard should be given to natural boundaries. Among the foregoing legal constraints, it is clear that requirements regarding equal population (A) and minority access (B) hold the highest priority. Constraints regarding contiguity, compactness and natural and subdivision boundaries then follow. In addition to the foregoing legal constraints, the following additional guidelines should be considered.
G. Precinct Lines
To the extent possible, the plan, as adopted, should follow established precinct lines as shown on the 1990 census maps and in the census redistricting population counts.
The plan should be cognizant of and consideration given to preserving identifiable communities of interest.
I. Cognizance of Existing Lines
It is permissible for the plan to consider existing districts and incumbents.
J. Subdistricting
Subdistricting, with respect to legislative districts, may be permitted to protect county integrity and to comply with the Voting Rights Act, and each county and the City of Baltimore shall be assured at least one Delegate to the extent possible.
It is recognized that the application of the legal constraints may foreclose a uniform application of guidelines G through J, and that the application of one or more of these guidelines may be precluded, in given situations, by the application of other guidelines. However, the total set of guidelines A through J should be adopted, subject to these limitations.
Massachusetts
Constitution, Article CI, as amended by Article CIX
Section 1. * * * The General Court shall * * * divide the Commonwealth into one hundred and sixty representative districts of contiguous territory so that each representative will represent an equal number of inhabitants, as nearly as may be; and such districts shall be formed, as nearly as may be, without uniting two counties or parts of two or more counties, two towns or parts of two or more towns, two cities or parts of two or more cities, or a city and a town, or parts of cities and towns, into one district. Such districts shall also be so formed that no town containing less than twenty-five hundred inhabitants according to said census shall be divided.
Section 2. * * * The General Court shall * * * divide the Commonwealth into forty districts of contiguous territory, each district to contain, as nearly as may be, an equal number of inhabitants according to said census; and such districts shall be formed, as nearly as may be, without uniting two counties, or parts of two or more counties, into one district.
Constitution, Article IV, Section 2
Sec. 2. * * * Each such district shall follow incorporated city or township boundary lines to the extent possible and shall be compact, contiguous, and as nearly uniform in shape as possible.
Constitution, Article IV, Section 3
Sec. 3. * * * Senators shall be chosen by single districts of convenient contiguous territory. No representative district shall be divided in the formation of a senate district. The senate districts shall be numbered in a regular series.
Minnesota Statutes, Section 2.91, Subdivision 2
2.91 Redistricting plans.
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Subd. 2. Corrections. The legislature intends that a redistricting plan encompass all the territory of this state, that no territory be omitted or duplicated, that all districts consist of convenient contiguous territory substantially equal in population, and that political subdivisions not be divided more than necessary to meet constitutional requirements. * * *
House Concurrent Resolution No. 1, establishing standards for congressional redistricting plans, adopted May 13, 1991
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A plan presented to the Senate or House of Representatives for redistricting seats in the United States House of Representatives must adhere to the following standards:
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(3) The districts must be composed of convenient contiguous territory. To the extent consistent with the other standards in this resolution, districts should be compact. Contiguity by water is sufficient if the water is not a serious obstacle to travel within the district.
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(5) The districts must not dilute the voting strength of racial or language minority populations. Where a concentration of a racial or language minority population makes it possible, the districts must increase the probability that members of the minority will be elected.
(6) A county, city, or town must not be divided into more than one district except as necessary to meet equal-population requirements or to form districts that are composed of convenient contiguous territory.
(7) The districts should attempt to preserve communities of interest where that can be done in compliance with the preceding standards.
(8) The geographic areas and population counts used in maps, tables, and legal descriptions of the districts must be those used by the Legislative Coordinating Commission's Subcommittee on Redistricting.
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House Concurrent Resolution No. 2, establishing standards for legislative redistricting plans, adopted May 13, 1991
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A plan presented to the Senate or House of Representatives for redistricting seats in the Senate and House of Representatives must adhere to the following standards:
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(3) A representative district may not be divided in the formation of a senate district.
(4) The districts must be substantially equal in population. The population of a district must not deviate from the ideal by more than two percent, plus or minus.
(5) The districts must be composed of convenient contiguous territory. To the extent consistent with the other standards in this resolution, districts should be compact. Contiguity by water is sufficient if the water is not a serious obstacle to travel within the district.
(6) The districts must be numbered in a regular series, beginning with House district 1A in the northwest corner of the state and proceeding across the state from west to east, north to south, but bypassing the seven-county metropolitan area until the southeast corner has been reached; then to the seven-county metropolitan area outside the cities of Minneapolis and St. Paul; then in Minneapolis and St. Paul.
(7) The districts must not dilute the voting strength of racial or language minority populations. Where a concentration of a racial or language minority makes it possible, the districts must increase the probability that members of the minority will be elected.
(8) A county, city, or town should not be divided into more than one district except as necessary to meet equal-population requirements or to form districts that are composed of convenient contiguous territory.
(9) The districts should attempt to preserve communities of interest where that can be done in compliance with the preceding standards.
(10) The geographic areas and population counts used in maps, tables, and legal descriptions of the districts must be those used by the Legislative Coordinating Commission's Subcommittee on Redistricting.
* * *
Mississippi Code of 1972
Sec. 5-3-101. Guidelines and standards for apportionment.
In accomplishing the apportionment, the committee shall follow such constitutional standards as may apply at the time of the apportionment and shall observe the following guidelines unless such guidelines are inconsistent with constitutional standards at the time of the apportionment, in which event the constitutional standards shall control:
(a) Every district shall be compact and composed of contiguous territory and the boundary shall cross governmental or political boundaries the least number of times possible; and
(b) Districts shall be structured, as far as possible and within constitutional standards, along county lines; if county lines are fractured, then election district lines shall be followed as nearly as possible.
Criteria for Congressional Redistricting, adopted by the Standing Joint Congressional Redistricting Committee, July 15, 1991
* * *
2. The redistricting plan should not dilute minority voting strength.
3. The redistricting plan should avoid a political gerrymander.
4. Districts must be composed of contiguous territory.
5. Districts should be compact.
6. Districts should cross county lines the least number of times possible, and if county lines are crossed, election precinct lines should be followed if possible.
Constitution, Article 3
Election of representatives--apportionment commission, appointment, duties, compensation. Section 2. * * * Each district shall be composed of contiguous territory as compact as may be. * * *
Congressional apportionment. Section 45. * * * [T]he general assembly shall by law divide the state into districts * * * composed of contiguous territory as compact and as nearly equal in population as may be.
Redistricting Standards and Guidelines adopted by the House Committee on Redistricting, 1991
Districts will be:
(1) composed of contiguous territory
(2) be compact
* * *
(4) not dilute the voting strength of racial or language minority populations
(5) not degrade a voter's or a group of voters influence on the political process as a whole.
Other guidelines:
(1) does not divide counties, except in large metropolitan areas
(2) does not divide cities, except in large metropolitan areas and except when cities are in more than one county
(3) Preserves long-standing communities of interest based on social, cultural, ethnic, and economic similarities
(4) preserves the geographic cores of existing districts
Constitution, Article V, Section 14
Section 14. Districting and apportionment. (1) * * * Each district shall consist of compact and contiguous territory. All districts shall be as nearly equal in population as is practicable.
Montana Districting and Apportionment Commission, 1992 report
I. Mandatory Guidelines And Criteria
1. Compactness and contiguity. Each legislative district must consist of compact and contiguous territory. (Article V, section 14, Montana Constitution)
2. Protection of minority rights. The redistricting plan may not dilute the voting strength of racial or language minorities and must comply with section 2 of the federal Voting Rights Act. A district plan or proposal for a plan is not acceptable if it affords members of a racial or language minority group less opportunity than other members of the electorate “to participate in the political process and to elect representatives of their choice”.
II. Other Criteria And Policy Considerations
The Commission also adopted the following discretionary nonprioritized guidelines:
1. Local government boundaries. Consideration will be given to the boundary lines of existing local government units, including counties, cities, towns, and Indian reservations. The division of local government units into legislative districts should be avoided except as necessary to meet equal population requirements or to comply with the Voting Rights Act.
2. Precincts. District lines should follow voting precinct lines to the extent practical in order to minimize voter confusion and the cost of election administration.
3. School districts. School district lines should be considered whenever practical.
4. Communities of interest. When possible, communities of interest should be preserved. Communities of interest include trade areas; areas linked by common communication and transportation systems; and areas that have similarities of interests, such as social, cultural, and economic interests common to the population of the area.
5. Geographical boundaries. Geographical boundaries will be respected to the extent possible.
6. Whenever practical, consideration will be given to existing legislative district lines.
7. Districts may not be drawn for the purpose of favoring a political party or to protect or defeat an incumbent legislator.
Constitution, Article III, Section 5
Sec. 5. * * * [A]ny county that contains population sufficient to entitle it to two or more members of the Legislature shall be divided into separate and distinct legislative districts, as nearly equal in population as may be and composed of contiguous and compact territory.
Procedural Guidelines adopted by the Government, Military, and Veteran's Affairs Committee for the 1991 and 1992 redistricting sessions
1. District boundary lines shall follow county lines whenever practicable.
2. Districts should be compact and contiguous.
3. Insofar as possible, district boundary lines shall define districts that are easily identifiable and understandable to voters that reflect unity of character or socio-economic interest.
4. District boundaries shall not be established with the intention of protecting of defeating any incumbent, or with the intention of discriminating against any political party that is legally recognized by the State of Nebraska and qualified to nominate candidates for public office at the time of redistricting plan in question is adopted by the Legislature.
5. Any proposed redistricting plan that has as a consequence the dilution of the voting impact of any minority population shall not be considered.
6. The goal of equality of population from district to district shall guide the Legislature in establishing legislative district boundaries, although minor deviations are permitted. No plan shall be considered which results in an overall range in deviation in excess of 4%, or a relative deviation in excess of +/-2% from the ideal district population.
7. Any deviation in excess of the above must be justifiable as necessary for the realization of a rational state policy.
Proposed Rules for Redistricting by the Nevada Legislature
I. Equality of Representation
1. Equality of population of state legislative districts with only minor deviations is the goal of legislative redistricting.
a. Deviations from the “ideal district” population should be justifiable either as a result of the limitations of census geography, or as a result of the promotion of a rational state policy including, but not limited to, respect for the traditional political geography and natural geography of the state, protection of a recognized community of interest, and the development of reasonably compact and contiguous districts.
b. In order to meet constitutional guidelines for legislative districts, no plan, or proposed amendment thereto, will be considered which results in an overall range of deviation in excess of ten percent (10%), or a relative deviation in excess of + five percent (5%) from the ideal district population.
2. Equality of population of congressional districts insofar as is practicable is the goal of congressional redistricting.
a. Any population deviation among the congressional districts from the “ideal districts” populations must be necessary to achieve some legitimate state objective (for example, making districts compact. Respecting political boundaries and so forth).
b. In order to meet constitutional guidelines for congressional districts, no plan, or propose amendment thereto, will be considered which results in an overall range of deviation in excess of one percent (1%), or a relative deviation in excess of + one-half percent (0.5%) from the ideal district population.
* * *
III. Districts
Each state senate district must be coterminus with adjoining assembly districts and have its borders set out by reference to those assembly districts.
All districts boundaries created by a redistricting plan must follow the census geography.
IV. Protection of Minority Voting Strength and Minority Participation
1. The dilution of minority voting strength is contrary to public policy. The right of meaningful political participation of minority citizens is recognized. Accordingly, any proposed redistricting plan, or amendment thereto, demonstrated to have the objective or consequence of diluting the voting strength of minority citizens is unacceptable.
2. The redistricting committees will not consider a plan which shows evidence of violating section 2 of the Voting Rights Act. Section 2 of the Voting Rights Act prohibits any state from imposing any voting qualification, standard, practice or procedure that results in the denial or abridgment of any United States citizen’s right to vote on account of race, color, or status as a member of a language minority group. Section 2 is applicable to all states and prohibits purposeful discriminatory practices or practices which result in discrimination. Redistricting is an election practice which must comply with the provisions of section 2 of the Voting Rights Act.
3. The redistricting committees will not consider a plan which shows evidence of packing minority districts (“packing” is drawing district boundary lines so that the members of a minority group are concentrated, or “packed,” into as few districts as possible). The redistricting committees also will not consider a plan which shows evidence of fracturing minority districts (“fracturing” is drawing district lines so that the minority population is broken up among several districts to deprive the minority population of its voting strength in a single district).
Constitution, Part Second, House of Representatives, Article 9
9. Representatives Elected Every Second Year; Apportionment of Representatives. * * * In making such apportionment, no town, ward or place shall be divided nor the boundaries thereof altered.
Constitution, Part Second, Senate, Article 26
26. Senatorial Districts, How Constituted. And that the state may be equally represented in
the senate, the legislature shall divide the state into single-member districts, as nearly equal as may be in population, each consisting of contiguous towns, city wards and unincorporated places, without dividing any town, city ward or unincorporated place. * * *
Constitution, Article IV, Section II
1. * * * Each Senate district shall be composed, wherever practicable, of one single county, and, if not so practicable, of two or more contiguous whole counties.
* * *
3. * * * The Assembly districts shall be composed of contiguous territory, as nearly compact and equal in the number of their inhabitants as possible * * *. Unless necessary to meet the foregoing requirements, no county or municipality shall be divided among Assembly districts unless it shall contain more than one-fortieth of the total number of inhabitants of the State, and no county or municipality shall be divided among a number of Assembly districts larger than one plus the whole number obtained by dividing the number of inhabitants in the county or municipality by one-fortieth of the total number of inhabitants of the State.
Public Law 1991, Chapter 510, Section 5
(Congressional Districts)
* * * preservation of minority voting status … geographical contiguity … reasonable protection for districts from decade to decade due to disruptive alteration … No congressional districts shall be established which fragments an ethnic or racial minority community … a minority community means any group enjoying special protection under the … Voting Rights Act of 1965 … congressional districts shall be drawn so they are contiguous.
New Mexico Statutes Annotated, Section 2-7C-2
2-7C-2. Findings.
* * * a precinct is the building block of a district … .
New Mexico Statutes Annotated, Section 2-7C-3
2-7C-3. Membership.
The house of representatives is composed of seventy members to be elected from districts that are contiguous and that are as compact as is practical and possible.
New Mexico Statutes Annotated, Section 2-8C-2
2-8C-2. Membership.
The senate is composed of forty-two members to be elected from districts that are contiguous and that are as compact as is practical and possible.
Constitution, Article III, Section 4
Sec. 4. * * * [E]ach senate district shall contain as nearly as may be an equal number of inhabitants, excluding aliens, and be in as compact form as practicable * * * and shall at all times consist of contiguous territory, and no county shall be divided in the formation of a senate district except to make two or more senate districts wholly in such county. No town, except a town having more than a full ratio of apportionment, and no block in a city inclosed by streets or public ways, shall be divided in the formation of senate districts; nor shall any district contain a greater excess in population over an adjoining district in the same county, than the population of a town or block therein adjoining such district. Counties, towns or blocks which, from their location, may be included in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, excluding aliens. * * *
Constitution, Article II,
Sec. 3. Senate districts: apportionment of Senators.
* * *
(2) Each senate district shall at all times consist of contiguous territory:
(3) No county shall be divided in the formation of a senate district * * *
Sec. 5. Representative districts; apportionment of Representatives.
* * *
(2) Each representative district shall at all times consist of contiguous territory;
(3) No county shall be divided in the formation of a representative district * * *
Redistricting Criteria adopted by House and Senate Committees, April 22, 1991
In accordance with the Voting Rights Act of 1965, as amended, and the 14th and 15th Amendments to the Constitution of the Unites States, the voting rights of racial minorities shall not be abridged or denied.
All districts shall consist of contiguous territory.
Redistricting criteria as stated in Senate Committee Report, May 21, 1998
1) Eliminate the constitutional defects in the 12th Congressional District.
2) Change as few districts as possible.
3) Keep the current partisan balance of the delegation.
4) Keep incumbents in separate districts and preserve the cores of those districts.
5) Reduce division of counties and cities, especially where the court found that the division was on racial lines.
Constitution, Article IV, Section 2
Section 2. The legislative assembly shall fix the number of senators and representatives and divide the state into as many senatorial districts of compact and contiguous territory as there are senators. * * * The legislative assembly may combine two senatorial districts only when a single member senatorial district includes a federal facility or federal installation, containing over two-thirds of the population of a single member senatorial district, and may provide for the election of senators at large and representatives at large or from subdistricts from those districts.
North Dakota Statutes, Section 54-03001.5
54-03001.5 Legislative Districting. Multi-member senate district authorized when more than 2/3 of the population of a single-seat senate district would be a federal facility or federal installation. Must be compact and contiguous.
House Concurrent Resolution No. 3026, 1991 Session
Legislative Districts must be compact and contiguous except as necessary to preserve county and city boundaries and current legislative district boundaries. Deviation may not exceed 9% except as necessary to preserve city, county, and former legislative district boundaries as boundaries. No legislative district may cross the Missouri River.
Committee Guidelines adopted in 1991
Population variance may not exceed 10 percent, a district may cross the Missouri River if necessary to put all of an Indian Reservation in one district.
Ohio
§ 3 Population of each house of representatives district.
The population of each house of representatives district shall be substantially equal to the ratio of representation in the house of representatives, as provided in section 2 of this Article, and in no event shall any house of representatives district contain a population of less than ninety-five per cent nor more than one hundred five per cent of the ratio of representation in the house of representatives, except in those instances where reasonable effort is made to avoid dividing a county in accordance with section 9 of this Article.
§ 6 Creation of district boundaries; change at end of decennial period.
* * * District boundaries 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.
§ 7 Boundary lines of house of representatives districts.
(A) Every house of representatives district shall be compact and composed of contiguous territory, and the boundary of each district shall be a single nonintersecting continuous line. To the extent consistent with the requirements of section 3 of this Article, the boundary lines of districts shall be so drawn as to delineate an area containing one or more whole counties.
(B) Where the requirements of section 3 of this Article cannot feasibly be attained by forming a district from a whole county or counties, such district shall be formed by combining the areas of governmental units giving preference in the order named to counties, townships, municipalities, and city wards.
(C) Where the requirements of section 3 of this Article cannot feasibly be attained by combining the areas of governmental units as prescribed in division (B) of this section, only one such unit may be divided between two districts, giving preference in the selection of a unit for division to a township, a city ward, a city, and a village in the order named.
(D) In making a new apportionment, district boundaries established by the preceding apportionment shall be adopted to the extent reasonably consistent with the requirements of section 3 of this Article.
§ 9 When population of county is fraction of ratio of representation.
In those instances where the population of a county is not less than ninety per cent nor more than one hundred ten per cent of the ratio of representation in the house of representatives, reasonable effort shall be made to create a house of representatives district consisting of the whole county.
§ 10 Creation and numbering of house of representatives districts.
The standards prescribed in sections 3, 7, 8, and 9 of this Article shall govern the establishment of house of representatives districts, which shall be created and numbered in the following order to the extent that such order is consistent with the foregoing standards:
(A) Each county containing population substantially equal to one ratio of representation in the house of representatives, as provided in section 2 of this Article, but in no event less than ninety-five per cent of the ratio nor more than one hundred five per cent of the ratio shall be designated a representative district.
(B) Each county containing population between ninety and ninety-five per cent of the ratio or between one hundred five and one hundred ten per cent of the ratio may be designated a representative district.
(C) Proceeding in succession from the largest to the smallest, each remaining county containing more than one whole ratio of representation shall be divided into house of representatives districts. Any remaining territory within such county containing a fraction of one whole ratio of representation shall be included in one representative district by combining it with adjoining territory outside the county.
(D) The remaining territory of the state shall be combined into representative districts.
§ 11 Senate districts.
Senate districts shall be composed of three contiguous house of representatives districts. A county having at least one whole senate ratio of representation shall have as many senate districts wholly within the boundaries of the county as it has whole senate ratios of representation. Any fraction of the population in excess of a whole ratio shall be a part of only one adjoining senate district. Counties having less than one senate ratio of representation, but at least one house of representatives ratio of representation shall be part of only one senate district.
The number of whole ratios of representation for a county shall be determined by dividing the population of the county by the ratio of representation in the senate determined under section 2 of this Article.
Senate districts shall be numbered from one through thirty-three and as provided in section 12 of this Article.
Constitution, Article 5, Section 9A
Section V-9A: Senatorial districts - Tenure. * * * In apportioning the State Senate, consideration shall be given to population, compactness, area, political units, historical precedents, economic and political interests, contiguous territory, and other major factors, to the extent feasible. * * *
Constitution, Article IV, Section 7
Section 7. Senatorial districts; senatorial and representative subdistricts. A senatorial district, when more than one county shall constitute the same, shall be composed of contiguous counties, and no county shall be divided in creating such senatorial districts. Senatorial or representative districts comprising not more than one county may be divided into subdistricts from time to time by law. Subdistricts shall be composed of contiguous territory within the district; and the ratios to population of senators or representatives, as the case may be, elected from the subdistricts, shall be substantially equal within the district. [Note: The Oregon Supreme Court has ruled that election districts must be changed without regard to county lines in order to comply with the U.S. Constitution. Hovet v. MyersI, 260 Ore. 152 (1971).]
Oregon Revised Statutes, 1997 Edition, Section 188.010
ORS 188.010 Criteria in apportionment for Legislative Assembly and Congress. The Legislative Assembly or the Secretary of State, whichever is applicable, shall consider the following criteria when apportioning the state into congressional and legislative districts:
(1) Each district, as nearly as practicable, shall:
(b) Be of equal population
(c) Utilize existing geographic or political boundaries;
(d) Not divide communities of common interest; and
(e) Be connected by transportation links.
(2) No district shall be drawn for the purpose of favoring any political party, incumbent legislator or other person.
(3) No district shall be drawn for the purpose of diluting the voting strength of any language or ethnic minority group.
(4) Two state House of Representative districts shall be wholly included within a single state senatorial district.
Constitution, Article II, Section 16
Legislative Districts
Section 16. [S]enatorial and … representative districts … shall be composed of compact and contiguous territory as nearly equal in population as practicable ... . Unless absolutely necessary, no county, ncorporated town, borough, township or ward shall be divided in forming either a senatorial or representative district.
Constitution, Article VII, Section 1
Section 1. Composition. * * * The house of representatives shall be constituted on the basis of population and the representative districts shall be as nearly equal in population and as compact in territory as possible. * * *
Constitution, Article VIII, Section 1
Section 1. Composition. * * * The senate shall be constituted on the basis of population and the senatorial districts shall be as nearly equal in population and as compact in territory as possible.
Senate Judiciary Committee's Subcommittee on Reapportionment and Redistricting, Guidelines for Legislative and Congressional Redistricting, adopted March 30, 1994
* * *
A redistricting plan for the General Assembly or Congress should not have either the purpose or the effect of diluting minority voting strength and should otherwise comply with Section 2 and 5 of the Voting Rights Act and the Fourteenth and Fifteenth Amendments to the U.S. Constitution.
All legislative and congressional districts will be composed of contiguous geography. Contiguity by water is acceptable to link territory within a district provided that there is a reasonable opportunity to travel within the district and the linkage is designed to meet the other criteria stated herein.
Where possible, legislative and congressional districts should attempt to preserve communities of interest where such efforts do not violate Criteria I and II.
Efforts will be made to preserve cores of existing districts where such efforts are consistent with and do not violate Criteria I and II.
District boundaries should adhere to voting precinct boundary lines, as represented by the Census Bureau's Voting Tabulation District (VTD) Lines, in order to minimize voter confusion and cost of election administration. Pending precinct boundary line realignments should be considered.
* * *
Scrutiny of the compactness of districts has heightened under recent judicial decisions which have invalidated or criticized majority-minority districts that were the result of racial gerrymandering and were not narrowly tailored to satisfy a compelling state interest. In determining the relative compactness of a district, consideration should be given to overall geographical and demographic compactness.
A. As a first level of inquiry, a district's compactness may be determined by considering its appearance and the area of dispersal of the district. This should include a mathematical analysis of:
1. how round, square, long, or wide the district is (round or square being preferable to long or wide);
2. how similar and regular the sides of the district are; and
3. how regularly the population is distributed within the district (where the people are within and just outside the district and where the unpopulated areas are within the district).
Irregular geographical boundaries and/or significant land areas with little or no population may justify unequal district lines if such district lines follow a significant geographical feature or political subdivision boundary or must be drawn to include necessary population(s).
B.1. Compactness also may be determined by an analysis of the function of the district. The district should be drawn to facilitate:
a. enhanced communication between a representative and his constituents; and
b. enhanced opportunity for voters to know their representative and the other voters he represents.
2. Therefore, and in addition to a mathematical analysis of a district's compactness, a functional analysis may be undertaken to ensure that the compactness also reflects:
a. utilization of historically defined political subdivisions as building blocks to ensure voter identity and efficient political mobilization;
b. utilization of vernacularly insular regions so as to allow for the representation of common interest; and
c. utilization of districts which facilitate a representative's capabilities to effectively and efficiently communicate with his constituents in cognizably media markets.
Constitution, Article III, Section 5
§ 5. Legislative reapportionment. * * * House districts shall be established wholly within senatorial districts and shall be either single-member or dual-member districts as the Legislature shall determine. Legislative districts shall consist of compact, contiguous territory and shall have population as nearly equal as is practicable, based on the last preceding federal census.
South Dakota Codified Laws, Section 2-2-23
2-2-23. Legislative policy in redistricting. The Legislature, in making the
1991 redistricting, determines, as a matter of policy, that the following principles are of primary significance:
(1) Adherence to standards of population deviance as established by judicial precedent and to standards of population deviance as prescribed by Article III, section 5, of the Constitution;
(2) Protection of minority voting rights pursuant to the United States Constitution, the South Dakota Constitution and federal statutes;
(3) Protection of socioeconomic relationship by means of compact and contiguous districts; and
(4) Restoration of the boundaries of any county that was split in the previous redistricting.
Tennessee Code Annotated, Section 3-1-103
* * *
(b) It is the intention of the general assembly that:
(1) Each district be represented by a single member;
(2) Districts must be substantially equal in population in accordance with constitutional requirements for “one (1) person one (1) vote”;
(3) Geographic areas, boundaries and population courts used for redistricting shall be based on the 1990 federal decennial census;
(4) Districts must be contiguous and contiguity by water is sufficient;
(5) No more than thirty (30) counties may be split to attach to other counties or parts of counties to form multi-county districts; and
(6) The redistricting plan will comply with the Voting Rights Act and the fourteenth and fifteenth amendments to the United States Constitution.
Constitution, Article III
* * *
Section 25 Senatorial Districts. The State shall be divided into Senatorial Districts of contiguous territory according to the number of qualified electors, as nearly as may be * * *
Section 26 Apportionment of Members of House of Representatives. The members of the House of Representatives shall be apportioned among the several counties, according to the number of population in each, as nearly as may be, on a ratio obtained by dividing the population of the State, as ascertained by the most recent United States census, by the number of members of which the House is composed; provided, that whenever a single county has sufficient population to be entitled to a Representative, such county shall be formed into a separate Representative District, and when two or more counties are required to make up the ratio of representation, such counties shall be contiguous to each other; and when any one county has more than sufficient population to be entitled to one or more Representatives, such Representative or Representatives shall be apportioned to such county, and for any surplus of population it may be joined in a Representative District with any other contiguous county or counties.
House Resolution No. 150, adopted 1991
1) avoid arbitrariness and afford all interested parties a right of access to the political process;
2) take notice of all federal and state court decisions on reapportionment;
3) comply with requirements of the federal Voting Rights Act and all applicable federal and state law in formulating redistricting proposals;
4) make the basic demographic and statistical data available to all interested parties;
5) define all proposed districts by reference to census geographic units; and
6) act to produce a fair and equitable alignment of district boundaries that provide representation for all the people of Texas.
Guidelines adopted by Redistricting Committee, May 29, 1991
Plus or minus 4 percent deviation for legislative districts, plus or minus 1 percent deviation for congressional districts. Single member districts only. As contiguous and compact as practicable. Efforts will be made to maintain communities of interest and geographical boundaries and to respect existing political subdivisions as far as practicable. Districts will not be drawn to intentionally protect or defeat any incumbent.
Constitution, Chapter II
Section 13. Representatives; Number. * * * In establishing representative districts, which shall afford equality of representation, the General Assembly shall seek to maintain geographical compactness and contiguity and to adhere to boundaries of counties and other existing political subdivisions.
Section 18. Senators; Numbers; Qualifications. * * * In establishing senatorial districts, which shall afford equality of representation, the General Assembly shall seek to maintain geographical compactness and contiguity and to adhere to boundaries of counties and other existing political subdivisions.
Vermont Statutes Annotated, Title 17, Chapter 34A, Section 1903
§ 1903. Periodic Reapportionment; Standards.
(a) The house of representatives and the senate shall be reapportioned and redistricted on the basis of population during the biennial session after the taking of each decennial census of the United States, or after a census taken for the purpose of such reapportionment under the authority of this state.
(b) The standard for creating districts for the election of representatives to the general assembly shall be to form representative districts with minimum percentages of deviation from the apportionment standard for the house of representatives. The standard for creating districts for the election of senators on a county basis to the general assembly shall be to form senatorial districts with minimum percentages of deviation from the apportionment standard for the senate. The representative and senatorial districts shall be formed consistent with the following policies insofar as practicable:
(1) preservation of existing political subdivision lines;
(2) recognition and maintenance of patterns of geography, social interaction, trade, political ties and common interests;
(3) use of compact and contiguous territory.
Vermont Statutes Annotated, Title 17, Chapter 34A, Section 1906b
§ 1906b. Division of Two-member Representative Districts.
(a) An initial district entitled to two representatives under section 1893 of this title may be divided into single-member representative districts as provided in this section.
(b) As soon as practical after enactment of a final plan for initial districts under section 1906 of this title, the boards of civil authority of the town or towns which constitute 25 percent or more of the population of the initial district may call a meeting of the boards of civil authority of the town or towns of the initial district for the purpose of preparing a proposal for division of the district. Each board shall have one vote, provided that the proposal shall not provide for a representative districtline to be drawn through a town if the board of civil authority of that town objects.
(c) In making a proposal under this section, the boards of civil authority shall consider
(1) preservation of existing political subdivision lines;
(2) recognition and maintenance of patterns of geography, social interaction, trade, political ties andcommon interests;
(3) use of compact and contiguous territory;
* * *
(f) Representative districts proposed under this section shall become effective when approved by the general assembly before adjournment sine die. The general assembly shall approve representative districts proposed by the boards of civil authority if they are consistent with the standards set forth in this section.
Vermont Statutes Annotated, Title 17, Chapter 34A, Section 1906c
§ 1906c. Division of Districts Having Three or More Representatives.
(a) An initial district entitled to three or more representatives under section 1893 of this title shall be divided into single- and two-member representative districts as provided in this section.
(b) As soon as practical after enactment of a final plan for initial districts under section 1906 of this title, the boards of civil authority of the town or towns within an initial district having three or more representatives shall meet and prepare a proposal for division of the district. Each board shall have one vote, provided that the proposal shall not provide for a representative district line to be drawn through a town if the board of civil authority of that town objects.
(c) In making a proposal under this section, the boards of civil authority shall consider
(1) preservation of existing political subdivision lines;
(2) recognition and maintenance of patterns of geography, social interaction, trade, political ties and common interests;
(3) use of compact and contiguous territory;
(4) incumbencies.
* * *
(f) Representative districts proposed under this section shall become effective when approved by the general assembly before adjournment sine die. The general assembly shall approve representative districts proposed by the boards of civil authority if they are consistent with the standards set forth in this section.
Constitution, Article II, Section 6
Section 6. Apportionment. * * * Every electoral district shall be composed of contiguous and compact territory and shall be so constituted as to give, as nearly as is practicable, representation in proportion to the population of the district. * * *
Resolution No. 1, Redistricting Plans for the Senate of Virginia, adopted by the Senate Committee on Privileges And Elections, February 22, 1991
* * *
II. Criteria
* * *
B. Minority Representation
1. Voting Rights Act §§ 2 and 5. District plans shall not dilute minority voting strength and shall comply with §§ 2 and 5 of the Voting Rights Act. No district plan shall be acceptable if it affords members of a racial or language minority group “less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.”
The Committee seeks the participation of minority group members in the redistricting process. Minority group members shall be afforded a full and fair opportunity to participate in the process leading to the adoption of any redistricting plan.
2. Voting Rights Act preclearance. Legislation adopted to redistrict the Senate shall be submitted promptly to the Department of Justice for preclearance under § 5 of the Voting Rights Act.
C. Compactness. Districts shall be reasonably compact. Irregular district shapes may be justified because the district line follows a political subdivision boundary or significant geographic feature.
D. Contiguity. Districts shall be composed of contiguous territory. Contiguity by water is acceptable to link territory within a district in order to meet the other criteria stated herein and provided that there is reasonable opportunity for travel within the district.
E. Political Fairness. A redistricting plan shall be unacceptable if it is drawn with the purpose and effect of denying any group of per sons who share a common political association a fair opportunity to participate in the political process.
III. Policy Considerations
A. Political Subdivisions. District plans shall be drawn so as to avoid splitting counties, cities, and towns to the extent practicable.
B. Communities of Interest. In drawing district plans, consideration shall be given to preserving communities of interest.
C. Precincts. Precincts * * * should serve as the basic building blocks for districts when it is necessary to split any county or city.
D. Existing Districts: Incumbency. It is permissible to consider existing districts and incumbency.
Resolution No. 1, Redistricting Plans for the House of Delegates, adopted by the House Committee on Privileges and Elections, February 23, 1991
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II. Criteria
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B. Minority Representation
1. Voting Rights Act §§ 2 and 5. District plans shall not dilute minority voting strength and shall comply with §§ 2 and 5 of the Voting Rights Act. No district plan shall be acceptable if it affords members of a racial or language minority group “less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.”
The Committee seeks the participation of minority group members in the redistricting process. Minority group members shall be afforded a full and fair opportunity to participate in the process leading to the adoption of any redistricting plan.2. Voting Rights Act preclearance. Legislation adopted to redistrict the House of Delegates shall be submitted promptly to the Department of Justice for preclearance under § 5 of the Voting Rights Act.
C. Compactness. Districts shall be reasonably compact. Irregular district shapes may be justified because the district line follows a political subdivision boundary or significant geographic feature.
D. Contiguity. Districts shall be composed of contiguous territory. Contiguity by water is acceptable to link territory within a district in order to meet the other criteria stated herein and provided that there is reasonable opportunity for travel within the district.
E. Political Fairness. The Committee is cognizant of the Supreme Court’s decision in Davis v. Bandemer and will seek to approve a plan that complies with the equal protection clause of the Fourteenth Amendment to the United States Constitution.
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III. Policy Considerations
A. Political Subdivisions. District plans shall be drawn so as to avoid splitting counties, cities, and towns to the extent practicable.
B. Communities of Interest. In drawing district plans, consideration shall be given to preserving communities of interest.
C. Precincts. Precincts * * * should serve as the basic building blocks for districts when it is necessary to split any county or city.
D. Existing Districts: Incumbency. It is permissible to consider existing districts and incumbency.
Constitution, Article II, Section 43
Section 43 Redistricting.
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(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 be drawn purposely to favor or discriminate against any political party or group.
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Revised Code of Washington, Section 44.05.090
44.05.090 Redistricting plan. In the redistricting plan:
(1) Districts shall have a population as nearly equal as is practicable, excluding nonresident military personnel, based on the population reported in the federal decennial census.
(2) To the extent consistent with subsection (1) of this section the commission plan should, insofar as practical, accomplish the following:
(a) District lines should be drawn so as to coincide with the boundaries of local political subdivisions and areas recognized as communities of interest. The number of counties and municipalities divided among more than one district should be as small as possible;
(b) Districts should be composed of convenient, contiguous, and compact territory. Land areas may be deemed contiguous if they share a common land border or are connected by a ferry, highway, bridge, or tunnel. Areas separated by geographical boundaries or artificial barriers that prevent transportation within a district should not be deemed contiguous; and
(c) Whenever practicable, a precinct shall be wholly within a single legislative district.
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(5) The commission shall exercise its powers to provide fair and effective representation and to encourage electoral competition. The commission's plan shall not be drawn purposely to favor or discriminate against any political party or group.
Constitution
Article I, Section 4
1-4. Representatives to Congress. For the election of representatives to Congress, the state shall be divided into districts * * *which * * * shall be formed of contiguous counties, and be compact. Each district shall contain, as nearly as may be, an equal number of population, to be determined according to the rule prescribed in the constitution of the United States.
Article VI, Section 4
6-4. Division of state into senatorial districts. * * * The districts shall be compact, formed of contiguous territory, bounded by county lines, and, as nearly as practicable, equal in population, to be ascertained by the census of the United States.
Constitution, Article IV
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Apportionment. Section 3. At its first session after each enumeration made by the authority of the United States, the legislature shall apportion and district anew the members of the senate and assembly, according to the number of inhabitants.
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Representatives to the assembly, how chosen. Section 4. The * * * districts to be bounded by county, precinct, town or ward lines, to consist of contiguous territory and be in as compact form as practicable.
Senators, how chosen. Section 5. The senators shall be elected by single districts of convenient contiguous territory, at the same time and in the same manner as members of the assembly are required to be chosen; and no assembly district shall be divided in the formation of a senate district. The senate districts shall be numbered in the regular series, and the senators shall be chosen alternately from the odd and even-numbered districts for the term of 4 years
Constitution, Article 3, Section 97-3-049
97-3-049. District representation. Congressional districts may be altered from time to time as public convenience may require. When a congressional district shall be composed of two or more counties they shall be contiguous, and the districts as compact as may be. No county shall be divided in the formation of congressional districts.
Principles adopted by Joint Corporations Interim Committee
1. election districts contiguous, compact, and reflect a community of interest.
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3. To the greatest extent possible, in establishing election districts, county boundaries should be followed.
4. The plan should avoid diluting voting power of minorities in violation of the Voting Rights Act.
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7. significant geographical features should be considered in establishing districts.
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9. consideration of residence of current legislators should be avoided.
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