SJR6 - Proposes to amend the Nevada Constitution to create an independent redistricting commission. (BDR C-748)

S.J.R. 6 - *SJR6* SENATE JOINT RESOLUTION NO. 6–SENATOR HANSEN PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Legislative Operations and Elections SUMMARY—Proposes to amend the Nevada Constitution to create an independent redistricting commission. (BDR C-748) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. SENATE JOINT RESOLUTION—Proposing to amend the Nevada Constitution to remove the constitutional provisions governing the Legislature’s authority to apportion Senators and members of the Assembly among counties or legislative districts of the State and create the Independent Redistricting Commission vested with the power to apportion Senators and members of the Assembly in the Legislature and members of the United States House of Representatives among districts established by the Commission. Legislative Counsel’s Digest: Article 4 of the Nevada Constitution requires the Legislature to apportion 1 Senators and members of the Assembly among the counties or legislative districts 2 of the State after each decennial census. (Nev. Const. Art. 4, § 5) This resolution 3 proposes to amend the Nevada Constitution to remove the constitutional provisions 4 that require the Legislature to apportion Senators and members of the Assembly 5 and, instead, create the Independent Redistricting Commission to apportion 6 Senators, members of the Assembly and representatives in the United States House 7 of Representatives among legislative districts established by the Commission. 8 This resolution proposes adding new sections to the Nevada Constitution to 9 create the Independent Redistricting Commission and requires the Commission to 10 apportion representatives of the United States House of Representatives among 11 congressional districts established by the Commission. This proposed amendment 12 to the Nevada Constitution requires the Commission to apportion Senators, 13 members of the Assembly and members of the United States House of 14 Representatives beginning in 2031 and after each subsequent decennial census of 15 the United States. 16 – 2 – - *SJR6* This proposed amendment to the Nevada Constitution requires: (1) the 17 Commission to be composed of seven members who are registered and eligible to 18 vote in this State; and (2) the Senate Majority Leader, Senate Minority Leader, 19 Speaker of the Assembly and Assembly Minority Leader to each appoint one 20 member. The remaining three members are: (1) required to be appointed by the four 21 members appointed by the legislative officers; and (2) prohibited from being 22 registered or affiliated with the largest or second largest political party for at least 4 23 years immediately preceding their appointment. This proposed amendment to the 24 Nevada Constitution requires the members of the Commission to serve terms for 25 the duration of the obligations of a census cycle. 26 This proposed amendment to the Nevada Constitution also specifies the criteria 27 that the Commission is required to use in adopting a redistricting plan. 28 This proposed amendment to the Nevada Constitution provides for certain 29 provisions of these constitutional amendments to remain in effect in the event that 30 any other provision is deemed unconstitutional. 31 If this joint resolution is passed by the 2025 Legislature, it must also be passed 32 by the next Legislature and then approved and ratified by the voters in an election 33 before the proposed amendments to the Nevada Constitution become effective. 34 RESOLVED BY THE SENATE AND ASSEMBLY OF THE STATE OF 1 NEVADA, JOINTLY, That a new section, designated Section 5A, be 2 added to Article 4 of the Nevada Constitution to read as follows: 3 Sec. 5A. 1. There is hereby created within the 4 Legislative Department of the State Government the 5 Independent Redistricting Commission. It shall be the duty 6 of the Commission in the year 2031, and after each 7 subsequent decennial census of the United States, to 8 apportion the number of Senators and members of the 9 Assembly among legislative districts established by the 10 Commission and to apportion the number of representatives 11 in the United States House of Representatives among 12 congressional districts established by the Commission. 13 2. The Commission is composed of seven members who 14 are registered and eligible to vote in this State and who meet 15 the qualifications established in subsection 4. The Senate 16 Majority Leader, Senate Minority Leader, Speaker of the 17 Assembly and Assembly Minority Leader shall each appoint 18 one commissioner. 19 3. The four commissioners appointed pursuant to 20 subsection 2 shall appoint three additional commissioners, 21 each of whom must not have been registered or affiliated 22 with the largest or second largest political party for at least 23 4 years immediately preceding his or her appointment, 24 according to voter registration data published by the 25 Secretary of State as of January 1 of the redistricting year, 26 and none of whom, if registered or affiliated with a political 27 – 3 – - *SJR6* party, is affiliated or registered with the same political party 1 as another commissioner. 2 4. Within the 4 years immediately preceding his or her 3 appointment and during his or her term, a commissioner 4 may not be: 5 (a) A registered lobbyist; 6 (b) A candidate for a federal, state or partisan local 7 office; 8 (c) An elected official to a federal, state or partisan local 9 office; 10 (d) An officer or member of the governing body of a 11 national, state or local political party; 12 (e) A paid consultant or employee of a federal, state or 13 partisan local elected official or candidate, political action 14 committee, committee sponsored by a political party or 15 committee that seeks to influence elections to federal, state 16 or partisan local offices; 17 (f) An employee of the State of Nevada, except for 18 employees in the Judicial Department of the State 19 Government, the Armed Forces of the United States or a 20 state institution of higher education; or 21 (g) Related within the third degree of consanguinity or 22 affinity to any person disqualified under paragraphs (a) to 23 (f), inclusive. 24 5. The term of office of each commissioner expires 25 once the Commission has completed its obligations for a 26 census cycle, but not before any judicial review of the 27 redistricting plan is complete, or upon the release of the 28 subsequent decennial census of the United States, 29 whichever is earliest. 30 6. All meetings of the Commission shall be open to the 31 public. The Commission shall ensure that the public has 32 opportunities to view, present testimony and participate in 33 hearings before the Commission. All Commission materials 34 are public records. 35 7. The Commission shall adopt rules to govern its 36 administration and operation. 37 8. The powers granted to the Commission are 38 legislative functions not subject to the control or approval of 39 the Legislature and are exclusively reserved to the 40 Commission. 41 And be it further 42 RESOLVED, That a new section, designated Section 5B, be added 43 to Article 4 of the Nevada Constitution to read as follows: 44 – 4 – - *SJR6* Sec. 5B. 1. The Independent Redistricting 1 Commission shall draw districts for a redistricting plan 2 using the following criteria, in the order listed: 3 (a) Districts comply with the United States Constitution 4 and applicable federal law. 5 (b) Districts have an approximately equal number of 6 inhabitants. 7 (c) Districts are geographically contiguous. 8 (d) Districts are not drawn with the intent or result of 9 denying or abridging the equal opportunity of racial or 10 language minorities to participate in the political process or 11 elect representatives of their choice, whether by themselves 12 or voting in concert with other persons. 13 (e) Districts do not unduly advantage or disadvantage a 14 political party, when considered on a statewide basis. 15 (f) Districts reflect county, city and township 16 boundaries, to the extent practicable. 17 (g) Districts do not divide communities of interest, to the 18 extent practicable. Communities of interest are areas with 19 recognized similarities of interest, including, without 20 limitation, racial, ethnic, economic, social, cultural, 21 geographic or historic identities, but not including 22 communities based on political affiliation. 23 (h) Districts are reasonably compact. 24 (i) Districts are politically competitive, to the extent 25 practicable without impairing compliance with paragraphs 26 (a) to (h), inclusive. A district is politically competitive if 27 there is a reasonable potential for the party affiliation of the 28 district’s representative to change at least once between 29 each federal decennial census. 30 2. Not later than July 1, 2031, and not later than 180 31 days after each subsequent decennial census of the United 32 States, the Commission shall approve a redistricting plan 33 for the Nevada State Senate, the Nevada State Assembly and 34 all congressional districts in this State, after providing 35 public notice of each proposed final plan and allowing 36 sufficient time for public review and comment. The 37 Commission may only approve a final plan with at least five 38 affirmative votes, including at least one from a 39 commissioner registered with the largest political party, one 40 from a commissioner registered with the second largest 41 political party and one from a commissioner not registered 42 or affiliated with the largest or second largest political party, 43 according to voter registration data published by the 44 Secretary of State as of January 1 of the redistricting year. 45 – 5 – - *SJR6* And be it further 1 RESOLVED, That a new section, designated Section 5C, be added 2 to Article 4 of the Nevada Constitution to read as follows: 3 Sec. 5C. If any part of Section 5A or 5B of this Article, 4 as applicable, is declared invalid, or the application thereof 5 to any person, thing or circumstance is held invalid, such 6 invalidity shall not affect the remaining provisions or 7 application of Section 5A or 5B of this Article, as 8 applicable, which can be given effect without the invalid 9 provision or application, and to this end the provisions of 10 Sections 5A and 5B of this Article are declared to be 11 severable. This section shall be construed broadly to 12 preserve and effectuate the purpose of Sections 5A and 5B 13 of this Article. 14 And be it further 15 RESOLVED, That Section 5 of Article 4 of the Nevada 16 Constitution be amended as follows: 17 Sec. 5. Senators and members of the Assembly shall be 18 duly qualified electors in the respective counties and districts 19 which they represent, and the number of Senators shall not be 20 less than one-third nor more than one-half of that of the 21 members of the Assembly. 22 It shall be the mandatory duty of the Legislature at its first 23 session after the taking of the decennial census of the United 24 States in the year 1950, and after each subsequent decennial 25 census, to fix by law the number of Senators and 26 [Assemblymen, and apportion them among the several 27 counties of the State, or among legislative districts which may 28 be established by law, according to the number of inhabitants 29 in them, respectively.] members of the Assembly. 30 And be it further 31 RESOLVED, That this resolution becomes effective upon 32 passage. 33 H