districts.
Sec. 6.
(1) An independent citizens redistricting commission for state legislative and congressional
districts (hereinafter, the "commission") is hereby established as a permanent commission in
the legislative branch. The commission shall consist of 13 commissioners. The commission
shall adopt a redistricting plan for each of the following types of districts: state senate districts,
state house of representative districts, and congressional districts. Each commissioner shall:
(a) Be registered and eligible to vote in the State of Michigan;
(b) Not currently be or in the past 6 years have been any of the following:
(i) A declared candidate for partisan federal, state, or local office;
(ii) An elected official to partisan federal, state, or local office;
(iii) An officer or member of the governing body of a national, state, or local political party;
(iv) A paid consultant or employee of a federal, state, or local elected official or political
candidate, of a federal, state, or local political candidate's campaign, or of a political action
committee;
(v) An employee of the legislature;
(vi) Any person who is registered as a lobbyist agent with the Michigan bureau of elections,
or any employee of such person; or
(vii) An unclassified state employee who is exempt from classification in state civil service
pursuant to article XI, section 5, except for employees of courts of record, employees of the
state institutions of higher education, and persons in the armed forces of the state;
(c) Not be a parent, stepparent, child, stepchild, or spouse of any individual disqualified
under part (1)(b) of this section; or
(d) Not be otherwise disqualified for appointed or elected office by this constitution.
(e) For five years after the date of appointment, a commissioner is ineligible to hold a
partisan elective office at the state, county, city, village, or township level in Michigan.
(2) Commissioners shall be selected through the following process:
(a) The secretary of state shall do all of the following:
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(i) Make applications for commissioner available to the general public not later than
January 1 of the year of the federal decennial census. The secretary of state shall circulate the
applications in a manner that invites wide public participation from different regions of the
state. The secretary of state shall also mail applications for commissioner to ten thousand
Michigan registered voters, selected at random, by January 1 of the year of the federal
decennial census.
(ii) Require applicants to provide a completed application.
(iii) Require applicants to attest under oath that they meet the qualifications set forth in this
section; and either that they affiliate with one of the two political parties with the largest
representation in the legislature (hereinafter, "major parties"), and if so, identify the party with
which they affiliate, or that they do not affiliate with either of the major parties.
(b) Subject to part (2)(c) of this section, the secretary of state shall mail additional
applications for commissioner to Michigan registered voters selected at random until 30
qualifying applicants that affiliate with one of the two major parties have submitted
applications, 30 qualifying applicants that identify that they affiliate with the other of the two
major parties have submitted applications, and 40 qualifying applicants that identify that they
do not affiliate with either of the two major parties have submitted applications, each in
response to the mailings.
(c) The secretary of state shall accept applications for commissioner until June 1 of the year
of the federal decennial census.
(d) By July 1 of the year of the federal decennial census, from all of the applications
submitted, the secretary of state shall:
(i) Eliminate incomplete applications and applications of applicants who do not meet the
qualifications in parts (1)(a) through (1)(d) of this section based solely on the information
contained in the applications;
(ii) Randomly select 60 applicants from each pool of affiliating applicants and 80 applicants
from the pool of non-affiliating applicants. 50% of each pool shall be populated from the
qualifying applicants to such pool who returned an application mailed pursuant to part 2(a) or
2(b) of this section, provided, that if fewer than 30 qualifying applicants affiliated with a major
party or fewer than 40 qualifying non-affiliating applicants have applied to serve on the
commission in response to the random mailing, the balance of the pool shall be populated
from the balance of qualifying applicants to that pool. The random selection process used by
the secretary of state to fill the selection pools shall use accepted statistical weighting methods
to ensure that the pools, as closely as possible, mirror the geographic and demographic
makeup of the state; and
(iii) Submit the randomly-selected applications to the majority leader and the minority
leader of the senate, and the speaker of the house of representatives and the minority leader of
the house of representatives.
(e) By August 1 of the year of the federal decennial census, the majority leader of the
senate, the minority leader of the senate, the speaker of the house of representatives, and the
minority leader of the house of representatives may each strike five applicants from any pool
or pools, up to a maximum of 20 total strikes by the four legislative leaders.
(f) By September 1 of the year of the federal decennial census, the secretary of state shall
randomly draw the names of four commissioners from each of the two pools of remaining
applicants affiliating with a major party, and five commissioners from the pool of remaining
non-affiliating applicants.
(3) Except as provided below, commissioners shall hold office for the term set forth in part
(18) of this section. If a commissioner's seat becomes vacant for any reason, the secretary of
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state shall fill the vacancy by randomly drawing a name from the remaining qualifying
applicants in the selection pool from which the original commissioner was selected. A
commissioner's office shall become vacant upon the occurrence of any of the following:
(a) Death or mental incapacity of the commissioner;
(b) The secretary of state's receipt of the commissioner's written resignation;
(c) The commissioner's disqualification for election or appointment or employment pursuant
to article XI, section 8;
(d) The commissioner ceases to be qualified to serve as a commissioner under part (1) of
this section; or
(e) After written notice and an opportunity for the commissioner to respond, a vote of 10 of
the commissioners finding substantial neglect of duty, gross misconduct in office, or inability
to discharge the duties of office.
(4) The secretary of state shall be secretary of the commission without vote, and in that
capacity shall furnish, under the direction of the commission, all technical services that the
commission deems necessary. The commission shall elect its own chairperson. The
commission has the sole power to make its own rules of procedure. The commission shall
have procurement and contracting authority and may hire staff and consultants for the
purposes of this section, including legal representation.
(5) Beginning no later than December 1 of the year preceding the federal decennial census,
and continuing each year in which the commission operates, the legislature shall appropriate
funds sufficient to compensate the commissioners and to enable the commission to carry out
its functions, operations and activities, which activities include retaining independent,
nonpartisan subject-matter experts and legal counsel, conducting hearings, publishing notices
and maintaining a record of the commission's proceedings, and any other activity necessary
for the commission to conduct its business, at an amount equal to not less than 25 percent of
the general fund/general purpose budget for the secretary of state for that fiscal year. Within
six months after the conclusion of each fiscal year, the commission shall return to the state
treasury all moneys unexpended for that fiscal year. The commission shall furnish reports of
expenditures, at least annually, to the governor and the legislature and shall be subject to
annual audit as provided by law. Each commissioner shall receive compensation at least equal
to 25 percent of the governor's salary. The State of Michigan shall indemnify commissioners
for costs incurred if the legislature does not appropriate sufficient funds to cover such costs.
(6) The commission shall have legal standing to prosecute an action regarding the adequacy
of resources provided for the operation of the commission, and to defend any action regarding
an adopted plan. The commission shall inform the legislature if the commission determines
that funds or other resources provided for operation of the commission are not adequate. The
legislature shall provide adequate funding to allow the commission to defend any action
regarding an adopted plan.
(7) The secretary of state shall issue a call convening the commission by October 15 in the
year of the federal decennial census. Not later than November 1 in the year immediately
following the federal decennial census, the commission shall adopt a redistricting plan under
this section for each of the following types of districts: state senate districts, state house of
representative districts, and congressional districts.
(8) Before commissioners draft any plan, the commission shall hold at least ten public
hearings throughout the state for the purpose of informing the public about the redistricting
process and the purpose and responsibilities of the commission and soliciting information
from the public about potential plans. The commission shall receive for consideration written
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submissions of proposed redistricting plans and any supporting materials, including
underlying data, from any member of the public. These written submissions are public records.
(9) After developing at least one proposed redistricting plan for each type of district, the
commission shall publish the proposed redistricting plans and any data and supporting
materials used to develop the plans. Each commissioner may only propose one redistricting
plan for each type of district. The commission shall hold at least five public hearings
throughout the state for the purpose of soliciting comment from the public about the proposed
plans. Each of the proposed plans shall include such census data as is necessary to accurately
describe the plan and verify the population of each district, and a map and legal description
that include the political subdivisions, such as counties, cities, and townships; man-made
features, such as streets, roads, highways, and railroads; and natural features, such as
waterways, which form the boundaries of the districts.
(10) Each commissioner shall perform his or her duties in a manner that is impartial and
reinforces public confidence in the integrity of the redistricting process. The commission shall
conduct all of its business at open meetings. Nine commissioners, including at least one
commissioner from each selection pool shall constitute a quorum, and all meetings shall
require a quorum. The commission shall provide advance public notice of its meetings and
hearings. The commission shall conduct its hearings in a manner that invites wide public
participation throughout the state. The commission shall use technology to provide
contemporaneous public observation and meaningful public participation in the redistricting
process during all meetings and hearings.
(11) The commission, its members, staff, attorneys, and consultants shall not discuss
redistricting matters with members of the public outside of an open meeting of the
commission, except that a commissioner may communicate about redistricting matters with
members of the public to gain information relevant to the performance of his or her duties if
such communication occurs (a) in writing or (b) at a previously publicly noticed forum or
town hall open to the general public.
The commission, its members, staff, attorneys, experts, and consultants may not directly or
indirectly solicit or accept any gift or loan of money, goods, services, or other thing of value
greater than $20 for the benefit of any person or organization, which may influence the
manner in which the commissioner, staff, attorney, expert, or consultant performs his or her
duties.
(12) Except as provided in part (14) of this section, a final decision of the commission
requires the concurrence of a majority of the commissioners. A decision on the dismissal or
retention of paid staff or consultants requires the vote of at least one commissioner affiliating
with each of the major parties and one non-affiliating commissioner. All decisions of the
commission shall be recorded, and the record of its decisions shall be readily available to any
member of the public without charge.
(13) The commission shall abide by the following criteria in proposing and adopting each
plan, in order of priority:
(a) Districts shall be of equal population as mandated by the United States constitution, and
shall comply with the voting rights act and other federal laws.
(b) Districts shall be geographically contiguous. Island areas are considered to be
contiguous by land to the county of which they are a part.
(c) Districts shall reflect the state's diverse population and communities of interest.
Communities of interest may include, but shall not be limited to, populations that share
cultural or historical characteristics or economic interests. Communities of interest do not
include relationships with political parties, incumbents, or political candidates.
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(d) Districts shall not provide a disproportionate advantage to any political party. A
disproportionate advantage to a political party shall be determined using accepted measures of
partisan fairness.
(e) Districts shall not favor or disfavor an incumbent elected official or a candidate.
(f) Districts shall reflect consideration of county, city, and township boundaries.
(g) Districts shall be reasonably compact.
(14) The commission shall follow the following procedure in adopting a plan:
(a) Before voting to adopt a plan, the commission shall ensure that the plan is tested, using
appropriate technology, for compliance with the criteria described above.
(b) Before voting to adopt a plan, the commission shall provide public notice of each plan
that will be voted on and provide at least 45 days for public comment on the proposed plan or
plans. Each plan that will be voted on shall include such census data as is necessary to
accurately describe the plan and verify the population of each district, and shall include the
map and legal description required in part (9) of this section.
(c) A final decision of the commission to adopt a redistricting plan requires a majority vote
of the commission, including at least two commissioners who affiliate with each major party,
and at least two commissioners who do not affiliate with either major party. If no plan satisfies
this requirement for a type of district, the commission shall use the following procedure to
adopt a plan for that type of district:
(i) Each commissioner may submit one proposed plan for each type of district to the full
commission for consideration.
(ii) Each commissioner shall rank the plans submitted according to preference. Each plan
shall be assigned a point value inverse to its ranking among the number of choices, giving the
lowest ranked plan one point and the highest ranked plan a point value equal to the number of
plans submitted.
(iii) The commission shall adopt the plan receiving the highest total points, that is also
ranked among the top half of plans by at least two commissioners not affiliated with the party
of the commissioner submitting the plan, or in the case of a plan submitted by non-affiliated
commissioners, is ranked among the top half of plans by at least two commissioners affiliated
with a major party. If plans are tied for the highest point total, the secretary of state shall
randomly select the final plan from those plans. If no plan meets the requirements of this
subparagraph, the secretary of state shall randomly select the final plan from among all
submitted plans pursuant to part (14)(c)(i).
(15) Within 30 days after adopting a plan, the commission shall publish the plan and the
material reports, reference materials, and data used in drawing it, including any programming
information used to produce and test the plan. The published materials shall be such that an
independent person is able to replicate the conclusion without any modification of any of the
published materials.
(16) For each adopted plan, the commission shall issue a report that explains the basis on
which the commission made its decisions in achieving compliance with plan requirements and
shall include the map and legal description required in part (9) of this section. A commissioner
who votes against a redistricting plan may submit a dissenting report which shall be issued
with the commission's report.
(17) An adopted redistricting plan shall become law 60 days after its publication. The
secretary of state shall keep a public record of all proceedings of the commission and shall
publish and distribute each plan and required documentation.
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(18) The terms of the commissioners shall expire once the commission has completed its
obligations for a census cycle but not before any judicial review of the redistricting plan is
complete.
(19) The supreme court, in the exercise of original jurisdiction, shall direct the secretary of
state or the commission to perform their respective duties, may review a challenge to any plan
adopted by the commission, and shall remand a plan to the commission for further action if the
plan fails to comply with the requirements of this constitution, the constitution of the United
States or superseding federal law. In no event shall any body, except the independent citizens
redistricting commission acting pursuant to this section, promulgate and adopt a redistricting
plan or plans for this state.
(20) This section is self-executing. If a final court decision holds any part or parts of this
section to be in conflict with the United States constitution or federal law, the section shall be
implemented to the maximum extent that the United States constitution and federal law
permit. Any provision held invalid is severable from the remaining portions of this section.
(21) Notwithstanding any other provision of law, no employer shall discharge, threaten to
discharge, intimidate, coerce, or retaliate against any employee because of the employee's
membership on the commission or attendance or scheduled attendance at any meeting of the
commission.
(22) Notwithstanding any other provision of this constitution, or any prior judicial decision,
as of the effective date of the constitutional amendment adding this provision, which amends
article IV, sections 1 through 6, article V, sections 1, 2 and 4, and article VI, sections 1 and 4,
including this provision, for purposes of interpreting this constitutional amendment the people
declare that the powers granted to the commission are legislative functions not subject to the
control or approval of the legislature, and are exclusively reserved to the commission. The
commission, and all of its responsibilities, operations, functions, contractors, consultants and
employees are not subject to change, transfer, reorganization, or reassignment, and shall not be
altered or abrogated in any manner whatsoever, by the legislature. No other body shall be
established by law to perform functions that are the same or similar to those granted to the
commission in this section.§ § 6Independent citizens redistricting commission for state legislative and congressional
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Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.