Title: House Joint Resolution 907-First Edition
Category: Introduced Bill 2005

General Assembly of North Carolina	Session 2005

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
H	1
HOUSE JOINT RESOLUTION 907

Sponsors: | Representatives Stam and Daughtry (Primary Sponsors).
Referred to: | Rules, Calendar, and Operations of the House.
March 28, 2005

A JOINT RESOLUTION to create a judicial redistricting commission to recommend to the general assembly plans for redistricting in those superior court and district court districts that have divided counties.
Be it resolved by the House of Representatives, the Senate concurring:
SECTION 1.(a)  Establishment and Membership. – There is established the Independent Judicial Redistricting Commission to consist of seven persons appointed as follows:
(1)	One by the President Pro Tempore of the Senate;
(2)	One by the Majority leader of the Senate;
(3)	One by the Minority leader of the Senate;
(4)	One by the Speaker of the House of Representatives;
(5)	One by the Majority leader of the House of Representatives;
(6)	One by the Minority leader of the House of Representatives; and
(7)	One by the Chief Justice of the Supreme Court.
SECTION 1.(b)  Term of Office; Vacancies, Chair. – The members of the Independent Judicial Redistricting Commission shall take office as soon as appointed under this resolution. Their terms expire December 31, 2006. Any vacancy occurring in the membership of the Commission shall be filled for the remainder of the unexpired term by the officer who appointed the vacating member. If the party majority changes in a chamber, the reference to majority or minority leader refers to the leader of the party in that chamber of the same political party of the original appointing authority. The Commission shall elect from its members a Chair, who will serve throughout the term of the Commission unless replaced by vote of the Commission.
SECTION 1.(c)  Eligibility. – To be eligible for appointment to and service on the Independent Judicial Redistricting Commission, a person must be and remain a resident of North Carolina. No person may serve on the Commission who has held elective public office or been a candidate for elective public office in the four years prior to commencement of service on the Commission. If a member files for election or files with the State Board of Election a campaign finance report to support a candidacy, that member must resign.
SECTION 1.(d)  Judicial Plans. – The Independent Judicial Redistricting Commission shall recommend, in accordance with subsection (e) of this section, plans for revising the Superior Court and District Court districts where there is a set of districts as defined in G.S. 7A‑41.1 or G.S. 7A‑200 and a county was divided in creation of the district. The General Assembly shall, promptly and without amendment, approve or reject the judicial district plans recommended by the Commission. If the General Assembly rejects a plan recommended by the Commission, the Commission shall revise that plan and recommend the revised plan. The General Assembly shall, promptly and without amendment, approve or reject the revised plan.
SECTION 1.(e)  Preparation and Adoption of Plans. – The Independent Judicial Redistricting Commission shall adopt district plans as required by subsection (d) of this section no later than July 1, 2005. The Commission may consider the residence of incumbent judge, subject to subdivision (10) of subsection (g) of this section. In preparing or adopting its plans, the Commission shall not consider the following information:
(1)	The political affiliation of voters;
(2)	Voting data from previous elections; and
(3)	Demographic data from sources other than the United States Bureau of the Census. 
SECTION 1.(f)  Restriction on Use of Certain Census Data. – Racial and ethnic census data shall be used only for purposes of compliance with the United States Constitution and laws enacted pursuant thereto.
SECTION 1.(g)  Criteria for Redistricting. – In district plans, the Independent Judicial Redistricting Commission shall adhere to the following criteria in the order of precedence in which they appear below:
(1)	Significant weight shall be given to the equality of population among districts within a set of districts, and in no event shall the overall range of deviation in the plans exceed ten percent (10%).
(2)	The voting rights of racial minorities shall not be abridged or denied in the formation of districts.
(3)	All districts shall consist of contiguous territory. Areas which meet at a point are not contiguous, except that if a whole precinct is used in a district, the fact that parts of that precinct internally meet at a point shall not violate this subdivision.
(4)	Census blocks shall not be divided in the drawing of districts.
(5)	It is desirable to avoid dividing precincts in the drawing of districts.
(6)	Districts shall be drawn so as to avoid the unnecessary division of cities.
(7)	Districts shall be geographically compact in form. In drawing such districts, populous adjacent territory shall not be bypassed to reach distant populous areas.
(8)	Districts shall be drawn so as to preserve existing communities of interest where that can be done in compliance with the standards listed above. For purposes of this subdivision, 'community of interest' means a recognizable area with similarities of interests, including, but not limited to, geographic, social, cultural, or historic interests, as well as commonality of communications.
(9)	Districts shall not be established with the intent and effect of diluting the voting strength of any person, group of persons, or members of any political party. 
(10)	Districts shall not be drawn for the purpose of favoring any incumbent.
SECTION 1.(h)  In Case Plan Held Invalid. – The Independent Judicial Redistricting Commission shall recommend a new district plan in the event that a plan it has recommended is held invalid.
SECTION 1.(i)  Federal Law. – In recommending any plan under this section, the Independent Judicial Redistricting Commission shall comply with all relevant requirements of the United States Constitution and acts of Congress.
SECTION 2.  The expenses of the Independent Judicial Redistricting Commission shall be paid from funds already appropriated to the General Assembly.
SECTION 3.  This resolution is effective upon ratification.

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