Why did the Arkansas AG reject the first April 2018 draft of the Citizens' Redistricting Commission constitutional amendment?
Apply this to your situation
This page answers the general question as of 2018. Ezel answers yours: what it means for your facts, under current Arkansas law, with citations.
Plain-English summary
David Couch submitted the first April 20, 2018 draft of an Arkansas constitutional amendment that would have created a seven-member independent Citizens' Redistricting Commission to draw congressional and state legislative districts every ten years. AG Leslie Rutledge rejected it. The reasons set the stage for the May 7 follow-up rejection (Opinion 2018-050) of a slightly revised version.
Two ambiguities drove the rejection:
- "Immediate family member." The proposal disqualified anyone whose immediate family had served as a constitutional officer, lobbyist, government employee, etc. But "immediate family member" was not defined in the measure. Voters could not tell whether that included grandchildren, cousins, in-laws, domestic partners, etc.
- "Arkansas public office." Commissioners were barred from holding any Arkansas public office for three years after their term, but the proposal did not define what counts as an Arkansas public office. Without a definition, voters could not tell whether the bar covered state, county, municipal, or special district offices.
Couch returned with a slight revision in May (Opinion 2018-050) but did not address these ambiguities, and the AG rejected it again. The proposal did not qualify for the November 2018 ballot.
Currency note
This opinion was issued in 2018. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Arkansas's redistricting framework still rests on Article 8 of the constitution and General Assembly action for congressional districts. Independent-commission proposals continue to surface in subsequent cycles. Anyone working on a current Arkansas redistricting initiative should consult current law.
Common questions
What is Article 8 of the Arkansas Constitution?
Article 8 establishes the Board of Apportionment, made up of the Governor, the Secretary of State, and the Attorney General. The Board draws state legislative districts every ten years. Couch's proposal would have repealed Article 8 and replaced the Board with an independent citizens' commission.
Why does "immediate family member" matter so much?
Because if the term is left undefined, the eligibility rule is impossible to apply consistently. Two different commission appointees could be evaluated under two different definitions. The Arkansas Supreme Court has consistently held that ballot titles using technical or undefined terms are insufficient because voters cannot judge what they are voting for.
What is the difference between this opinion and Opinion 2018-050?
This is the AG's first review of the Couch redistricting amendment, on April 20, 2018. Opinion 2018-050 is the AG's review of Couch's revised version, on May 7, 2018. The May version added some "honest, independent, and impartial" commitment language that the AG found also problematic. Together they trace the AG's escalating concerns with the proposal across drafts.
Why does the redistricting commission idea keep coming up?
Independent redistricting commissions are a national reform movement, especially after the 2010 Supreme Court decision in Citizens United and the 2015 Supreme Court decision approving Arizona's commission in Arizona State Legislature v. Arizona Independent Redistricting Commission. Sponsors in many states keep trying. Arkansas has not adopted one as of this writing.
Could the AG have just defined "immediate family member" and certified?
No. The AG has authority under Ark. Code Ann. § 7-9-107 to substitute a clearer ballot title where the underlying measure is sound. The AG does not have authority to add definitions to the constitutional text itself, and definitions matter for the operation of the amendment, not just the ballot title.
Background and statutory framework
The standards for AG ballot-title review under Ark. Code Ann. § 7-9-107 are well-developed in Arkansas case law:
- A ballot title cannot use technical or undefined terms that voters would have to guess at.
- A ballot title is insufficient if it omits an essential fact a voter would need (Bailey v. McCuen, 318 Ark. 277, 884 S.W.2d 938 (1994)).
- Where the underlying measure is internally inconsistent or ambiguous, no honest ballot title is possible (Roberts v. Priest, 341 Ark. 813, 20 S.W.3d 376 (2000)).
Citations
- Ark. Code Ann. § 7-9-107 (Supp. 2017)
- Ark. Const., art. 8 (Board of Apportionment)
- Becker v. Riviere, 270 Ark. 219, 604 S.W.2d 555 (1980)
- Bailey v. McCuen, 318 Ark. 277, 884 S.W.2d 938 (1994)
- Roberts v. Priest, 341 Ark. 813, 20 S.W.3d 376 (2000)
- Op. Att'y Gen. 2018-050 (the AG's May 7 follow-up rejection of the same effort)
Source
Original opinion text
Opinion No. 2018-036
April 20, 2018
David A. Couch
Attorney at Law
STATE OF ARKANSAS
ATTORNEY GENERAL
LESLI E RUTLEDGE
1501 North University, Suite 228
Little Rock, AR 72207
Dear Mr. Couch:
I am writing in response to your request for certification, pursuant to Ark. Code
Ann. § 7-9-107 (Supp. 2017), of the popular name and ballot title for a proposed
initiated measure.
At the outset, I wish to make clear to you that the decision to certify or reject
a popular name and ballot title is in no way a reflection of my view of the
merits of a particular proposal. I am not authorized to, and do not, consider
the merits of the measure when making a decision to certify or reject.
Section 7-9-107 of the Arkansas Code authorizes my office to 1) certify the
popular name and ballot title of a proposed measure, 2) substitute and certify the
popular name and ballot title, if practicable, or 3) reject the entire submission if
"the ballot title, or the nature of the issue, is presented in such manner that the
ballot title would be misleading" to voters. 1 The purpose of my review under
section 7-9-107 is to ensure that the popular name and ballot title honestly,
intelligibly, and fairly set forth the purpose of the proposed amendment or act.2 In
this way, voters will have a fair understanding of the issues presented by
referenced to the ballot title alone. 3
1 Ark. Code Ann. § 7-9-107(c) (Supp. 2017).
2 See Arkansas Women's Political Caucus v. Riviere, 283 Ark. 463, 466, 677 S.W.2d 846, 848
(1948).
3 Becker v. Riviere, 270 Ark. 219, 226, 604 S.W.2d 555, 558 ( 1980) (internal citations omitted).
323 C ENTE R STREET. SUITE 200 · LITTLE ROCK. ARKANSAS 72201
TELEPHON E (501 ) 682-2007 · FAX (501) 682-8084
A l"lKANSASAG.GOV David A. Couch, Esq.
Opinion No. 2018-036
Page 2
Section 7-9-107 neither requires nor authorizes this office to make legal
determinations concerning the merits of the proposed act or amendment, or
concerning the likelihood that it will accomplish its stated objective. In addition,
consistent with Arkansas Supreme Court precedent, unless the measure is "clearly
contrary to law,"4 this office will not require that a measure's proponents
acknowledge in the ballot title any possible constitutional infirmities.5
Consequently, this review has been limited primarily to a determination, pursuant
to the guidelines that have been set forth by the Arkansas Supreme Court,
discussed below, of whether the popular name and ballot title you have submitted
accurately and impartially summarize the provisions of your proposal.
REQUEST
You have requested certification, pursuant to Ark. Code Ann. § 7-9-107, of
the following popular name and ballot title for a proposed constitutional
amendment:
Popular Name
The Arkansas Citizens' Redistricting Commission Amendment of 2018
Ballot Title
This is an Amendment to the Arkansas Constitution that changes the
manner for the decennial redistricting of Arkansas' [sic]
congressional and state legislative districts. The Amendment
establishes a Citizens' Redistricting Commission (the Commission)
consisting of seven members. The Amendment provides that one of
the members shall be appointed by the Majority Leader of the House
of Representatives, one by the Minority Leader of the House of
Representatives, one by the Majority Leader of the Senate, and one
by the Minority Leader of the Senate. These four members of the
Commission shall choose three additional members of the
Commission by majority vote. No more than four of the members of
the Commission shall have any political party affiliation as
4 See Kurrus v. Priest, 342 Ark. 434, 445, 29 S.W.3d 669, 675 (2000); Donovan v. Priest, 326
Ark. 353, 359, 931 S.W.2d 119, 121 (1996); Plugge v. McCuen, 310 Ark. 654, 841 S.W.2d 139
(1992).
5 As part of my review, however, I may address constitutional concerns for consideration by the
measure's proponents. David A. Couch, Esq.
Opinion No. 2018-036
Page 3
determined by statewide voter registration and the three members
elected by the commissioner's [sic] shall not be affiliated with any
political party as determined by statewide voter registration. Each
member of the Commission shall be a registered voter in Arkansas
for the five years preceding their appointment and has [sic] voted in
each of the last two statewide general elections. A person is
ineligible to serve as a commissioner if the person or his/her
immediate family member currently or has at any time during the
five years preceding his or her appointment served as an elected or
appointed statewide or constitutional officer, a member of the United
States Congress, the Arkanas [sic] General Assembly or as a city or
county official. A person is ineligible to serve as a commissioner if
the person currently or at any time during the five years immediately
preceding his or her appointment has served as a federal, state or
local lobbyist. A person is ineligible to serve as a commissioner if
the person currently or at any time during the five years immediately
preceding his or her appointment is [sic] an employee of the federal,
state or local government, the United States Congress, the Arkansas
General Assembly or a constitutional officer. A person who is
retired from active duty in any branch of the United States Armed
Forces or currently serves or has previously served in the United
States Armed Forces Reserve is not ineligible as a result of such
military service. A person is ineligible to serve as a commissioner if
the person currently or at any time during the five years immediately
preceding his or her appointment is [sic] an employee or
compensated in any manner by the campaign committee of a
candidate for the United States Congress, the Arkansas General
Assembly or a statewide office or has been elected or appointed to a
position with a national, state or local political party organization in
the state, or has been employeed [sic] or has been compensated in
any manner by a national, state, or local political party organization
in this state. The appointments to the Commission shall be made
between January 15 and February 1 in years ending in one. At a
meeting called by the Secretary of State no later than February
15 [sic] the four members shall select within 14 days of the initial
meeting by majority vote the three additional members. Five
members of the Commission constitue [sic] a quorum and five or
more affirmative votes are required for any official action. A
commissioner may be removed from office by the Governor with the
concurrence of two-thirds of the Senate for substantial neglect of
duty, gross misconduct in office, or inability to discharge the duties David A. Couch, Esq.
Opinion No. 2018-036
Page 4
of the office. For any commissioner who does not complete his
term, the replacement commissioner shall be appointed in the
manner of the comm1ss10ners [sic] original appointment.
Commissioners shall have a term of office of ten years. In addition
to the five-year restrictions on certain public service prior to
becoming a commissioner, during the term of office and for three
years thereafter a commissioner shall be ineligible for registration as
a paid lobbyist or hold any Arkansas public office. The Commission
shall establish single-member congressional and legislative districts
using the following criteria in the following order of priority:
Districts shall be established on the basis of population and shall not
vary by more than one percent of the ideal population for such
districts, with the ideal population for each district determined by
dividing the number of districts to be established into the population
of the State, except as required to comply with the criteria following
below, United States Constitution and the Federal Voting Rights
Act; the districts shall be composed of contiguous territory; the
geographic integrity of any city, county, local neighborhood, or
community of interest shall be respected; districts shall be
reasonably compact. In no case shall a district have a population
that varies by more than five percent from the ideal district
population nor shall a district have a population that varies by more
than one percent from the average district population. The
Amendment provides that no district shall discriminate against or
favor a political party, incumbent legislator or member of Congress
and not drawn to augment or dilute the voting strength of a language
or racial minority group. The Amendment establishes the
procedures the Commission must follow for establishing the
legislative and congressional districts. The Amendment provides
that the Commission shall have standing in all legal actions. The
Amendment provides that the Department of Finance and
Administration shall submit to the legislature a reccomendation [sic]
for appropriation for adequate redistricting expenses and that the
legislature shall make the necessary appropriations by majority vote.
The Amedment [sic] repeals Article 8 of the Arkansas Constitution
that establishes a Board of Apportionment consisting of the
Governor, the Secretary of State and the Attorney General. That
Board currently establishes the State legislative districts. The
Amendment repeals Arkansas Code Sections 7-2-101 - 105 and
removes from the General Assembly the authority to establish the
districts for the United States Congress. The Amendment provides David A. Couch, Esq.
Opinion No. 2018-036
Page 5
that original jurisdiction is vested in the Arkansas Supreme Court to
compel the Commission to perform its duties.
GUIDELINES
The popular name is primarily a useful legislative device.6 It need not contain
detailed information or include exceptions that might be required of a ballot title,
but it must not be misleading or give partisan coloring to the merit of the
proposal. 7 The popular name is to be considered together with the ballot title in
determining the ballot title's sufficiency. 8
The ballot title must include an impartial summary of the proposed amendment or
act that will give the voter a fair understanding of the issues presented.9
According to the Court, a ballot title will not be legally sufficient unless it
"adequately inform[ s ]" the voters of the contents of a proposed amendment or act
so that they can make a "reasoned decision in the voting booth."10 A ballot title's
failure to "honestly and accurately reflect what is contained in the proposed [act
or] Amendment" may lead the Court to conclude that the "omission is
significant."11 The Court has also disagproved the use of terms that are "technical
and not readily understood by voters." 2 Without a definition of such terms in the
ballot title, the title may be deemed insufficient.13
Additionally, if information omitted from the ballot title is an "essential fact which
would give the voter serious ground for reflection, it must be disclosed."14 At the
6 Paffordv. Hall, 217 Ark. 734, 739, 233 S.W.2d 72, 75 (1950).
7 See, e.g., Chaney v. Bryant, 259 Ark. 294, 297, 532 S.W.2d 741, 743 (1976); Moore v. Hall, 229
Ark. 411, 316 S.W.2d 207 (1958). For a better understanding of the term "partisan coloring," see
infra note 18.
8 May v. Daniels, 359 Ark. 100, 105, 194 S.W.3d 771, 776 (2004).
9 Becker, 270 Ark. at 226, 604 S. W.2d at 558 (internal citations omitted).
10 Lange v. Martin, 2016 Ark. 337, 500 S.W.3d 154, at n. 2.
11 Id. at 9, 500 S.W.3d at 159.
12 Wilson v. Martin, 2016 Ark. 334, 9, 500 S.W.3d 160, 167.
13 Id., 500 S.W.3d at 167.
14 Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994). David A. Couch, Esq.
Opinion No. 2018-036
Page 6
same time, however, a ballot title must be brief and concise; 15 otherwise voters
could run afoul of Ark. Code Ann. § 7-5-309's five-minute limit in voting booths
when other voters are waiting in line. 16 The ballot title is not required to be
perfect, nor is it reasonable to expect the title to cover or anticipate every possible
legal argument the proposed measure might evoke.17 The title, however, must be
"free of any misleading tendency whether by amrlification, omission, or fallacy,
and it must not be tinged with partisan coloring."1 The ballot title must be honest
and impartial, 19 and it must convey an intelligible idea of the scope and
significance of a proposed change in the law. 20
Furthermore, the Court has confirmed that a ballot title cannot be approved if the
text of the proposed measure itself contributes to confusion and disconnect
between the language in the popular name and the ballot title and the language in
the measure.21 The Court concluded that "internal inconsistencies would
inevitably lead to confusion in drafting a popular name and ballot title and to
confusion in the ballot title itself."22 Where the effects of a proposed measure on
current law are unclear or ambiguous, it is impossible for me to perform my
statutory duty to the satisfaction of the Arkansas Supreme Court without (1)
clarification or removal of the ambiguities in the proposal itself, and (2)
conformance of the popular name and ballot title to the newly worded proposal.
15 See Ark. Code Ann. § 7-9-107(b).
16 Bailey, 318 Ark. at 284, 884 S. W .2d at 944.
17 Id. at 293, 884 S.W.2d at 946-47.
18 Id. at 284, 884 S.W.2d at 942. Language "tinged with partisan coloring" has been identified by
the Arkansas Supreme Court as language that "creates a fatally misleading tendency[,]" Crochet
v. Priest, 326 Ark. 338, 347, 931 S.W.2d 128, 133 (1996), or that "gives the voter only the
impression that the proponents of the proposed amendment wish to convey of the activity
represented by the words." Christian Civic Action Committee v. McCuen, 318 Ark. 241, 249, 884
S.W.2d 605, 610 (1994).
19 Becker v. McCuen, 303 Ark. 482, 489, 798 S.W.2d 71, 74 (1990).
2° Christian Civic Action Committee, 318 Ark. at 245, 884 S.W.2d at 607 (internal quotations
omitted).
21 Roberts v. Priest, 341 Ark. 813, 825, 20 S.W.3d 376, 382 (2000).
22 Id. David A. Couch, Esq.
Opinion No. 2018-036
Page 7
RESPONSE
It is my opinion-based on the above guidelines established by the Court-that
additions or changes to your ballot title are necessary in order to more fully and
correctly summarize your proposal. I cannot, however, at this time, fairly or
completely summarize the effect of your proposed measure to the electorate in a
popular name or ballot title without the resolution of some ambiguities in the text
of the measure itself. And thus I cannot determine precisely what changes to the
ballot title are necessary to fully and correctly summarize your proposal. It is
therefore not practicable, in my opinion, for me to try to substitute and certify a
more suitable and correct popular name and ballot title pursuant to Ark. Code
Ann. § 7-9-107(b).
DISCUSSION
I highlight below the more concerning ambiguities in the text of your proposal.
- As an initial matter, your proposal represents a substantial change to long-
standing Arkansas constitutional law by repealing Article 8 to the constitution,
as well as statutory law. Although you clearly state that towards the bottom of
your lengthy ballot title, in my opinion, the Court would want to see that
language higher and more prominent in the ballot title. Otherwise, m my
opinion, the ballot title does not sufficiently inform the voters. - Your ballot title states that "[a] person is ineligible to serve as a
commissioner if the person or his/her immediate family member" currently or
within the preceding five years has served in various appointive or elected
federal, state, county, or local offices (emphasis added). "Immediate family
member" is not defined in the ballot title. In my opinion, most voters would
interpret this term as meaning a close relative-whether by blood or by law-
such as a parent, spouse, child, or sibling, and maybe also as including
grandparents and grandchildren. 23
23 This definition of who constitutes an "immediate family member" is one commonly found in
the Arkansas Code. See, e.g., Ark. Code Ann. §§ 1 l-10-513(b)(2)(B) ("'immediate family
member' means a spouse, child, parent, brother, sister, grandchild, or grandparent of the
individual"), 16-90-703(8) ("'Immediate family' means a person's spouse, children, parents or
guardian, siblings, and grandparents, whether related by blood, adoption, or marriage"), 19-11-
701 ( l l) ('"Immediate family' means a spouse, children, parents, brothers and sisters, and
grandparents"), and 2 l-4-206(b )(2) ("'immediate family' means the father, mother, sister,
brother, husband, wife, child, grandmother, grandfather, grandchild, in-laws, or any individual
acting as parent or guardian of an employee). David A. Couch, Esq.
Opinion No. 2018-036
Page 8
Your proposal, in section 4(E)(vii), appears to define "immediate family
member" in much the same way, but then it goes on to include "anyone living
or residing in the same residence or household with the person or spouse, or
anyone acting or serving as an agent of the person." In my opinion, these last
two clauses broaden the definition to include people beyond what the average
voter would consider to be an "immediate family member." Moreover, it is
unclear whether the people included in those two clauses have to be family
members (and if so, how closely related) or whether they could include people
who are unrelated. For instance, "anyone living or residing in the same
residence or household" could describe a roommate or a lodger, while "anyone
acting or serving as an agent of the person" could describe the person's
attorney. Additionally, it is unclear whether "anyone living or residing in the
same residence or household with the person or the spouse" would include
people who live with the spouse who is legally separated from the person. In
short, the voters will need to know what constraints (if any) there are on those
final two clauses of that definition, and this will need to be made clear in a
ballot title. 24 - In subsection 4(A), you state that "[n]o more than four members of the
Commission shall have a political party affiliation . . . for the 5 years
immediately preceding his or her appointment to the Commission." This
statement is ambiguous. It is unclear whether those other commission
members are prohibited from having a political party affiliation for the full five
years prior to appointment or for any period during those preceding five years.
This same ambiguity also exists in subsection 4(B) of the measure. This aspect
of your proposal must be clarified. - In subsection 4(B), you state that "[n]o more than two members of the
Commission shall have the same political party affiliation . . . for the 5 years
immediately preceding his or her appointment ... " (see my reference to this
ambiguity in the above point). That subsection goes on to state that it "does
not preclude more than two" commissioners from having no political party
affiliation (emphasis added). This second sentence makes that subsection
24 I realize that your definition of "immediate family member" mirrors the definition in
Amendment 94 (codified at Ark. Const. art. 19, § 31 (Supp. 2017)), which established the
Independent Citizens Commission. However, that amendment was placed on the 2014 ballot by
the General Assembly pursuant to Article 19, section 22, not by popular initiative pursuant to
Amendment 7. Amendments proposed by the legislature are governed under a different standard
than those proposed by the people, see Thiel v. Priest, 342 Ark. 292, 28 S.W.3d 296 (2000);
Berry v. Hall, 232 Ark. 648, 339 S.W.2d 433 (1960). And this office has no authority to review
legislatively proposed amendments or their ballot titles. David A. Couch, Esq.
Opinion No. 2018-036
Page 9
unclear, in that it would be difficult for a voter to read that subsection-or
section 4 as a whole-and determine how many commissioners may have or
have had a political party affiliation and how many may not have or have had.
This aspect of your proposal must be clarified in a way that voters can
understand. - Section 5 of your measure states that the leader of the majority party and
the leader of the minority party in each legislative chamber will select the
initial four members of this redistricting commission. Section 6 then states that
these four commissioners will select three additional members (who are not
registered with any political party) by majority vote within 14 days of their
initial meeting. Your measure, however, makes no provision for what happens
if the initial commissioners become deadlocked 2-2 and cannot agree in their
selection of one or more of the three additional commissioners in that allotted
time. This will have to be clarified in your measure and ballot title so voters
will have a full understanding of how that process will work in order to aid
them in making a reasoned decision in the voting booth. - Section 11 defines "Arkansas public office" as "any elective or appointed
office in the executive or legislative branch of the government of this state, any
constitutional office, or a public office which is filled by appointment."
(Emphases added.) It is unclear what the difference is or what distinction you
are trying to draw between an "appointed office" and "a public office which is
filled by appointment." - In my opinion, the Court likely would see such terms used in your measure
such as "geographic or political units" (as used in section 12 and 13) and
"jurisdictions" (as used in section 14) as terms "not readily understood by
voters."25 In my view, these terms need defining. - Section 15 states that a district shall not "unfairly or unduly discriminate or
favor" a political party, an incumbent legislator or member of Congress, and so
forth. This phrase makes no sense in that it is unclear how a district, a
conceptual subdivision of the State's territory, could discriminate against or
favor anyone or anything. Furthermore, the words "unfairly" and "unduly" are
subjective terms that could mean different things to different voters, and thus
could lead to voter confusion. These qualifying words are also omitted from
that portion of your ballot title, which states only that districts "shall not
discriminate against or favor .... " Using these words in your measure and
25 See Wilson v. Martin, supra note 12 (and accompanying text). David A. Couch, Esq.
Opinion No. 2018-036
Page 10
omitting them from your ballot title leads to a disconnect between the measure
and ballot title, and thus is misleading. Finally, that section states that "[n]o
district ... shall be drawn for the purpose of augmenting or diluting the voting
strength of a language or racial minority [sic] group." It is unclear how a
language-a means of human communication-can vote or acquires a voting
strength. This section will need to be written more clearly and precisely so that
it can be adequately summarized and included in a ballot title. - Your measure, especially section 28, strongly suggests that the commission
would be able to be sued. This appears to represent an amendment by
implication or an implied exception to the State's constitutional right to
sovereign immunity. 26 If this is your intention, this would need to be clearly
stated so that voters would be fully informed of this change in constitutional
law.
As a final note, I believe a cautionary note is warranted in light of the significance
of the subject matter undertaken-apportionment and redistricting-and the
complexity and far-reaching effects of your proposal. I have to question whether
the Court would view your measure as one that the voters could readily understand
so as to be able to make a considered and informed choice in the voting booth.
Over the years, experience has shown a direct correlation between the length and
complexity of initiated measures and their susceptibility to a successful ballot title
challenge. The case of Page v. McCuen27 is exemplary of that point. In Page, the
Court pointed out that the measure at issue there was so all-encompassing that to
include every important factor of the measure in the ballot title would render the
title "so complex, detailed and lengthy that the Arkansas voter could not
intelligently make a choice on the title within the five minutes allowed in the
voting booth."28 The Court went on to note:
Although Amendment 7 to the Arkansas Constitution does not
specify a limit on the length of a proposal, the proposed measure
must be of a size capable of having a ballot title which will not only
convey the scope and import of the measure, but also impart a
26 Ark. Const. art 5, § 20 ("The State of Arkansas shall never be made defendant in any of her
courts."). See also Bd. of Trustees of Univ. of Arkansas v. Andrews, 2018 Ark. 12, *5, 535
S.W.3d 616, 619 (2018).
27 318 Ark. 342, 884 S. W.2d 951 ( 1994 ).
28 Page, 318 Ark. at 347, 884 S.W.2d at 954 (citing Dust v. Riviere, 277 Ark. 1, 638 S.W.2d 663
(1982)). David A. Couch, Esq.
Opinion No. 2018-036
Page 11
description of the proposal so voters can cast their votes intelligently
and with a fair understanding on the issue.29
The Court concluded that the proposed measure in that case was "so expansive
that it preclude[ d] the writing of an acceptable ballot title. "30
CONCLUSION
The ambiguities noted above are not necessarily all the ambiguities contained in
your proposal, but they are sufficiently serious to require me to reject your popular
name and ballot title. I am unable to substitute language in a ballot title for your
measure due to these ambiguities. Further, additional ambiguities may come to
light on review of any revisions of your proposal.
My office, in the certification of ballot titles and popular names, does not address
the merits, philosophy, or ideology of proposed measures. I have no constitutional
role in the shaping or drafting of such measures. My statutory mandate is
embodied only in Ark. Code Ann. § 7-9-107, and my duty is to the electorate.
Based on what has been submitted, my statutory duty is to reject your proposed
ballot title for the fore~oing reasons and instruct you to redesign the proposed
measure and ballot title. 1
Sincerely,
r--~ /' ~~k ~--==:::::-_;)- " / "/?-:. /""
LESLIE RUTLEDGE
Attorney General
Enclosure
29 Id.
30 Id.
31 Ark. Code Ann.§ 7-9-107(c). Popular Name
THE ARKANSAS CITIZENS' REDISTRICTING COMMISSION
AMENDMENT OF 2018
Ballot Title
THIS IS AN AMENDMENT TO THE ARKANSAS CONSTITUTION THAT
CHANGES THE MANNER FOR THE DECENNIAL REDISTRICTING OF
ARKANSAS' CONGRESSIONAL AND STATE LEGISLATIVE DISTRICTS.
THE AMENDMENT ESTABLISHES A CITIZENS' REDISTRICTING
COMMISSION (THE COMMISSION) CONSISTING OF SEVEN MEMBERS.
THE AMENDMENT PROVIDES THAT ONE OF THE MEMBERS SHALL BE
APPOINTED BY THE MAJORITY LEADER OF THE HOUSE OF
REPRESENTATIVES, ONE BY THE MINORITY LEADER OF THE HOUSE
OF REPRESENTATIVES, ONE BY THE MAJORITY LEADER OF THE
SENATE, AND ONE BY THE MINORITY LEADER OF THE SENATE.
THESE FOUR MEMBERS OF THE COMMISSION SHALL CHOOSE
THREE ADDITIONAL MEMBERS OF THE COMMISSION BY MAJORITY
VOTE. NO MORE THAN FOUR OF THE MEMBERS OF THE
COMMISSION SHALL HAVE ANY POLITICAL PARTY AFFILATION AS
DETERMINED BY STATEWIDE VOTER REGISTRATION AND THE
THREE MEMBERS ELECTED BY THE COMMISSIONER'S SHALL NOT
BE AFFILIATED WITH ANY POLITICAL PARTY AS DETERMINED BY
STATEWIDE VOTER REGISTRATION. EACH MEMBER OF THE
COMMISSION SHALL BE A REGISTERED VOTER IN ARKANSAS FOR
THE FIVE YEARS PRECEDING THEIR APPOINTMENT AND HAS VOTED
IN EACH OF THE LAST TWO STATEWIDE GENERAL ELECTIONS. A
PERSON IS INELIGIBLE TO SERVE AS A COMMISSIONER IF THE
PERSON OR HIS/HER IMMEDIATE FAMILY MEMBER CURRENTLY OR
HAS AT ANY TIME DURING THE FIVE YEARS PRECEDING HIS OR HER
APPOINTMENT SERVED AS AN ELECTED OR APPOINTED STATEWIDE
OR CONSTITUTIONAL OFFICER, A MEMBER OF THE UNITED STATES
CONGRESS, THE ARKANAS GENERAL ASSEMBLY OR AS A CITY OR
COUNTY OFFICIAL. A PERSON IS INELIGIBLE TO SERVE AS A
COMMISSIONER IF THE PERSON CURRENTLY OR AT ANY TIME
DURING THE FIVE YEARS IMMEDIATELY PRECEDING HIS OR HER
APPOINTMENT HAS SERVED AS A FEDERAL, STATE OR LOCAL
LOBBYIST. A PERSON IS INELIGIBLE TO SERVE AS A COMMISSIONER
IF THE PERSON CURRENTLY OR AT ANY TIME DURING THE FIVE
YEARS IMMEDIATELY PRECEDING HIS OR HER APPOINTMENT IS AN
EMPLOYEE OF THE FEDERAL, STATE OR LOCAL GOVERNMENT, THE
UNITED STATES CONGRESS, THE ARKANSAS GENERAL ASSEMBLY
OR A CONSTITUTIONAL OFFICER. A PERSON WHO IS RETIRED FROM
ACTIVE DUTY IN ANY BRANCH OF THE UNITED STATES ARMED
FORCES OR CURRENTLY SERVES OR HAS PREVIOUSLY SERVED IN THE UNITED STATES ARMED FORCES RESERVE IS NOT INELIGIBLE
AS A RESULT OF SUCH MILITARY SERVICE. A PERSON IS INELIGIBLE
TO SERVE AS A COMMISSIONER IF THE PERSON CURRENTLY OR AT
ANY TIME DURING THE FIVE YEARS IMMEDIATELY PRECEDING HIS
OR HER APPOINTMENT IS AN EMPLOYEE OR COMPENSATED IN ANY
MANNER BY THE CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE
UNITED STATES CONGRESS, THE ARKANSAS GENERAL ASSEMBLY
OR A STATEWIDE OFFICE OR HAS BEEN ELECTED OR APPOINTED TO
A POSITION WITH A NATIONAL, STATE OR LOCAL POLITICAL PARTY
ORGANIZATION IN THE STATE, OR HAS BEEN EMPLOYEED OR HAS
BEEN COMPENSATED IN ANY MANNER BY A NATIONAL, STATE, OR
LOCAL POLITICAL PARTY ORGANIZATION IN THIS STATE. THE
APPOINTMENTS TO THE COMMISSION SHALL BE MADE BETWEEN
JANUARY 15 AND FEBURARY 1 IN YEARS ENDING IN ONE. AT A
MEETING CALLED BY THE SECRETARY OF STATE NO LATER THAN
FEBRUARY 15 THE FOUR MEMBERS SHALL SELECT WITHIN 14 DAYS
OF THE INITIAL MEETING BY MAJORITY VOTE THE THREE
ADDITIONAL MEMBERS. FIVE MEMBERS OF THE COMMISSION
CONSTITUE A QUORUM AND FIVE OR MORE AFFIRMITIVE VOTES ARE
REQUIRED FOR ANY OFFICIAL ACTION. A COMMISSIONER MAY BE
REMOVED FROM OFFICE BY THE GOVERNOR WITH THE
CONCURRENCE OF TWO-THIRDS OF THE SENATE FOR SUBSTANTIAL
NEGLECT OF DUTY, GROSS MISCONDUCT IN OFFICE, OR INABILITY
TO DISCHARGE THE DUTIES OF THE OFFICE. FOR ANY
COMMISSIONER WHO DOES NOT COMPLETE HIS TERM, THE
REPLACEMENT COMMISSIONER SHALL BE APPOINTED IN THE
MANNER OF THE COMMISSIONERS ORIGINAL APPOINTMENT.
COMMISSIONERS SHALL HAVE A TERM OF OFFICE OF TEN YEARS. IN
ADDITION TO THE FIVE-YEAR RESTRICTIONS ON CERTAIN PUBLIC
SERVICE PRIOR TO BECOMING A COMMISSIONER, DURING THE
TERM OF OFFICE AND FOR THREE YEARS THEREAFTER A
COMMISSIONER SHALL BE INELIGIBLE FOR REGISTRATION AS A
PAID LOBBYIST OR HOLD ANY ARKANSAS PUBLIC OFFICE. THE
COMMISSION SHALL ESTABLISH SINGLE-MEMBER CONGRESSIONAL
AND LEGISLATIVE DISTRICTS USING THE FOLLOWING CRITERIA IN
THE FOLLOWING ORDER OF PRIORITY: DISTRICTS SHALL BE
ESTABLISHED ON THE BASIS OF POPULATION AND SHALL NOT VARY
BY MORE THAN ONE PERCENT OF THE IDEAL POPULATION FOR
SUCH DISTRICTS, WITH THE IDEAL POPULATION FOR EACH DISTRICT
DETERMINED BY DIVIDING THE NUMBER OF DISTRICTS TO BE
ESTABLISHED INTO THE POPULATION OF THE STATE, EXCEPT AS
REQUIRED TO COMPLY WITH THE CRITERIA FOLLOWING BELOW,
UNITED STATES CONSTITUTION AND THE FEDERAL VOTING RIGHTS
ACT; THE DISTRICTS SHALL BE COMPOSED OF CONTIGUOUS
TERRITORY; THE GEOGRAPHIC INTEGRITY OF ANY CITY, COUNTY,
LOCAL NEIGHBORHOOD, OR COMMUNITY OF INTEREST SHALL BE RESPECTED; DISTRICTS SHALL BE REASONABLY COMPACT. IN NO
CASE SHALL A DISTRICT HAVE A POPULATION THAT VARIES BY
MORE THAN FIVE PERCENT FROM THE IDEAL DISTRICT POPULATION
NOR SHALL A DISTRICT HAVE A POPULATION THAT VARIES BY MORE
THAN ONE PERCENT FROM THE AVERAGE DISTRICT POPULATION.
THE AMENDMENT PROVIDES THAT NO DISTRICT SHALL
DISCRIMINATE AGAINST OR FAVOR A POLITICAL PARTY, INCUMBENT
LEGISLATOR OR MEMBER OF CONGRESS AND NOT DRAWN TO
AUGMENT OR DILUTE THE VOTING STRENGTH OF A LANGUAGE OR
RACIAL MINORITY GROUP. THE AMENDMENT ESTABLISHES THE
PROCEDURES THE COMMISSION MUST FOLLOW FOR ESTABLISHING
THE LEGISLATIVE AND CONGRESSIONAL DISTRICTS. THE
AMENDMENT PROVIDES THAT THE COMMISSION SHALL HAVE
STANDING IN ALL LEGAL ACTIONS. THE AMENDMENT PROVIDES
THAT THE DEPARTMENT OF FINANCE AND ADMINSTRATION SHALL
SUBMIT TO THE LEGISLATURE A RECCOMENDATION FOR
APPROPRIATION FOR ADEQUATE REDISTRICTING EXPENSES AND
THAT THE LEGISLATURE SHALL MAKE THE NECESSARY
APPROPRIATIONS BY MAJORITY VOTE. THE AMEDMENT REPEALS
ARTICLE 8 OF THE ARKANSAS CONSTITUTION THAT ESTABLISHES A
BOARD OF APPORTIONMENT CONSISTING OF THE GOVERNOR, THE
SECRETARY OF STATE AND THE ATTORNEY GENERAL. THAT BOARD
CURRENTLY ESTABLISHES THE STATE LEGISLATIVE DISTRICTS. THE
AMENDMENT REPEALS ARKANSAS CODE SECTIONS 7-2-101-105 AND
REMOVES FROM THE GENERAL ASSEMBLY THE AUTHORITY TO
ESTABLISH THE DISTRICTS FOR THE UNITED STATES CONGRESS.
THE AMENDMENT PROVIDES THAT ORIGINAL JURISDICTION IS
VESTED IN THE ARKANSAS SUPREME COURT TO COMPEL THE
COMMISSION TO PERFORM ITS DUTIES. ARKANSAS CITIZENS' REDISTRICTING COMMISSION AMENDMENT
(1) The Senate shall consist of thirty-five members elected from each
of the thirty-five senatorial districts established pursuant to this
Amendment. Each district shall have one member.
(2) The House of Representatives shall be composed of one hundred
members elected from each of the one hundred representative districts
established pursuant to this Amendment. Each district shall have one
member.
(3) On or before March 1 of each year that ends in one, a Citizens'
Redistricting Commission ("The Commission") shall be established to
provide for the redistricting of congressional and state legislative
districts. The Commission shall conduct the state's decennial
congressional and legislative redistricting, including, but not limited to,
preparing and adopting redistricting plans and conducting public
hearings on proposed plans.
(4) The Commission shall consist of seven private citizens who meet
the requirements of this section.
A. No more than four members of the Commission shall have a
political party affiliation as determined by statewide voter registration for
the 5 years immediately preceding his or her appointment to the
Commission.
B. No more than two members of the Commission shall have
the same political party affiliation as determined by statewide voter
1 registration for the 5 years immediately preceding his or her appointment
to the Commission. This subsection does not preclude more than two
members of the Commission from having no political party affiliation as
determined by statewide voter registration records.
C. Of the seven members of the Commission, no more than two
members shall reside in the same congressional district.
D. Each member shall be a registered Arkansas voter who has
been continuously registered with the same political party or registered
as unaffiliated with a political party for five or more years immediately
preceding appointment, who has voted in each of the last two statewide
general elections immediately preceding his or her appointment to the
Commission, and who is committed to applying the provisions of this
section in an honest, independent and impartial fashion and to
upholding public confidence in the integrity of the redistricting process.
E. A person is ineligible to serve on the Commission if the
person or his or her immediate family member:
i. Has served, at any time during the 5 years
immediately preceding his or her appointment to the Commission, or
currently serves as an elected or appointed statewide or constitutional
officer, as a member of the United States Congress or the General
Assembly, or as a city or county official.
2 IL Has served, at any time during the 5 years
immediately preceding his or her appointment to the Commission, or
currently serves as a federal, state, or local lobbyist.
iii. Has served, at any time during the 5 years
immediately preceding his or her appointment to the Commission, or
currently serves as an employee of one of the following: - The Federal, State, or local Government.
- The United States Congress.
- The General Assembly.
- A constitutional officer.
For purposes of this paragraph, a person who has
retired from active duty in any branch of the United States Armed Forces
or currently serves or has previously served in the United States Armed
Forces Reserve is not ineligible as a result of such military service.
iv. Has been employed or compensated, at any time
during the 5 years immediately preceding his or her appointment to the
Commission, or is currently employed or compensated in any manner by
the campaign committee of a candidate for United States Congress, the
General Assembly, or statewide office.
v. Has been elected or appointed to a position with a
national, state, or local political party organization in the state.
3 vi. Has been employed or has been compensated in any
manner by a national, state, or local political party organization in the
state.
vii. For purposes of this subsection, the term "immediate
family member" means a person's spouse, a child of the person or
spouse, a child's spouse, a parent of the person or the spouse, a brother
or sister of the person or the spouse, anyone living or residing in the
same residence or household with the person or the spouse, or anyone
acting or serving as an agent of the person.
(5) Appointments to the Commission shall be made in the order and
manner set forth below. Between January 15 and February 1 of years
ending in one, the majority party leader of the Arkansas House of
Representatives shall make one appointment to the Commission,
followed by one appointment made in turn by each of the following: the
minority party leader of the Arkansas House of Representatives, the
majority party leader of the Arkansas Senate, and the minority party
leader of the Arkansas Senate. Any official who fails to make an
appointment within the specified time period will forfeit the appointment
privilege and the privilege will go to the next highest-ranking member of
the party whose member failed to make the appointment. In the event
that there are two or more minority parties within the House or the
Senate, the leader of the largest minority party by statewide party
registration shall make the appointment. Each of the officials making
4 appointments to the Commission according to Section 5 shall appoint an
individual who has the same political party affiliation, determined by
statewide voter registration, as the respective official making the
appointment.
(6) At a meeting called by the Secretary of State no later than
February 15 the four Commission members shall select by majority vote
three additional members who shall not be registered with any political
party (or have been in the previous 5 years). The appointments shall be
made within 14 days of the initial meeting called by the Secretary of
State.
(7) The seven Commission members shall select, by majority vote, one
of the seven commissioners to serve as chair of the Commission. The
seven commissioners shall then select by majority vote one of their
members to serve as vice-chair.
(8) After having been served written notice and provided with an
opportunity for a response, a member of the Commission may be
removed by the governor, with the concurrence of two-thirds of the
senate, for substantial neglect of duty, gross misconduct in office, or
inability to discharge the duties of office.
(9) If a commissioner or chair does not complete the term of office for
any reason ("outgoing commissioner"), a replacement commissioner shall
be appointed in the manner of the outgoing commissioner's original
appointment as prescribed in Sections 5 or 6. The appointment of a
5 replacement commissioner or chair shall be made within fourteen days.
The newly appointed commissioner shall serve out the remainder of the
original term.
(10) Five comm1ss10ners, including the chair or vice-chair,
constitute a quorum. Five or more affirmative votes are required for any
official action. Where a quorum is present, the Commission shall conduct
business in meetings open to the public, with at least 72 hours public
notice provided. The Commission is subject to all aspects of Arkansas
open meetings and freedom of information law.
(11) A commissioner, during the Commissioner's term of office
and for three years thereafter, shall be ineligible for registration as a paid
lobbyist or to hold any Arkansas public office, meaning any elective or
appointed office in the executive or legislative branch of the government
of this state, any constitutional office, or a public office which is filled by
appointment. The General Assembly shall make such laws as are
necessary to enforce this restriction and to punish violations.
(12) The Commission, or the Department of Finance and
Administration acting on the Commission's behalf, shall acquire, as soon
as practicable, appropriate information and develop programs and
procedures in preparation for drawing congressional and legislative
redistricting plans on the basis of each federal census. The Commission,
or the Department of Finance and Administration acting on the
Commission's behalf, shall obtain, as soon as practicable, from the
6 United States bureau of the Census information regarding geographic
and political units in this state for which federal census population data
has been gathered and will be tabulated. The Commission, or the
Department of Finance and Administration acting on the Commission's
behalf, shall use the data so obtained to:
A. Prepare necessary descriptions of geographic and political
units for which census data will be reported, and which are suitable for
use as components of legislative districts.
B. Prepare maps of counties, cities and other geographic units
within the state, which may be used to illustrate the locations of
legislative district boundaries proposed in plans drawn in accordance
with section 14.
(13) As soon as possible after February 1 of each year ending in
one, the Commission, or the Department of Finance and Administration
acting on the Commission's behalf, shall obtain from the United States
Bureau of the Census the population data needed for congressional and
legislative districting which the census bureau is required to provide this
state under United States Pub. L. No. 94-171, and shall use that data to
assign a population figure based upon certified federal census data to
each geographic or political unit described pursuant to subsection 12(A)
Upon completing that task, the Commission shall begin the preparation
of congressional and legislative districting plans.
7 (14) The Commission shall establish single-member
congressional and legislative districts using the following criteria as set
forth in the following order of priority:
A. Legislative, or "senatorial" and "representative" districts, and
congressional districts shall be established on the basis of population.
Legislative and congressional districts, respectively, shall have a
population as nearly equal as practicable to the ideal population for such
districts. Ideal population is determined by dividing the number of
districts to be established into the population of the state reported in the
federal decennial census.
i. Legislative districts shall have a population which
vanes by no more than one percent from the applicable ideal district
population, except as required to comply with 14(B) through 14(G).
Before adopting a redistricting plan, the Commission shall issue a report
justifying any deviation of a district's population in excess of one percent
of the applicable ideal district population. In no case shall a district have
a population which varies by more than five percent from the applicable
ideal district population, nor 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
8 representative district shall have a population which exceeds that of any
other representative district by more than five percent.
ii. No congressional district shall have a population
which varies by more than one percent from the applicable ideal district
population, except as necessary to ensure that a congressional district
with more than one county shall not be separated entirely by a county
belonging to another congressional district.
B. Districts shall adhere to the United States Constitution and
the federal Voting Rights Act.
C. Districts shall be composed of contiguous territory. Areas
which meet only at the points of adjoining corners are not contiguous.
Contiguousness means that a person can reach any point in a district
without having to cross that district's boundary.
D. The geographic integrity of any city, county, local
neighborhood, or community of interest shall be respected in a manner
that minimizes their division to the extent possible without violating the
requirements of any of the preceding subdivisions. A community of
interest is a contiguous population which shares common social, ethnic,
or economic interests that should be included within a single district for
purposes of its effective and fair representation. Communities of interest
shall not include relationships with political parties, incumbents, or
political candidates.
9 E. Districts shall be reasonably compact in form. In general,
reasonably compact districts are those which are not irregularly shaped,
to the extent permitted by natural or political boundaries, and the
compactness of a district is greatest when the length of the district and
the width of the district are equal, and when the distance needed to
traverse the perimeter boundary of a district is as short as possible.
F. To the extent practicable, district boundaries shall use
visible geographic features, coincide with the boundaries of political
subdivisions of the state, and include undivided census tracts. The
Commission shall minimize the number of divided counties, cities, and
census tracts in that order. If a district is entirely contained within a
single jurisdiction, that district shall not be considered to divide that
jurisdiction. If a city is in more than one county, the city shall not be
considered divided so long as all portions of that city within a county are
contained entirely within a single district. Where feasible, no jurisdiction
shall be divided more than once.
(15) No district shall unfairly or unduly discriminate or favor a
political party, incumbent legislator or member of Congress, or other
person or group, nor be drawn for the purpose of augmenting or diluting
the voting strength of a language or racial minority group, except as
required to comply with federal law.
(16) The Commission shall establish the legislative and
congressional districts according to the following procedures:
10 A. At any time pnor to finalizing a redistricting plan, the
Commission shall conduct at least one public hearing in each
congressional district in this state, after providing adequate advance
notice to the public so that any interested citizens have a reasonable
opportunity to express their views with regard to redistricting plans.
B. The Commission shall develop and maintain a public website
making available all data used or considered by the Commission and
containing the following: copies of all proposed plans or maps, with
population and demographic data for each district; transcripts of all
meetings of the Commission; and copies of all written reports or other
materials required by this Amendment to be prepared by the Commission
or the department of finance and administration.
C. The Commission shall develop at least three (3) draft maps of
congressional districts and at least three (3) draft maps of legislative
districts based on the parameters set forth in Section 14 to this
Amendment, and present, including publishing on the internet, such
draft districts to the public for comment, which comment shall be taken
for at least thirty (30) days. In establishing these draft districts, the
Commission shall not use any of the following data:
i. Addresses of incumbent legislators or members of
Congress.
ii. Political affiliations of registered voters.
iii. Voting history
11 iv. Previous election results.
D. Upon presenting the draft maps of districts to the public for
comment, the Commission shall use and make public the data listed in
Section (16)(A)(ii)-(iv) to evaluate compliance of the draft districts with
Section 15 and any applicable criteria in Section 14. The Commission
shall then establish final district boundaries.
(17) If a challenge is filed with the supreme court alleging
excessive population variance among districts established in a plan
adopted by the Commission, the Commission has the burden of
justifying any variance in excess of one percent between the population
of a district and the applicable ideal district population.
( 18) The provisions regarding this section are self-executing. The
Commission shall certify to the Secretary of State the establishment of
congressional and legislative districts on or before October 31 in years
ending in one ( 1).
(19) Consistent with Article 5, Section 3 of the Arkansas
Constitution, after establishment of legislative districts, the qualified
electors of each senate district shall elect a senator in the next election in
the year ending in two (2), and at the first session of the newly elected
senate, the senators shall divide themselves into two classes, by lot, and
the first class shall hold their places for two years only, after which all
shall be elected for four years.
12 (20) The Department of Finance and Administration or its
successor shall submit to the legislature, prior to each regular session of
the General Assembly beginning with January 2019, a recommendation
for an appropriation for adequate redistricting expenses, including for
necessary software and other materials, and shall make available
adequate office space for the operation of the Commission. The
legislature shall make the necessary appropriations by a majority vote.
(21) The Commission, with fiscal oversight from the Department
of Finance and Administration or its successor, shall have procurement
and contracting authority, may buy materials, including software, and
may hire staff and consultants for the purposes of this section, including
legal representation.
(22) The Commission shall have standing in legal actions
regarding the redistricting plan and the adequacy of resources provided
for the operation of the Commission.
(23) Members of the Commission are eligible for reimbursement
of expenses pursuant to law including a per diem of up to $200.00. This
amount may be increased by the General Assembly by a majority vote.
(24) Employees of the Department of Finance and Administration
or its successor shall not influence or attempt to influence the district-
mapping decisions of the Commission.
(25) Each commissioner's term of office shall be either ten years
from the date of the commissioner's appointment or until the date of
13 appointment of the first member of the next redistricting commission.
Each commissioner's duties established by this section expire upon
completion of the commissioner's ten-year term or upon the appointment
of the first member of the next redistricting commission; however,
commissioners may be reappointed following the procedures in Sections
4 or 5 herein. The Commission shall not meet or incur expenses after the
redistricting plan is completed, except if litigation or any government
approval of the plan is pending, or to revise districts if required by court
decisions or if the number of congressional or legislative districts is
changed.
(26) Article 8 of the Arkansas Constitution is hereby repealed in
its entirety.
(27) The authority for apportionment and redistricting of districts
for U.S. Congress is hereby removed from the General Assembly and
vested in the Commission. Arkansas Code Annotated sections 7-2-101 -
105 are hereby repealed in their entirety.
(28) Original Jurisdiction (to be exercised on application of citizen
and taxpayer) is hereby vested in the Supreme Court of this State to
compel (by mandamus, contempt, or otherwise) the Commission to
perform its duties, including but not limited to the adoption of a plan
according to Sections 10 and 18 of this Amendment.
(29) In the event any section, subsection, subdivision, paragraph,
subparagraph, item, sentence, clause, phrase, or word of this
14 amendment is declared or adjudged to be invalid or unconstitutional,
such declaration or adjudication shall not affect the remaining portions
of this amendment, which shall remain in full force and effect as if the
portion so declared or adjudged invalid or unconstitutional was not
originally a part of this amendment.
15
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