05 LC
14 8991
House
Bill 168
By:
Representatives Franklin of the
43rd,
Keen of the
179th,
Cooper of the
41st,
Burkhalter of the
50th,
Lane of the
167th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 21 of the Official Code of Georgia Annotated, relating to elections,
and Title 28 of the Official Code of Georgia Annotated, relating to the General
Assembly, so as to specify requirements applicable to legislative and
congressional reapportionment; to provide for related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
21 of the Official Code of Georgia Annotated, relating to elections, is amended
by adding a new subsection at the end of Code Section 21-1-1, relating to
definitions and descriptions for use in designating congressional districts, to
be designated subsection (d), to read as follows:
"(d)(1)
The General Assembly shall by general law apportion congressional districts in
accordance with the following:
(A)
All districts shall comply with the United States Constitution and the Voting
Rights Act of 1965, as amended;
(B)
All districts shall be composed of contiguous territory. Districts that connect
on a single point are not contiguous;
(C)
All districts shall be compact in form. Bizarre shapes shall be
avoided;
(D)
No district shall divide a community of interest unless necessary to comply with
federal standards. A community of interest may be defined by a variety of
factors, including, but not limited to, economic, social, and cultural factors,
government services, and location;
(E)
Districts shall divide as few counties and recognized political boundaries as is
practicable to comply with the other requirements in this subsection;
and
(F)
No district shall be established with the intent or effect of diluting the
voting strength of any person, group of persons, or members of any political
party. Data reflecting past partisan voting behavior shall not be solely
considered.
(2)
None of the criteria specified in paragraph (1) of this subsection shall be
afforded greater weight than any other criteria. Minor deviations from one or
more of such criteria shall be permitted if necessary to conform a plan to the
other criteria specified in paragraph (1) of this subsection. The requirements,
however, of the United States Constitution and the Voting Rights Act of 1965, as
amended, shall be given priority should those requirements conflict with any
other
criteria."
SECTION
2.
Title
28 of the Official Code of Georgia Annotated, relating to the General Assembly,
is amended by adding a new subsection at the end of Code Section 28-1-1,
relating to membership and apportionment of the General Assembly, to be
designated subsection (c), to read as follows:
"(c)(1)
The General Assembly shall by general law apportion representative districts and
senatorial districts in accordance with the following:
(A)
All districts shall comply with the United States Constitution and the Voting
Rights Act of 1965, as amended;
(B)
All districts in an apportionment plan for the Senate or House of
Representatives shall have a deviation of not more than plus or minus 2.5
percent from the ideal population size to ensure that each person to be elected
under such plan represents, as nearly as possible, an equal number of
inhabitants of the state;
(C)
All districts shall be composed of contiguous territory. Districts that connect
on a single point are not contiguous;
(D)
All districts shall be compact in form. Bizarre shapes shall be
avoided;
(E)
No district shall divide a community of interest unless necessary to comply with
federal standards. A community of interest may be defined by a variety of
factors, including, but not limited to, economic, social, and cultural factors,
government services, and location;
(F)
Districts shall divide as few counties and recognized political boundaries as is
practicable to comply with the other requirements in this subsection;
(G)
No district shall be established with the intent or effect of diluting the
voting strength of any person, group of persons, or members of any political
party. Data reflecting past partisan voting behavior shall not be solely
considered; and
(H)
Single-member districts shall be used in all cases and multimember districts
shall be prohibited.
(2)
None of the criteria specified in paragraph (1) of this subsection shall be
afforded greater weight than any other criteria. Minor deviations from one or
more of such criteria shall be permitted if necessary to conform a plan to the
other criteria specified in paragraph (1) of this subsection. The requirements,
however, of the United States Constitution and the Voting Rights Act of 1965, as
amended, shall be given priority should those requirements conflict with any
other
criteria."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.