AJR63: Joint Resolution Text

LRB-2076/2

SRM:jld:jf

2009 - 2010 LEGISLATURE

2009 Assembly JOINT RESOLUTION 63

June 30, 2009 - Introduced by Representatives Kessler, Black, Grigsby, Turner and A. Williams, cosponsored by Senator Taylor. Referred to Committee on State Affairs and Homeland Security.

AJR63,1,5 To amend section 3 of article IV and section 9 of article XIII; and to create section 14 of article XIII of the constitution; relating to: excluding incarcerated, disenfranchised felons from the enumeration of population for apportionment and redistricting of legislative, county, and certain other district offices (first consideration).

Analysis by the Legislative Reference Bureau

This proposed constitutional amendment, proposed to the 2009 legislature on first consideration, excludes incarcerated felons who are disenfranchised by law from the census count used for redistricting legislative, county, and other districts used to select statutory elective officers. A proposed constitutional amendment requires adoption by two successive legislatures, and ratification by the people, before it can become effective.

AJR63,1,6 Resolved by the assembly, the senate concurring, That:

AJR63, s. 1 Section 1. Section 3 of article IV of the constitution is amended to read:

AJR63,2,2 [Article IV] Section 3. At its first session after each enumeration made by the authority of the United States, the legislature shall apportion and district anew the members of the senate and assembly, according to the number of inhabitants, excluding incarcerated felons who are disenfranchised by law.

AJR63, s. 2 Section 2. Section 9 of article XIII of the constitution is amended to read:

AJR63,2,15 [Article XIII] Section 9. All county officers whose election or appointment is not provided for by this constitution shall be elected by the electors of the respective counties, or appointed by the boards of supervisors, or other county authorities, as the legislature shall direct. All city, town and village officers whose election or appointment is not provided for by this constitution shall be elected by the electors of such cities, towns and villages, or of some division thereof, or appointed by such authorities thereof as the legislature shall designate for that purpose. All other officers whose election or appointment is not provided for by this constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people or appointed, as the legislature may direct. Any enumeration for the apportionment and redistricting of districts for the election of county officers shall exclude incarcerated felons who are disenfranchised by law.

AJR63, s. 3 Section 3. Section 14 of article XIII of the constitution is created to read:

AJR63,2,20 [Article XIII] Section 14. Any enumeration for the apportionment and redistricting of districts for the election of statutory officers of any municipality or other unit of government in this state shall exclude incarcerated felons who are disenfranchised by law.

AJR63, s. 4 Section 4. Numbering of new provision. The new section 14 of article XIII of the constitution created in this joint resolution shall be designated by the next higher open whole section number in that article if, before the ratification by the people of the amendment proposed in this joint resolution, any other ratified amendment has created a section 14 of article XIII of the constitution of this state. If one or more joint resolutions create a section 14 of article XIII simultaneously with the ratification by the people of the amendment proposed in this joint resolution, the sections created shall be numbered and placed in a sequence so that the sections created by the joint resolution having the lowest enrolled joint resolution number have the numbers designated in that joint resolution and the sections created by the other joint resolutions have numbers that are in the same ascending order as are the numbers of the enrolled joint resolutions creating the sections.

AJR63,3,10 Be it further resolved, That this proposed amendment be referred to the legislature to be chosen at the next general election and that it be published for 3 months previous to the time of holding such election.

AJR63,3,11 (End)