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Article XI, Ohio Constitution

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Ohio Constitution
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Preamble
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Article XI of the Ohio Constitution is entitled Apportionment and consists of 15 sections.

Section 1

Text of Section 1:

Persons Responsible for Apportionment of State for Members of General Assembly

The governor, auditor of state, secretary of state, one person chosen by the speaker of the House of Representatives and the leader in the Senate of the political party of which the speaker is a member, and one person chosen by the legislative leaders in the two houses of the major political party of which the speaker is not a member shall be the persons responsible for the apportionment of this state for members of the general assembly. Such persons, or a majority of their number, shall meet and establish in the manner prescribed in this Article the boundaries for each of ninety-nine House of Representative districts and thirty-three Senate districts. Such meeting shall convene on a date designated by the governor between August 1 and October 1 in the year one thousand nine hundred seventy-one and every tenth year thereafter. The governor shall give such persons two weeks advance notice of the date, time, and place of such meeting. The governor shall cause the apportionment to be published no later than October 5 of the year in which it is made, in such manner as provided by law.

Section 2

Text of Section 2:

Ratio of Representation in House and Senate

The apportionment of this state for members of the General Assembly shall be made in the following manner: The whole population of the state, as determined by the federal decennial census or, if such is unavailable, such other basis as the General Assembly may direct, shall be divided by the number “ninetynine” and the quotient shall be the ratio of representation in the House of Representatives for ten years next succeeding such apportionment. The whole population of the state as determined by the federal decennial census or, if such is unavailable, such other basis as the General Assembly may direct, shall be divided by the number “thirty-three” and the quotient shall be the ratio of representation in the Senate for ten years next succeeding such apportionment.

Section 3

Text of Section 3:

Population of Each House of Representatives District

The population of each House of Representatives district shall be substantially equal to the ratio of representation in the House of Representatives, as provided in section 2 of this Article, and in no event shall any House of Representatives district contain a population of less than ninety-five per cent nor more than one hundred five per cent of the ratio of representation in the House of Representatives, except in those instances where reasonable effort is made to avoid dividing a county in accordance with section 9 of this Article.

Section 4

Text of Section 4:

Population in Each Senate District

The population of each Senate district shall be substantially equal to the ratio of representation in the Senate, as provided in section 2 of this Article, and in no event shall any Senate district contain a population of less than ninety-five per cent nor more than one hundred five per cent of the ratio of representation in the senate as determined pursuant to this Article.

Section 5

Text of Section 5:

Representation for Each House and Senate District

Each House of Representatives district shall be entitled to a single representative in each General Assembly. Every Senate district shall be entitled to a single senator in each General Assembly.

Section 6

Text of Section 6:

Creation of District Ct Boundaries; Change at End of Decennial Period

District boundaries established pursuant to this Article shall not be changed until the ensuing federal decennial census and the ensuing apportionment or as provided in section 13 of this Article, notwithstanding the fact that boundaries of political subdivisions or city wards within the district may be changed during that time. District boundaries shall be created by using the boundaries of political subdivisions and city wards as they exist at the time of the federal decennial census on which the apportionment is based, or such other basis as the General Assembly has directed.

Section 6a

Text of Section 6a:

Repealed

Provided additional senators for districts with a ratio of representation greater than one. (1956, rep. 1967)

Section 7

Text of Section 7:

Boundary Lines of House of Representatives Districts

(A) Every House of Representatives district shall be compact and composed of contiguous territory, and the boundary of each district shall be a single nonintersecting continuous line. To the extent consistent with the requirements of section 3 of this Article, the boundary lines of districts shall be so drawn as to delineate an area containing one or more whole counties.

(B) Where the requirements of section 3 of this Article cannot feasibly be attained by forming a district from a whole county or counties, such district shall be formed by combining the areas of governmental units giving preference in the order named to counties, townships, municipalities, and city wards.

(C) Where the requirements of section 3 of this Article cannot feasibly be attained by combining the areas of governmental units as prescribed in division (B) of this section, only one such unit may be divided between two districts, giving preference in the selection of a unit for division to a township, a city ward, a city, and a village in the order named.

(D) In making a new apportionment, district boundaries established by the preceding apportionment shall be adopted to the extent reasonably consistent with the requirements of section 3 of this Article.

Section 8

Text of Section 8:

Determination of Number of House of Representatives Districts within Each County

A county having at least one House of Representatives ratio of representation shall have as many House of Representatives districts wholly within the boundaries of the county as it has whole ratios of representation. Any fraction of the population in excess of a whole ratio shall be a part of only one adjoining House of Representatives district. The number of whole ratios of representation for a county shall be determined by dividing the population of the county by the ratio of representation for the House of Representatives determined under section 2 of this Article.

Section 9

Text of Section 9:

When Population of County is Fraction of Ratio of Representation

In those instances where the population of a county is not less than ninety percent nor more than one hundred ten percent of the ratio of representation in the House of Representatives, reasonable effort shall be made to create a House of Representatives district consisting of the whole county.

Section 10

Text of Section 10:

Division of State into House Districts; Standards

The standards prescribed in sections 3, 7, 8, and 9 of this Article shall govern the establishment of House of Representatives districts, which shall be created and numbered in the following order to the extent that such order is consistent with the foregoing standards:

(A) Each county containing population substantially equal to one ratio of representation in the House of Representatives, as provided in section 2 of this Article, but in no event less than ninety-five per cent of the ratio nor more than one hundred five per cent of the ratio shall be designated a representative district.

(B) Each county containing population between ninety and ninety-five percent of the ratio or between one hundred five and one hundred ten per cent of the ratio may be designated a representative district.

(C) Proceeding in succession from the largest to the smallest, each remaining county containing more than one whole ratio of representation shall be divided into House of Representatives districts. Any remaining territory within such county containing a fraction of one whole ratio of representation shall be included in one representative district by combining it with adjoining territory outside the county.

(D) The remaining territory of the state shall be combined into representative districts.

Section 11

Text of Section 11:

Senate Districts; Formation

Senate districts shall be composed of three contiguous House of Representatives districts. A county having at least one whole Senate ratio of representation shall have as many Senate districts wholly within the boundaries of the county as it has whole Senate ratios of representation. Any fraction of the population in excess of a whole ratio shall be a part of only one adjoining Senate district. Counties having less than one Senate ratio of representation, but at least one House of Representatives ratio of representation shall be part of only one Senate district. The number of whole ratios of representation for a county shall be determined by dividing the population of the county by the ratio of representation in the Senate determined under section 2 of this Article. Senate districts shall be numbered from one through thirty-three and as provided in section 12 of this Article.

Section 12

Text of Section 12:

Term of Senators on Change of District Boundaries of Senate

At any time the boundaries of Senate districts are changed in any plan of apportionment made pursuant to any provision of this Article, a senator whose term will not expire within two years of the time the plan of apportionment is made shall represent, for the remainder of the term for which he was elected, the Senate district which contains the largest portion of the population of the district from which he was elected, and the district shall be given the number of the district from which the senator was elected. If more than one senator whose term will not so expire would represent the same district by following the provisions of this section, the persons responsible for apportionment, by a majority of their number, shall designate which senator shall represent the district and shall designate which district the other senator or senators shall represent for the balance of their term or terms.

Section 13

Text of Section 13:

Jurisdiction of Supreme Court, Effect of Determination of Unconstitutionality; Apportionment

The Supreme Court of Ohio shall have exclusive, original jurisdiction in all cases arising under this Article. In the event that any section of this constitution relating to apportionment or any plan of apportionment made by the persons responsible for apportionment, by a majority of their number, is determined to be invalid by either the Supreme Court of Ohio, or the Supreme Court of the United States, then notwithstanding any other provisions of this constitution, the persons responsible for apportionment by a majority of their number shall ascertain and determine a plan of apportionment in conformity with such provisions of this constitution as are then valid, including establishing terms of office and election of members of the General Assembly from districts designated in the plan, to be used until the next regular apportionment in conformity with such provisions of this constitution as are then valid. Notwithstanding any provision of this constitution or any law regarding the residence of senators and representatives, a plan of apportionment made pursuant to this section shall allow thirty days for persons to change residence in order to be eligible for election. The governor shall give the persons responsible for apportionment two weeks advance written notice of the date, time, and place of any meeting held pursuant to this section.

Section 14

Text of Section 14:

Continuation of Present District Boundaries

The boundaries of House of Representatives districts and Senate districts from which representatives and senators were elected to the 107th General Assembly shall be the boundaries of House of Representatives and Senate districts until January 1, 1973, and representatives and senators elected in the general election in 1966 shall hold office for the terms to which they were elected. In the event all or any part of this apportionment plan is held invalid prior to the general election in the year 1970, the persons responsible for apportionment by a majority of their number shall ascertain and determine a plan of apportionment to be effective until January 1, 1973, in accordance with section 13 of this Article.

Section 15

Text of Section 15:

Severability Provision

The various provisions of this Article XI are intended to be severable, and the invalidity of one or more of such provisions shall not affect the validity of the remaining provisions.

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