A BILL TO BE ENTITLED
AN ACT to enact the fairness and integrity in redistricting (fair) act and To amend the constitution to establish nonpartisan redistricting CRITERIA.
The General Assembly of North Carolina enacts:
SECTION 1.  Section 3 of Article II of the North Carolina Constitution reads as rewritten:
"Sec. 3. Senate districts; apportionment of Senators.
The Senators shall be elected from districts. The General Assembly, at the first regular session convening after the return of every decennial census of population taken by order of Congress, shall revise the senate districts, subject to the requirements in Section 25 of this Article.

	
	When established, the senate districts shall remain unaltered until the return of another decennial census of population taken by order of Congress."
SECTION 2.  Section 5 of Article II of the North Carolina Constitution reads as rewritten:
"Sec. 5. Representative districts; apportionment of Representatives.
The Representatives shall be elected from districts. The General Assembly, at the first regular session convening after the return of every decennial census of population taken by order of Congress, shall revise the representative districts, subject to the requirements in Section 25 of this Article.

	
	When established, the representative districts shall remain unaltered until the return of another decennial census of population taken by order of Congress."
SECTION 3.  Article II of the North Carolina Constitution is amended by adding a new section to read:
"Sec. 25. Redistricting.
(1)	Redistricting standards. Electoral districts shall be established for Congress and the General Assembly, and may be established for local boards of education and for any unit of local government in the State, and meet the following requirements:
(a)	In the legislative drafting of each electoral district for any plan introduced for consideration by the General Assembly, no use shall be made by either house of the General Assembly, or any member, committee, or commission thereof, or any employee, agent, or contractor of the General Assembly, of the following:
i.	Political affiliations of registered voters.
ii.	Previous election results.
iii.	Residential address of an incumbent or declared candidate.
iv.	Demographic information, other than population head counts, except as required to comply with federal law.
v.	Any other data which could identify with reasonable certainty the voting tendencies of any group of citizens.
(b)	Each electoral district required by federal law or the State Constitution shall be formed prior to the formation of all other electoral districts and shall be formed consistent with law.
(c)	Each electoral district shall be established on the basis of population. Any deviation from the ideal population for an electoral district shall comply with one person, one vote requirements and the requirements of equal protection as established in federal law for Congressional districts and state law for all other districts.
(d)	Each electoral district shall consist of contiguous territory. Areas which meet only at the points of adjoining corners are not contiguous.
(e)	To the extent practicable and consistent with subsection (b), no county shall be divided in the drawing of any Congressional or legislative districts. In counties having a census population sufficient to support the formation of one or more electoral districts solely within the county, the physical boundaries of those districts shall not cross or traverse the exterior geographic line of any such county. For all other counties, the minimum number of whole, contiguous counties shall be combined or grouped to form electoral districts, and the physical boundaries of those districts shall not cross or traverse the exterior line of the multi‑county grouping. Only the smallest number of counties necessary to comply with population requirements shall be combined.
(f)	Each electoral district shall be as reasonably compact as practicable and consistent with subsection (e), taking into account geographic features.
(g)	For Congressional and legislative districts, a single member shall be apportioned to each electoral district.
(h)	Electoral districts may not be drawn that have the purpose of discriminating on the basis of race or political affiliation.
(2)	Process for redistricting. For all bills being considered by the General Assembly for establishing electoral districts under subsection (1) of this section, the following requirements shall apply:
(a)	All data and methodology used in the legislative drafting of electoral districts for any plan introduced for consideration by the General Assembly must be made available to the public five legislative days prior to the introduction of a plan.
(b)	One or more public hearings shall occur between first and second reading of the bill in each house of the General Assembly, provided the public hearing shall occur no sooner than five legislative days after the first reading.
(c)	There shall be at least 10 legislative days between first and second reading of the bill in each house of the General Assembly.
(3)	Redistricting commission. The General Assembly may authorize a redistricting commission to establish Congressional and legislative districts."
SECTION 4.  The amendments set out in Sections 1 through 3 of this act shall be submitted to the qualified voters of the State at the primary election in March 2020, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both may be used in accordance with Subchapter III of Chapter 163A of the General Statutes. The question to be used in the voting systems and ballots shall be:
"[ ] FOR	[ ] AGAINST
A constitutional amendment providing for nonpartisan criteria and a nonpartisan process for redistricting."
SECTION 5.  If a majority of votes cast on the question are in favor of the amendments set out in Sections 1 through 3 of this act, the State Board of Elections shall certify the amendments to the Secretary of State. The Secretary of State shall enroll the amendments so certified among the permanent records of that office. The amendments set out in Sections 1 through 3 of this act are effective upon certification.
SECTION 6.  Chapter 120 of the General Statutes is amended by adding a new Article to read:
"Article 1B.
"Nonpartisan Redistricting Process.
"§ 120‑4.51.  Definitions.
As used in this Article, unless the context requires otherwise, the following definitions apply:
(1)	Census Bureau. – The United States Bureau of the Census.
(2)	Commission. – The Temporary Redistricting Advisory Commission established pursuant to this Article.
(3)	Federal census. – The decennial census required by federal law to be conducted by the Census Bureau in every year ending in zero.
(4)	Four selecting authorities. –
a.	The President Pro Tempore of the Senate.
b.	The minority leader of the Senate.
c.	The Speaker of the House of Representatives.
d.	The minority leader of the House of Representatives.
(5)	Ideal population. – The number determined by dividing the number of members in a plan into the population of the State as reported in the federal census.
(6)	Plan. – A plan for reapportionment of electoral districts for Congress, the General Assembly, and for any local board of education or any unit of local government in the State, if introduced for consideration by the General Assembly, drawn up pursuant to the requirements of this Article.
(7)	Political party office. – An office in the national or state organization of a political party.
(8)	Public office. –
a.	An elective State, local, or federal office.
b.	An appointive State or federal office.
(9)	Relative. – An individual who is related to the person in question as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandfather, grandmother, father‑in‑law, mother‑in‑law, son‑in‑law, daughter‑in‑law, brother‑in‑law, sister‑in‑law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
(10)	VTD. – A voting tabulation district reported by the Census Bureau.
"§ 120‑4.52.  Preparations for redistricting.
(a)	The Legislative Services Office shall acquire appropriate information, review and evaluate information, review and evaluate available facilities, and develop programs and procedures in preparation for drawing congressional and legislative redistricting plans on the basis of each federal census. Funds shall be expended for the purchase or lease of equipment and materials only with prior approval of the Legislative Services Commission.
(b)	By December 31 of each year ending in zero, the Legislative Services Office shall obtain from the Census Bureau information regarding geographic and political units in this State for which federal census population data has been gathered and will be tabulated. The Legislative Services Office shall use the data so obtained to:
(1)	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.
(2)	Prepare maps of counties, cities, precincts, VTDs, 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 this Article.
(c)	As soon as possible after January 1 of each year ending in one, the Legislative Services Office shall obtain from the Census Bureau the population data needed for legislative districting which the Census Bureau is required to provide this State under P.L. 94‑171 and shall use that data to assign a population figure to geographic and political units based upon that data. Upon completing that task, the Legislative Services Office shall begin the preparation of congressional and legislative districting plans as required by this Article.
(d)	The Legislative Services Office shall make publicly available all data and methodology to be used in the legislative drafting of electoral districts before preparing any districting plans pursuant to this Article.
(e)	Upon each delivery by the Legislative Services Office to the General Assembly of a bill embodying a plan, pursuant to this Article, the Legislative Services Office shall at the earliest feasible time make available to the public the following information:
(1)	Copies of the bill delivered by the Legislative Services Office to the General Assembly.
(2)	Maps illustrating the plan.
(3)	A summary of the standards prescribed by this Article for development of the plan.
(4)	A statement of the population of each district included in the plan and the relative deviation of each district population from the ideal district population.
"§ 120‑4.53.  Preparations for redistricting.
(a)	Not later than April 1 of each year ending in one, the Legislative Services Office shall deliver to the Principal Clerk of the Senate and the Principal Clerk of the House of Representatives and to the members of the Senate and the House of Representatives identical bills embodying a plan of legislative and congressional districting prepared in accordance with this Article. It is the intent of this Article that the bill shall be brought to a vote in either the Senate or the House of Representatives expeditiously, but not less than three legislative days after the report of the Temporary Redistricting Advisory Commission required by G.S. 120‑4.56 is received and made available to the members of the General Assembly. The bill shall be voted in under a procedure or rule permitting no amendments except those of a purely corrective nature. It is further the intent of this Article that if the bill is approved on third reading by the first house in which it is considered, it shall expeditiously be brought to a vote in the second house under a similar procedure or rule. If the bill embodying the plan submitted by the Legislative Services Office under this subsection fails to be approved on second or third reading in either the Senate or the House of Representatives, the Principal Clerk of the Senate or the Principal Clerk of the House of Representatives, as the case may be, shall at once, but in no event later than seven days after the date the bill failed to be approved, transmit to the Legislative Services Office information which the Senate or the House of Representatives may direct by resolution regarding reasons why the plan was not approved.
(b)	If the population data for legislative districting which the Census Bureau is required to provide this State under P.L. 94‑171 and, if used by the Legislative Services Office, the corresponding geographic referencing data file for that population data are not available to the Legislative Services Office on or before February 15 of the year ending in one, the April 1 date set forth in subsection (a) of this section shall be extended by a number of days equal to the number of days after February 15 of the year ending in one that the federal census population data and the geographic encoding and referencing data file for legislative districting become available.
(c)	If the bill embodying the plan submitted by the Legislative Services Office under subsection (a) of this section fails to pass second or third reading in either house, the Legislative Services Office shall prepare a bill embodying a second plan of legislative and congressional districting. The bill shall be prepared in accordance with this section and, insofar as it is possible to do so within the requirements of G.S. 120‑4.54, with the reasons cited by the Senate or the House of Representatives by resolution for the failure to approve the plan. If a second plan is required under this subsection, it is the intent of this Article that the bill embodying it shall be delivered to the Principal Clerk of the Senate and the Principal Clerk of the House of Representatives and to the members of the Senate and the House of Representatives not later than 35 calendar days after the date of the vote by which the Senate or the House of Representatives fails to approve the bill submitted under subsection (a) of this section. If it is necessary to submit a bill under this subsection, it is the intent of this Article that the bill shall be brought to a vote not less than seven calendar days after the bill is submitted and made available to the members of the General Assembly, and shall be subject to amendment in the same manner as other bills. It is further the intent of this Article that if the bill is approved on third reading by the first house in which it is considered, it shall expeditiously be brought to a vote in the second house.
(d)	Prior to delivering any plan of legislative and congressional districting and the bill embodying that plan in accordance with this section, the Legislative Services Office shall provide to persons outside its staff only such information regarding the plan as may be required by policies agreed upon by the Temporary Redistricting Advisory Commission. This subsection does not apply to population and geographic data furnished to the Legislative Services Office by the Census Bureau.
"§ 120‑4.54.  Redistricting standards.
(a)	No district shall be drawn for the purpose of favoring a political party, incumbent legislator, or member of Congress, or other person or group, or for the purpose of augmenting or diluting the voting strength of a language or racial minority group. Except to the extent required by the North Carolina or United States Constitutions, federal law, and applicable court decisions, in the legislative drafting of electoral districts for any plan, no use shall be made of:
(1)	Political affiliations of registered voters.
(2)	Previous election results.
(3)	Residential address of an incumbent or declared candidate.
(4)	Demographic information, other than population head counts, except as required to comply with federal or State law.
(5)	Any other data which could identify with reasonable certainty the voting tendencies of any group of citizens.
(b)	Electoral districts shall be drawn in a manner that complies with requirements of federal and State law.
(c)	Electoral districts shall be established on the basis of population.
(d)	Senatorial and representative districts, as well as electoral districts for local boards of education and for any unit of local government in the State, shall each have a population that is within five percent (5%) of the ideal population for that district.
(e)	Congressional districts shall each have a population as nearly equal as practicable to the ideal population, but in all cases within one‑tenth of a percent (0.1%) of the ideal population.
(f)	Electoral districts shall be composed of convenient contiguous territory. Areas which meet only at the points of adjoining corners are not contiguous.
(g)	To the extent consistent with other standards provided by this section, district boundaries in a plan shall coincide with the boundaries of political subdivisions of the State. In Senate and State House plans, the "whole county" requirements established by the North Carolina Constitution shall be complied with in a manner consistent with federal law. The number of counties and cities divided among more than one district shall be as small as possible, but in the case of cities located in more than one county, minimizing the division of counties prevails. The division of VTDs shall also be minimized consistent with the other standards of this section.
(h)	Electoral districts shall be reasonably compact in form, to the extent consistent with the standards established by this section. In general, reasonably compact districts are those which are not irregularly shaped, to the extent of natural or geographic features or those of VTDs. If it is necessary to compare the relative compactness of two or more districts, or of two or more alternative districting plans, the tests prescribed by this subsection may be used as follows:
(1)	Length‑width compactness. – The compactness of a district is greatest when the length of the district and the width of the district are equal. The measure of a district's compactness is the absolute value of the difference between the length and the width of the district. In general, the length‑width compactness of a district is calculated by measuring the distance from the northernmost point or portion of the boundary of a district to the southernmost point or portion of the boundary of the same district and the distance from the westernmost point or portion of the boundary of the district to the easternmost point or portion of the boundary of the same district. The absolute values computed for individual districts under this subdivision may be cumulated for all districts in a plan in order to compare the overall compactness of two or more alternative districting plans for the State or for a portion of the State.
(2)	Perimeter compactness. – The compactness of a district is greatest when the distance needed to traverse the perimeter boundary of a district is as short as possible. The total perimeter distance computed for individual districts under this subdivision may be cumulated for all districts in a plan in order to compare the overall compactness of two or more alternative districting plans for the State or for a portion of the State.
"§ 120‑4.55.  Temporary Redistricting Advisory Commission.
(a)	Not later than February 15 of each year ending in one, a five‑member Temporary Redistricting Advisory Commission shall be established as provided by this section. The Commission's only functions shall be those prescribed by G.S. 120‑4.56.
(b)	Each of the four selecting authorities shall certify to the Chair of the State Board of Elections the authority's appointment of a person to serve on the Commission.
(c)	Within 10 days after the four selecting authorities have certified their respective appointments, but in no event later than February 15 of the year ending in one, the four commission members so appointed shall select, by a vote of at least three members, and certify to the Chair of the State Board of Elections the fifth Commission member, who shall serve as chairperson.
(d)	A vacancy on the Commission shall be filled by the initial selecting authority within 15 days after the vacancy occurs.
(e)	Members of the Commission shall receive from funds appropriated to the General Assembly per diem, travel expenses, and reimbursement for other necessary expenses incurred in performing their duties as provided by G.S. 138‑5 or G.S. 138‑6 as applicable.
(f)	No person shall be appointed to the Commission who:
(1)	Is not a registered voter of this State at the time of selection.
(2)	Holds public office or political party office.
(3)	Is a relative of or is employed by a member of the General Assembly or of the United States House of Representatives or Senate, or is employed directly by the General Assembly or by the United States House of Representatives or Senate.
"§ 120‑4.56.  Duties of Commission.
The functions of the Commission shall be as follows:
(1)	Answer a written request for direction made by the Legislative Services Office when in preparation of congressional or legislative plans as required by this Article, the Legislative Services Office is confronted with the necessity to make any decision for which no clearly applicable guideline is provided by G.S. 120‑4.54 and requests direction from the Commission.
(2)	Authorize by adoption of policies the release of information under G.S. 120‑4.53(e).
(3)	Upon the delivery by the Legislative Services Office to the General Assembly of a bill embodying an initial plan for congressional or legislative districting, as required by G.S. 120‑4.53(a), the Commission shall:
a.	As expeditiously as reasonably possible, schedule and conduct at least three public hearings, in different geographic regions of the State, on that plan.
b.	Following the hearings, promptly prepare and submit to the Principal Clerk of the Senate and the Principal Clerk of the House of Representatives a report summarizing information and testimony received by the Commission in the course of the hearings. The Commission's report shall include any comments and conclusions which its members deem appropriate on the information and testimony received at the hearings or otherwise presented to the Commission. The report as to a plan shall be submitted no later than 14 calendar days after the date the bill embodying an initial plan is delivered to the General Assembly."
SECTION 7.  Section 6 of this act becomes effective January 1, 2021, if the constitutional amendments proposed by Sections 1 through 3 of this act are approved by the qualified voters as provided in Sections 4 and 5 of this act.
SECTION 8.  The remainder of this act is effective when it becomes law.