2009 - 2010 LEGISLATURE
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.
section 3 of article IV and section 9 of article XIII; and to create
14 of article XIII of the constitution; relating to: excluding incarcerated,
3disenfranchised felons from the enumeration of population for apportionment
4and redistricting of legislative, county, and certain other district offices (first
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.
6Resolved by the assembly, the senate concurring, That:
AJR63, s. 1
Section 3 of article IV of the constitution is amended to read:
[Article IV] Section 3. At its first session after each enumeration made by the 9
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,
2excluding incarcerated felons who are disenfranchised by law
AJR63, s. 2
Section 9 of article XIII of the constitution is amended to read:
[Article XIII] Section 9. All county officers whose election or appointment is not 5
provided for by this constitution shall be elected by the electors of the respective 6
counties, or appointed by the boards of supervisors, or other county authorities, as 7
the legislature shall direct. All city, town and village officers whose election or 8
appointment is not provided for by this constitution shall be elected by the electors 9
of such cities, towns and villages, or of some division thereof, or appointed by such 10
authorities thereof as the legislature shall designate for that purpose. All other 11
officers whose election or appointment is not provided for by this constitution, and 12
all officers whose offices may hereafter be created by law, shall be elected by the 13
people or appointed, as the legislature may direct. Any enumeration for the
14apportionment and redistricting of districts for the election of county officers shall
15exclude incarcerated felons who are disenfranchised by law.
AJR63, s. 3
Section 14 of article XIII of the constitution is created to read:
[Article XIII] Section 14. Any enumeration for the apportionment and 18
redistricting of districts for the election of statutory officers of any municipality or 19
other unit of government in this state shall exclude incarcerated felons who are 20
disenfranchised by law.
AJR63, s. 4
4. Numbering of new provision.
The new section 14 of article XIII 22
of the constitution created in this joint resolution shall be designated by the next 23
higher open whole section number in that article if, before the ratification by the 24
people of the amendment proposed in this joint resolution, any other ratified 25
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 2
the ratification by the people of the amendment proposed in this joint resolution, the 3
sections created shall be numbered and placed in a sequence so that the sections 4
created by the joint resolution having the lowest enrolled joint resolution number 5
have the numbers designated in that joint resolution and the sections created by the 6
other joint resolutions have numbers that are in the same ascending order as are the 7
numbers of the enrolled joint resolutions creating the sections.
8Be it further resolved, That
this proposed amendment be referred to the 9
legislature to be chosen at the next general election and that it be published for 3 10
months previous to the time of holding such election.