A BILL TO BE ENTITLED
AN ACT to amend the NORTH CAROLINA constitution to establish the north carolina citizens redistricting commission.
The General Assembly of North Carolina enacts:
SECTION 1.  Effective beginning with the redistricting done upon the return of the 2020 decennial census, 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 North Carolina Citizens Redistricting Commission, beginning as soon as practical after the return of every decennial census of population taken by order of Congress, shall revise the senate districts and the apportionment of Senators among those districts, so that, to the extent possible, those districts meet the following goals, in order of priority:
(1)	One person, one vote, to ensure each voter's vote.
(2)	Compliance with the Constitution of the United States, including the equal protection clause of the Fourteenth Amendment.
(3)	Compliance with federal law.
(4)	Minimizing the number of split counties.
(5)	All districts shall be contiguous.
(6)	Minimizing the number of split municipalities.
(7)	Compactness, to avoid elongated and irregularly shaped districts.
(8)	Electoral impartiality. The Commission shall not consider electoral results, political considerations, or incumbency in the preparation of a plan for senate districts, except to the extent necessary to comply with federal law.
(9)	Minimizing the number of split communities of interest. Precincts shall not be split in the preparation of a plan for senate districts, except to the extent necessary to comply with federal law.
A plan adopted by the North Carolina Citizens Redistricting Commission shall have the force and effect of acts of the General Assembly. When established, the senate districts and the apportionment of Senators shall remain unaltered until the return of another decennial census of population taken by order of Congress."
SECTION 2.  Effective beginning with the redistricting done upon the return of the 2020 decennial census, 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 North Carolina Citizens Redistricting Commission, beginning as soon as practical after the return of every decennial census of population taken by order of Congress, shall revise the representative districts and the apportionment of Representatives among those districts, so that, to the extent possible, those districts meet the following goals, in order of priority:
(1)	One person, one vote, to ensure each voter's vote.
(2)	Compliance with the Constitution of the United States, including the equal protection clause of the Fourteenth Amendment.
(3)	 Compliance with federal law.
(4)	Minimizing the number of split counties.
(5)	All districts shall be contiguous.
(6)	Minimizing the number of split municipalities.
(7)	Compactness, to avoid elongated and irregularly shaped districts.
(8)	Electoral impartiality. The Commission shall not consider electoral results, political considerations, or incumbency in the preparation of a plan for representative districts, except to the extent necessary to comply with federal law.
(9)	Minimizing the number of split communities of interest. Precincts shall not be split in the preparation of a plan for senate districts, except to the extent necessary to comply with federal law.
A plan adopted by the North Carolina Citizens Redistricting Commission shall have the force and effect of acts of the General Assembly. When established, the representative districts and the apportionment of Representatives shall remain unaltered until the return of another decennial census of population taken by order of Congress."
SECTION 3.  Effective January 1, 2020, Article II of the North Carolina Constitution is amended by adding a new section to read:
"Sec. 25. North Carolina Citizens Redistricting Commission.
(1)	Establishment. There is established the North Carolina Citizens Redistricting Commission to adopt plans for the House of Representatives of the Congress of the United States and for the Senate and House of Representatives of the General Assembly.
(2)	Eligibility. A resident of North Carolina is eligible to apply for membership on the North Carolina Citizens Redistricting Commission if that person meets all of the following requirements:
(a)	Has been a registered voter in North Carolina with the same affiliation, or lack thereof, for at least three years prior to commencement of service on the North Carolina Citizens Redistricting Commission.
(b)	Has not contributed more than two thousand dollars ($2,000) to any candidate for public office. As used in this section, the term "public office" means any partisan or nonpartisan office filled by election by the people on a statewide, county, municipal, or district basis.
(c)	No person who has served as a member of the North Carolina Citizens Redistricting Commission shall be eligible to hold any elective public office for three years after termination of service on the North Carolina Citizens Redistricting Commission.
(d)	Is not any of the following:
1.	A relative of a current member of the General Assembly. For purposes of this section, a relative is a 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.
2.	A political appointee of the General Assembly.
3.	A staff member or legal counsel to the General Assembly.
4.	An official of a political party or a consultant or legal counsel to a political party in the United States.
(e)	Has never done any of the following:
1.	Served in elected office or held a political appointment.
2.	Served as an elected or appointed officer of a political party, body, or committee at any level of government in the United States.
3.	Served as an officer, employee, or paid consultant of a political party or body or of the campaign or campaign committee of a candidate for federal, State, or local elective office in the United States.
4.	Been employed by Congress.
(f)	Is not a legislative staffer, lobbyist, or legislative liaison.
(3)	Membership application. Any citizen of North Carolina may apply to the State Auditor to be a member of the North Carolina Citizens Redistricting Commission. The Auditor shall evaluate applications to ensure they meet the requirements of this section and any other requirements of State law. The Auditor shall submit all eligible applications to the Administrative Office of the Courts. The Administrative Office of the Courts shall review the eligible applications and submit a diverse group to the General Assembly, as follows:
(a)	Applications submitted shall reflect the State's diverse races, ethnicities, nationalities, sexual orientations, socioeconomic statuses, and geography.
(b)	The Administrative Office of the Courts shall submit 20 applications from persons registered in each of the following ways, as reflected by the latest registration statistics published by the State Board of Elections:
1.	As affiliated with the political party with the highest number of registered affiliates.
2.	As affiliated with the political party with the second‑highest number of registered affiliates.
3.	As not affiliated with either of the two political parties having the highest and second‑highest number of registered affiliates.
(c)	If there are fewer than 20 applications from persons registered in accordance with subdivision (b) of this subsection, the Administrative Office of the Courts may submit additional eligible applications to the General Assembly, as necessary, to reach a total of 60 applications.
(4)	Appointment. The North Carolina Citizens Redistricting Commission shall be composed of 15 members, divided by party affiliation, or lack thereof, into groups of five. Each group shall consist of members appointed exclusively from one of the three pools of applications submitted to the General Assembly pursuant to subsection (3)(b) of this section, as follows:
(a)	Two by the President Pro Tempore of the Senate from the pool of applications that share his or her political affiliation or lack thereof.
(b)	Two by the Minority leader in the Senate from the pool of applications that share his or her political affiliation or lack thereof.
(c)	Two by the Speaker of the House of Representatives from the pool of applications that share his or her political affiliation or lack thereof.
(d)	Two by the Minority leader in the House of Representatives from the pool of applications that share his or her political affiliation or lack thereof.
(e)	Seven randomly selected by the Administrative Office of the Courts, as follows:
1.	One from the pool applications submitted pursuant to subsection (3)(b)1. of this section.
2.	One from the pool applications submitted pursuant to subsection (3)(b)2. of this section.
3.	Five from the pool applications submitted pursuant to subsection (3)(b)3. of this section.
(f)	All authorities making appointments pursuant to subdivision (a) of this subsection shall consider the importance of diversity, as defined in subsection (3)(a) of this section, when making their appointments.
(5)	Vacancies. Any vacancy occurring in the membership of the North Carolina Citizens Redistricting Commission shall be filled in the manner prescribed in this section by the authority that made the initial appointment. Vacancies shall be filled for the remainder of the unexpired term.
(6)	Duties and adoption of plans. The North Carolina Citizens Redistricting Commission shall prepare and adopt plans for revising the districts and apportioning the members of districts for the House of Representatives of the United States Congress and the Senate and House of Representative of the General Assembly. Plans shall be adopted by a vote of at least nine members. The nine members shall be composed of at least three members selected pursuant to each sub‑subdivision of subsection (3)(b) of this section.
(7)	Special master. In the event a plan cannot be adopted pursuant to subsection (6) of this section, the North Carolina Citizens Redistricting Commission shall appoint a special master by a vote of at least nine members. The nine members shall be composed of at least three members selected pursuant to each sub‑subdivision of subsection (3)(b) of this section. The North Carolina Citizens Redistricting Commission shall appoint the special master from a list of names provided to the North Carolina Citizens Redistricting Commission by the State Auditor at the beginning of the redistricting cycle. The special master shall draw a final plan and submit the plan, along with the rationale for the plan, to the North Carolina Citizens Redistricting Commission, which shall adopt that plan."
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 the creation of a 15‑member Citizens Redistricting Commission with membership divided among persons affiliated with the two major political parties and persons who are politically unaffiliated. The Citizens Redistricting Commission would adopt districting plans for members of the General Assembly and the House of Representatives of the United States Congress. If the Citizens Redistricting Commission could not agree to adopt any districting plan, it would appoint a special master to draw that plan."
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.
"Redistricting.
"§ 120‑4.51.  North Carolina Citizens Redistricting Commission.
(a)	Membership; Attestation. – Membership on the North Carolina Citizens Redistricting Commission shall comply with the requirements of Section 25 of Article II of the North Carolina Constitution. As part of a person's application to become a member of the Commission, that person shall (i) disclose all relevant relationships and positions and (ii) submit to the State Auditor an attestation that the person is eligible to serve as a member of the Commission pursuant to Section 25 of Article II of the North Carolina Constitution.
(b)	Term of Office. – The term of office for members of the Commission shall begin on July 1 of each year ending in zero. The members shall continue in office for 10 years until their successors are appointed and qualified.
(c)	Chair. – The position of Chair of the Commission shall rotate every three months, following a schedule randomly generated at the beginning of the redistricting cycle. No two members who share the same party affiliation, or lack thereof, shall serve as chair in the same six‑month period. No member shall serve as chair more than once in a 12‑month period.
(d)	Staff. – The Commission shall be administratively housed in the Legislative Services Office of the General Assembly. In order to implement Section 25 of Article II of the North Carolina Constitution, the Commission shall retain independent staff under contract. Staff shall be hired upon a vote of at least nine members. The nine members shall be composed of at least three members selected pursuant to each sub‑subdivision of subsection (3)(b) of Section 25 of Article II of the North Carolina Constitution. As a whole, the political affiliations of staff members, or lack thereof, shall be divided approximately into thirds among the two political parties with the highest number of affiliates and among persons unaffiliated with a political party. A person is ineligible to serve as a staff member to the Commission if that person would be ineligible to serve as a member of the Commission pursuant to Section 25(2) of Article II of the North Carolina Constitution.
(e)	Open Meetings and Public Records. – The North Carolina Citizens Redistricting Commission shall be subject to the Public Records Act, Chapter 132 of the General Statutes, and the Open Meetings Law, Article 33C of Chapter 143 of the General Statutes, except to the extent those enactments may conflict with the below requirements:
(1)	Members of the Commission and staff shall not discuss the business of the Commission outside public meetings.
(2)	If a member of the Commission violates subdivision (1) of this subsection, he or she shall place in the public records of the Commission (i) any violating written communication and (ii) a written description of any violating oral communication. The written description of an oral communication must include the name of the parties to the communication, the date and approximate time of the communication, and a description of the nature and substance of the communication.
(3)	The Commission shall provide at least 14 days' notice prior to any meeting in which votes will be taken.
(f)	Removal from Office. – A member of the Commission who fails to comply with subsection (e)(2) of this section may be removed from office by the authority that appointed the member. Vacancies occurring pursuant to this section shall be filled pursuant to Section 25(5) of the North Carolina Constitution.
(g)	Stipend. – Members of the North Carolina Citizens Redistricting Commission shall receive a stipend of one thousand two hundred dollars ($1,200) for each month that the Commission meets.
(h)	Other Expenses. – Members of the Commission may receive travel and subsistence, as follows:
(1)	Members who are officials or employees of a State agency or unit of local government, in accordance with G.S. 138‑6.
(2)	All other members at the rate established in G.S. 138‑5.
"§ 120‑4.52.  Adoption of redistricting plans.
(a)	Redistricting Criteria. – The North Carolina Citizens Redistricting Commission shall prepare and adopt plans for revising the districts of the Senate and House of Representatives of the General Assembly (legislative districts) and the House of Representatives of the United States Congress (congressional districts) in accordance with the following criteria:
(1)	Legislative districts shall comply with Sections 3 and 5 of Article II of the North Carolina Constitution.
(2)	Congressional districts shall minimize the number of split counties, municipalities, and other communities of interest. Precincts shall not be split in the preparation of a plan for congressional districts, except to the extent necessary to comply with federal law. All congressional districts shall be contiguous.
(3)	The ideal population for a district is the number of members in a plan divided by the population of the State as reported by the decennial census. The population for a legislative district shall be within five percent (5%) of the ideal population for that district. Congressional districts shall each have a population that is as nearly equal as practicable to the ideal population, but in all cases within one‑tenth of one percent (0.1%) of the ideal population for that district.
(4)	Legislative and congressional districts shall all comply with the following:
a.	State and federal law.
b.	Geographic integrity, as follows:
1.	Districts shall be composed of convenient contiguous territory. Areas which meet only at the points of adjoining corners are not contiguous.
2.	To the extent practicable, districts shall be compact. Districts should not bypass nearby communities for more distant communities. 
c.	Electoral impartiality. The Commission shall not consider electoral results, political considerations, or incumbency in the preparation of districts. 
(b)	Time line. – District plans shall be adopted no later than October 1 of the year following each decennial census of population taken by order of Congress. Prior to the adoption of a plan, the Commission shall adhere to the following maximum time line:
(1)	Within thirty days of receipt of data from the United States Bureau of the Census, the Commission shall hold the initial 10 public hearings pursuant to subsection (c) of this section. 
(2)	Within fifty days of receipt of data from the United States Bureau of the Census, the Commission shall release to the public preliminary plans for revising the congressional and legislative districts. 
(3)	Within seventy days of receipt of data from the United States Bureau of the Census, the Commission shall hold an additional 10 public hearings pursuant to subsection (c) of this section. 
(4)	Within ninety days of receipt of data from the United States Bureau of the Census, the Commission shall release to the public all of the following:
a.	Proposed plans for revising the congressional and legislative districts.
b.	A summary of public input provided pursuant to subsection (d) of this section.
c.	Alternative plans for revising the congressional and legislative districts.
(5)	Within one hundred ten days of receipt of data from the United States Bureau of the Census, the Commission shall vote on approval of its proposed or alternative plans for revising the congressional and legislative districts. 
(6)	Within one hundred thirty days of receipt of data from the United States Bureau of the Census, if the Commission fails to approve any plan pursuant to subdivision (5) of this subsection, the Commission shall select from the list of names provided by the State Auditor pursuant to Section 25 of Article II of the North Carolina Constitution a special master to complete the plans. The Commission shall provide the special master with its proposed and alternative maps and all supporting data. 
(7)	Within one hundred fifty days of receipt of data from the United States Bureau of the Census, if the Commission fails to approve any plan pursuant to subdivision (5) of this subsection, the special master selected pursuant to subdivision (6) of this subsection shall prepare and release the final plan and the rationale for any changes from the proposed and alternative plans debated by the Commission. The special master shall present the final plan to the Commission.
(8)	Within one hundred sixty days of receipt of data from the United States Bureau of the Census, the Commission shall adopt any final plan presented by the special master. A final plan adopted by the Commission shall have the force and effect of acts of the General Assembly.
(9)	Notwithstanding subdivisions (1) through (8) of this subsection, the Commission may extend the maximum number of days between any event required in this subsection by as many as seven days, up to a total of forty days over the course of a year, for good cause. 
(c)	Public Hearings. – The Commission shall engage in a minimum of 20 public hearings across the State. Of those public hearings, at least 10 hearings shall occur before a preliminary plan is released to the public and at least 10 hearings shall occur after a preliminary plan is released to the public.
(d)	Public Input. – To the extent possible, the Commission shall facilitate the ability of members of the public to provide substantive comments on any proposed plan. To achieve that goal, the Commission shall provide members of the public with all of the following resources:
(1)	Sufficient time to review any plan released to the public.
(2)	The opportunity to communicate comments, questions, and recommendations on any plan released to the public, at a minimum, in person, online, and through the mail.
(3)	Access to the same demographic data that is used by the Commission in a machine readable form.
(4)	Access to mapping software and census data in as many public facilities and locations in the State as possible within 20 business days of receipt of data from the United States Bureau of the Census. For purposes of this subdivision, the term "public facilities" may include public libraries, constituent institutions of the University of North Carolina, community colleges, courthouses, offices of county boards of elections, the website of the North Carolina General Assembly, and electronic devices provided to members of the North Carolina General Assembly. 
(5)	A public, written response to every substantive comment or recommendation regarding a specific component of a plan released to the public. The response shall address the viability of any recommendation and indicate whether it was or will be incorporated in any other plan. 
(6)	At the conclusion of the redistricting process, the Commission shall publish a summary of the public input received by the Commission. 
(7)	A website with all of the following information:
a.	Background information on the redistricting process available in at least English and Spanish. The Commission shall provide information in other languages if at least one million people petition the Commission to have a particular language included. 
b.	Live streams and recordings of all public meetings in audio, video, or both formats and minutes from those meetings. 
c.	Meeting announcements.
d.	A searchable database of feedback and plans discussed by the Commission. 
e.	Plans discussed by the Commission and the data used to create those plans.
(e)	In Case Plan Held Invalid. – In the event that an adopted plan is held invalid, a new district plan shall be adopted using the process described in this Article, modified as necessary to reflect the timing and nature of the holding. Notwithstanding the foregoing, the maximum intervals between the events required in subsection (b) of this section shall be maintained. 
(f)	Federal and State Law. – In adopting any plan under this section, the Commission shall take into consideration all relevant requirements of the United States Constitution and Acts of Congress and shall comply with the North Carolina Constitution.
(g)	Local Redistricting. – The General Assembly may by law assign to the Commission the duty to prepare districting and redistricting plans for any county, city, town, special district, and other governmental subdivision if the governing board of the unit or a court of appropriate jurisdiction so requests."
SECTION 7.  G.S. 120‑133 is repealed.
SECTION 8.  Sections 6 and 7 of this act become effective January 1, 2020, 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. Except as otherwise provided, this act is effective when it becomes law.