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Hofeller Guidelines With Tom’s Further Comments

Sep. 23 2019 — 5:50p.m.

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1 2 3 4 5 6 REAPPORTIONMENT COMMITTEE GUIDELINES FOR LEGISLATIVE, STATE BOARD OF EDUCATION, AND CONGRESSIONAL REDISTRICTING STATE OF ALABAMA 7 8 9 10 11 12 13 14 15 Pursuant to the Constitution of the United States and the Constitution of the State of Alabama, the Alabama State Legislature is required to review 2010 Federal Decennial Census data provided by the U.S. Bureau of the Census to determine if it is necessary to redistrict Alabama's congressional, legislative, and State Board of Education districts because of population changes since the 200 Census. Accordingly, the following guidelines for congressional, legislative, and State Board of Education redistricting have been established by the Legislature's Permanent Joint Legislative Committee on Reapportionment, (hereinafter referred to as the "Reapportionment Committee”). I. POPULATION 16 17 18 19 20 21 The total Alabama state population, and the population of defined subunits thereof, as reported by the 2010 Census, shall be the permissible data base used for the development, evaluation, and analysis of proposed redistricting plans. It is the intention of this provision to exclude from use any census data other than that provided by the United States Census Bureau. II. EQUAL POPULATION REQUIREMENT: ONE PERSON-ONE VOTE 22 23 24 The goal of redistricting is equality of population of congressional, legislative, and State Board of Education districts as defined below. 1. Congressional Districts 25 26 27 28 29 The Apportionment Clause of Article I, Section 2, of the United States Constitution requires that the population of a state’s congressional districts in a state be "as nearly equal in population as practicable." Accordingly, Congressional redistricting plans must be as mathematically equal in population as is possible. 2. Legislative And State Board of Education Districts 30 215315 1

1 2 3 4 In accordance with the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, legislative and State Board of Education districts will be drawn to achieve "substantial equality of population among the various districts.” 5 6 7 a. As a general proposition, deviations from the "ideal district" population should be justifiable either as a result of the limitations of census geography, or as a result of the promotion of a rational state policy. 8 9 10 11 12 13 b. In keeping with subpart a, above, a high priority of every legislative and State Board of Education redistricting plan must be minimizing population deviations among districts. While in no case may the total range of population deviation among a plan’s districts exceed 9.9%, plans with lower total deviation will be favored over plans with higher total deviation, all other factors being equal. 14 15 16 17 c. A proponent submitting a proposal to the Reapportionment Committee or the Legislature shall submit a detailed explanation of how the deviations in the proposed plan further the rational state policies described in Section IV of these guidelines, or are necessitated by census geography. III. VOTING RIGHTS ACT 18 19 20 21 22 23 1. Redistricting plans must meet the provisions of the Voting Rights Act of 1965 (as amended), and shall be constructed so as not to impede the opportunities of members of a racial, ethnic, or language minority group protected by the Act to participate in the political process and elect the members’ representatives of choice. 24 25 26 27 2. Proposed redistricting plans must not employ standards, practices, or procedures which have the purpose of, or result in, the denial or abridgement of the right to vote on account of race or color, or because a person is a member of a language minority group. 28 29 3. Redistricting plans are subject to the preclearance process established in Section 5 of the Voting Rights Act. 30 31 IV. CRITERIA FOR LEGISLATIVE, STATE BOARD OF EDUCATION, AND CONGRESSIONAL DISTRICTS 215315 1 2

1 2 3 1. All congressional, legislative, and State Board of Education districts will be single-member districts that comply with the population-equality standards discussed above. 4 5 6 2. No district will be drawn in a manner that subordinates race-neutral districting criteria to considerations that stereotype voters on the basis of race, color, or membership in a language-minority group. 7 8 9 10 3. A redistricting plan will not have either the purpose or the effect of diluting minority voting strength, shall not be retrogressive and shall otherwise comply with Sections 2 and 5 of the Voting Rights Act and the fourteenth and fifteenth amendments to the Constitution. 11 12 13 14 15 4. All legislative, State Board of Education and congressional districts will be composed of contiguous and reasonably compact geography. Districts that are tangent at one point or for a relatively short distance, are connected by a mere roadway or very narrow corridor that does not itself comprise a community of interest, are not congruent for purposes of these guidelines. 16 17 5. The following legislative redistricting requirements prescribed by the Alabama Constitution shall be complied with: 18 19 20 a. Sovereignty resides in the people of Alabama, and all districts should be drawn to reflect the democratic will of all the people concerning how their governments should be restructured. 21 22 b. House and Senate districts shall be drawn on the basis of total population. 23 24 c. The number of Senate districts is set by statute at 35 and, under the Alabama Constitution, may not exceed 35. 25 26 d. The number of Senate districts shall be not less than one-fourth or more than one-third of the number of House districts. 27 28 e. The number of House districts is set by statute at 105 and, under the Alabama Constitution, may not exceed 106. f. The number of House districts shall not be less than 67. 29 215315 1 3

1 2 3 6. The following redistricting policies contained in the Alabama Constitution shall be observed to the extent that they do not violate or conflict with requirements prescribed by the Constitution and laws of the United States: 4 5 a. Each House and Senate district should be composed of as few counties as practicable. 6 7 b. Every part of every district shall be contiguous with every other part of the district. c. Every district should be as compact as is feasible. 8 9 10 11 12 13 7. The following redistricting policies are embedded in the political values, traditions, customs, and usages of the State of Alabama and shall be observed to the extent that they do not violate or subordinate the foregoing policies prescribed by the Constitution and laws of the United States and of the State of Alabama: 14 15 a. Contests between incumbent members of Congress, the Legislature, and the State Board of Education will be avoided when ever possible. 16 17 18 19 20 21 22 b. The integrity of communities of interest shall be respected to the extent feasible. For purposes of these Guidelines, a community of interest is defined as an area with recognized similarities of interests, including but not limited to racial, ethnic, geographic, governmental, regional, social, cultural, partisan, or historic interests; county, municipal, or voting precinct boundaries; and commonality of communications. It is inevitable that when plans are drawn, some community interests will be recognized and others will not. 23 24 c. Local community and political leaders and organizations and the entire citizenry shall be consulted about new district lines. 25 26 27 d. Consistent with the preceding criteria, efforts will be made to preserve cores of existing districts. The plan will attempt to preserve the cores of existing districts. V. PLANS PRODUCED BY LEGISLATORS 28 29 30 1. The confidentiality of any legislator developing plans or portions thereof will be respected. The Reapportionment Office staff will not release any 215315 1 4

1 2 information on any legislator's work without written permission of the legislator developing the plan, subject to paragraph two below. 3 4 5 2. A proposed redistricting plan will become public information upon its introduction as a bill in the legislative process, or upon presentation for consideration by the Reapportionment Committee. 6 7 8 9 3. Access to the Legislative Reapportionment Office Computer System, census population data, and redistricting work maps will be available to all members of the Legislature upon request. Reapportionment Office staff will provide technical assistance to all legislators who wish to develop proposals. 10 11 12 4. In accordance with Rule 23 of the Joint Rules of the Alabama Legislature (1999) all amendments or revisions to redistricting plans, following introduction as a bill, shall be drafted by the Reapportionment Office. 13 14 15 16 5. Drafts of all redistricting plans which are presented for introduction at any session of the Legislature, and which are not prepared by the Reapportionment Office, must be presented to the Reapportionment Office for review of proper form and for entry into the Legislative Data Bank. VI. COMMITTEE MEETINGS AND PUBLIC HEARINGS 17 18 19 20 1. All meetings of the Reapportionment Committee and its sub-committees will be open to the public and all plans presented at committee meetings will be made available to the public. 21 22 23 2. Minutes of all Reapportionment Committee meetings shall be taken and maintained as part of the public record. Copies of all minutes shall be made available to the public. 24 25 3. Transcripts of all public hearings shall be made and maintained as part of the public record, and shall be available to the public. 26 27 28 4. The Reapportionment Committee will hold public hearings at different locations throughout the State in order to actively seek public participation and public input. 29 30 5. All interested persons are encouraged to appear before the Reapportionment Committee and to give their comments and input regarding 215315 1 5

1 2 3 4 5 congressional, legislative, and State Board of Education redistricting. Reasonable opportunity will be given to such persons, consistent with the criteria herein established, to present plans or amendments redistricting plans to the Reapportionment Committee, if desired, unless such plans or amendments fail to meet the minimal criteria herein established. 6 7 8 9 10 11 12 6. Notices of all Reapportionment Committee meetings will be posted on the fifth, sixth, seventh, and eighth floors of the Alabama State House, the Committee's website, and on the Secretary of State’s website. Individual notice of Reapportionment Committee meetings will be sent by emial to any citizen or organization who requests individual notice and provides the necessary information to the Reapportionment Committee staff. Persons or organizations who want to receive this information should contact the Reapportionment Office. VII. PUBLIC ACCESS 13 14 15 16 17 18 19 1. The Reapportionment Committee seeks active and informed public participation in all activities of the committee and the widest range of public information and citizen input into its deliberations. Public access to the Reapportionment Office computer system is available every Friday from 8:30 a.m. to 4:30 p.m. Please contact the Reapportionment Office to schedule an appointment. 20 21 22 23 24 2. A redistricting plan may be presented to the Reapportionment Committee by any individual citizen or organization by written presentation at a public meeting or by submission in writing to the committee. All plans submitted to the Reapportionment Committee will be made part of the public record and made available in the same manner as other public records of the committee. 25 26 3. Any proposed redistricting plan drafted into legislation must be offered by a member of the Legislature for introduction into the legislative process. 27 28 29 4. Any redistricting plan developed outside the Legislature or any redistricting plan developed without Reapportionment Office assistance which is to be presented for consideration by the Reapportionment Committee must: 30 31 32 a. Be clearly depicted on maps which follow 2010 Census geographic boundaries or on a reapportionment work map available from the Reapportionment Office; 215315 1 6

1 2 3 b. Be accompanied by a statistical sheet listing total population and minority population for each district and listing the census geography making up each proposed district; 4 5 6 7 c. Stand as a complete statewide plan for redistricting, or, if presenting a partial plan, fit back into the plan which is being modified, so that the proposal can be evaluated in the context of a statewide plan (i.e.: all places of geography must be accounted for in some district); 8 9 d. Must comply with the guidelines adopted by the Reapportionment Committee. 5. Electronic Submissions 10 11 12 a. Electronic submissions of redistricting plans will be accepted by the Reapportionment Committee. 13 14 b. Plans submitted electronically must also be accompanied by the paper materials referenced in this section. 15 16 c. See Appendix B for the technical documentation for the electronic submission of redistricting plans. 6. Census Data And Redistricting Materials 17 18 19 20 a. Census population data and census maps will be made available through the Reapportionment Office at a cost determined by the Permanent Legislative Committee on Reapportionment. 21 22 23 24 b. Summary population data at the precinct level and a statewide workmap(s) will be made available to the public through the Reapportionment Office at a cost determined by the Permanent Legislative Committee on Reapportionment. 25 26 c. All such fees shall be deposited in the state treasury to the credit of the general fund and shall be used to cover the expenses of the legislature. 27 28 NOTE: Please refer to Appendix A for the fee structure of items and materials listed in these guidelines. 29 215315 1 7

1 2 3 TOM, ALL BELOW HAS TO BE REVISED BY THE REAPPORTIONMENT OFFICE. I HAVE NOT DONE ANYTHING WITH IT. I HAVE CALLED THE STAFF ABOUT MAKING CHANGES. DORMAN 4 5 6 7 8 9 10 11 12 Appendix A Fee Structure Census Data and Census Maps Reapportionment Committee State of Alabama 2010 Census Population Data (Official 2010 Census data released for the State of Alabama). 13 Data Available: Hard copy 8 ½ x 11 $ .10 per page. 14 1. Precinct totals county by county broken down by race and voting age. 15 16 2. County block level totals broken down by race and voting age. Report size varies by county depending on the size of the county. 17 3. Entire state population report. 18 Maps Available: Hard copy 36" x 42" map sheets. 19 $5.00 per map sheet (includes postage). 20 1. Voting Precinct Maps, by county. 21 22 The number of map sheets per county varies according to the size of each county. 2. Census Tract Maps, by county. 23 24 25 The number of map sheets per county varies according to the size of each county. 3. County Census Block Maps. 26 27 28 The number of map sheets per county varies according to the size of each county. 215315 1 8

Census Data - Census Tiger/Line files and Census 2010 Redistricting 1 2 3 Data Summary Files are available for download from the Bureau Of The Census 4 5 Electronic Data - Data in electronic form will be provided on a 3 ½ floppy diskette at $20.00 per diskette or on a CD-RM at $30.00 per CD. 6 7 8 *Please note that computer software is required to run the census data and will not be provided by the Reapportionment Office. 9 10 11 12 13 14 15 16 17 Appendix B. ELECTRONIC SUBMISSION OF REDISTRICTING PLANS REAPPORTIONMENT COMMITTEE - STATE OF ALABAMA The Legislative Reapportionment Computer System supports the electronic submission of redistricting plans. The electronic submission of these plans must be on either a floppy disk or CD ROM. The software used by the Reapportionment Office is (PSA) Plan2010. 18 19 20 21 22 The electronic file should be in DOJ (Block, district #) format. This should be a two column, comma delimited file containing the FIPS code for each block, and the district number. Plan2010 has an automated plan import that creates a new Plan2010 plan from the block/district assignment list. 23 24 25 26 27 28 29 30 MIF (MapInfo interchange) and ArcView shape files can be viewed as an overlay. A new plan would have to be built using this overlay as a guide to assign units into a blank Plan2010 plan. Other formats which can be used as an overlay are MFE, ArcView, ArcInfo, Access, CAD, Map Info, FRAMME, MGDM, MGSM, ODBC Tabular, Oracle Object Model, and Oracle Relational Model. However, in order to analyze the plans with our attribute data, edit, and report on, a new Plan2010 will have to be built 215315 1 9

. 1 2 3 4 In order for plans to be analyzed with our attribute data, be able to edit, report on, and produce maps in the most efficient, accurate and time saving procedure, electronic submissions are REQUIRED to be in DOJ format. 5 6 7 8 9 10 11 Contact Information: 12 13 14 15 16 17 18 19 20 Legislative Reapportionment Office Room 811, State House 11 South Union Street Montgomery, Alabama 36130 (334) 242-7941 21 For questions relating to reapportionment and redistricting, please contact: 22 23 24 25 26 27 28 Ms. Bonnie Shanholtzer Supervisor Legislative Reapportionment Office Please Note: The above e-mail address is to be used only for the purposes of obtaining information regarding reapportionment and redistricting. Political messages, including those relative to specific legislation or other political matters, 215315 1 10

1 2 3 4 cannot be answered or disseminated to members of the Legislature. Members of the Permanent Legislative Committee On Reapportionment may be contacted through information contained on their Member pages of the Official Website of the Alabama Legislature. -------------------------------------------------------------------------------- 5 6 215315 1 11

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