Utah Independent Redistricting Commission

Utah Code tit. 20A, ch. 20A-19, pt. 20A-19-P2

in effect

Utah Code § 20A-19-201 Utah Independent Redistricting Commission -- Selection of Commissioners -- Qualifications -- Term -- Vacancy -- Compensation -- Commission Resources.

20A-19-201. Utah Independent Redistricting Commission -- Selection of Commissioners -- Qualifications -- Term -- Vacancy -- Compensation -- Commission Resources. (1) This Act creates the Utah Independent Redistricting Commission. (2) The Utah Independent Redistricting Commission comprises seven commissioners appointed as provided in this Section. (3) Each of the following appointing authorities shall appoint one commissioner: (a) the governor, whose appointee shall serve as Commission chair; (b) the president of the Senate; (c) the speaker of the House of Representatives; (d) the leader of the largest minority political party in the Senate; (e) the leader of the largest minority political party in the House of Representatives; (f) the leadership of the majority political party in the Senate, including the president of the Senate, jointly with the leadership of the same political party in the House of Representatives and the speaker of the House of Representatives if a member of that political party; and (g) the leadership of the largest minority political party in the Senate jointly with the leadership of the same political party in the House of Representatives and the speaker of the House of Representatives if a member of that political party. (4) The appointing authorities described in Subsection (3) shall appoint their commissioners no later than 30 calendar days following: (a) the receipt by the Legislature of a national decennial enumeration made by the authority of the United States; or (b) a change in the number of congressional, legislative, or other districts resulting from an event other than a national decennial enumeration made by the authority of the United States. (5) Commissioners appointed under Subsection (3)(f) and Subsection (3)(g), in addition to the qualifications and conditions in Subsection (6), may not have at any time during the preceding five years: (a) been affiliated with any political party for the purposes of Section 20A-2-107; (b) voted in any political party's regular primary election or any political party's municipal primary election; or (c) been a delegate to a political party convention. (6) Each commissioner: (a) must have been at all times an active voter, as defined in Section 20A-1-102(1), during the four years preceding appointment to the Commission; (b) must not have been at any time during the four years preceding appointment to the Commission, and may not be during their service as commissioner or for four years thereafter: (i) a lobbyist or principal, as those terms are defined under Section 36-11-102; (ii) a candidate for or holder of any elective office, including any local government office; (iii) a candidate for or holder of any office of a political party, excluding the office of political party delegate, or the recipient of compensation in any amount from a political party, political party committee, personal campaign committee, or any political action committee affiliated with a political party or controlled by an elected official or candidate for elective office, including any local government office; (iv) appointed by the governor or the Legislature to any other public office; or (v) employed by the Congress of the United States, the Legislature, or the holder of any position that reports directly to an elected official or to any person appointed by the governor or Legislature to any other public office. (7) (a) Each commissioner shall file with the Commission and with the governor a signed statement certifying that the commissioner: (i) meets and will continue to meet throughout their term as commissioner the applicable qualifications contained in this Section; (ii) will comply with the standards, procedures, and requirements applicable to redistricting contained in this chapter; (iii) will faithfully discharge the commissioner's duties in an independent, honest, transparent, and impartial manner; and (iv) will not engage in any effort to purposefully or unduly favor or disfavor any incumbent elected official, candidate or prospective candidate for elective office, or any political party. (b) The Commission and the governor shall make available to the public the statements required under Subsection (7)(a). (8) (a) A commissioner's term lasts until a successor is appointed or until that commissioner's death, resignation, or removal. (b) A commissioner may resign at any time by providing written notice to the Commission and to the governor. (c) A commissioner may be removed only by a majority vote of the speaker of the House of Representatives and the leader of the largest minority political party in the House of Representatives and the president of the Senate and leader of the largest minority political party in the Senate, and may be removed only for failure to meet the qualifications of this Section, incapacity, or for other good cause, such as substantial neglect of duty or gross misconduct in office. (9) (a) The appointing authority that appointed a commissioner shall fill a vacancy caused by the death, resignation, or removal of that commissioner within 21 calendar days after the vacancy occurs. (b) If the appointing authority at the time of the vacancy is of a different political party than that of the appointing authority when the original appointment was made, then the corresponding appointing authority of the same political party in the Senate, the House, or the leadership, as the case may be, as the appointing authority that made the original appointment must make the appointment to fill the vacancy. (10) If an appointing authority fails to appoint a commissioner or to fill a vacancy by the deadlines provided in this Section, then the chief justice of the Supreme Court of the State of Utah shall appoint that commissioner within 14 calendar days after the failure to appoint or fill a vacancy. (11) (a) Commissioners may not receive compensation or benefits for their service, but may receive per diem and travel expenses in accordance with: (i) Section 63A-3-106; (ii) Section 63A-3-107; and (iii) rules of the Division of Finance under Sections 63A-3-106 and 63A-3-107. (b) A commissioner may decline to receive per diem and travel expenses. (12) (a) The Legislature shall appropriate adequate funds for the Commission to carry out its duties, and shall make available to the Commission such personnel, facilities, equipment, and other resources as the Commission may reasonably request. (b) The Office of Legislative Research and General Counsel shall provide the technical staff, legal assistance, computer equipment, computer software, and other equipment and resources to the Commission that the Commission reasonably requests. (c) The Commission has procurement and contracting authority, and upon a majority vote, may procure the services of staff, legal counsel, consultants, and experts, and may acquire the computers, data, software, and other equipment and resources that are necessary to carry out its duties effectively. Enacted by Statewide Initiative -- Proposition 4, Nov. 6, 2018

Utah Code § 20A-19-202 Commission Code of Conduct -- Quorum -- Action by the Commission -- Assessment of Proposed Redistricting Plans -- Open and Public Meetings -- Public Hearings -- Ex Parte Communications.

20A-19-202. Commission Code of Conduct -- Quorum -- Action by the Commission -- Assessment of Proposed Redistricting Plans -- Open and Public Meetings -- Public Hearings -- Ex Parte Communications. (1) The Commission shall conduct its activities in an independent, honest, transparent, and impartial manner, and each commissioner and member of Commission, including staff and consultants employed or retained by the Commission, shall act in a manner that reflects creditably on the Commission. (2) The Commission shall meet upon the request of a majority of commissioners. (3) Attendance of a majority of commissioners at a meeting constitutes a quorum for the conduct of Commission business and the taking of official Commission actions. (4) The Commission takes official actions by majority vote of commissioners at a meeting at which a quorum is present, except as otherwise provided in this chapter. (5) (a) The Commission may consider any redistricting plan submitted to the Commission by any person or organization, including commissioners. (b) The Commission shall make available to each commissioner and to the public all plans or elements of plans submitted to the Commission or to any commissioner. (6) Upon the affirmative vote of at least three commissioners, the Commission shall conduct the assessments described in Section 20A-19-103(4) of any redistricting plan being considered by the Commission or by the Legislature, and shall promptly make the assessments available to the public. (7) (a) The Commission shall establish and maintain a website, or other equivalent electronic platform, to disseminate information about the Commission, including records of its meetings and public hearings, proposed redistricting plans, and assessments of and reports on redistricting plans, and to allow the public to view its meetings and public hearings in both live and in archived form. (b) The Commission's website, or other equivalent electronic platform, must allow the public to submit redistricting plans and comments on redistricting plans to the Commission for its consideration. (8) The Commission is subject to Title 52, Chapter 4, Open and Public Meetings Act, Secs. 52-4-101 to 52-4-305, and to Title 63G, Chapter 2, Government Records Access and Management Act, Secs. 63G-2-101 to 63G-2-804. (9) (a) The Commission shall, by majority vote, determine the number, locations, and dates of the public hearings to be held by the Commission, but the Commission shall hold no fewer than seven public hearings throughout the state in connection with each redistricting that is permitted under Section 20A-19-102(1)-(2) as follows: (i) one in the Bear River region--Box Elder, Cache, or Rich County; (ii) one in the Southwest region--Beaver, Garfield, Iron, Kane, or Washington County; (iii) one in the Mountain region--Summit, Utah, or Wasatch County; (iv) one in the Central region--Juab, Millard, Piute, Sanpete, Sevier, or Wayne County; (v) one in the Southeast region--Carbon, Emery, Grand, or San Juan County; (vi) one in the Uintah Basin region--Daggett, Duchesne, or Uintah County; and (vii) one in the Wasatch Front region--Davis, Morgan, Salt Lake, Tooele, or Weber County. (b) The Commission shall hold at least two public hearings in a first or second class county but not in the same county. (10) Each public hearing must provide those in attendance a reasonable opportunity to submit written and oral comments to the Commission and to propose redistricting plans for the Commission's consideration. (11) The Commission must hold the public hearings required under Subsection (9) by: (a) the earlier of the 120th calendar day after the Legislature's receipt of the results of a national decennial enumeration made by the authority of the United States or August 31st of that year; or (b) no later than 120 calendar days after a change in the number of congressional, legislative, or other districts that results from an event other than a national decennial enumeration made by the authority of the United States. (12) (a) A commissioner may not engage in any private communication with any person other than other commissioners, Commission personnel, including consultants retained by the Commission, and employees of the Office of Legislative Research and General Counsel, that is material to any redistricting plan or element of a plan pending before the Commission or intended to be proposed for Commission consideration, without making the communication, or a detailed and accurate description of the communication including the names of all parties to the communication and the plan or element of the plan, available to the Commission and to the public. (b) A commissioner shall make the disclosure required by Subsection (12)(a) before the redistricting plan or element of a plan is considered by the Commission. Enacted by Statewide Initiative -- Proposition 4, Nov. 6, 2018

Utah Code § 20A-19-203 Selection of Recommended Redistricting Plan.

20A-19-203. Selection of Recommended Redistricting Plan. (1) The Commission shall prepare and, by the affirmative vote of at least five commissioners, adopt at least one and as many as three redistricting plans that the Commission determines divide the state into congressional, legislative, or other districts in a manner that satisfies the redistricting standards and requirements contained in this chapter as the Commission's recommended redistricting plan or plans no later than 30 calendar days following completion of the public hearings required under Section 20A-19-202(9); and (2) (a) If the Commission fails to adopt a redistricting plan by the deadline identified in Subsection (1), the Commission shall submit no fewer than two redistricting plans to the chief justice of the Supreme Court of the State of Utah. (b) The chief justice of the Supreme Court of the State of Utah shall, as soon as practicable, select from the submitted plans at least one and as many as three redistricting plans that the chief justice determines divide the state into congressional, legislative, and other districts in a manner that satisfies the redistricting standards and requirements contained in this chapter as the Commission's recommended redistricting plan or plans. (c) Of the plans submitted by the Commission to the chief justice of the Supreme Court of the State of Utah under Subsection (2)(a), at least one plan must be supported by the commissioner appointed under Section 20A-19-201(3)(f), and at least one plan must be supported by the commissioner appointed under Section 20A-19-201(3)(g). Enacted by Statewide Initiative -- Proposition 4, Nov. 6, 2018

Utah Code § 20A-19-204 Submission of Commission's Recommended Redistricting Plans to the Legislature -- Consideration of Redistricting Plans by the Legislature -- Report Required if Legislature Enacts Other Plan.

20A-19-204. Submission of Commission's Recommended Redistricting Plans to the Legislature -- Consideration of Redistricting Plans by the Legislature -- Report Required if Legislature Enacts Other Plan. (1) (a) The Commission shall submit to the president of the Senate, the speaker of the House of Representatives, and the director of the Office of Legislative Research and General Counsel, and make available to the public, the redistricting plan or plans recommended under Section 20A-19-203 and a detailed written report setting forth each plan's adherence to the redistricting standards and requirements contained in this chapter. (b) The Commission shall make the submissions described in Subsection (1)(a), to the extent practicable, not less than 10 calendar days before the Senate or the House of Representatives votes on any redistricting plan permitted under Section 20A-19-102(1)-(2). (2) (a) The Legislature shall either enact without change or amendment, other than technical corrections such as those authorized under Section 36-12-12, or reject the Commission's recommended redistricting plans submitted to the Legislature under Subsection (1). (b) The president of the Senate and the speaker of the House of Representatives may direct legislative staff to prepare a legislative review note and a legislative fiscal note on the Commission's recommended redistricting plan or plans. (3) The Legislature may not enact any redistricting plan permitted under Section 20A-19-102(1)-(2) until adequate time has been afforded to the Commission and to the chief justice of the Supreme Court of the State of Utah to satisfy their duties under this chapter, including the consideration and assessment of redistricting plans, public hearings, and the selection of one or more recommended redistricting plans. (4) The Legislature may not enact a redistricting plan or modification of any redistricting plan unless the plan or modification has been made available to the public by the Legislature, including by making it available on the Legislature's website, or other equivalent electronic platform, for a period of no less than 10 calendar days and in a manner and format that allows the public to assess the plan for adherence to the redistricting standards and requirements contained in this chapter and that allows the public to submit comments on the plan to the Legislature. (5) (a) If a redistricting plan other than a plan submitted to the Legislature under Subsection (1) is enacted by the Legislature, then no later than seven calendar days after its enactment the Legislature shall issue to the public a detailed written report setting forth the reasons for rejecting the plan or plans submitted to the Legislature under Subsection (1) and a detailed explanation of why the redistricting plan enacted by the Legislature better satisfies the redistricting standards and requirements contained in this chapter. (b) The Commission may, by majority vote, issue public statements, assessments, and reports in response to: (i) any report by the Legislature described in Subsection (5)(a); (ii) the Legislature's consideration or enactment of any redistricting plan, including any plan submitted to the Legislature under Subsection (1); or (iii) the Legislature's consideration or enactment of any modification to a redistricting plan. Enacted by Statewide Initiative -- Proposition 4, Nov. 6, 2018

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title20A/Chapter19/20A-19-P2.html?v=C20A-19-P2_2018110620181201Fetched: 10/26/2026