Redistricting procedures may change, if voters approve State Question 810.
This week, the Oklahoma Supreme Court ruled a petition calling for a bipartisan committee to redistrict the Oklahoma State Legislature is sufficient.
The group, Citizens’ Independent Redistricting Commission (CIRC), wants to make the change. Petitioners filed with the Supreme Court, alleging the CIRC’s petition was insufficient.
Justices Noma D. Gurich, Richard Darby, Yvonne Kauger, James R. Winchester, James Edmondson, Douglas L. Combs, M. John Kane IV, Dustin P. Rowe, John F. Reif concurred.
Justice Tom Colbert recused. If voters pass SQ 810, it will adds a new Article V-A to the Oklahoma Constitution. This new article creates the Citizens’ Independent Redistricting Commission and vests the power to redistrict the Oklahoma’s House of Representative and Senate districts, as well as its federal Congressional Districts, in the commission, rather than the legislature.
The article sets forth qualifications and a process for the selection of commissioners, a special master and a secretary. It also sets forth a process for the creation and approval of redistricting plans after each Federal Decennial Census.
In creating the redistricting plans, the commission must comply with certain criteria, including federal law, population equality, and contiguity, and must seek to maximize compliance with other criteria, including respect for communities of interest, racial and ethnic fairness, respect for political subdivision boundaries, political fairness and compactness.
The article creates a fallback mechanism in the event the commission cannot reach consensus on a plan within a set timeframe. It also sets forth procedures for funding and judicial review, repeals existing constitutional provisions involving legislative districts and codifies the number of state House of Representative and Senate districts, and reserves powers to the commission rather than the legislature.
“We determined this gist: 1) did not mention the selection process and composition of the commission; 2) did not provide enough information concerning the qualifications of the commissioners; and 3) failed to make any mention of the criteria the commission was to avoid in making a redistricting plan, such as, the omission from consideration of “[t]he political affiliation or voting history of the population of a district,” the opinion read.
“We held a simple and brief statement mentioning these components was necessary to inform a potential signatory about the true nature of the measure. Justice Winchester concurred specially, and also found fault with the gist because it did not mention the role of this court in the redistricting process,” the opinion read.
“The Respondents appear to have adequately addressed these concerns,” the opinion read.
With the ruling, CIRC, can begin the process of collecting signatures. However, COVID-19 restrictions have placed a hold on circulating petitions.
Ten states, Arizona, California, Colorado, Idaho, Michigan, Missouri, Montana and Washington redistrict using a commission.
Thirty-six states, including Oklahoma currently, redistrict using the state legislature. An additional four states, Arkansas, New Jersey, Ohio and Pennsylvania, use a politician commission.