Section III Section 7

Constitution

Effective - 02 Dec 1982, 3 histories, see footnote   (history) 

  III Section 7.  Senatorial apportionment commission — number, appointment, duties, compensation. — Within sixty days after the population of this state is reported to the President for each decennial census of the United States, and within sixty days after notification by the governor that a reapportionment has been invalidated by a court of competent jurisdiction, the state committee of each of the two political parties casting the highest vote for governor at the last preceding election shall, at a committee meeting duly called, select by a vote of the individual committee members, and thereafter submit to the governor a list of ten persons, and within thirty days thereafter the governor shall appoint a commission of ten members, five from each list, to reapportion the thirty-four senatorial districts and to establish the numbers and boundaries of said districts.

If either of the party committees fails to submit a list within such time the governor shall appoint five members of his own choice from the party of the committee so failing to act.

Members of the commission shall be disqualified from holding office as members of the general assembly for four years following the date of the filing by the commission of its final statement of apportionment.

The commissioners so selected shall on the fifteenth day, excluding Sundays and holidays, after all members have been selected, meet in the capitol building and proceed to organize by electing from their number a chairman, vice chairman and secretary and shall adopt an agenda establishing at least three hearing dates on which hearings open to the public shall be held.  A copy of the agenda shall be filed with the secretary of the senate within twenty-four hours after its adoption.  Executive meetings may be scheduled and held as often as the commission deems advisable.

The commission shall reapportion the senatorial districts by dividing the population of the state by the number thirty-four and shall establish each district so that the population of that district shall, as nearly as possible, equal that figure; no county lines shall be crossed except when necessary to add sufficient population to a multi-district county or city to complete only one district which lies partly within such multi-district county or city so as to be as nearly equal as practicable in population.  Any county with a population in excess of the quotient obtained by dividing the population of the state by the number thirty-four is hereby declared to be a multi-district county.

Not later than five months after the appointment of the commission, the commission shall file with the secretary of state a tentative plan of apportionment and map of the proposed districts and during the ensuing fifteen days shall hold such public hearings as may be necessary to hear objections or testimony of interested persons.

Not later than six months after the appointment of the commission, the commission shall file with the secretary of state a final statement of the numbers and the boundaries of the districts together with a map of the districts, and no statement shall be valid unless approved by at least seven members.

After the statement is filed senators shall be elected according to such districts until a reapportionment is made as herein provided, except that if the statement is not filed within six months of the time fixed for the appointment of the commission, it shall stand discharged and the senate shall be apportioned by a commission of six members appointed from among the judges of the appellate courts of the state of Missouri by the state supreme court, a majority of whom shall sign and file its apportionment plan and map with the secretary of state within ninety days of the date of the discharge of the apportionment commission.  Thereafter senators shall be elected according to such districts until a reapportionment is made as herein provided.

Each member of the commission shall receive as compensation fifteen dollars a day for each day the commission is in session, but not more than one thousand dollars, and, in addition, shall be reimbursed for his actual and necessary expenses incurred while serving as a member of the commission.

No reapportionment shall be subject to the referendum.

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Source: Const. of 1945 (Amended January 14, 1966) (Amended November 2, 1982).

(1954) Citizen and voter can invoke jurisdiction of courts under declaratory judgment law to pass upon the validity of acts apportioning state into senatorial districts. Preisler v. Doherty. 364 Mo. 596, 265 S.W.2d 404.

(1992) Constitutional phrase "shall be elected" refers only to general elections and does not conflict with section 21.130, RSMo, requiring special election to fill vacancy to be held within limits composing district at time of "next preceding general election." State ex rel. Mathewson v. Board of Election Commissioners of St. Louis County, 841 S.W.2d 633 (Mo. en banc).

(2012) Nonpartisan reapportionment commission, having approved and submitted a legislative redistricting plan and map, discharged its duty and lacked authority to later submit revised plan. State ex rel. Teichman v. Carnahan, 357 S.W.3d 601 (Mo. banc).