Section III Section 7

Constitution

Effective - 06 Dec 2018, 3 histories, see footnote   (history) 

  III Section 7.   Senatorial districts established — senatorial apportionment commission. — (a)  Within ten days after the population of this state is reported to the President for each decennial census of the United States or, in the event that a reapportionment has been invalidated by a court of competent jurisdiction, within ten days after such a ruling has been made, the nonpartisan state demographer authorized in Article III, Section 3 shall begin the preparation of senatorial districting plans and maps using the same methods and criteria as those required by Article III, Section 3 for the establishment of districts for the house of representatives.

  (b)  Within sixty days after the population of this state is reported to the President for each decennial census of the United States, or within sixty days after 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.

  (c)  Within six months after the population of this state is reported to the President for each decennial census of the United States or in the event that a reapportionment has been invalidated by a court of competent jurisdiction, within six months after such a ruling has been made, the nonpartisan state demographer shall file with the secretary of state and with the senatorial apportionment commission a tentative plan of apportionment and map of the proposed districts.

  The commissioners so selected shall within ten days of receiving the tentative plan of apportionment and map of the proposed districts required by this subsection, meet in the capitol building and proceed to organize by electing from their number a chairman, vice chairman and secretary.  The commission shall adopt an agenda establishing at least three hearing dates on which hearings open to the public shall be held to hear objections or testimony from interested persons.  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 may make changes to the tentative plan of apportionment and map of the proposed districts received from the nonpartisan state demographer provided that such changes are consistent with this section and the methods and criteria required by Section 3 of this Article for the establishment of districts for the house of representatives and approved by a vote of at least seven-tenths of the commissioners.  If no changes are made or approved as provided for in this subsection, the tentative plan of apportionment and map of proposed districts shall become final.  Not later than two months after receiving the tentative plan of apportionment and map of the proposed districts, 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.

  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) (Amended November 6, 2018)

(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).