2017 SJR 9: Proposal to amend Article IV, Sections 6 and 7

In this post we will look at Senate Joint Resolution No. 9 which was proposed by Senator Ferrioli.  This resolution proposes to amend Article IV, Sections 6 and 7 of the Oregon State Constitution.  Article IV is entitled "Legislative Branch".  Sections 6 and 7 have to do with re-apportionment of districts for Senators and Representatives.

The effect of the change

Currently, the re-apportionment of districts is performed by the Legislature by way of passing a law.  This is achieved after each decennial census conducted by the federal government.  The fact that the legislature does it makes it susceptible to being politicized.  Further, the party in power may be able to force re-apportionments that are politically motivated so as to gain an edge that allows them to keep their majority or plurality.
Under the amendment, the apportionment is performed by a committee of 5 people, of which 4 are voting members.  3 have to be able to agree to pass a re-apportionment.  The members of the committee are not allowed to have held significant elected office for at least 2 years.  The idea here is that these people should not be politicians and hence able to be bipartisan such that they are able to arrive at a plan that actually makes sense for the people and is not slanted in a partisan way.  If the commission is deadlocked, the Supreme Court must step in to provide a plan for re-apportionment.  However, the Legislature still has the final say and can amend the plan by a two thirds majority vote of both houses.  The governor may not veto.

My view

I agree that when allocating districts, this must be done with the least amount of political interference as possible so as to limit gerrymandering.  This proposal does have some merit in insulating the process from overt political influences.  The requirements in subsection 6 are good requirements such that there is sense in how the boundaries are drawn and this is an improvement on the existing constitution.
The only improvement I could suggest is that the process be not done by a special purpose committee, but have it done by the Supreme Court from the outset.  Deliberate belligerence can be introduced from the Legislative side no matter what preventative measure might be put in place.  I'm of the opinion that having a completely different branch of the government draw up the boundaries could substantially enhance the democratic traditions.  Some may argue that the role of the judicial branch should not be drawing up the boundaries of electoral districts, but as they are so named as a contingency plan, they will, from time to time have that role anyway.  I suggest, just give the supreme court the task from the outset.  While this may, to some, risk politicizing the court, I do think that the court generally has the integrity and farsightedness not to allow this to happen.  Certainly more so than the Legislative or Executive branches.