Table 8 provides a summary of the districting principles used by each state during the 2000s round of redistricting. The text of the principles is shown in appendix E.


Table 8. Districting Principles for 2000s Plans
(in addition to population equality)


 

Compact

Contiguous

Preserve Political Subdivisions

Preserve Communities of Interest

Preserve Cores of Prior Districts

Protect Incumbents

Voting Rights Act

Alabama

C, L

C, L

C, L

C, L

C, L

 

C, L

Alaska

L

L

L

L

 

 

 

Arkansas

 

 

C, L

 

C, L

YC, YL

C, L

Arizona

C, L

C, L

C, L

C, L

 

NC, NL

C, L

California

 L

L

L

L

 

 NL

L

Colorado

L

L

L

L

 

 

L

Connecticut

 

L

L

 

 

 

 

Delaware

 

L

 

 

 

NL

 

Florida

 

L

 

 

 

 

 

Georgia

 

C, L

C, L

 

C, L

YC, YL

C, L

Hawaii

L

L

L

L

 

NL

 

Idaho

C, L

C, L

C, L

C, L

 

NC, NL

C, L

Illinois

L

L

 

 

 

 

 

Indiana

 

L

 

 

 

 

 

Iowa

C, L

C, L

C, L

 

 

NC, NL

C, L

Kansas

C, L

C, L

C, L

C, L

L

NL

L

Kentucky

 

C

C

C

C

 

C

Louisiana

 

L

L

 

L

 

 

Maine

L

L

L

 

 

 

 

Maryland

L

 C, L

L

 

YC, YL

YC, YL

C, L

Massachusetts

 

L

L

 

 

 

 

Michigan

C, L

C, L

C, L

 

 

 

C

Minnesota

C, L

C, L

C, L

C, L

 

 

C, L

Mississippi

L

C, L

L

 

 

 

C, L

Missouri

C, L

C, L

L

L

L

 

L

Montana

L

L

L

 

 

NL

L

Nebraska

C, L

C, L

C, L

 

 

NC, NL

C, L

Nevada

C, L

L

C, L

L

 

 

C, L

New Hampshire

 

L

L

 

 

 

 

New Jersey

L

C, L

L

 

C

 

C

New Mexico

C, L

C, L

C, L

C, L

YC, YL

YC, YL

C, L

New York

L

L

L

 

 

 

 

North Carolina

 

C, L

C, L

 

C

YC

C, L

North Dakota

L

L

L

 

 

 

 

Ohio

L

L

L

 

 

 

 

Oklahoma

L

L

L

L

 

 

 

Oregon

 

C, L

C, L

C, L

 

NC, NL

C, L

Pennsylvania

L

L

L

 

 

 

 

Rhode Island

L

 

 

 

 

 

 

South Carolina

C, L

C, L

C, L

C, L

C, L

YC, YL

C, L

South Dakota

L

L

L

L

 

 

L

Tennessee

 

L

L

 

 

 

L

Texas

 

L

L

 

 

 

 

Utah

C, L

C, L

 

 

 

 

 

Vermont

L

L

L

L

 

YL

 

Virginia

C, L

C, L

YC, YL

YC, YL

YC, YL

YC, YL

C, L

Washington

C, L

C, L

C, L

C, L

 

NL

 

West Virginia

C, L

C, L

C, L

 

 

 

 

Wisconsin

L

L

L

 

 

 

 

Wyoming

C, L

C, L

C, L

L

 

NL

L

Key:

            C = Required in congressional plans
            L = Required in legislative plans
            NC = Prohibited in congressional plans
            NL = Prohibited in legislative plans
            YC = Allowed in congressional plans
            YL = Allowed in legislative plans

Note: A few states used additional districting principles, such as “convenience” (Minnesota), “understandability to the voter” (Hawaii, Kansas, Nebraska), and “competitive districts” (Arizona).

Source: NCSL, 2009





Appendix E
Districting Principles for 2000s Plans

Alabama

Constitution, Article IX

Section 198. * * * apportionment of house based on decennial census of United States. * * * The members of the house of representatives shall be apportioned by the legislature among the several counties of the state, according to the number of inhabitants in them, respectively, as ascertained by the decennial census of the United States * * *.

Section 199. * * * each county entitled to at least one representative. * * * each county shall be entitled to at least one representative.

Section 200. * * * senatorial districts. * * * senatorial districts * * * shall be as nearly equal to each other in the number of inhabitants as may be, and each shall be entitled to one senator, and no more * * *. No county shall be divided between two districts, and no district shall be made up of two or more counties not contiguous to each other.

Guidelines for Legislative and Congressional Redistricting, adopted by Reapportionment Committee

a. As a general proposition, deviations from the “ideal district” population should be justifiable either as a result of the limitations of census geography, or as a result of the promotion of a rational state policy.

 * * *

III. Voting Rights Act

1. Redistricting plans must meet the provisions of the Voting Rights Act and shall be constructed so as not to impede the opportunities of blacks and other racial and ethnic groups protected by the Act to participate in the political process and elect representatives of their choice.

2. Proposed redistricting plans must not employ standards, practices, or procedures which have the purpose of, or result in, the denial or abridgment of the right to vote on account of race or color or because a person is a member of a language minority group.

3. Redistricting plans are subject to the preclearance process established in Section 5 of the Voting Rights Act.

IV. Criteria For Legislative and Congressional Districts

4. A redistricting plan will not have either the purpose or the effect of diluting minority voting strength, and shall otherwise comply with Sections 2 and 5 of the Voting Rights Act and the fourteenth and fifteenth amendments to the Constitution.

5. All legislative and congressional districts will be composed of contiguous and reasonably compact geography.

6. Where possible, legislative and congressional districts should attempt to preserve communities of interest, including without limitation municipalities and concentrations of blacks and other ethnic minorities, where such efforts do not violate the other stated criteria.

7. Counties should be used as district building blocks where possible, and to the extent consistent with other aspects of these criteria.

      a. Where county lines cannot be maintained, district boundaries should follow as closely as practicable the local voting precinct boundary lines in order to minimize voter confusion and cost of election administration.

      b. Where voting precinct boundary lines cannot be followed and also meet the geographic guidelines as stated in this section, district lines must follow census block geography in order to maintain the integrity of the statistical analysis.

       * * *

6. Efforts will be made to preserve cores of existing districts where such efforts are consistent with and do not violate the other criteria stated herein.

Alaska

Constitution, Article VI

Section 6. Redistricting. * * * Each new district so created shall be formed of contiguous and compact territory containing as nearly as practicable a relatively integrated socioeconomic area. Each shall contain a population at least equal to the quotient obtained by dividing the total civilian population by forty. Consideration may be given to local government boundaries. Drainage and other geographic features shall be used in describing boundaries wherever possible.

Arizona

Constitution, Article 4, pt. 2

Section 1. * * *

 (14) The independent redistricting commission shall establish congressional and legislative districts. The commencement of the mapping process for both the congressional and legislative districts shall be the creation of districts of equal population in a grid-like pattern across the state. Adjustments to the grid shall then be made as necessary to accommodate the goals as set forth below:

      A. Districts shall comply with the United States Constitution and the United States voting rights act;

      B. Congressional districts shall have equal population to the extent practicable, and state legislative districts shall have equal population to the extent practicable;

      C. Districts shall be geographically compact and contiguous to the extent practicable;

      D. District boundaries shall respect communities of interest to the extent practicable;

      E. To the extent practicable, district lines shall use visible geographic features, city, town and county boundaries, and undivided census tracts;

      F. To the extent practicable, competitive districts should be favored where to do so would create no significant detriment to the other goals.

(15) Party registration and voting history data shall be excluded from the initial phase of the mapping process but may be used to test maps for compliance with the above goals. The places of residence of incumbents or candidates shall not be identified or considered.

Arkansas

House Concurrent Resolution No. 1006, 1991 Session

 * * *

3. The committees acknowledge a preference for continuity of representation. Counties, cities, and established geographical boundaries should be maintained, if possible.

4. The dilution of voting strength and participation by recognized minorities within the state population is contrary to the Voting Rights Act of 1965, the U.S. Constitution, and the public policy of Arkansas. The right of meaningful political participation of all citizens is desired and recognized. Therefore, any plan or proposed amendment to a plan having the objective of diluting the voting strength of minority citizens shall be unacceptable.

California

Constitution, Article 21

Section 1. * * *

(a) Each member of Congress shall be elected from a single-member district.

(b) The population of all congressional districts shall be reasonably equal. After following this criterion, the Legislature shall adjust the boundary lines according to the criteria set forth and prioritized in paragraphs (2), (3), (4), and (5) of subdivision (d) of Section 2. * * *

(c) Congressional districts shall be numbered consecutively commencing at the northern boundary of the State and ending at the southern boundary.

Section 2. * * *

(d) The commission shall establish single-member districts for the Senate, Assembly, and State Board of Equalization pursuant to a mapping process using the following criteria as set forth in the following order of priority:

      (1) Districts shall comply with the United States Constitution. Senate, Assembly, and State Board of Equalization districts shall have reasonably equal population with other districts for the same office, except where deviation is required to comply with the federal Voting Rights Act or allowable by law.

      (2) Districts shall comply with the federal Voting Rights Act (42 U.S.C. Section 1971 and following).

      (3) Districts shall be geographically contiguous.

      (4) The geographic integrity of any city, county, city and county, neighborhood, or community of interest shall be respected to the extent possible without violating the requirements of any of the preceding subdivisions. Communities of interest shall not include relationships with political parties, incumbents, or political candidates.

      (5) To the extent practicable, and where this does not conflict with the criteria above, districts shall be drawn to encourage geographical compactness such that nearby areas of population are not bypassed for more distant population.

      (6) To the extent practicable, and where this does not conflict with the criteria above, each Senate district shall be comprised of two whole, complete, and adjacent Assembly districts, and each Board of Equalization district shall be comprised of 10 whole, complete, and adjacent Senate districts.

(e) The place of residence of any incumbent or political candidate shall not be considered in the creation of a map. Districts shall not be drawn for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.

(f) Districts for the Senate, Assembly, and State Board of Equalization shall be numbered consecutively commencing at the northern boundary of the State and ending at the southern boundary.

Colorado

Constitution, Article V

Section 46. Senatorial and representative districts. The state shall be divided into as many senatorial and representative districts as there are members of the senate and house of representatives respectively, each district in each house having a population as nearly equal as may be, as required by the constitution of the United States, but in no event shall there be more than five percent deviation between the most populous and the least populous district in each house.

Section 47. Composition of districts. (1) Each district shall be as compact in area as possible and the aggregate linear distance of all district boundaries shall be as short as possible. Each district shall consist of contiguous whole general election precincts. Districts of the same house shall not overlap.

(2) Except when necessary to meet the equal population requirements of section 46, no part of one county shall be added to all or part of another county in forming districts. Within counties whose territory is contained in more than one district of the same house, the number of cities and towns whose territory is contained in more than one district of the same house shall be as small as possible. When county, city, or town boundaries are changed, adjustments, if any, in legislative districts shall be as prescribed by law.

(3) Consistent with the provisions of this section and section 46 of this article, communities of interest, including ethnic, cultural, economic, trade area, geographic, and demographic factors, shall be preserved within a single district wherever possible.

Final Report, adopted by Reapportionment Commission, March 2002

Districts must satisfy the equal population requirements of the 14th Amendment and the right-to-vote provisions of the 15th Amendment to the U.S. Constitution.

Reapportionment plans must not deny to members of a racial, color, or language minority an equal opportunity to participate in the political process and to elect representatives of their choice. Federal Voting Rights Act, 42 U.S.C. § 1973.

As applied, this requirement meant that minorities should neither be unnecessarily “packed” into a single district nor unnecessarily “fractured” among two or more districts.

Connecticut

Constitution, Article III, Section 3, as amended by Article II, Section 1, and Article XV, Section 1, of the Amendments to the Constitution of the State of Connecticut

Senate, number, qualifications.

Section 3. * * * Each senatorial district shall be contiguous as to territory … .

Constitution, Article III, Section 4, as amended by Article II, Section 2, and Article XV, Section 2, of the Amendments to the Constitution of the State of Connecticut

House of representatives, how constituted.

Section 4. * * * Each assembly district shall be contiguous as to territory … . For the purpose of forming assembly districts no town shall be divided except for the purpose of forming assembly districts wholly within the town.

Constitution, Article III, Section 5, as amended by Article XVI, Section 1, of the Amendments to the Constitution of the State of Connecticut

Congressional and general assembly districts to be consistent with federal standards.

Section 5. The establishment of congressional districts and of districts in the general assembly shall be consistent with federal constitutional standards.

Delaware

29 Delaware Code

§ 804. Determining district boundaries; criteria.

In determining the boundaries of the several representative and senatorial districts within the State, the General Assembly shall use the following criteria. Each district shall, insofar as is possible:

(1) Be formed of contiguous territory;

(2) Be nearly equal in population;

(3) Be bounded by major roads, streams or other natural boundaries;

(4) Not be created so as to unduly favor any person or political party.

Florida

Constitution, Article III

Section 16. Legislative apportionment.

(a) Senatorial and Representative Districts. The legislature at its regular session in the second year following each decennial census, by joint resolution, shall apportion the state in accordance with the constitution of the state and of the United States into not less than thirty nor more than forty consecutively numbered senatorial districts of either contiguous, overlapping or identical territory, and into not less than eighty nor more than one hundred twenty consecutively numbered representative districts of either contiguous, overlapping or identical territory. * * *

Georgia

Constitution, Article III, Section II

Paragraph II. Apportionment of General Assembly.

The General Assembly shall apportion the Senate and House districts. Such districts shall be composed of contiguous territory. * * *

Guidelines, adopted by the House Committee on Congressional and Legislative Reapportionment and Redistricting, 1991-92

* * *

3. A redistricting plan should not have either the purpose or the effect of diluting minority voting strength and should otherwise comply with Sections 2 and 5 of the Voting Rights Act.

* * *

5. Districts should be composed of contiguous territory. Areas which meet at the points of adjoining corners are not contiguous.

6. Where the above stated criteria are met, efforts may be made to maintain the integrity of political subdivisions and the cores of existing districts and consideration may be given to avoiding contests between incumbents.

7. Local voting district boundary lines should serve as the basic district building blocks in order to minimize voter confusion and the cost of election administration.

Hawaii

Constitution, Article IV

Section 6. Apportionment Within Basic Island Units. * * *

1. No district shall extend beyond the boundaries of any basic island unit.

2. No district shall be so drawn as to unduly favor a person or political faction.

3. Except in the case of districts encompassing more than one island, districts shall be contiguous.

4. Insofar as practicable, districts shall be compact.

5. Where possible, district lines shall follow permanent and easily recognized features, such as streets, streams and clear geographical features, and, when practicable, shall coincide with census tract boundaries.

6. Where practicable, representative districts shall be wholly included within senatorial districts.

7. Not more than four members shall be elected from any district.

8. Where practicable, submergence of an area in a larger district wherein substantially different socio-economic interests predominate shall be avoided.

Hawaii Revised Statutes, Section 25-2(b)(1) to (6)

* * * In effecting the reapportionment and districting, the commission shall be guided by the following criteria:

(1) No district shall be drawn so as to unduly favor a person or political party;

(2) Except in the case of districts encompassing more than one island, districts shall be contiguous;

(3) Insofar as practicable, districts shall be compact;

(4) Where possible, district lines shall follow permanent and easily recognized features such as streets, streams, and clear geographical features, and when practicable, shall coincide with census tract boundaries;

(5) Where practicable, state legislative districts shall be wholly included within congressional districts; and

(6) Where practicable, submergence of an area in a larger district wherein substantially different socio-economic interests predominate shall be avoided.

Idaho

Constitution, Article III

Section 5. Senatorial and Representative Districts. A senatorial or representative district, when more than one county shall constitute the same, shall be composed of contiguous counties, and a county may be divided in creating districts only to the extent it is reasonably determined by statute that counties must be divided to create senatorial and representative districts which comply with the constitution of the United States. A county may be divided into more than one legislative district when districts are wholly contained within a single county. No floterial district shall be created. Multi-member districts may be created in any district composed of more than one county only to the extent that two representatives may be elected from a district from which one senator is elected. The provisions of this section shall apply to any apportionment adopted following the 1990 decennial census.

Idaho Code

§ 72-1506. Criteria governing plans. Congressional and legislative redistricting plans considered by the commission, and plans adopted by the commission, shall be governed by the following criteria:

 * * *

(1) To the maximum extent possible, districts shall preserve traditional neighborhoods and local communities of interest.

(2) Districts shall be substantially equal in population and should seek to comply with all applicable federal standards and statutes.

(3) To the maximum extent possible, the plan should avoid drawing districts that are oddly shaped.

(4) Division of counties should be avoided whenever possible. Counties should be divided into districts not wholly contained within that county only to the extent reasonably necessary to meet the requirements of the equal population principle. In the event that a county must be divided, the number of such divisions, per county, should be kept to a minimum.

(5) To the extent that counties must be divided to create districts, such districts shall be composed of contiguous counties.

(6) District boundaries should retain, as far as practicable, the local voting precinct boundary lines to the extent those lines comply with the provisions of section 34-306, Idaho Code.

(7) Counties shall not be divided to protect a particular political party or a particular incumbent.

Instructions and Criteria for Redistricting Plans, Commission for Reapportionment, draft March 19, 1991

 * * *

3. Voting Rights Act

The plan must not dilute the votes of compact racial and language minorities.

4. Gerrymandering

The plan must not be constructed to protect a particular political party or a particular incumbent legislator. To the maximum extent possible the plan should avoid drawing districts that are oddly shaped or that split traditional neighborhoods or communities of interest.

5. Criteria for Legislative Districts

 * * *

      (1) Division of counties should be avoided whenever possible. Counties should only be divided into districts not wholly contained within that county to meet the requirements of the equal population principle or the Voting Rights Act. Sometimes, it will be necessary to divide a county into districts not wholly contained within that county. The number of such divisions, per county, should be kept to a minimum.

      (2) To the extent that counties must be divided to create districts, such districts shall be composed of contiguous counties.

      (3) Where a county is divided, district boundaries should retain as far as practicable the local voting precinct boundary lines to the extent those lines comply with Idaho Code subsection 34-306.

      (4) Counties should not be divided to protect a party or an incumbent..

      (5) Where possible, legislative districts should attempt to preserve communities of interest.

Illinois

Constitution, Article IV

Section 3. Legislative redistricting.

(a) Legislative Districts shall be compact, contiguous and substantially equal in population. Representative Districts shall be compact, contiguous, and substantially equal in population.

Indiana

Constitution, Article 4

Section 5. Legislative apportionment.

* * * The territory in each district shall be contiguous.

Iowa

Constitution, Article III

Section 34. Senate and house of representatives--limitation. * * * Each district so established shall be of compact and contiguous territory. * * *

Section 37. Congressional districts. When a congressional district is composed of two or more counties it shall not be entirely separated by a county belonging to another district and no county shall be divided in forming a congressional district.

Iowa Code

§ 42.4. Redistricting standards.

1. Legislative and congressional districts shall be established on the basis of population.

      a. Senatorial and representative districts, respectively, shall each have a population as nearly equal as practicable to the ideal population for such districts, determined by dividing the number of districts to be established into the population of the state reported in the federal decennial census. Senatorial districts and representative districts shall not vary in population from the respective ideal district populations except as necessary to comply with one of the other standards enumerated in this section. In no case shall the quotient, obtained by dividing the total of the absolute values of the deviations of all district populations from the applicable ideal district population by the number of districts established, exceed one percent of the applicable ideal district population. No senatorial district shall have a population which exceeds that of any other senatorial district by more than five percent, and no representative district shall have a population which exceeds that of any other representative district by more than five percent.

      b. Congressional districts shall each have a population as nearly equal as practicable to the ideal district population, derived as prescribed in paragraph “a” of this subsection. No congressional district shall have a population which varies by more than one percent from the applicable ideal district population, except as necessary to comply with Article III, section 37 of the Constitution of the State of Iowa.

      c. If a challenge is filed with the supreme court alleging excessive population variance among districts established in a plan adopted by the general assembly, the general assembly has the burden of justifying any variance in excess of one percent between the population of a district and the applicable ideal district population.

2. To the extent consistent with subsection 1, district boundaries shall coincide with the boundaries of political subdivisions of the state. The number of counties and cities divided among more than one district shall be as small as possible. When there is a choice between dividing local political subdivisions, the more populous subdivisions shall be divided before the less populous, but this statement does not apply to a legislative district boundary drawn along a county line which passes through a city that lies in more than one county.

3. Districts shall be composed of convenient contiguous territory. Areas which meet only at the points of adjoining corners are not contiguous.

4. Districts shall be reasonably compact in form, to the extent consistent with the standards established by subsections 1, 2, and 3. In general, reasonably compact districts are those which are square, rectangular, or hexagonal in shape, and not irregularly shaped, to the extent permitted by natural or political boundaries. If it is necessary to compare the relative compactness of two or more districts, or of two or more alternative districting plans, the tests prescribed by paragraphs “a” and “b” shall be used.

      a. Length-width compactness. The compactness of a district is greatest when the length of the district and the width of the district are equal. The measure of a district’s compactness is the absolute value of the difference between the length and the width of the district. In general, the length-width compactness of a district is calculated by measuring the distance from the northernmost point or portion of the boundary of a district to the southernmost point or portion of the boundary of the same district and the distance from the westernmost point or portion of the boundary of the district to the easternmost point or portion of the boundary of the same district. The absolute values computed for individual districts under this paragraph may be cumulated for all districts in a plan in order to compare the overall compactness of two or more alternative districting plans for the state, or for a portion of the state.

      b. Perimeter compactness. The compactness of a district is greatest when the distance needed to traverse the perimeter boundary of a district is as short as possible. The total perimeter distance computed for individual districts under this paragraph may be cumulated for all districts in a plan in order to compare the overall compactness of two or more alternative districting plans for the state, or for a portion of the state.

5. No district shall be drawn for the purpose of favoring a political party, incumbent legislator or member of Congress, or other person or group, or for the purpose of augmenting or diluting the voting strength of a language or racial minority group. In establishing districts, no use shall be made of any of the following data:

      a. Addresses of incumbent legislators or members of Congress.

      b. Political affiliations of registered voters.

      c. Previous election results.

      d. Demographic information, other than population head counts, except as required by the Constitution and the laws of the United States.

6. In order to minimize electoral confusion and to facilitate communication within state legislative districts, each plan drawn under this section shall provide that each representative district is wholly included within a single senatorial district and that, so far as possible, each representative and each senatorial district shall be included within a single congressional district. However, the standards established by subsections 1 through 5 shall take precedence where a conflict arises between these standards and the requirement, so far as possible, of including a senatorial or representative district within a single congressional district.

* * *

Kansas

Guidelines and Criteria for 2002 Congressional and Legislative Redistricting, adopted by House Select Committee on Redistricting, April 25, 2001, adopted by Senate Committee on Reapportionment, April 26, 2001

Legislative Redistricting

* * *

2.    Districts should be numerically as equal in population as practical within the limitations of Census geography and application of guidelines set out below. Deviations should not exceed plus or minus 5 percent of the ideal population of 21,378 for each House district and 66,806 for each Senate district, except in unusual circumstances. (The range of deviation for House districts could be plus or minus 1,069 persons, for districts that could range in population from 20,309 to 22,447. The overall deviation for House districts could be 2,138 persons. The range of deviation for Senate districts could be plus or minus 3,340 persons, for districts that could range in population from 63,466 to 70,147. The overall deviation for Senate districts could be 6,681 persons.)

3.    Redistricting plans will have neither the purpose nor the effect of diluting minority voting strength.

4.    Subject to the requirement of guideline No. 2:

       a.     The “building blocks” to be used for drawing district boundaries shall be voting districts (VTDs) as described on official 2000 Redistricting U.S. Census maps.

       b.    Districts should be as compact as possible and contiguous.

       c.    The integrity and priority of existing political subdivisions should be preserved to the extent possible.

       d.    There should be recognition of similarities of interest. Social, cultural, racial, ethnic, and economic interests common to the population of the area, which are probable subjects of legislation (generally termed “communities of interest”), should be considered. While some communities of interest lend themselves more readily than others to being embodied in legislative districts, the Committee will attempt to accommodate interests articulated by residents.

       e.    Contests between incumbent members of the Legislature or the State Board of Education will be avoided whenever possible.

       f.     Districts should be easily identifiable and understandable by voters.

Congressional Redistricting

1.    * * * The “building blocks” to be used for drawing district boundaries shall be Kansas counties and voting districts (VTDs) as their population is reported in the 2000 U.S. Decennial Census.

2.    Districts are to be as nearly equal to 672,105 population as practicable.

3.    Redistricting plans will have neither the purpose nor the effect of diluting minority voting strength.

4.    Districts should attempt to recognize “community of interests” when that can be done in compliance with the requirement of guideline No. 2.

       a.     Social, cultural, racial, ethnic, and economic interests common to the population of the area, which are probable subjects of legislation (generally termed “communities of interest”), should be considered.

       b.    If possible, preserving the core of the existing districts should be undertaken when considering the “community of interests” in establishing districts.

       c.    Whole counties should be in the same congressional district to the extent possible while achieving population equality among districts. County lines are meaningful in Kansas and Kansas counties have historically been significant political units. Many officials are elected on a countywide basis, and political parties have been organized in county units. Election of the Kansas members of Congress is a political process requiring political organizations which in Kansas are developed in county units. To a considerable degree most counties in Kansas are economic, social, and cultural units, or parts of a larger socioeconomic unit. These interests common to the population of the area, generally termed “community of interests” should be considered during the creation of congressional districts.

5.    Districts should be as compact as possible and contiguous, subject to the requirement of guideline No. 2.

Kentucky

Criteria/Standards for Congressional Redistricting, adopted by Interim Joint Committee on State Government’s Redistricting Subcommittee, July 11, 1991

 * * *

2. All congressional districts will be composed of contiguous geography.

3. Kentucky is covered by the provisions of Section 2 of the federal Voting Rights Act. All congressional district plans will meet the applicable provisions.

4. Where possible, congressional districts should attempt to preserve communities of interest where such efforts do not violate the other stated criteria.

5. Counties should be used as district building blocks where possible, and to the extent consistent with other aspects of these criteria, recognizing that some counties will of necessity be split in order to achieve stated equality of population goals.

       a. Where county lines cannot be maintained, district boundaries should follow as closely as practicable the local voting precinct boundary lines in order to minimize voter confusion and cost of election administration.

       b. Where voting precinct boundary lines cannot be followed and also meet the population criteria as stated in these guidelines, district lines must follow census block geography in order to maintain the integrity of the statistical analysis. If a proposed congressional district line follows a precinct line that splits a census block, the district line should be moved to the boundary of the split census block.

 * * *

8. Efforts will be made to preserve cores of existing districts where such efforts are consistent with and do not violate the other criteria stated herein, with the realization that Kentucky will lose one congressional district.

Louisiana

Rules for Redistricting, Louisiana House of Representatives, Subcommittee on Reapportionment of the Committee on House and Governmental Affairs, adopted June 27, 2001

To promote the development of a constitutionally acceptable redistricting plan, the committee adopts the following rules for itself, declaring the same to constitute minimally acceptable criteria for redistricting of the House of Representatives [and] Congress * * *.

I.     Criteria

       A.   All redistricting plans shall provide for single-member districts.

       B.    All redistricting plans for the House of Representatives * * * shall provide for an absolute deviation of population within plus or minus five percent of the ideal district population as follows:

               1.      House of Representatives: 42,561 (40,433 to 44,689)

                * * *

       C.    All redistricting plans for Congress shall provide that each congressional district shall have a population as nearly equal to 638,425 as practicable.

       D.   All redistricting plans shall contain whole election precincts established pursuant to R.S. 18:532 and 532.1.

       E.    All redistricting plans shall provide that each district is composed of contiguous geography.

       F.    All redistricting plans shall respect the recognized political boundaries and natural geography of this state, to the extent practicable.

       G.   All redistricting plans shall comply with applicable state and federal statutory and constitutional law and jurisprudence.

       H.   In order to minimize voter confusion, due consideration shall be given to traditional district alignments.

* * *

Maine

Constitution, Article IV, Part First

Section 2. Number of Representatives; biennial terms; division of the State into districts for House of Representatives. * * * Each Representative District shall be formed of contiguous and compact territory and shall cross political subdivision lines the least number of times necessary to establish as nearly as practicable equally populated districts. Whenever the population of a municipality entitles it to more than one district, all whole districts shall be drawn within municipal boundaries. Any population remainder within the municipality shall be included in a district with contiguous territory and shall be kept intact.

Maine Revised Statutes Annotated, title 21A

§ 1206-A. Reapportionment of state legislative districts.

* * * When reapportioning districts, where possible, the Legislative Apportionment Commission shall attempt to form functionally contiguous and compact territories. For purposes of this section, a "functionally contiguous and compact territory" is one that facilitates representation by minimizing impediments to travel within the district. Impediments to travel include, but are not limited to, physical features such as mountains, rivers, oceans and discontinued roads or lack of roads. The commission shall recognize that all political subdivision boundaries are not of equal importance and give weight to the interests of local communities when making district boundary decisions.

Maryland

Constitution, Article III

Section 4. Requirements for districts. Each legislative district shall consist of adjoining territory, be compact in form, and of substantially equal population. Due regard shall be given to natural boundaries and the boundaries of political subdivisions.

Legal Standards for Plan Development, adopted by Governor’s Redistricting Advisory Committee, 2001

 * * *

B. Minority Representation

Congressional and legislative district plans may not dilute minority voting strengths in violation of the 1965 Voting Rights Act, as amended. No plan shall be acceptable if it affords members of a racial or language minority group “less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice.”

1. Districts should not be created which would either illegally “pack” a super-majority of a racial or language minority group into a district, or illegally “fracture” such a group into more than one district so as to dilute their ability to elect their chosen representatives.

2. Multi-member districts are clearly allowable, but they must not be created so as to violate the Voting Rights Act by allowing a racial or language majority group, voting as a bloc, to defeat candidates supported by a politically cohesive, geographically insular minority group, which could constitute a majority in a single-member district.

C. Contiguity

The territory of each legislative district should be contiguous. Although it is not legally or constitutionally required, the Governor’s Redistricting Advisory Committee will endeavor to propose Congressional districts, to the extent reasonable and possible, that are contiguous, including contiguity by water.

D. Compactness

To the extent permitted by other controlling considerations and by the geographical configuration of the State, the subdivisions, and election precincts, each legislative district should be compact in form. Although it is not legally or constitutionally required, the Governor’s Redistricting Advisory Committee will endeavor to recommend Congressional districts, to the extent possible, that are compact. To the extent possible, recognition may also be given to prior legislative district boundaries.

E. Political Subdivisions

Due regard should be given to the boundaries of political subdivisions, and, where possible, the splitting of municipalities should be avoided.

F. Natural Boundaries

Due regard should be given to natural boundaries, such as bodies of water, mountain ranges, and other significant geological and topographic features.

G. Precinct Lines

To the extent possible, the plan, as recommended, should follow established 2000 Voting District (precinct) lines as shown on the Maryland Department of Planning’s Precincts 2000 maps and the census VTD (precinct) population counts.

H. Communities of Interest

To the extent permitted by federal case law, the recommended plan should be cognizant of, and give consideration to, preserving identifiable communities of interest.

I. Cognizance of Existing Lines

It is permissible for the recommended plan to consider existing congressional and legislative districts and incumbent representation.

J. Voting Behavior

To the extent permitted by law, it is permissible for the recommended plan to consider the voting behavior of the electorate.

K. Subdistricting

Subdistricting, with respect to legislative districts, may be permitted to protect the integrity of political subdivisions and to comply with the Voting Rights Act.

Among the foregoing legal constraints, it is clear that requirements regarding equal population (A) and minority representation (B) have the highest priority under constitutional and judicial standards. Constraints regarding contiguity, compactness, natural boundaries, and political subdivisions then follow. It is recognized that the application of the legal constraints may foreclose a uniform application of guidelines G through J, and that the application of one or more of those guidelines may be precluded, in given situations, by the application of other guidelines. However, the total set of guidelines A through J should be adopted, subject to these limitations.

Massachusetts

Constitution, Article CI, as amended by Article CIX

Section 1. * * * The General Court shall * * * divide the Commonwealth into one hundred and sixty representative districts of contiguous territory so that each representative will represent an equal number of inhabitants, as nearly as may be; and such districts shall be formed, as nearly as may be, without uniting two counties or parts of two or more counties, two towns or parts of two or more towns, two cities or parts of two or more cities, or a city and a town, or parts of cities and towns, into one district. Such districts shall also be so formed that no town containing less than twenty-five hundred inhabitants according to said census shall be divided.

Section 2. * * * The General Court shall * * * divide the Commonwealth into forty districts of contiguous territory, each district to contain, as nearly as may be, an equal number of inhabitants according to said census; and such districts shall be formed, as nearly as may be, without uniting two counties, or parts of two or more counties, into one district.

Michigan

Constitution, Article IV

Section 2. * * * Each such district shall follow incorporated city or township boundary lines to the extent possible and shall be compact, contiguous, and as nearly uniform in shape as possible.

Michigan Compiled Laws

§ 3.63 Redistricting plan; guidelines.

Except as otherwise required by federal law for congressional districts in this state, the redistricting plan shall be enacted using only these guidelines in the following order of priority:

(a) The constitutional guideline is that each congressional district shall achieve precise mathematical equality of population in each district.

(b) The federal statutory guidelines in no order of priority are as follows:

       (i) Each congressional district shall be entitled to elect a single member.

       (ii) Each congressional district shall not violate section 2 of title I of the voting rights act of 1965, Public Law 89-110, 42 U.S.C. 1973.

(c) The secondary guidelines in order of priority are as follows:

       (i) Each congressional district shall consist of areas of convenient territory contiguous by land. Areas that meet only at points of adjoining corners are not contiguous.

       (ii) Congressional district lines shall break as few county boundaries as is reasonably possible.

       (iii) If it is necessary to break county lines to achieve equality of population between congressional districts as provided in subdivision (a), the number of people necessary to achieve population equality shall be shifted between the 2 districts affected by the shift.

       (iv) Congressional district lines shall break as few city and township boundaries as is reasonably possible.

       (v) If it is necessary to break city or township lines to achieve equality of population between congressional districts as provided in subdivision (a), the number of people necessary to achieve population equality shall be shifted between the 2 districts affected by the shift.

       (vi) Within a city or township to which there is apportioned more than 1 congressional district, district lines shall be drawn to achieve the maximum compactness possible.

       (vii) Compactness shall be determined by circumscribing each district within a circle of minimum radius and measuring the area, not part of the Great Lakes and not part of another state, inside the circle but not inside the district.

       (viii) If a discontiguous township island exists within an incorporated city or discontiguous portions of townships are split by an incorporated city, the splitting of the township shall not be considered a split if any of the following circumstances exist:

               (A) The city must be split to achieve equality of population between congressional districts as provided in subdivision (a) and it is practicable to keep the township together within 1 district.

               (B) A township island is contained within a whole city and a split of the city would be required to keep the township intact.

               (C) The discontiguous portion of a township cannot be included in the same district with another portion of the same township without creating a noncontiguous district.

(ix) Each congressional district shall be numbered in a regular series, beginning with congressional district 1 in the northwest corner of the state and ending with the highest numbered district in the southeast corner of the state.

§ 4.261. Redistricting plan for senate and house of representatives; enactment by legislature; guidelines.

* * *

(c) Senate and house of representatives districts shall be areas of convenient territory contiguous by land. Areas that meet only at the points of adjoining corners are not contiguous.

(d) Senate and house of representatives districts shall have a population not exceeding 105% and not less than 95% of the ideal district size for the senate or the house of representatives unless and until the United States supreme court establishes a different range of allowable population divergence for state legislative districts.

(e) Senate and house of representatives district lines shall preserve county lines with the least cost to the principle of equality of population provided for in subdivision (d).

(f) If it is necessary to break county lines to stay within the range of allowable population divergence provided for in subdivision (d), the fewest whole cities or whole townships necessary shall be shifted. Between 2 cities or townships, both of which will bring the districts into compliance with subdivisions (d) and (h), the city or township with the lesser population shall be shifted.

(g) Within those counties to which there is apportioned more than 1 senate district or house of representatives district, district lines shall be drawn on city and township lines with the least cost to the principle of equality of population between election districts consistent with the maximum preservation of city and township lines and without exceeding the range of allowable divergence provided for in subdivision (d).

(h) If it is necessary to break city or township lines to stay within the range of allowable divergence provided for in subdivision (d), the number of people necessary to achieve population equality shall be shifted between the 2 districts affected by the shift, except that in lieu of absolute equality the lines may be drawn along the closest street or comparable boundary.

(i) Within a city or township to which there is apportioned more than 1 senate district or house of representatives district, district lines shall be drawn to achieve the maximum compactness possible within a population range of 98% to 102% of absolute equality between districts within that city or township.

(j) Compactness shall be determined by circumscribing each district within a circle of minimum radius and measuring the area, not part of the Great Lakes and not part of another state, inside the circle but not inside the district.

(k) If a discontiguous township island exists within an incorporated city or discontiguous portions of townships are split by an incorporated city, the splitting of the township shall not be considered a split if any of the following circumstances exist:

       (i) The city must be split to stay within the range of allowable divergence provided for in subdivision (d) and it is practicable to keep the township together within 1 district.

       (ii) A township island is contained within a whole city and a split of the city would be required to keep the township intact.

       (iii) The discontiguous portion of a township cannot be included in the same district with another portion of the same township without creating a noncontiguous district.

(l) Senate and house districts shall not violate the precedents established in Miller v Johnson, 115 S Ct 2475; 132 L Ed 2d 762 (1995); Bush v Vera, 116 S Ct 1941; 135 L Ed 2d 248 (1996); and, Shaw v Hunt, 116 S Ct 1894; 135 L Ed 2d 207 (1996).

§ 4.261a. Senate and house districts; violation of voting rights act of 1965 prohibited

Senate and house districts shall not violate section 2 of title I of the voting rights act of 1965, Public Law 89-110, 42 U.S.C. 1973.

Minnesota

Constitution, Article IV

Section 2. * * * The representation in both houses shall be apportioned equally throughout the different sections of the state in proportion to the population thereof.

Section 3. * * * Senators shall be chosen by single districts of convenient contiguous territory. No representative district shall be divided in the formation of a senate district. The senate districts shall be numbered in a regular series.

Minnesota Statutes

§ 2.91. Redistricting plans.

 * * *

Subd. 2. Corrections. The legislature intends that a redistricting plan encompass all the territory of this state, that no territory be omitted or duplicated, that all districts consist of convenient contiguous territory substantially equal in population, and that political subdivisions not be divided more than necessary to meet constitutional requirements. * * *

Order Stating Redistricting Principles and Requirements for Plan Submissions, Zachman v. Kiffmeyer, No. C0-01-160 (Minn. Spec. Redis. Panel Dec. 11, 2001)

Congressional Districts

* * *

2.    The districts must be as nearly equal in population as is practicable. * * * Because a court-ordered redistricting plan must conform to a higher standard of population equality than a legislative redistricting plan, absolute population equality will be the goal. * * *

3.    The congressional district numbers will begin with district one in the southeast corner of the state and end with district eight in the northeast corner of the state.

4.    Districts will consist of convenient, contiguous territory structured into compact units. Contiguity by water is sufficient if the water is not a serious obstacle to travel within the district. Districts with areas that connect at only a single point will be considered noncontiguous. * * *

5.    Congressional districts shall not be drawn with either the purpose or effect of diluting racial or ethnic minority voting strength and must otherwise comply with the Voting Rights Act of 1965, as amended, and the Fourteenth and Fifteenth Amendments to the United States Constitution.

6.    The districts will be drawn with attention to county, city, and township boundaries. A county, city, or township will not be divided into more than one district except as necessary to meet equal population requirements or to form districts that are composed of convenient, contiguous, and compact territory. When any county, city, or township must be divided into one or more districts, it will be divided into as few districts as possible. * * *

7.    Communities of interest will be preserved where possible in compliance with the preceding principles. For purposes of this principle, “communities of interest” include, but are not limited to, groups of Minnesota citizens with clearly recognizable similarities of social, geographic, political, cultural, ethnic, economic, or other interests. Additional communities of interest will be considered if persuasively established and not in violation of applicable law.

8.    Districts may not be drawn for the purpose of protecting or defeating an incumbent. However, as a factor subordinate to all redistricting criteria, the panel may view a proposed plan’s effect on incumbents to determine whether the plan results in either undue incumbent protection or excessive incumbent conflicts.

Legislative Districts

* * *

2.    No representative district shall be divided in the formation of a senate district. * * *

3.    Legislative redistricting plans will faithfully adhere to the concept of population-based representation. * * * The plans will not exceed a maximum population deviation of plus or minus 2%. * * * Because a court-ordered redistricting plan must conform to a higher standard of population equality than a legislative redistricting plan, de minimis deviation from the ideal district population will be the goal. * * *

4.    The legislative districts must be numbered in a regular series, beginning with House District 1A in the northwest corner of the state and proceeding across the state from west to east, north to south, but bypassing the seven-county metropolitan area until the southeast corner has been reached; then to the seven-county metropolitan area outside the cities of Minneapolis and St. Paul; then to Minneapolis and St. Paul.

5.    Districts will consist of convenient, contiguous territory structured into compact units. Contiguity by water is sufficient if the water is not a serious obstacle to travel within the district. Districts with areas that connect at only a single point will be considered noncontiguous. * * *

6.    Legislative districts shall not be drawn with either the purpose or effect of diluting racial or ethnic minority voting strength and must otherwise comply with the Voting Rights Act of 1965, as amended, and the Fourteenth and Fifteenth Amendments to the United States Constitution.

7.    The districts will be drawn with attention to county, city, and township boundaries. A county, city, or township will not be divided into more than one district except as necessary to meet equal population requirements or to form districts that are composed of convenient, contiguous, and compact territory. When any county, city, or township must be divided into one or more districts, it will be divided into as few districts as possible. * * *

8.    Communities of interest will be preserved where possible in compliance with the preceding principles. For purposes of this principle, “communities of interest” include, but are not limited to, groups of Minnesota citizens with clearly recognizable similarities of social, geographic, political, cultural, ethnic, economic, or other interests. Additional communities of interest will be considered if persuasively established and not in violation of applicable law.

9.    Districts may not be drawn for the purpose of protecting or defeating an incumbent. However, as a factor subordinate to all redistricting criteria, the panel may view a proposed plan’s effect on incumbents to determine whether the plan results in either undue incumbent protection or excessive incumbent conflicts.

Mississippi

Mississippi Code of 1972

§ 5-3-101. Guidelines and standards for apportionment.

In accomplishing the apportionment, the committee shall follow such constitutional standards as may apply at the time of the apportionment and shall observe the following guidelines unless such guidelines are inconsistent with constitutional standards at the time of the apportionment, in which event the constitutional standards shall control:

(a) Every district shall be compact and composed of contiguous territory and the boundary shall cross governmental or political boundaries the least number of times possible; and

(b) Districts shall be structured, as far as possible and within constitutional standards, along county lines; if county lines are fractured, then election district lines shall be followed as nearly as possible.

Criteria for Congressional Redistricting, adopted by the Standing Joint Congressional Redistricting Committee, May 10, 2001

1.    District populations should be as equal as practicable.

2.    Districts should be composed of contiguous territory.

3.    The Committee should comply with the Constitution of the United States and Sections 2 and 5 of the Voting Rights Act of 1965.

Criteria for Legislative Redistricting, adopted by the Standing Joint Legislative Committee on Reapportionment, February 26, 2002

1.    The population of each district should be relatively equal in size with a deviation not greater than 5% above or below the ideal district size.

2.    Districts should be composed of contiguous territory.

3.    The redistricting plan should comply with all applicable state and federal laws, including Sections 2 and 5 of the Voting Rights Act of 1965 and the Mississippi and United States Constitutions.

Missouri

Constitution, Article 3

Section 2. Election of representatives--apportionment commission, appointment, duties, compensation. * * * Each district shall be composed of contiguous territory as compact as may be.

Section 45. Congressional apportionment. * * * [T]he general assembly shall by law divide the state into districts * * * composed of contiguous territory as compact and as nearly equal in population as may be.

Redistricting Standards and Guidelines, adopted by the House Committee on Redistricting, 1991

Districts will be:

(1) composed of contiguous territory

(2) be compact

* * *

(4) not dilute the voting strength of racial or language minority populations

(5) not degrade a voter’s or a group of voters influence on the political process as a whole.

Other guidelines:

(1) does not divide counties, except in large metropolitan areas

(2) does not divide cities, except in large metropolitan areas and except when cities are in more than one county

(3) Preserves long-standing communities of interest based on social, cultural, ethnic, and economic similarities

(4) preserves the geographic cores of existing districts

Montana

Constitution, Article V

Section 14. Districting and apportionment. (1) * * * Each district shall consist of compact and contiguous territory. All districts shall be as nearly equal in population as is practicable.

Montana Code Annotated

§ 5-1-115. Redistricting criteria.

(1) Subject to federal law, legislative and congressional districts must be established on the basis of population.

(2) In the development of legislative districts, a plan is subject to the Voting Rights Act and must comply with the following criteria, in order of importance:

       (a) The districts must be as equal as practicable, meaning to the greatest extent possible, within a plus or minus 1% relative deviation from the ideal population of a district as calculated from information provided by the federal decennial census. The relative deviation may be exceeded only when necessary to keep political subdivisions intact or to comply with the Voting Rights Act.

       (b) District boundaries must coincide with the boundaries of political subdivisions of the state to the greatest extent possible. The number of counties and cities divided among more than one district must be as small as possible. When there is a choice between dividing local political subdivisions, the more populous subdivisions must be divided before the less populous, unless the boundary is drawn along a county line that passes through a city.

       (c) The districts must be contiguous, meaning that the district must be in one piece. Areas that meet only at points of adjoining corners or areas separated by geographical boundaries or artificial barriers that prevent transportation within a district may not be considered contiguous.

       (d) The districts must be compact, meaning that the compactness of a district is greatest when the length of the district and the width of a district are equal. A district may not have an average length greater than three times the average width unless necessary to comply with the Voting Rights Act.

 (3) A district may not be drawn for the purposes of favoring a political party or an incumbent legislator or member of congress. The following data or information may not be considered in the development of a plan:

       (a) addresses of incumbent legislators or members of congress;

       (b) political affiliations of registered voters;

       (c) partisan political voter lists; or

       (d) previous election results, unless required as a remedy by a court.

Criteria and Guidelines for Legislative Districts, adopted by Districting and Apportionment Commission, April 18, 2001

Mandatory Criteria for Legislative Districts

1.    Population equality and maximum population deviation. All legislative districts must be as nearly equal in population as is practicable within a maximum deviation of no more than plus or minus 5% from the ideal population6 of 9,022 persons. (U. S. and Montana Constitutions and U.S. Supreme Court decisions)

2.    Compact and contiguous districts. Each district shall consist of a compact and contiguous territory. The Commission will use a general appearance test regarding compactness and consider its functional compactness in terms of travel and transportation, communication, and geography. (Montana Constitution)

3.    Protection of minority voting rights and compliance with the Voting Rights Act. No district, plan, or proposal for a plan is acceptable if it affords members of a racial or language minority group "less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice". (U.S. Constitution and 42 U.S.C. 1973)

4.    Race cannot be the predominant factor to which the traditional discretionary criteria are subordinated. (Shaw v. Reno, 509 U.S. 630 (1993)

Discretionary Criteria for Legislative Districts

1.    Following the lines of political units. The Commission will consider the boundary lines of counties, cities, towns, school districts, Indian reservations, voting precincts, and other political units to the extent that they are reflected in the geographical database. If the lines do not follow lines in the geographical database, they can provide guidance.

2.    Following geographic boundaries. Districts lines will be drawn as provided in the TIGER/Line files of the U.S. Bureau of the Census.

3.    Keeping communities of interest intact. The Commission will consider keeping communities of interest intact. Communities of interest can be based on trade areas, geographic location, communication and transportation networks, media markets, Indian reservations, urban and rural interests, social, cultural, and economic interests, or occupations and lifestyles.

Operational Guidelines

* * *

3.    The Commission will begin its redistricting in Glacier County (and adjacent Flathead and Lake Counties, as necessary) and to proceed in a clockwise motion throughout the state. The Commission will proceed along the Hi-Line, including Cascade County, to Eastern Montana. Following the completion of Eastern Montana, proceed west through Southcentral Montana, then north through the western third of the state. Flathead and Lake Counties will be contacted initially in the development of districts with Glacier and Pondera Counties that reflect concerns raised in the Old Person lawsuit, but the remainder of the districts in the counties will not be drawn until the final third of the state is considered next spring.

Nebraska

Constitution, Article III

Section 5. * * * [A]ny county that contains population sufficient to entitle it to two or more members of the Legislature shall be divided into separate and distinct legislative districts, as nearly equal in population as may be and composed of contiguous and compact territory.

Legislative Resolution No. 7, adopted by the Nebraska Legislature, 2001

* * *

3.    District boundaries shall follow county lines whenever practicable and shall define districts that are compact and contiguous as these terms have been articulated by the United States Supreme Court. Should adherence to county lines cause a redistricting plan, or any aspect thereof, to be in violation of principles set forth by the United States Supreme Court in interpreting the United States Constitution, that requirement may be waived to the extent necessary to bring the plan or aspect of the plan into compliance with these principles.

4.    Insofar as possible, and within the context of principles set forth by the United States Supreme Court, district boundaries shall define districts that are easily identifiable and understandable to voters and that preserve the cores of prior districts. When feasible, district boundary lines shall coincide with the boundaries of cities and villages. If a county, city, or village must be divided, the division shall be made along clearly recognizable boundaries, as described by census geography.

5.    District boundaries shall not be established with the intention of favoring a political party or any other group or person.

6.    In drawing district boundaries, no consideration shall be given to the political affiliations of registered voters, demographic information other than population figures, or the results of previous elections, except as may be required by the laws and Constitution of the United States.

7.    District boundaries which would result in the unlawful dilution of the voting strength of any minority population shall not be established.

8.    The general goal of the redistricting process shall be the creation of districts that are substantially equal in population. The specific criteria under which redistricting plans shall be judged with regard to the issue of population equality are described in Guideline 9.

9.    The following criteria shall be specifically applicable to the public bodies for which the Legislature will create new district boundaries in 2001:

       United States House of Representatives

       a.     * * *

       b.    Population among districts shall be as nearly equal as practicable, that is, with an overall range of deviation at or approaching 0%.

       c.    No plan will be considered which results in an overall range of deviation in excess of 1% or a relative deviation in excess of plus or minus 0.5%, based on the ideal district population. Any deviation from absolute equality of population must be necessary to the achievement of a legitimate state objective as that concept has been articulated by the United States Supreme Court. To the extent that such objectives are relied on, they shall be applied consistently, and shall include, but not be limited to, the creation of compact districts, the preservation of municipal boundaries, and the preservation of the cores of prior districts. Whenever there is presented to the Legislature more than one plan that will substantially vindicate the above objectives, preference will be given to the plan that provides the greatest degree of population equality.

       Legislature

       a.     * * *

       b.    In establishing new legislative district boundaries, the Legislature shall create districts that are as nearly equal in population as may be. No plan will be considered which results in an overall range of deviation in excess of 10% or a relative deviation in excess of plus or minus 5%, based on the ideal district population.

       c.    Any deviation in excess of the above must be justifiable as necessary for the realization of a “rational state policy” as that concept has been articulated by the United States Supreme Court.

       d.    If the population of any county falls within the relative deviation set forth in these guidelines, the boundaries of that county shall define a legislative district.* * *

Nevada

Assembly Concurrent Resolution No. 1, Joint Standing Rules, adopted February 12, 2001

* * *

Rule No. 13.1. Equality of Representation.

1.    In order to meet constitutional guidelines for deviations in population among state legislative districts, no plan, or proposed amendment thereto, will be considered that results in an overall range of deviation in excess of 10 percent, or a relative deviation in excess of plus or minus 5 percent from the ideal district population.

2.    The population of each of the Nevada congressional districts must be as nearly equal as is practicable. Any population deviation among the congressional districts from the ideal district population must be necessary to achieve some legitimate state objective. Legitimate state objectives, as judicially determined, include making districts compact, respecting municipal boundaries, preserving the cores of prior districts and avoiding contests between incumbent representatives. In order to meet constitutional guidelines for congressional districts, no plan, or proposed amendment thereto, will be considered that results in an overall range of deviation in excess of 1 percent, or a relative deviation in excess of plus or minus one-half percent from the ideal district population.

3.    Equality of population in accordance with the standard for state legislative districts is the goal of redistricting for the State Board of Education and the Board of Regents.

* * *

Rule No. 13.3. Districts.

All district boundaries created by a redistricting plan must follow the census geography.

* * *

Rule No. 13.5. Compliance with the Voting Rights Act.

1.    The redistricting committees will not consider a plan that discernibly violates section 2 of the Voting Rights Act, codified as 42 U.S.C. § 1973(a), which prohibits any state from imposing any voting qualification, standard, practice or procedure that results in the denial or abridgment of any United States citizen’s right to vote on account of race, color or status as a member of a language minority group.

2.    The redistricting committees will not consider a plan that is discernibly racially gerrymandered. Racial gerrymandering exists when:

       a.     race is the dominant and controlling rationale in drawing district lines; and

       b.    the Legislature subordinates traditional districting principles to racial considerations.

For the purposes of this subsection, “traditional districting principles” are those traditional redistricting principles that have been judicially recognized and include compactness of districts, contiguity of districts, preservation of political subdivisions, preservation of communities of interest, preservation of cores of prior districts, protection of incumbents and compliance with section 2 of the Voting Rights Act, 42 U.S.C. § 1973 (2).

3.    For the purpose of analyzing the 2000 census data, the redistricting committees shall adopt the method set forth in the Office of Management and Budget (OMB) Bulletin No. 00-02 for aggregating and allocating the 63 categories of race data that will be reported to Nevada by the United States Census Bureau as part of the federal decennial census.

* * *

New Hampshire

Constitution, Part Second, House of Representatives

Article 9. Representatives Elected Every Second Year; Apportionment of Representatives. * * * In making such apportionment, no town, ward or place shall be divided nor the boundaries thereof altered.

* * *

Article 11. Small Towns; Representation by Districts. When the population of any town or ward, according to the last federal census, is within a reasonable deviation from the ideal population for one or more representative seats, the town or ward shall have its own district of one or more representative seats. The apportionment shall not deny any other town or ward membership in a non-floterial representative district. When any town, ward, or unincorporated place has fewer than the number of inhabitants necessary to entitle it to one representative, the legislature shall form those towns, wards, or unincorporated places into representative districts which contain a sufficient number of inhabitants to entitle each district so formed to one or more representatives for the entire district. In forming the districts, the boundaries of towns, wards, and unincorporated places shall be preserved and contiguous. The excess number of inhabitants of districts may be added to the excess number of inhabitants of other districts to form at-large or floterial districts conforming to acceptable deviations. * * *

Article 11-a. Division of Town, Ward or Place; Representative Districts. Notwithstanding Articles 9 and 11, a law providing for an apportionment to form representative districts under Articles 9 and 11 of Part Second may divide a town, ward or unincorporated place into two or more representative districts if such town, ward or place, by referendum requests such division.

Constitution, Part Second, Senate

Article 26. Senatorial Districts, How Constituted. And that the state may be equally represented in the senate, the legislature shall divide the state into single-member districts, as nearly equal as may be in population, each consisting of contiguous towns, city wards and unincorporated places, without dividing any town, city ward or unincorporated place. * * *

New Jersey

Constitution, Article IV

Section II

1. * * * Each Senate district shall be composed, wherever practicable, of one single county, and, if not so practicable, of two or more contiguous whole counties.

 * * *

3. * * * The Assembly districts shall be composed of contiguous territory, as nearly compact and equal in the number of their inhabitants as possible * * *. Unless necessary to meet the foregoing requirements, no county or municipality shall be divided among Assembly districts unless it shall contain more than one-fortieth of the total number of inhabitants of the State, and no county or municipality shall be divided among a number of Assembly districts larger than one plus the whole number obtained by dividing the number of inhabitants in the county or municipality by one-fortieth of the total number of inhabitants of the State.

New Mexico

New Mexico Statutes Annotated

§ 2-7C-3. Membership.

The house of representatives is composed of seventy members to be elected from districts that are contiguous and that are as compact as is practical and possible.

§ 2-8D-2. Membership.

The senate is composed of forty-two members to be elected from districts that are contiguous and that are as compact as is practical.

Guidelines for the Development of State and Congressional Redistricting Plans, adopted by the Legislative Council and used by the Redistricting Committee as required by Laws 2001, Chapter 220, Section 3, Subsection A, Paragraph (2)

* * *

1.    Congressional districts shall be as equal in population as practicable.

2.    State districts shall be substantially equal in population; no plans will be considered that include any proposed legislative * * * districts subject to legislative redistricting with a total population that deviates more than plus or minus five percent from the ideal.

3.    * * *

4.    Since the precinct is the basic building block of a voting district in New Mexico, proposed redistricting plans to be considered by the legislature shall not be comprised of districts that split precincts.

5.    Plans must comport with the provisions of the Voting Rights Act of 1965, as amended, and federal constitutional standards. Plans that dilute a protected minority’s voting strength are unacceptable. Race may be considered in developing redistricting plans but shall not be the predominant consideration. Traditional race-neutral districting principles (as reflected in paragraph seven) must not be subordinated to racial considerations.

6.    All redistricting plans shall use only single-member districts.

7.    Districts shall be drawn consistent with traditional districting principles. Districts shall be composed of contiguous precincts, and shall be reasonably compact. To the extent feasible, districts shall be drawn in an attempt to preserve communities of interest and shall take into consideration political and geographic boundaries. In addition, the legislature may seek to preserve the core of existing districts, and may consider the residence of incumbents.

New York

Constitution, Article III

Section 4. * * * [E]ach senate district shall contain as nearly as may be an equal number of inhabitants, excluding aliens, and be in as compact form as practicable * * * and shall at all times consist of contiguous territory, and no county shall be divided in the formation of a senate district except to make two or more senate districts wholly in such county. No town, except a town having more than a full ratio of apportionment, and no block in a city inclosed by streets or public ways, shall be divided in the formation of senate districts; nor shall any district contain a greater excess in population over an adjoining district in the same county, than the population of a town or block therein adjoining such district. Counties, towns or blocks which, from their location, may be included in either of two districts, shall be so placed as to make said districts most nearly equal in number of inhabitants, excluding aliens. * * *

North Carolina

Constitution, Article II

Section 3. Senate districts: apportionment of Senators.

 * * *

(2) Each senate district shall at all times consist of contiguous territory:

(3) No county shall be divided in the formation of a senate district * * *

Section 5. Representative districts; apportionment of Representatives.

 * * *

(2) Each representative district shall at all times consist of contiguous territory;

(3) No county shall be divided in the formation of a representative district * * *

Redistricting Criteria for State House and Senate Districts, Stephenson v. Bartlett, No. 94PA02, 355 N.C. 354, 562 S.E.2d 377 (Apr. 30, 2002)

The Whole County Provision of the North Carolina Constitution must be harmonized with the one person, one vote requirement of the U.S. Constitution and the Voting Rights Act by applying the following criteria:

(1)   Draw districts required by the Voting Rights Act, complying to the extent possible with the Whole County Provision.

(2)   Make every district a single-member district, unless a multi-member district is necessary to advance a compelling governmental interest.

(3)   Keep the population of each district within plus or minus five percent of the ideal.

(4)   Take every county with the right population for a single-member district and make that county a single-member district.

(5)   Take every county with the right population for a multi-member district and divide that county internally into compact single-member districts, without involving other counties.

(6)   For a county not having the right population for any number of districts, group that county with the minimum number of other whole counties to create a cluster of counties that has the right population for a certain number of single-member districts. Then divide that cluster of counties into single-member districts, breaking county lines only to the minimum extent necessary. Within the clusters, “communities of interest should be considered in the formation of compact and contiguous districts.”

North Dakota

Constitution, Article IV

Section 2. The legislative assembly shall fix the number of senators and representatives and divide the state into as many senatorial districts of compact and contiguous territory as there are senators. * * * The legislative assembly may combine two senatorial districts only when a single member senatorial district includes a federal facility or federal installation, containing over two-thirds of the population of a single member senatorial district, and may provide for the election of senators at large and representatives at large or from subdistricts from those districts.

North Dakota Statutes,

§ 54-03-01.5 Legislative redistricting requirements.

* * *

(7)   Except as provided in subsection 3, one senator and two representatives must be apportioned to each senatorial district. Representatives may be elected at large or from subdistricts.

(8)   Multimember senate districts providing for two senators and four representatives are authorized only when a proposed single-member senatorial district includes a federal facility or federal installation, containing over two-thirds of the population of the proposed single-member senatorial district.

(9)   Legislative districts and subdistricts must be compact and of contiguous territory.

(10) Legislative districts must be as nearly equal in population as is practicable. Population deviation from district to district must be kept at a minimum. The total population variance of all districts, and subdistricts if created, from the average district population may not exceed recognized constitutional limitations.

Committee Guidelines, adopted 2001

Any plan considered must preserve existing district boundaries to the extent possible, preserve political subdivision boundaries to the extent possible, and provide for a population variance of under 10%.

Ohio

Constitution, Article XI

Section 3. Population of each house of representatives district.

The population of each house of representatives district shall be substantially equal to the ratio of representation in the house of representatives, as provided in section 2 of this Article, and in no event shall any house of representatives district contain a population of less than ninety-five per cent nor more than one hundred five per cent of the ratio of representation in the house of representatives, except in those instances where reasonable effort is made to avoid dividing a county in accordance with section 9 of this Article.

Section 6. Creation of district boundaries; change at end of decennial period.

 * * * District boundaries shall be created by using the boundaries of political subdivisions and city wards as they exist at the time of the federal decennial census on which the apportionment is based, or such other basis as the general assembly has directed.

Section 7. Boundary lines of house of representatives districts.

        (A) Every house of representatives district shall be compact and composed of contiguous territory, and the boundary of each district shall be a single nonintersecting continuous line. To the extent consistent with the requirements of section 3 of this Article, the boundary lines of districts shall be so drawn as to delineate an area containing one or more whole counties.

       (B) Where the requirements of section 3 of this Article cannot feasibly be attained by forming a district from a whole county or counties, such district shall be formed by combining the areas of governmental units giving preference in the order named to counties, townships, municipalities, and city wards.

       (C) Where the requirements of section 3 of this Article cannot feasibly be attained by combining the areas of governmental units as prescribed in division (B) of this section, only one such unit may be divided between two districts, giving preference in the selection of a unit for division to a township, a city ward, a city, and a village in the order named.

       (D) In making a new apportionment, district boundaries established by the preceding apportionment shall be adopted to the extent reasonably consistent with the requirements of section 3 of this Article.

Section 9. When population of county is fraction of ratio of representation.

In those instances where the population of a county is not less than ninety per cent nor more than one hundred ten per cent of the ratio of representation in the house of representatives, reasonable effort shall be made to create a house of representatives district consisting of the whole county.

Section 10. Creation and numbering of house of representatives districts.

The standards prescribed in sections 3, 7, 8, and 9 of this Article shall govern the establishment of house of representatives districts, which shall be created and numbered in the following order to the extent that such order is consistent with the foregoing standards:

       (A) Each county containing population substantially equal to one ratio of representation in the house of representatives, as provided in section 2 of this Article, but in no event less than ninety-five per cent of the ratio nor more than one hundred five per cent of the ratio shall be designated a representative district.

       (B) Each county containing population between ninety and ninety-five per cent of the ratio or between one hundred five and one hundred ten per cent of the ratio may be designated a representative district.

       (C) Proceeding in succession from the largest to the smallest, each remaining county containing more than one whole ratio of representation shall be divided into house of representatives districts. Any remaining territory within such county containing a fraction of one whole ratio of representation shall be included in one representative district by combining it with adjoining territory outside the county.

       (D) The remaining territory of the state shall be combined into representative districts.

Section 11. Senate districts.

Senate districts shall be composed of three contiguous house of representatives districts. A county having at least one whole senate ratio of representation shall have as many senate districts wholly within the boundaries of the county as it has whole senate ratios of representation. Any fraction of the population in excess of a whole ratio shall be a part of only one adjoining senate district. Counties having less than one senate ratio of representation, but at least one house of representatives ratio of representation shall be part of only one senate district.

The number of whole ratios of representation for a county shall be determined by dividing the population of the county by the ratio of representation in the senate determined under section 2 of this Article.

Senate districts shall be numbered from one through thirty-three and as provided in section 12 of this Article.

Oklahoma

Constitution, Article 5

Section 9A. Senatorial districts - Tenure. * * * In apportioning the State Senate, consideration shall be given to population, compactness, area, political units, historical precedents, economic and political interests, contiguous territory, and other major factors, to the extent feasible. * * *

Oregon

Constitution, Article IV

Section 7. Senatorial districts; senatorial and representative subdistricts. A senatorial district, when more than one county shall constitute the same, shall be composed of contiguous counties, and no county shall be divided in creating such senatorial districts. Senatorial or representative districts comprising not more than one county may be divided into subdistricts from time to time by law. Subdistricts shall be composed of contiguous territory within the district; and the ratios to population of senators or representatives, as the case may be, elected from the subdistricts, shall be substantially equal within the district.

[Note: The Oregon Supreme Court has ruled that election districts must be changed without regard to county lines in order to comply with the U.S. Constitution. Hovet v. Myers, 260 Ore. 152, 489 P.2d 684 (1971).]

Oregon Revised Statutes

§ 188.010. Criteria in apportionment for Legislative Assembly and Congress. The Legislative Assembly or the Secretary of State, whichever is applicable, shall consider the following criteria when apportioning the state into congressional and legislative districts:

(1) Each district, as nearly as practicable, shall:

       (a) Be contiguous;

       (b) Be of equal population;

       (c) Utilize existing geographic or political boundaries;

       (d) Not divide communities of common interest; and

       (e) Be connected by transportation links.

(2) No district shall be drawn for the purpose of favoring any political party, incumbent legislator or other person.

(3) No district shall be drawn for the purpose of diluting the voting strength of any language or ethnic minority group.

(4) Two state House of Representative districts shall be wholly included within a single state senatorial district.

Pennsylvania

Constitution, Article II

Section 16. Legislative Districts. [S]enatorial and * * * representative districts * * * shall be composed of compact and contiguous territory as nearly equal in population as practicable * * *. Unless absolutely necessary, no county, incorporated town, borough, township or ward shall be divided in forming either a senatorial or representative district.

Rhode Island

Constitution, Article VII

Section 1. Composition. * * * The house of representatives shall be constituted on the basis of population and the representative districts shall be as nearly equal in population and as compact in territory as possible. * * *

Constitution, Article VIII

Section 1. Composition. * * * The senate shall be constituted on the basis of population and the senatorial districts shall be as nearly equal in population and as compact in territory as possible.

South Carolina

Guidelines for Legislative and Congressional Redistricting, adopted by Senate Judiciary Committee’s Subcommittee on Redistricting, April 29, 2003

I.    EQUAL POPULATION

Equality of population of legislative and congressional districts insofar as is practicable is the goal of reapportionment and redistricting.

       A.   Legislative districts will be drawn to achieve substantial equality of population among the various districts. Population deviation should be within plus or minus five percent (+ or - 5%) and within an overall range less than ten (10%) percent. See, Gaffney v. Cummings, Conner v. Finch.

       B.    Congressional Districts. The apportionment clause of Article I, Section 2 of the United States Constitution requires that the population of each congressional district to be as nearly equal in population as practicable to the other congressional districts within the state. Therefore, a congressional redistricting plan should produce districts which are mathematically equal in population or which produce the lowest overall range practicable.

II.   AVOIDANCE OF RACIAL GERRYMANDERING

All districts should comply with the decisions of the United States Supreme Court in Shaw v. Reno, Miller v. Johnson, Shaw v. Hunt, Bush v. Vera, Hunt v. Cromartie, and any forthcoming decisions of the U.S. Supreme Court relating to gerrymandering. Consideration should be given to whether current districts comply with these court decisions.

III. VOTING RIGHTS ACT

A redistricting plan for the General Assembly or Congress should not have either the purpose or the effect of diluting minority voting strength and should otherwise comply with the Voting Rights Act, the Fourteenth and Fifteenth Amendments to the U.S. Constitution, the decisions of the U.S. Supreme Court in Reno v. Bossier Parish School Board, and any forthcoming decisions of the U.S. Supreme Court concerning voting rights.

IV.  CONTIGUITY

All legislative and congressional districts will be composed of contiguous geography. Contiguity by water is acceptable to link territory within a district provided that there is a reasonable opportunity to access all parts of the district and the linkage is designed to meet the other criteria stated herein. Point-to-point contiguity is acceptable so long as adjacent districts do not use the same vertex as points of transversal.

V.   COMMUNITIES OF INTEREST

Where practical, legislative and congressional districts should attempt to preserve communities of interest.

VI.  CONSTITUENT CONSISTENCY

Efforts will be made to preserve cores of existing districts.

VII.PRECINCT BOUNDARY LINES

District boundaries should adhere, to the extent practical, to voting precinct boundary lines, as represented by the Census Bureau's Voting Tabulation District (VTD) Lines, in order to minimize voter confusion and cost of election administration. Pending precinct boundary line realignments should be considered. If precincts must be split, every effort should be made to divide precincts along recognizable and demonstrable boundaries.

VIII.      MUNICIPAL AND COUNTY BOUNDARY LINES

Municipal and county boundaries should be considered when drawing district boundaries.

IX.  * * *

 X.   COMPACTNESS

Scrutiny of the compactness of districts has heightened under recent judicial decisions which have invalidated or criticized majority-minority districts that were the result of racial gerrymandering and were not narrowly tailored to satisfy a compelling state interest. In determining the relative compactness of a district, consideration should be given to overall geographical and demographic compactness.

Compactness also may be determined by an analysis of the function of the district. The district should be drawn to facilitate:

       A.   Enhanced communication between a representative and his constituents;

       B.    Enhanced opportunity for voters to know their representative and the other voters he represents; and

       C.    A representative’s reasonable access to constituents via roads and highways.

A functional analysis may be undertaken to ensure that the compactness also reflects:

       A.   Utilization of vernacularly insular regions so as to allow for the representation of common interests; and

       B.    Utilization of districts which facilitate a representative’s capabilities to effectively and efficiently communicate with his constituents in cognizable media markets.

South Dakota

Constitution, Article III

Section 5. Legislative reapportionment. * * * House districts shall be established wholly within senatorial districts and shall be either single-member or dual-member districts as the Legislature shall determine. Legislative districts shall consist of compact, contiguous territory and shall have population as nearly equal as is practicable, based on the last preceding federal census.

South Dakota Codified Laws

§ 2-2-32. Legislative policy in redistricting. The Legislature, in making the 2001 redistricting, determines, as a matter of policy, that the following principles are of primary significance:

(1)   Adherence to standards of population deviance as established by judicial precedent and to standards of population deviance as prescribed by S.D. Const., Art. III, § 5;

(2)   Protection of communities of interest by means of compact and contiguous districts;

(3)   Respect for geographical and political boundaries; and

(4)   Protection of minority voting rights consistent with the United States Constitution, the South Dakota Constitution, and federal statutes, as interpreted by the United States Supreme Court and other courts with jurisdiction.

Tennessee

Tennessee Code Annotated

§ 3-1-102. State senatorial districts.

* * *

(e) It is the legislative intent that all senate districts shall be contiguous and, toward that end, if any voting district or other geographical entity designated as a portion of a senate district is found to be noncontiguous with the larger portion of the senate district, it shall be constituted a portion of the senate district smallest in population to which it is contiguous.

* * *

(i) It is the intention of the general assembly in passing a plan apportioning the state senatorial districts to do so in a manner which complies with the constitutional mandates of the United States Constitution and the Constitution of Tennessee and applicable judicial decisions.

§ 3-1-103. State representative districts.

* * *

(b) It is the intention of the general assembly that:

       (1) Each district be represented by a single member;

       (2) Districts must be substantially equal in population in accordance with constitutional requirements for “one (1) person one (1) vote”;

       (3) Geographic areas, boundaries and population counts used for redistricting shall be based on the 2000 federal decennial census;

       (4) Districts must be contiguous and contiguity by water is sufficient and, toward that end, if any voting district or other geographical entity designated as a portion of a district is found to be noncontiguous with the larger portion of such district, it shall be constituted a portion of the district smallest in population to which it is contiguous;

       (5) No more than thirty (30) counties may be split to attach to other counties or parts of counties to form multi-county districts; and

       (6) The redistricting plan will comply with the Voting Rights Act and the fourteenth and fifteenth amendments to the United States Constitution.

Texas

Constitution, Article III

Section 25. Senatorial Districts. The State shall be divided into Senatorial Districts of contiguous territory, and each district shall be entitled to elect one Senator.

Section 26. Apportionment of Members of House of Representatives. The members of the House of Representatives shall be apportioned among the several counties, according to the number of population in each, as nearly as may be, on a ratio obtained by dividing the population of the State, as ascertained by the most recent United States census, by the number of members of which the House is composed; provided, that whenever a single county has sufficient population to be entitled to a Representative, such county shall be formed into a separate Representative District, and when two or more counties are required to make up the ratio of representation, such counties shall be contiguous to each other; and when any one county has more than sufficient population to be entitled to one or more Representatives, such Representative or Representatives shall be apportioned to such county, and for any surplus of population it may be joined in a Representative District with any other contiguous county or counties.

Utah

Redistricting Principles, adopted by the Redistricting Committee, April 26 and May 10, 2001

1. Congressional districts must be as nearly equal as practicable with a deviation not greater than +/- .5 %.

2. State legislative districts and state school board districts must have substantial equality of population among the various districts with a deviation not greater than +/- 4%.

3. Districts will be single member districts.

4. Plans will be drawn to create three Congressional Districts, four Congressional Districts, 29 State Senate Districts, 75 State House Districts, and 15 State School Board Districts.

5. In drawing districts, the official population enumeration of the 2000 decennial census will be used.

6. Districts will be contiguous and reasonably compact.

Vermont

Constitution, Chapter II

Section 13. Representatives; Number. * * * In establishing representative districts, which shall afford equality of representation, the General Assembly shall seek to maintain geographical compactness and contiguity and to adhere to boundaries of counties and other existing political subdivisions.

Section 18. Senators; Numbers; Qualifications. * * * In establishing senatorial districts, which shall afford equality of representation, the General Assembly shall seek to maintain geographical compactness and contiguity and to adhere to boundaries of counties and other existing political subdivisions.

Vermont Statutes Annotated, Title 17, Chapter 34A

§ 1903. Periodic Reapportionment; Standards.

(a) The house of representatives and the senate shall be reapportioned and redistricted on the basis of population during the biennial session after the taking of each decennial census of the United States, or after a census taken for the purpose of such reapportionment under the authority of this state.

(b) The standard for creating districts for the election of representatives to the general assembly shall be to form representative districts with minimum percentages of deviation from the apportionment standard for the house of representatives. The standard for creating districts for the election of senators on a county basis to the general assembly shall be to form senatorial districts with minimum percentages of deviation from the apportionment standard for the senate. The representative and senatorial districts shall be formed consistent with the following policies insofar as practicable:

       (1) preservation of existing political subdivision lines;

       (2) recognition and maintenance of patterns of geography, social interaction, trade, political ties and common interests;

       (3) use of compact and contiguous territory.

§ 1906b. Division of Two-member Representative Districts.

(a) An initial district entitled to two representatives under section 1893 of this title may be divided into single-member representative districts as provided in this section.

(b) As soon as practical after enactment of a final plan for initial districts under section 1906 of this title, the boards of civil authority of the town or towns which constitute 25 percent or more of the population of the initial district may call a meeting of the boards of civil authority of the town or towns of the initial district for the purpose of preparing a proposal for division of the district. Each board shall have one vote, provided that the proposal shall not provide for a representative district line to be drawn through a town if the board of civil authority of that town objects.

(c) In making a proposal under this section, the boards of civil authority shall consider:

       (1) preservation of existing political subdivision lines;

       (2) recognition and maintenance of patterns of geography, social interaction, trade, political ties and common interests;

       (3) use of compact and contiguous territory;

       (4) incumbencies.

 * * *

(f) Representative districts proposed under this section shall become effective when approved by the general assembly before adjournment sine die. The general assembly shall approve representative districts proposed by the boards of civil authority if they are consistent with the standards set forth in this section.

§ 1906c. Division of Districts Having Three or More Representatives.

(a) An initial district entitled to three or more representatives under section 1893 of this title shall be divided into single- and two-member representative districts as provided in this section.

(b) As soon as practical after enactment of a final plan for initial districts under section 1906 of this title, the boards of civil authority of the town or towns within an initial district having three or more representatives shall meet and prepare a proposal for division of the district. Each board shall have one vote, provided that the proposal shall not provide for a representative district line to be drawn through a town if the board of civil authority of that town objects.

(c) In making a proposal under this section, the boards of civil authority shall consider

       (1) preservation of existing political subdivision lines;

       (2) recognition and maintenance of patterns of geography, social interaction, trade, political ties and common interests;

       (3) use of compact and contiguous territory;

       (4) incumbencies.

* * *

(f) Representative districts proposed under this section shall become effective when approved by the general assembly before adjournment sine die. The general assembly shall approve representative districts proposed by the boards of civil authority if they are consistent with the standards set forth in this section.

Virginia

Constitution, Article II

Section 6. Apportionment. * * * Every electoral district shall be composed of contiguous and compact territory and shall be so constituted as to give, as nearly as is practicable, representation in proportion to the population of the district. * * *

Virginia Code

§ 24.2-305. Composition of election districts and precincts.

A. Each election district and precinct shall be composed of compact and contiguous territory and shall have clearly defined and clearly observable boundaries.

B. A “clearly observable boundary” shall include (i) any named road or street, (ii) any road or highway which is a part of the federal, state primary, or state secondary road system, (iii) any river, stream, or drainage feature shown as a polygon boundary on the TIGER/line files of the United States Bureau of the Census, or (iv) any other natural or constructed or erected permanent physical feature which is shown on an official map issued by the Virginia Department of Transportation, on a United States Geological Survey topographical map, or as a polygon boundary on the TIGER/line files of the United States Bureau of the Census. No property line or subdivision boundary shall be deemed to be a clearly observable boundary unless it is marked by a permanent physical feature that is shown on an official map issued by the Virginia Department of Transportation, on a United States Geological Survey topographical map, or as a polygon boundary on the TIGER/line files of the United States Bureau of the Census.

Committee Resolution No. 1, adopted by the Senate and House Committees on Privileges and Elections, April 3, 2001

 * * *

I.    Population Equality

The population of legislative districts shall be determined solely according to the enumeration established by the 2000 federal census. The population of each district shall be as nearly equal to the population of every other district as practicable. Population deviations in Senate districts should be within plus-or-minus two percent.

II.   Voting Rights Act

Districts shall be drawn in accordance with the laws of the United States and the Commonwealth of Virginia including compliance with protections against the unwarranted retrogression or dilution of racial or ethnic minority voting strength. Nothing in these guidelines shall be construed to require or permit any districting policy or action that is contrary to the United States Constitution or the Voting Rights Act of 1965.

III. Contiguity and Compactness

Districts shall be comprised of contiguous territory including adjoining insular territory. Contiguity by water is sufficient. Districts shall be contiguous and compact in accordance with the Constitution of Virginia as interpreted by the Virginia Supreme Court in the recent case of Jamerson v. Womack, 244 Va. 506 (1992).

IV.  Single- Member Districts

All districts shall be single-member districts.

V.   Communities of Interest

Districts shall be based on legislative consideration of the varied factors that can create or contribute to communities of interest. These factors may include, among others, economic factors, social factors, cultural factors, geographic features, governmental jurisdictions and service delivery areas, political beliefs, voting trends, and incumbency considerations. Public comment has been invited, has been and continues to be received, and will be considered. It is inevitable that some interests will be advanced more than others by the choice of particular district configurations. The discernment, weighing, and balancing of the varied factors that contribute to communities of interest is an intensely political process best carried out by elected representatives of the people. Local government jurisdiction and precinct lines may reflect communities of interest to be balanced, but they are entitled to no greater weight as a matter of state policy than other identifiable communities of interest.

VI.  Priority

All of the foregoing criteria shall be considered in the districting process, but population equality among districts and compliance with federal and state constitutional requirements and the Voting Rights Act of 1965 shall be given priority in the event of conflict among the criteria. Where the application of any of the foregoing criteria may cause a violation of applicable federal or state law, there may be such deviation from the criteria as is necessary, but no more than is necessary, to avoid such violation.

Committee Resolution No. 2, adopted by the Senate and House Committees on Privileges and Elections, April 3, 2001

The resolution is the same as Resolution No. 1 for legislative districts, but provides for population equality of congressional districts without an allowance for a plus or minus 2 percent deviation.

Washington

Constitution, Article II, Section 43

Section 43. Redistricting.

 * * *

(5) Each district shall contain a population, excluding nonresident military personnel, as nearly equal as practicable to the population of any other district. To the extent reasonable, each district shall contain contiguous territory, shall be compact and convenient, and shall be separated from adjoining districts by natural geographic barriers, artificial barriers, or political subdivision boundaries. * * * The commission’s plan shall not be drawn purposely to favor or discriminate against any political party or group.

 * * *

Revised Code of Washington

§ 44.05.090. Redistricting plan. In the redistricting plan:

(1) Districts shall have a population as nearly equal as is practicable, excluding nonresident military personnel, based on the population reported in the federal decennial census.

(2) To the extent consistent with subsection (1) of this section the commission plan should, insofar as practical, accomplish the following:

       (a) District lines should be drawn so as to coincide with the boundaries of local political subdivisions and areas recognized as communities of interest. The number of counties and municipalities divided among more than one district should be as small as possible;

       (b) Districts should be composed of convenient, contiguous, and compact territory. Land areas may be deemed contiguous if they share a common land border or are connected by a ferry, highway, bridge, or tunnel. Areas separated by geographical boundaries or artificial barriers that prevent transportation within a district should not be deemed contiguous; and

       (c) Whenever practicable, a precinct shall be wholly within a single legislative district.

 * * *

(5) The commission shall exercise its powers to provide fair and effective representation and to encourage electoral competition. The commission’s plan shall not be drawn purposely to favor or discriminate against any political party or group.

West Virginia

Constitution, Article I

Section 4. Representatives to Congress. For the election of representatives to Congress, the state shall be divided into districts * * * which * * * shall be formed of contiguous counties, and be compact. Each district shall contain, as nearly as may be, an equal number of population, to be determined according to the rule prescribed in the constitution of the United States.

Constitution, Article VI

Section 4. Division of state into senatorial districts. * * * The districts shall be compact, formed of contiguous territory, bounded by county lines, and, as nearly as practicable, equal in population, to be ascertained by the census of the United States.

Wisconsin

Constitution, Article IV

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Section 3. Apportionment. At its first session after each enumeration made by the authority of the United States, the legislature shall apportion and district anew the members of the senate and assembly, according to the number of inhabitants.

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Section 4. Representatives to the assembly, how chosen. The * * * districts to be bounded by county, precinct, town or ward lines, to consist of contiguous territory and be in as compact form as practicable.

Section 5. Senators, how chosen. The senators shall be elected by single districts of convenient contiguous territory, at the same time and in the same manner as members of the assembly are required to be chosen; and no assembly district shall be divided in the formation of a senate district. The senate districts shall be numbered in the regular series, and the senators shall be chosen alternately from the odd and even-numbered districts for the term of 4 years.

Wisconsin Statutes

§ 4.001. Legislative redistricting; equal population.

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(3) To the very limited extent that precise population equality is unattainable, * * * a good faith effort to apportion the legislature giving due consideration to the need for contiguity and compactness of area, the maintenance of the integrity of political subdivisions and of communities of interest, and competitive legislative districts. Island territory (territory belonging to a city, town or village but not contiguous to the main part thereof) has been treated as a contiguous part of its municipality.

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Wyoming

Constitution, Article 3

Section 49. District representation. Congressional districts may be altered from time to time as public convenience may require. When a congressional district shall be composed of two or more counties they shall be contiguous, and the districts as compact as may be. No county shall be divided in the formation of congressional districts.

Draft Criteria, adopted by Joint Corporations, Elections and Political Subdivisions Interim Committee, May 14, 2001

1. Election districts should be contiguous, compact, and reflect a community of interest.

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3. To the greatest extent possible, in establishing election districts:

       a. County boundaries should be followed;

       b. The majority of population in each county should be in one district;

       c. Census blocks should be followed.

4. The plan should avoid diluting voting power of minorities in violation of the Voting Rights Act.

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6. Consideration should be given to two contiguous house districts in each senate district.

7. Significant geographical features should be considered in establishing districts.

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9. Consideration of residence of current legislators should be avoided.