Section 1. Amend §805, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underlining as follows:

~~§805. Redistricting after federal decennial census.~~

The apportionment provided for by this chapter shall continue in effect until the official reporting by the President of the United States of the next federal decennial census. After the official reporting of the 2020 federal decennial census by the President to Congress, the General Assembly shall, not later than June 30, 2021, reapportion and redistrict the State, wherever necessary, for the general election of 2022 and thereafter in such a manner that the several representative and senatorial districts shall comply, insofar as possible, with the criteria set forth in § 804(1)-(4) of this title. Such apportionment shall thence continue in effect until the next succeeding federal decennial census.

§805. Redistricting after federal decennial census; authorization of state redistricting commission.

(a) Findings and Purpose. The General Assembly finds that the establishment of a Redistricting

Commission to redistrict the State legislative districts following each decennial federal census will advance the principle of fair and equal representation upon which our system of government is based.

(b) The apportionment provided for by this chapter shall continue in effect until the official reporting by the President of the United States of the next federal decennial census. After the official reporting of the 2020 federal decennial census by the President to Congress, and each decade thereafter, a Commission organized pursuant to this section shall be authorized to redistrict the legislative districts of the State Senate and the House of Representatives. The Commission shall be known as 'The Redistricting Commission for the State of Delaware'. In redistricting the Senate and House of Representatives, the Commission shall comply with the provisions of §804 and §804A of this title. The Commission shall have the power to adopt and amend rules related to its operations and the redistricting process, provided the rules and any amendments are first submitted to the General Assembly for review. The Commission's rules and any amendments thereto shall become final if they are either approved, or not rejected, by a majority of the members of both Houses of the General Assembly within fifteen days of their submission. If for any reason the Commission is unable to adopt rules, it shall use Mason’s Manual of Legislative Procedure as a guide. The Commission shall conduct an open and transparent redistricting process enabling full public consideration of and comment on the drawing of district lines and the Commission members shall conduct themselves with integrity and fairness.

(c) The Commission shall continue in existence until a final plan of redistricting of the General Assembly for the next election cycle becomes law, or until it issues its written report to the General Assembly on or before December 1 of the year in which it is created, whichever is later.

(d) The Commission shall be composed of eleven members, ten of whom shall be appointed. The Commission shall include at least one resident from each county and the City of Wilmington. By the third Tuesday of January of each year ending in one, the Speaker of the House, the House Majority Leader, the House Majority Whip, the House Minority Leader, the House Minority Whip, the President Pro Tempore of the Senate, the Senate Majority Leader, the Senate Majority Whip, the Senate Minority Leader, and the Senate Minority Whip shall each appoint one member of the Commission. By February 10^th of each year ending in one, the eleventh member of the Commission shall be chosen by a vote of the ten appointed members and shall serve as the Chair of the Commission. If the ten appointed members cannot elect a Chair because the vote is tied, the Chair shall be chosen by a judicial panel consisting of the Chancellor of the State of Delaware and a Superior Court Judge, which Judge shall be appointed by the President Judge of the Delaware Superior Court, and shall be of a different political party than the Chancellor. The judicial panel shall select the Chair on or before February 25. The members of the Commission, including the Chair, shall each have a vote on Commission business.

(e) No member of the Commission shall hold elective office. No member of the Commission shall be a registered lobbyist, or have been a registered lobbyist within a year prior to appointment or selection. No member of the Commission shall be permitted to run for the General Assembly in the election following the redistricting. No officer of a state political party may serve on the Commission. No person who has been an officer of a campaign committee, including a campaign manager or treasurer, within two years of his or her appointment, may serve on the Commission. A Commission member shall not have been an elected State official within two years of his or her appointment or selection. Each Commission member shall be a resident of the state and a qualified voter. Each member of the Commission shall attest under oath that he or she (i) is willing to serve as a member of the Commission, (ii) is able to serve in a fair and impartial manner,(iii) shall not allow personal, financial, or partisan political interests to affect his or her decisions as a member of the Commission, (iv) agrees to abide by the provisions of Delaware law, the federal Voting Rights Act, the duly adopted rules of the Commission, and any other applicable law, and (v) will not be a candidate for the General Assembly in the election following the redistricting. A member of the Commission may only be removed for a substantial neglect of duty, gross misconduct in the performance of the duties as a member of the Commission, or inability to discharge the duties as a member of the Commission, and such a determination may only be made by a vote of a majority of the other members of the Commission.

(f) Should any member of the Commission resign, be removed, or become unable to discharge the duties of a Commissioner for any reason before the work of the Commission is completed, the legislator who appointed the member shall appoint a replacement to the Commission within seven days of being notified of the vacancy. Should the Commission Chair resign, be removed, or become unable to discharge the duties of a Commissioner for any reason before the work of the Commission is completed, a new Chair shall be chosen by the ten appointed members of the Commission within ten days of being notified of the vacancy.

(g) The Commission may begin to organize and may hold a public meeting to elect its Chair, but may not commence the redistricting process itself until the Chair is elected. The names and addresses of the members of the Commission shall be prominently published in at least two Delaware newspapers of general circulation, within ten days of the selection of the Chair.

(h) Six members of the Commission shall constitute a quorum for purposes of convening and conducting a meeting or hearing; however, seven members must approve any motion for it to pass, including any motion to distribute or approve any preliminary, final, or modified redistricting plan or maps.

(i) In order to familiarize the members of the Commission, including the Chair, with the redistricting process, each of the members of the Commission shall attend a program on the redistricting process conducted by the Commissioner of Elections.

(j) All meetings of the Commission shall be open to the public and the Commission shall be subject to the provisions of the Freedom of Information Act, Title 29 of the Delaware Code, Chapter 100. A website shall be created for review by the public and shall contain such information as will assist the public in reviewing, understanding, evaluating, and commenting upon the work of the Commission. The website shall, at a minimum, include the names and addresses of all Commission members, the location and schedule for Commission meetings, the agenda for each Commission meeting, any rules adopted by the Commission, the district maps from the previous redistricting of the State Senate and the House of Representatives, preliminary district maps for the redistricting being conducted by the Commission, and revised district maps prepared by the Commission. At least seven days' notice shall be provided for all regular meetings of the Commission. Notice of the Commission's meetings and hearings shall be prominently published in at least two Delaware newspapers of general circulation.

(k) Operations of the Commission shall be funded by the General Assembly. The State of Delaware shall provide the Commission, and a judicial panel appointed pursuant to paragraph (p) of this section, with such support staff, consultants, equipment, computer software, materials, and other resources that are needed to complete the redistricting process. The State of Delaware shall also provide office space for the Commission, its support staff, its records, and its equipment. The General Assembly shall take all necessary steps to ensure that a complete and accurate computerized database is available for redistricting, and that procedures are in place to provide the public ready access to redistricting data and computer software for drawing district maps. Upon the Commission's formation and until it ceases operations, the General Assembly shall coordinate these efforts with the Commission.

(l) The Commission, and a judicial panel appointed pursuant to paragraph (p) of this section, may retain the services of one or more attorneys. Any attorney retained by the Commission must also meet the requirements of §805(d), which apply to Commission members.

(m) The Preliminary Plan and Report for the districts of the State Senate and the House of Representatives shall be prepared for public distribution and comment no later than the second Monday in May unless the late receipt of Census data and/or geopolitical data causes the Commission's work to begin later than April 15^th. The Preliminary Plan and Report must be approved by the Commission and shall include, but not be limited to: i.) The population and percentage deviation from the average district population for every district, ii.) an explanation of the criteria used in developing the plan, iii.) the majority and minority population (separately reporting each minority to the extent permitted by census and demographic data) of each district, and the voting age population and majority and minority voting age population (separately reporting each minority to the extent permitted by census and demographic data) of each district, and iv.) such other data and information as will permit the public to evaluate whether the Plan complies with Delaware law and the federal Voting Rights Act. Four public hearings shall be held upon completion of the Commission's Preliminary Plan, one in each county and one in the City of Wilmington to review the Preliminary Plan. Each of the four hearings shall be open to the public, shall allow for both comments and questions from the public, and live video of the hearings shall be available for the public, At least seven days’ notice shall be given for each hearing.

(n) The Commission must approve and submit a Final Report and a Final Redistricting Plan to the General Assembly by June 15^th, unless that date is extended by a majority of the members of both Houses of the General Assembly. The Final Report and Final Redistricting Plan shall include, but not be limited to: i.) The population and percentage deviation from the average district population for every district, ii.) an explanation of the criteria used in developing the plan, iii.) the majority and minority population (separately reporting each minority to the extent permitted by census and demographic data) of each district, and the voting age population and majority and minority voting age population (separately reporting each minority to the extent permitted by census and demographic data) of each district, and iv.) such other data and information as will permit the public to evaluate whether the Plan complies with Delaware law and the federal Voting Rights Act.

(o) Unless the Commission's Final Redistricting Plan is adopted by a majority of both Houses of the General Assembly within four weeks of its submission by the Commission, but no later than the 30^th of June, the Plan shall be considered rejected. If the Plan is rejected, it shall be returned to the Commission. After a public hearing, the Commission shall approve and submit a new redistricting plan to the General Assembly no later than the 30^th of July. Unless the new redistricting plan is adopted by a majority of both Houses of the General Assembly within two weeks of its submission by the Commission, the plan shall be considered rejected. If the new redistricting plan is not approved by the General Assembly, the Commission may, after a public hearing, approve and submit a modified plan to the General Assembly no later than the 31^st of August. The General Assembly shall have until September 30^th to enact a redistricting plan as submitted by the Commission. No redistricting plan submitted by the Commission to the General Assembly shall become law unless it is approved by a majority of both Houses of the General Assembly.

(p) If the General Assembly fails to enact a redistricting plan by September 30^th, the redistricting of the General Assembly shall then be completed by a judicial panel consisting of the Chancellor of the State of Delaware and a Superior Court Judge, which Judge shall be appointed by the President Judge of the Delaware Superior Court, and shall be of a different political party than the Chancellor. The judicial plan of redistricting shall be made public by November 30^th of the same year and shall be final and lawfully binding. In preparing the judicial plan of redistricting, the Chancellor and the Superior Court Judge may conduct such proceedings as they deem appropriate in their discretion. The judicial plan shall not be subject to change by the General Assembly or to any appellate process.

(q) No redistricting plan adopted pursuant to this section shall alter the composition of the General Assembly or provide for a number of legislative districts different than that established by the General Assembly.

(r) The State Commissioner of Elections and the Commission shall work together to ensure that coordination with local and county redistricting efforts is maintained throughout the process. The Commissioner of Elections and the County Departments of Elections shall make their personnel (including those familiar with the redistricting process) and resources (including computer software) readily available to assist the Commission and a judicial panel appointed pursuant to paragraph (p) to this section.

(s) When the Commission has completed its work, the Commission shall take all necessary and reasonable steps to conclude its business and cease operations. The Commission shall prepare a financial statement disclosing all expenditures made by the Commission. The official records of the Commission shall contain all relevant information developed by the Commission pursuant to carrying out its duties, including maps, data collected, minutes, transcripts and recordings of meetings, written communications, public notices, and other information of a similar nature. Once the Commission ceases to exist, the State Commissioner of Elections shall be the custodian of the Commission's records, which shall be preserved for a period of at least twenty years. When the Commission has completed its work and ceased operations, any budget surplus shall revert to the state general fund.

(t) In order to assist the work of future redistricting Commissions, by December 1^st of the same year, the Commission shall submit a written report to the General Assembly with recommendations for improvements to the redistricting process.

Section 2. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

SPONSOR:	Sen. Blevins & Rep. Baumbach Sens. McBride Townsend Rep. Kowalko
	Sens. Bushweller, Ennis, Hall-Long, Henry, Peterson, Sokola, Venables, Reps. Barbieri, Bennett, Bolden, Keeley, Osienski, K. Williams, Walker, Potter, Scott, Jaques, Brady, B. Short