Possible Recommendation for the Adoption of Rules for Reapportionment and Redistricting

COMMITTEE TO CONDUCT AN INTERIM STUDY OF THE REQUIREMENTS FOR REAPPORTIONMENT AND REDISTRICTING IN THE STATE OF NEVADA October 20, 2020

AGENDA ITEM X. REVIEW OF POSSIBLE RECOMMENDATION FOR THE ADOPTION OF RULES FOR REAPPORTIONMENT AND REDISTRICTING

BACKGROUND

When recommending rules for inclusion in the Joint Standing Rules of the Senate and Assembly relating to redistricting, rather than voting on specific rule language, the previous iterations of this interim study generally would vote on particular principles it wished to include. These principles would serve as the basis for the drafting of the relevant portions of the Joint Standing Rules for the subsequent regular session (to be approved on Day 1 of the regular legislative session), and those rules would then encapsulate the redistricting principles that the Legislature intends to follow when drawing lines for the upcoming decennium.

ACTIONS/RECOMMENDATIONS FOR 2011 REDISTRICTING CYCLE

In 2011, the recommendation of the reapportionment and redistricting interim study was to:

Adopt rules for inclusion in the Joint Standing Rules of the Senate and Assembly for the 2011 Legislative Session addressing:

(a) The responsibility for redistricting measures and approval of research requests;

(b) Equality of representation for congressional districts, state legislative districts, and the districts for the State Board of Education and the Board of Regents of the University of Nevadai;

(d) The use of census geography for district boundaries;

(e) Procedures for the Senate and Assembly committees tasked with reapportionment and redistricting;

(f) Compliance with the Voting Rights Act (42 U.S.C. § 1973(a)); and

(g) Public participation in the reapportionment and redistricting process.

These recommendations generally handled the housekeeping and staff management elements of the redistricting process, in addition to specifically citing equality of population, the use of census geography, and compliance with the Voting Rights Act as guiding redistricting principles.

DISCUSSION OF POSSIBLE RECOMMENDATION FOR REDISTRICTING RULES FOR 2021

Based on the material presented to the study committee during this interim, the matters discussed above relative to the 2011 redistricting cycle appear to still be appropriate to recommend for 2021. In addition, other matters brought before the study this interim that might merit inclusion are recommendations to adopt rules that:

1. Require the nesting of Assembly districts within Senate districts;

2. Authorize the use of a database of election data for the purposes of preventing contests between incumbents and performing analyses to ensure compliance with the Voting Rights Act; and

3. Encourage district lines, when possible, to take account of local government boundaries and districts to minimize the number of ballot “styles” created by local election administrators.

Additionally, based on the appetite of the Committee members following the presentation on public participation, it may be helpful to recommend rules language that establishes some parameters for public participation (for example, requiring public submissions to be of complete maps that include all districts rather than a single district, and requiring a minimum number of public hearings regarding reapportionment and redistricting in northern, southern, and rural Nevada to encourage public participation).

NOTE: Other specific guidelines for submitting plans and proposals from the public and interested parties might be best handled in adopted committee rules, which can be amended appropriately, as needed, to best accommodate the needs of the public and the redistricting committee(s), the schedule of the committees, and the availability of Census data upon its delivery to the State of Nevada.

October 20, 2020

iIn 2011, the Legislature approved Senate Bill 197, which changed the selection process for members of the State Board of Education. Four board members are elected by the voters in each congressional district and seven members are appointed. Therefore, the Nevada Legislature is no longer responsible for drawing the boundaries for the Board.