COUNTY COMMISSION REAPPORTIONMENT 2011

From Mark Brewer, Chair of the Michigan Democratic Party

INTRODUCTION
• Every ten years after the Census, county commission districts must be redrawn due to population changes.
• This redrawing is called “reapportionment” and is done in each county by the County Apportionment Commission established by M. C. L. Section 46, 401 et seq.

COUNTY APPORTIONMENT COMMISSION
• 5 members:
Clerk – Joyce Swan
Treasurer – Steven W. Pickens
Prosecuting Attorney – Larry J. Burdick
Republican Chair – Matthew Golden
Democratic Chair – Timothy Caldwell
No member can be a County Commissioner
No dual roles: clerk, treasurer, prosecuting attorney cannot sit as a party chair
• Clerk convenes the Commission
• Adopts rules of procedure
• Quorum of three to conduct business
• All action requires a majority vote of three
• Subject to Open Meetings Act
Business conducted at public meeting with at least 18 hours public notice of the date, time, and place.
Three or more members cannot meet or discuss business privately; no “round-robining”
No plan can be sponsored by three or more members
• Subject to Freedom of Information Act
All writings, including e-mails, must be publicly available for inspection and copying
• County lawyer provides legal assistance
• County staff provides population information

TIMELINE
• Within 15 days of publication of u.s. population information (usually January 1), Secretary of State furnishes information to each county
• Clerk convenes County Apportionment Commission
• Commission has 60 days from publication of U.S. Census date to adopt an apportionment plan.
• If Commission fails to adopt a plan with 60 days, any county voter can submit a plan and the Commission must choose from among the plans submitted, if they meet the legal requirements.
• Once a plan is adopted, any county voter has 30 days to petition the Court of Appeals for review with right to appeal to the Michigan Supreme Court
• Once appeals are exhausted, or time to appeal expires, the plan becomes final until the next U.S. Census

COMMISSION DUTIES

• The commission has two duties:
Determining the number of county commissioners
Drawing the districts

NUMBER OF COMMISSIONERS
• Except in the charter counties of Macomb and Wayne, the Commission determines the number of county commissioners under this formula:
County Population Number of Commissioners
Under 5,001 5 to 7
5,001 to 10,000 5 to 10
10,001 to 50,000 5 to 15
50,001 to 600,000 5 to 21
600,001 to 1,000,000 17 to 35
Over 1,000,000 25 to 35

DRAWING THE DISTRICTS
• The districts must be drawn according to these criteria:
1. Preserve city, township, village, and precinct lines as much as possible.
2. District population must be with the range of 94.05% to 105.95% of ideal population. Ideal population: County population divided by number of districts.
3. The federal Voting Rights Act protecting African American and Hispanic voters must be followed. Consult with legal counsel of the MDP if there are minorities in your county.
• The Commission is required to adopt the plan with the fewest line breaks whose districts are within the population range.
• If two plans have an equal number of line breaks, the plan whose districts have the small overall population range must be adopted.

POLITICS
• County reapportionment is a very political process because the number of districts and how they are drawn can affect whether a Democrat or a Republican is elected.

RECOMMENDATIONS

Push for maximum transparency and public participation:
• Voting rights for ten years are at stake: transparency, public participation and following the law are critical
• Enforce the public meeting and public notice requirements; no private meetings or discussions by three or more Commission members
• Commission rules should require public participation at meetings and require the Commission to solicit and consider plans from citizens
• Establish a schedule of meetings?
• Require meetings be held around the county?
• Decide number of districts first/early?
• Set deadline for plan submissions?
• Organize people to attend meetings and speak about the need for a fair plan which follows the law
• Educate the press now and tell the press about efforts to block public participation or information