20A-20-201.  Utah Independent Redistricting Commission — Creation — Membership — Term — Quorum — Action — Meetings — Staffing — Website.

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Terms Used In Utah Code 20A-20-201

  • Commission: means the Utah Independent Redistricting Commission created in Section 20A-20-201. See Utah Code 20A-20-102
  • Committee: means the Legislature's redistricting committee. See Utah Code 20A-20-102
  • Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
  • Decennial year: means a year during which the United States Bureau of Census conducts a national decennial census. See Utah Code 20A-20-102
  • Elected official: means :
(a) a person elected to an office under Section 20A-1-303 or 6;
(b) a person who is considered to be elected to a municipal office in accordance with Subsection 20A-1-206(1)(c)(ii); or
(c) a person who is considered to be elected to a special district office in accordance with Subsection 20A-1-206(3)(b)(ii). See Utah Code 20A-1-102
  • Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
  • Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
  • Person: means :Utah Code 68-3-12.5
  • Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
  • Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
  • Quorum: The number of legislators that must be present to do business.
  • Regular decennial redistricting: means redistricting required due to a national decennial census. See Utah Code 20A-20-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Vacancy: means :
    (a) except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or
    (b) in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
    • (a)  There is created the Utah Independent Redistricting Commission.

    (b)  The commission is housed in the Department of Government Operations for budgetary purposes only.

    (c)  The commission is not under the direction or control of the Department of Government Operations or any executive director, director, or other employee of the Department of Government Operations or any other government entity.

    • (2)  Except as provided in Subsection (4), the commission comprises seven members appointed as follows:

    (a)  one member appointed by the governor, which member shall serve as chair of the commission;

    (b)  one member appointed by the president of the Senate;

    (c)  one member appointed by the speaker of the House of Representatives;

    (d)  one member appointed by the legislative leader of the largest minority political party in the Senate;

    (e)  one member appointed by the legislative leader of the largest minority political party in the House of Representatives;

    (f)  one member appointed jointly by the president of the Senate and the speaker of the House of Representatives; and

    (g)  one member appointed jointly by the legislative leader of the largest minority political party in the Senate and the legislative leader of the largest minority political party in the House of Representatives.

    (3)  An appointing authority described in Subsection (2):

    (a)  shall make the appointments no later than:

    (i)  February 1 of the year immediately following a decennial year; or

    (ii)  if there is a change in the number of congressional, legislative, or other districts resulting from an event other than a national decennial enumeration made by the authority of the United States, the day on which the Legislature appoints a committee to draw maps in relation to the change;

    (b)  may remove a commission member appointed by the appointing authority, for cause; and

    (c)  shall, if a vacancy occurs in the position appointed by the appointing authority under Subsection (2), appoint another individual to fill the vacancy within 10 days after the day on which the vacancy occurs.

    (4) 

    (a)  If the appointing authority described in Subsection (2)(a) fails to timely make the appointment, the legislative leader of the largest political party in the House of Representatives and the Senate, of which the governor is not a member, shall jointly make the appointment.

    (b)  If the appointing authority described in Subsection (2)(b) fails to timely make the appointment, the appointing authority described in Subsection (2)(d) shall make the appointment.

    (c)  If the appointing authority described in Subsection (2)(c) fails to timely make the appointment, the appointing authority described in Subsection (2)(e) shall make the appointment.

    (d)  If the appointing authority described in Subsection (2)(d) fails to timely make the appointment, the appointing authority described in Subsection (2)(b) shall make the appointment.

    (e)  If the appointing authority described in Subsection (2)(e) fails to timely make the appointment, the appointing authority described in Subsection (2)(c) shall make the appointment.

    (f)  If the appointing authority described in Subsection (2)(f) fails to timely make the appointment, the appointing authority described in Subsection (2)(g) shall make the appointment.

    (g)  If the appointing authority described in Subsection (2)(g) fails to timely make the appointment, the appointing authority described in Subsection (2)(f) shall make the appointment.

    (5)  A member of the commission may not, during the member’s service on the commission:

    (a)  be a lobbyist or principal, as those terms are defined in Section 36-11-102;

    (b)  be a candidate for or holder of any elective office, including federal elective office, state elective office, or local government elective office;

    (c)  be a candidate for or holder of any office of a political party, except for delegates to a political party’s convention;

    (d)  be an employee of, or a paid consultant for, a political party, political party committee, personal campaign committee, or any political action committee affiliated with a political party or controlled by an elected official or candidate for elective office, including any local government office;

    (e)  serve in public office if the member is appointed to public office by the governor or the Legislature;

    (f)  be employed by the United States Congress or the Legislature; or

    (g)  hold any position that reports directly to an elected official, including a local elected official, or to any person appointed by the governor or Legislature to any other public office.

    (6)  In addition to the qualifications described in Subsection (5), a member of the commission described in Subsection (2)(f) or (g):

    (a)  may not have, during the two-year period immediately preceding the member’s appointment to the commission:

    (i)  been affiliated with a political party under Section 20A-2-107;

    (ii)  voted in the regular primary election or municipal primary election of a political party; or

    (iii)  been a delegate to a political party convention; and

    (b)  may not, in the sole determination of the appointing authority, be an individual who is affiliated with a partisan organization or cause.

    (7)  Each commission member shall, upon appointment to the commission, sign and file a statement with the governor certifying that the commission member:

    (a)  meets the qualifications for appointment to the commission;

    (b)  will, during the member’s service on the commission, comply with the requirements described in Subsection (5);

    (c)  will comply with the standards, procedures, and requirements described in this chapter that are applicable to a commission member; and

    (d)  will faithfully discharge the duties of a commission member in an independent, impartial, honest, and transparent manner.

    (8)  For a regular decennial redistricting, the commission is:

    (a)  formed and may begin conducting business on February 1 of the year immediately following a decennial year; and

    (b)  dissolved upon approval of the Legislature’s redistricting maps by the governor, or the day following the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor’s signature, or in the case of a veto, the date of veto override.

    (9) 

    (a)  A member of the commission may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:

    (i)  Section 63A-3-106;

    (ii)  Section 63A-3-107; and

    (iii)  rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

    (b)  A member of the commission may decline to receive per diem or travel expenses.

    (10)  The commission shall meet upon the request of a majority of the commission members or when the chair calls a meeting.

    (11) 

    (a)  A majority of the members of the commission constitutes a quorum.

    (b)  The commission takes official action by a majority vote of a quorum present at a meeting of the commission.

    (12)  Within appropriations from the Legislature, the commission may, to fulfill the duties of the commission:

    (a)  contract with or employ an attorney licensed in Utah, an executive director, and other staff; and

    (b)  purchase equipment and other resources, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, to fulfill the duties of the commission.

    (13)  The commission shall maintain a website where the public may:

    (a)  access announcements and records of commission meetings and hearings;

    (b)  access maps presented to, or under consideration by, the commission;

    (c)  access evaluations described in Subsection 20A-20-302(8);

    (d)  submit a map to the commission; and

    (e)  submit comments on a map presented to, or under consideration by, the commission.

    Amended by Chapter 344, 2021 General Session

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