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2020 Utah Code
Title 20A - Election Code
Chapter 20 - Utah Independent Redistricting Commission
Part 2 - Commission
Section 201 - Utah Independent Redistricting Commission -- Creation -- Membership -- Term -- Quorum -- Action -- Meetings -- Staffing -- Website.
Universal Citation: UT Code § 20A-20-201 (2020)
Effective 3/28/2020
20A-20-201. Utah Independent Redistricting Commission -- Creation -- Membership -- Term -- Quorum -- Action -- Meetings -- Staffing -- Website.
Enacted by Chapter 288, 2020 General Session
20A-20-201. Utah Independent Redistricting Commission -- Creation -- Membership -- Term -- Quorum -- Action -- Meetings -- Staffing -- Website.
- (1)
- (a) There is created the Utah Independent Redistricting Commission.
- (b) The commission is housed in the Department of Administrative Services for budgetary purposes only.
- (c) The commission is not under the direction or control of the Department of Administrative Services or any executive director, director, or other employee of the Department of Administrative Services 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.
- (a) shall make the appointments no later than:
- (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.
- (a) may not have, during the two-year period immediately preceding the member's appointment to the commission:
- (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.
- (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:
- (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.
Enacted by Chapter 288, 2020 General Session
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