NJ Constitutional Provisions on Congressional Redistricting

New Jersey State Constitution 1947
(Updated Through Amendments Adopted In November, 2010)

Article II, Section II
    1. After each federal census taken in a year ending in zero, the Congressional districts shall be established by the New Jersey Redistricting Commission.
      The commission shall consist of 13 members, none of whom shall be a member or employee of the Congress of the United States. The members of the commission shall be appointed with due consideration to geographic, ethnic and racial diversity and in the manner provided herein..

    2. There shall first be appointed 12 members as follows:
      (1) two members to be appointed by the President of the Senate;
      (2) two members to be appointed by the Speaker of the General Assembly;
      (3) two members to be appointed by the minority leader of the Senate;
      (4) two members to be appointed by the minority leader of the General Assembly; and
      (5) four members, two to be appointed by the chairman of the State committee of the political party whose candidate for the office of Governor received the largest number of votes at the most recent gubernatorial election and two to be appointed by the chairman of the State committee of the political party whose candidate for the office of Governor received the next largest number of votes in that election..

      Appointments to the commission under this subparagraph shall be made on or before June 15 of each year ending in one and shall be certified by the respective appointing officials to the Secretary of State on or before July 1 of that year.
      Each partisan delegation so appointed shall appoint one of its members as its chairman who shall have authority to make such certifications and to perform such other tasks as the members of that delegation shall reasonably require. .

    3. There shall then be appointed one member, to serve as an independent member, who shall have been for the preceding five years a resident of this State, but who shall not during that period have held public or party office in this State.
      The independent member shall be appointed upon the vote of at least seven of the previously appointed members of the commission on or before July 15 of each year ending in one, and those members shall certify that appointment to the Secretary of State on or before July 20 of that year. If the previously appointed members are unable to appoint an independent member within the time allowed therefor, they shall so certify to the Supreme Court not later than that July 20 and shall include in that certification the names of the two persons who, in the members' final vote upon the appointment of the independent member, received the greatest number of votes. Not later than August 10 following receipt of that certification, the Supreme Court shall by majority vote of its full authorized membership select, of the two persons so named, the one more qualified by education and occupational experience, by prior public service in government or otherwise, and by demonstrated ability to represent the best interest of the people of this State, to be the independent member. The Court shall certify that selection to the Secretary of State not later than the following August 15. .

    4. Vacancies in the membership of the commission occurring prior to the certification by the commission of Congressional districts or during any period in which the districts established by the commission may be or are under challenge in court shall be filled in the same manner as the original appointments were made within five days of their occurrence. In the case of a vacancy in the membership of the independent member, if the other members of the commission are unable to fill that vacancy within that five-day period, they shall transmit certification of such inability within three days of the expiration of the period to the Supreme Court, which shall select the person to fill the vacancy within five days of receipt of that certification.

  1. The independent member shall serve as the chairman of the commission. The commission shall meet to organize as soon as may be practicable after certification of the appointment of the independent member, but not later than the Wednesday after the first Monday in September of each year ending in one. At the organizational meeting the members of the commission shall determine such organizational matters as they deem appropriate. Thereafter, a meeting of the commission may be called by the chairman or upon the request of seven members, and seven members of the commission shall constitute a quorum at any meeting thereof for the purpose of taking any action.

  2. On or before the third Tuesday of each year ending in two, or within three months after receipt in each decade by the appropriate State officer of the official statement by the Clerk of the United States House of Representatives, issued pursuant to federal law, regarding the number of members of the House of Representatives apportioned to this State for that decade, whichever is later, the commission shall certify the establishment of the Congressional districts to the Secretary of State. The commission shall certify the establishment of districts pursuant to a majority vote of the full authorized membership of the commission convened in open public meeting, of which meeting there shall be at least 24 hours' public notice. Any vote by the commission upon a proposal to certify the establishment of a Congressional district plan shall be taken by roll call and shall be recorded, and the vote of any member in favor of any Congressional district plan shall nullify any vote which that member shall previously have cast during the life of the commission in favor of a different Congressional district plan. If the commission is unable to certify the establishment of districts by the time required due to the inability of a plan to achieve seven votes, the two district plans receiving the greatest number of votes, but not fewer than five votes, shall be submitted to the Supreme Court, which shall select and certify whichever of the two plans so submitted conforms most closely to the requirements of the Constitution and laws of the United States.

  3. The New Jersey Redistricting Commission shall hold at least three public hearings in different parts of the State. The commission shall, subject to the constraints of time and convenience, review written plans for the establishment of Congressional districts submitted by members of the public.

  4. Meetings of the New Jersey Redistricting Commission shall be held at convenient times and locations and, with the exception of the public hearings required by paragraph 4 of this section and the meeting at which the establishment of districts is certified as prescribed by paragraph 3 of this section, may be closed to the public.

  5. The Legislature shall appropriate the funds necessary for the efficient operation of the New Jersey Redistricting Commission.

  6. Notwithstanding any provision to the contrary of this Constitution and except as otherwise required by the Constitution or laws of the United States, no court of this State other than the Supreme Court shall have jurisdiction over any judicial proceeding challenging the appointment of members to the New Jersey Redistricting Commission, or any action, including the establishment of Congressional districts, by the commission or other public officer or body under the provisions of this section.

  7. The establishment of Congressional districts shall be used thereafter for the election of members of the House of Representatives and shall remain unaltered through the next year ending in zero in which a federal census for this State is taken.

  8. If a plan certified by the commission is declared unlawful, the commission shall reorganize and adopt another Congressional district plan in the same manner as herein required and within the period of time prescribed by the court or within such shorter period as may be necessary to ensure that the new plan is effective for the next succeeding primary and general election for all members of the United States House of Representatives.

(cf: Article II, Section II, added effective December 7, 1995)

Article IV, Section III,
  1. After the next and every subsequent decennial census of the United States, the Senate districts and Assembly districts shall be established, and the senators and members of the General Assembly shall be apportioned among them, by an Apportionment Commission consisting of ten members, five to be appointed by the chairman of the State committee of each of the two political parties whose candidates for Governor receive the largest number of votes at the most recent gubernatorial election. Each State chairman, in making such appointments, shall give due consideration to the representation of the various geographical areas of the State. Appointments to the Commission shall be made on or before November 15 of the year in which such census is taken and shall be certified by the Secretary of State on or before December 1 of that year. The Commission, by a majority of the whole number of its members, shall certify the establishment of Senate and Assembly districts and the apportionment of senators and members of the General Assembly to the Secretary of State within one month of the receipt by the Governor of the official decennial census of the United States for New Jersey, or on or before February 1 of the year following the year in which the census is taken, whichever date is later.

  2. If the Apportionment Commission fails so to certify such establishment and apportionment to the Secretary of State on or before the date fixed or if prior thereto it determines that it will be unable so to do, it shall so certify to the Chief Justice of the Supreme Court of New Jersey and he shall appoint an eleventh member of the Commission. The Commission so constituted, by a majority of the whole number of its members, shall, within one month after the appointment of such eleventh member, certify to the Secretary of State the establishment of Senate and Assembly districts and the apportionment of senators and members of the General Assembly.

  3. Such establishment and apportionment shall be used thereafter for the election of members of the Legislature and shall remain unaltered until the following decennial census of the United States for New Jersey shall have been received by the Governor.

(cf: Article IV, Section III, paragraphs 1, 2, 3

Congressional Redistricting Under the New Jersey State Constitution

Congressional redistricting occurs at the beginning of each decade in each state. In New Jersey, the congressional redistricting plan is created by the bipartisan New Jersey Redistricting Commission. In November 1995, the majority of New Jersey voters in the general election approved an amendment to the New Jersey Constitution to create the Commission and establish a process for drawing future congressional districts. The Commission is thereby established under Article II, Section II of the State Constitution.

The New Jersey Redistricting Commission consists of 13 members. Twelve members are appointed by legislative and political leaders from the State's two largest political parties on or before June 15 of each year ending in the number one. Of these 12 members, two are appointed by the President of the Senate; two by the Speaker of the General Assembly; two by the Minority Leader of the Senate; two by the Minority Leader of the General Assembly; and two members by each of the chairs of the two political parties whose candidates for Governor received the largest and second largest number of votes at the most recent gubernatorial election.

The 13th or independent member is appointed by a majority vote of the 12 members no later than July 15 of the same year. The 13th member must be a resident of the State for at least five years and cannot during that time have held public or party office. The appointment must be certified to the Secretary of State on or before July 20 of that year.

The State Constitution provides that, if the previously appointed members are unable to appoint an independent member within the time allowed, they must so certify to the Supreme Court not later than July 20 and must include in that certification the names of the two persons who received the greatest number of votes. Not later than August 10 following receipt of that certification, the Supreme Court must select the more qualified of the two persons by majority vote of its full authorized membership. In appointing the independent member, the Court would consider education and occupational experience, prior public service in government or otherwise, and demonstrated ability to represent the best interest of the people of this State. The Court must certify that selection to the Secretary of State not later than the following August 15.

The 13th member serves as Chairperson of the entire Commission, while each party delegation appoints one of its members as its Chairperson. The commission is required to conduct its organizational meeting no later than the Wednesday after the first Monday in September of each year ending in one.

The Commission is required to hold at least three public hearings in different parts of the State. The State Constitution also requires the Commission, subject to the constraints of time and convenience, to review written district plans submitted by members of the public. The meeting at which the plan is adopted must be an open public meeting, which must be held after at least 24 hours public notice. However, other Commission meetings may be closed to the public.

Congressional Redistricting Timeframe in New Jersey

Pursuant to the requirements of the New Jersey Constitution, the Commission is to hold its organizational meeting no later than Tuesday, September 6, 2011. Thereafter, the Commission would conduct at least three public hearings and must certify the establishment of congressional districts to the New Jersey Secretary of State on or before the third Tuesday of each year ending in two, or within three months after receipt of the certificate specifying the number of Representatives to which the state is entitled, whichever is later. Therefore, the commission is to certify a congressional districts plan no later than Tuesday, January 17, 2012.

However, if a plan produced by the commission is unable to achieve seven votes, the two district plans receiving the greatest number of votes, but no fewer than five, must be submitted to the New Jersey Supreme Court, which is to select the plan that most closely meets the requirements of the Constitution and laws of the United States.

Redistricting Principles

While the New Jersey Constitution provides redistricting standards for the creation of the State’s legislative districts, the document does not contain any standards applicable to the Redistricting Commission in the creation of congressional districts. Therefore, the process of congressional redistricting must comply with a range of redistricting principles that have been established over time through federal constitutional provisions, laws, and court decisions. Several redistricting principles must be followed, in accordance with established constitutional provisions, laws such as the federal Voting Rights Act of 1965, and a significant number of federal and State court decisions.


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