SENATE DOCKET, NO. 695        FILED ON: 2/4/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 17

The Commonwealth of Massachusetts

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PRESENTED BY:

William N. Brownsberger, (BY REQUEST)

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying proposal for constitutional amendment:

Proposal for a legislative amendment to the Constitution specifying the method of apportioning the General Court.

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PETITION OF:

SENATE DOCKET, NO. 695        FILED ON: 2/4/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 17

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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Proposal for a legislative amendment to the Constitution specifying the method of apportioning the General Court.

A majority of all the members elected to the Senate and House of Representatives, in joint session, hereby declares it to be expedient to alter the Constitution by the adoption of the following Article of Amendment, to the end that it may become a part of the Constitution [if similarly agreed to in a joint session of the next General Court and approved by the people at the state election next following]:
 

ARTICLE OF AMENDMENT.
 

SECTION 1. Section 1 of Article CI of the Articles of Amendment to the Constitution is hereby amended by striking out the second paragraph, and inserting in place thereof the following paragraph:-

The House of Representatives shall consist of one hundred and sixty members. After the year in which the census shall be taken, the Representatives shall be apportioned among the counties according to their respective number of inhabitants, provided that for this purpose Brookline shall be treated as part of Middlesex County, Cohasset shall be treated as part of Plymouth County, and Nantucket shall be treated as part of Dukes County. Any county whose number of inhabitants is less than 1/160th of the population of the entire Commonwealth shall be combined with the next adjacent county with the least number of inhabitants. After the apportionment among said counties, any city or town whose number of inhabitants exceeds 1/160 of the population of the entire Commonwealth shall be entitled to one Representative for each 1/160 of the population of the Commonwealth residing therein, provided that no town or group of towns divided from the rest of the county by such apportionment has less than 1/160 of the population of the entire Commonwealth. The General Court may by law divide each district so defined that has more that one Representative into single, or smaller multiple, member districts, or may delegate by law such division to municipal governments, or other specified bodies, and shall specify the method of voting for such Representatives, or delegate by law the method of voting to applicable municipalities composing any district. The General Court may by law limit the time within which judicial proceedings may be instituted calling in question such division. Every representative, for one year at least immediately preceding his election, shall have been an inhabitant of the district for which he is chosen and shall cease to represent such district when he shall cease to be an inhabitant of the Commonwealth. The manner of calling and conducting the elections for the choice of representatives, and of ascertaining their election, shall be prescribed by law.

SECTION 2. Section 2 of Article CI of the Articles of Amendment to the Constitution is hereby amended by striking out the section, and inserting in place thereof the following section:-

The Senate shall consist of forty members. After the year in which the census shall be taken, the Senators shall be apportioned among the counties according to their respective number of inhabitants, provided that for this purpose Brookline shall be treated as part of Middlesex County, Cohasset shall be treated as part of Plymouth County, and Nantucket shall be treated as part of Dukes County. Any county or counties whose number of inhabitants is less than 1/40th of the population of the entire Commonwealth shall be combined with the next adjacent county or counties with the least number of inhabitants. The General Court may by law divide each district so defined that has more that one Senator into single, or smaller multiple, member districts, or may delegate by law such division to municipal governments, or other specified bodies, and shall specify the method of voting for such Senator, or delegate by law the method of voting to applicable municipalities composing any district. The General Court may by law limit the time within which judicial proceedings may be instituted calling in question such division. Each senator shall have been an inhabitant of this Commonwealth five years at least immediately preceding his election and at the time of his election shall be an inhabitant of the district for which he is chosen; and he shall cease to represent such senatorial district when he shall cease to be an inhabitant of the Commonwealth. All of the Councilors shall be elected at-large by a method of voting prescribed by law by the General Court. The manner of calling and conducting the elections for the choice of senators and councilors, and of ascertaining their election, shall be prescribed by law.