§ 20A-20-302 — Selection of recommended maps -- Map requirements and standards.

(1) As used in this section:

(1)(a) "Map type" means one of four map types, as follows:
(1)(a)(i) a map of all Utah congressional districts;
(1)(a)(ii) a map of all state Senate districts;
(1)(a)(iii) a map of all state House of Representatives districts; and
(1)(a)(iv) a map of all State School Board districts.
(1)(b) "Total population deviation" means a percentage determined as follows:
(1)(b)(i) calculating the ideal district population by dividing the total population by the number of districts;
(1)(b)(ii) calculating the percentage difference between the population of the district with the greatest population and the ideal district population;
(1)(b)(iii) calculating the percentage difference between the population of the district with the lowest population and the ideal district population; and
(1)(b)(iv) combining the percentage differences described in Subsections (1)(b)(ii) and (iii).
(2) The commission shall, no later than 14 days after the day of the final public hearing described in Subsection 20A-20-301(1), prepare and recommend three different maps for each map type, as follows:

(2)(a) three different maps for congressional districts, with the number of congressional districts apportioned to Utah;
(2)(b) three different maps for state Senate districts, with 29 Senate districts;
(2)(c) three different maps for state House of Representatives districts, with 75 House of Representative districts; and
(2)(d) three different maps for State School Board districts, with 15 State School Board districts.
(3) (3)(a) To the extent possible, each map recommended by the commission shall be approved by at least five members of the commission.
(3)(b) If the commission is unable to obtain the approval of at least five members for all maps required under Subsection (2) for a particular map type, the commission shall, for that map type:
(3)(b)(i) if possible, recommend one map that is approved by at least five members of the commission; and
(3)(b)(ii) recommend two additional maps that are approved by a majority of commission members, as follows:

(3)(b)(ii)(A) one of the maps shall be approved by a majority that includes the commission member described in Subsection 20A-20-201(2)(f); and
(3)(b)(ii)(B) one of the maps shall be approved by a majority that includes the commission member described in Subsection 20A-20-201(2)(g).
(4) The commission shall ensure that:

(4)(a) each map recommended by the commission:
(4)(a)(i) is drawn using the official population enumeration of the most recent decennial census;
(4)(a)(ii) for congressional districts, has a total population deviation that does not exceed 1%;
(4)(a)(iii) for Senate, House of Representatives, and State School Board districts, has a total population deviation of less than 10%;
(4)(a)(iv) does not use race as a predominant factor in drawing district lines; and
(4)(a)(v) complies with the United States Constitution and all applicable federal laws, including Section 2 of the Voting Rights Act; and
(4)(b) each district in each map is:
(4)(b)(i) drawn based on total population;
(4)(b)(ii) a single member district; and
(4)(b)(iii) contiguous and reasonably compact.
(5) The commission shall define and adopt redistricting standards for use by the commission that require that maps adopted by the commission, to the extent practicable, comply with the following, as defined by the commission:

(5)(a) preserving communities of interest;
(5)(b) following natural, geographic, or man-made features, boundaries, or barriers;
(5)(c) preserving cores of prior districts;
(5)(d) minimizing the division of municipalities and counties across multiple districts;
(5)(e) achieving boundary agreement among different types of districts; and
(5)(f) prohibiting the purposeful or undue favoring or disfavoring of:
(5)(f)(i) an incumbent elected official;
(5)(f)(ii) a candidate or prospective candidate for elected office; or
(5)(f)(iii) a political party.
(6) The commission may adopt a standard that prohibits the commission from using any of the following, except for the purpose of conducting an assessment described in Subsection (8):

(6)(a) partisan political data;
(6)(b) political party affiliation information;
(6)(c) voting records;
(6)(d) partisan election results; or
(6)(e) residential addresses of incumbents, candidates, or prospective candidates.
(7) The commission may adopt redistricting standards for use by the commission that require a smaller total population deviation than the total population deviation described in Subsection (4)(a)(iii) if the committee or the Legislature adopts a smaller total population deviation than 10% for Senate, House of Representatives, or State School Board districts.
(8) (8)(a) Three members of the commission may, by affirmative vote, require that commission staff evaluate any map drawn by, or presented to, the commission as a possible map for recommendation by the commission to determine whether the map complies with the redistricting standards adopted by the commission.
(8)(b) In conducting an evaluation described in Subsection (8)(a), commission staff shall use judicial standards and, as determined by the commission, the best available data and scientific methods.

Legislative History

Amended by Chapter 306, 2021 General Session