MI Comp L § 4.2005 (2021)
2021 Michigan Compiled Laws|Chapter 4 - Legislature|Act 116 of 2001 - Representative and Senatorial Districts (4.2001 - 4.2006)|Section 4.2005 - Applicable Provisions.

4.2005 Applicable provisions. Sec. 5.  All of the following apply to the redistricting plans in sections 1 and 2:  (a) In adopting the redistricting plans for the house of representatives and the senate, it is the intention of the legislature to comply fully with sections 1 and 1a of 1996 PA 463, MCL 4.261 and 4.261a.  (b) The number of county breaks in the redistricting plans is determined by the following principles:  (i) Breaking a county line means assigning part of the population of a county to 1 or more counties in the formation of a district.  (ii) If population is shifted from a county to a single election district, including a district from 2 geographically-separate whole cities or whole townships, there is 1 break. Except as provided in subparagraph (iii), if population from a county is shifted to 2 or more election districts, there are 2 or more breaks.  (iii) If 1 part of a county is shifted to a district and the rest of the county is shifted to another district, there is 1 break.  (c) The number of municipal breaks in the redistricting plans is determined by the following principles:  (i) Breaking a municipal line means assigning part of the population of a municipality to 1 or more municipalities or counties in the formation of a district.  (ii) If population is shifted from a municipality to a single election district, there is 1 break. Except as provided in subparagraph (iii), if population from a municipality is shifted to 2 or more election districts, there are 2 or more breaks.  (iii) If 1 part of a municipality is shifted to a district and the rest of the municipality is shifted to another district, there is 1 break.  (iv) If the boundary of a city, which is located in more than 1 county, is broken in order to preserve a county boundary, that does not count as a municipal break.  (d) The redistricting plans were designed to comply fully with both section 2 of the voting rights act of 1965, Public Law 89-110, 42 U.S.C. 1973, and the requirements of the equal protection clause of amendment XIV of the constitution of the United States, as set forth in Shaw v Reno, 509 US 630 (1993), and subsequent cases concerning racial gerrymandering. In light of these dual obligations, the plans avoid any practice or district lines that result in the denial of any racial or ethnic group's equal opportunity to elect a representative of its choice and, at the same time, does not subordinate traditional redistricting principles for the purpose of accomplishing a racial gerrymander or creating a majority-minority district. As a consequence, the plans do not result in retrogression or dilution of minority voting strength, particularly in light of the demographic limitations caused by relative population losses and the neutral criteria set forth in section 1 of 1996 PA 463, MCL 4.261. However, the plans do not sacrifice traditional neutral principles, such as, most importantly, the Michigan constitutional principles of preservation of county and municipal boundaries, for the purpose of engaging in a gerrymander that unnecessarily favors 1 racial group over others.  (e) The plans further the underlying purpose of the state constitution of 1963 by facilitating effective representation in the legislature where elected representatives can advance the shared interests of unified municipalities or counties. They do so without sacrificing voting rights act of 1965 principles, equal electoral opportunities, or racial fairness.  (f) The redistricting plan for the house of representatives consists of 110 single member districts comprised of convenient territories contiguous by land. All of the following apply to the plan:  (i) The districts range in size between 85,861 and 94,823 residents.  (ii) The number of breaks in county boundaries is 17.  (iii) The number of breaks in city and township lines is 18.  (iv) The cities of Detroit and Grand Rapids each contain more than 1 whole district.  (v) The range of population divergence between whole districts within the city of Detroit is 167 and within the city of Grand Rapids is 245.  (vi) The number of whole cities and townships shifted to form a district with residents of another county is 57.  (vii) The number of residents shifted in the cities and townships described in subparagraph (vi) is 364,727.  (g) The redistricting plan for the senate consists of 38 single member districts comprised of convenient territories contiguous by land. All of the following apply to the senate plan:  (i) The districts range in size between 248,635 and 274,578 residents.  (ii) The number of breaks in county boundaries is 6.  (iii) There are 3 city or township line breaks.  (iv) The city of Detroit contains more than 1 whole district.  (v) The range of population divergence between whole districts within the city of Detroit is 619.  (vi) The number of whole cities and townships shifted to form a district with residents of another county is 26.  (vii) The number of residents shifted in the cities and townships described in subparagraph (vi) is 274,180. History: 2001, Act 116, Eff. Mar. 22, 2002