Article V
Sec. 3: The house of representatives shall consist of
not less than sixty-four nor more thanone hundred members. Representatives shall be chosen for two years and by single districts, which shall contain as nearly as may be an equal number of inhabitants and shall consist of convenient and contiguous territory; but no township or city shall be divided in the formation of a representative district, except that when a city is composed of territory in more than one county, it may be divided at the county line or lines: And provided, That in the case of cities hereafter organized or created or territory annexed to an existing city, the territory thereof shall remain in its present representative district until the next apportionment. When any township or city shall contain a population which entitles it to more than one representative, then such township or city shall elect by general ticket the number of representatives to which it is entitled.Each county, with such territory as may be attached thereto, shall be entitled to a separate representative when it has attained a population equal to a moiety of the ratio of representation.In every county entitled to more than one representative, the board of supervisors shall assemble at such time and place as shall be prescribed by law, divide the same into representative districts equal to the number of representatives to which such county is entitled by law, and shall cause to be filed in the offices of the secretary of state and clerk of such county a description of such representative districts, specifying the number of each district and population thereof, according to the last preceding enumeration.Sec. 4: At the first regular or special session
in nineteen hundred thirteen, and each tenth year thereafterof the legislature following the enumeration of the inhabitants of this state in each United States decennial census, the legislature shall by law in accordance with the provisions of this constitution rearrange the senatorial districts and apportion anewtherepresentatives among the counties and districts, according to the number of inhabitants, using as the basisfor such apportionment the last preceding United States census of this statetherefor said preceding enumeration; provided, however, that, if the figures as to the population of this state by counties according to said enumeration are not available before or during such session, then the legislature shall carry out the provisions of this section at the first regular or special session following the time when such figures are available.Each apportionment so made, and the division of any county into representative districts by its board of supervisors, made thereunder, shall not be altered until the tenth year thereafter.If, for any reason the legislature shall not comply with the provisions of this section, then the secretary of state shall forthwith so re-arrange said senatorial districts and apportion anew the representatives in the legislature. Immediately after the secretary of state has performed the duties hereinbefore required of him, he shall file in his office a certificate showing the territory included in each senatorial district and showing the apportionment of the representatives among the several counties and districts, and such rearrangement and apportionment shall become effective at the time of said filing. Such certificate shall be included in the next succeeding publication of the public acts. When senatorial districts have been rearranged and representatives apportioned anew and any county divided into state representative districts by the board of supervisors, the same shall not be altered until after the enumeration of the inhabitants of this state in the next United States decennial census.
