Articles of Amendment

Article CI.

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Section 1. Section 1 of Article CI of the Articles of Amendment to the Constitution is hereby amended by striking out the first paragraph, as appearing in section 1 of CXVII of said Articles of Amendment, and inserting in place thereof the following paragraph:--

The federal census shall be the basis for determining the representative districts for the ten year period beginning with the first Wednesday in the third January following the taking of said census.

Section 2. Section 2 of said Article CI is hereby amended by striking out the first sentence, as appearing in section 2 of said Article CXVII, and inserting in place thereof the following sentence:-- Said federal census shall likewise be the basis for determining the senatorial districts and also the councillor districts for the ten year period beginning with the first Wednesday in the third January following the taking of said census.

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1974 Article CI

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1990 Article CXVII

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The first paragraph of Section 1 of Article CI of the Amendments to the Constitution of the Commonwealth is hereby amended by striking out the second sentence and inserting in place thereof the following two sentences:-

For purposes of said census every person shall be considered an inhabitant of the city or town of his usual place of residence in accordance with standards used by the United States from time to time in conducting the federal census required by Section 2 of Article I of the Constitution of the United States subject to such exceptions as the general court may provide by law. Said census shall specify the number of inhabitants of each precinct of each town and of each precinct and ward of each city.

This item is based on 11 items:

1788 Part the Second. Article I

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1788 Part the Second. Article II

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1788 Part the Second. Article V

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1788 Part the Second. Article II

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1788 Part the Second. Article III

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1836 Article XII

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1840 Article XIII

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1857 Article XXI

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1857 Article XXII

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1930 Article LXXI

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1974 Article CI

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Section 1. In the year nineteen hundred and seventy-five and every tenth year thereafter a census of the inhabitants of each city and town shall be taken. Said census shall specify the number of inhabitants residing in each precinct of each town and in each precinct and ward of each city. Said census shall be the basis for determining the representative districts for the ten year period beginning with the first Wednesday in the fourth January following the taking of said census; provided that such districts as established based on the census in the year nineteen hundred and seventy-one shall terminate on the first Wednesday in January in the year nineteen hundred and seventy-nine.

The House of Representatives shall consist of one hundred and sixty members. The General Court shall, at its first regular session after the year in which said census was taken, divide the Commonwealth into one hundred and sixty representative districts of contiguous territory so that each representative will represent an equal number of inhabitants, as nearly as may be; and such districts shall be formed, as nearly as may be, without uniting two counties or parts of two or more counties, two towns or parts of two or more towns, two cities or parts of two or more cities, or a city and a town, or parts of cities and towns, into one district. Such districts shall also be so formed that no town containing less than twenty-five hundred inhabitants according to said census shall be divided. The General Court may by law limit the time within which judicial proceedings may be instituted calling in question any 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. Each such census of inhabitants required in section one shall likewise be the basis for determining the senatorial districts and also the councillor districts for the ten year period beginning with the first Wednesday in the fourth January following the taking of such census; provided that such districts as established based on the census in the year nineteen hundred and seventy-one shall terminate on the first Wednesday in January in the year nineteen hundred and seventy-nine. The Senate shall consist of forty members. The General Court shall, at its first regular session after the year in which said census is taken, divide the Commonwealth into forty districts of contiguous territory, each district to contain, as nearly as may be, an equal number of inhabitants according to said census; and such districts shall be formed, as nearly as may be, without uniting two counties, or parts of two or more counties, into one district. The General Court may by law limit the time within which judicial proceedings may be instituted calling in question such division. Each district shall elect one senator, who 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. The manner of calling and conducting the elections for the choice of senators and councillors, and of ascertaining their election, shall be prescribed by law.

Section 3. Original jurisdiction is hereby vested in the supreme judicial court upon the petition of any voter of the Commonwealth, filed with the clerk of the supreme judicial court for the Commonwealth, for judicial relief relative to the establishment of House of Representatives, councillor and senatorial districts.

Section 4. Article XCII of the Amendments to the Constitution is hereby annulled.

This item is based on 10 items:

1788 Part the Second. Article I

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1788 Part the Second. Article II

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1788 Part the Second. Article V

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1788 Part the Second. Article II

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1788 Part the Second. Article III

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1836 Article XII

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1840 Article XIII

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1857 Article XXI

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1857 Article XXII

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1930 Article LXXI

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3 items are based on this item:

1978 Article CIX

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1990 Article CXVII

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2000 Article CXIX

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Redlined Comparison between 1857 and 1974 Amendment (includes interim changes)

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