EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Whereas, The Constitution of the United States requires an actual

1-2 enumeration of the population every 10 years and entrusts Congress with

1-3 the oversight of all aspects of each decennial enumeration; and

1-4 Whereas, The purpose of the decennial census is to apportion the seats

1-5 in Congress among the several states; and

1-6 Whereas, An accurate and legal decennial census is necessary to

1-7 apportion properly the seats in the House of Representatives among the 50

1-8 states and to create legislative districts within the states; and

1-9 Whereas, An accurate and legal decennial census is necessary to

1-10 enable a state to comply with the constitutional requirement to create

1-11 legislative districts within the state; and

1-12 Whereas, Section 2 of Article I of the Constitution of the United

1-13 States, to ensure an accurate count and minimize the potential for political

1-14 manipulation, requires an "actual enumeration" of the population which

1-15 requires a physical headcount of the population and prohibits statistical

1-16 guessing or estimates; and

1-17 Whereas, Section 195 of Title 13 of the United States Code, consistent

1-18 with this constitutional requirement, expressly prohibits the use of

1-19 statistical sampling to enumerate the population of the United States for the

1-20 purpose of reapportioning the House of Representatives; and

2-1 Whereas, Legislative redistricting conducted by the states is a critical

2-2 subfunction of the constitutional requirement to apportion representatives

2-3 among the states; and

2-4 Whereas, In Department of Commerce v. U.S. House of

2-5 Representatives, 119 S. Ct. 765 (1999), the United States Supreme Court

2-6 ruled that the Census Act prohibits the Census Bureau’s proposed uses of

2-7 statistical sampling in calculating the population for purposes of

2-8 apportionment; and

2-9 Whereas, The United States Supreme Court found that the use of

2-10 statistical procedures to adjust census numbers may create a dilution of

2-11 voting rights for citizens in legislative redistricting in violation of the

2-12 constitutional principle of "one-person, one-vote"; and

2-13 Whereas, Consistent with this ruling and the constitutional and legal

2-14 relationship of legislative redistricting by the states to the apportionment of

2-15 the House of Representatives, the use of adjusted census data would raise

2-16 serious questions of vote dilution in violation of the constitutional principle

2-17 of "one-person, one-vote," thus exposing the State of Nevada to protracted

2-18 litigation over legislative redistricting plans at great cost to the taxpayers of

2-19 the State of Nevada, and likely resulting in a court ruling invalidating any

2-20 legislative redistricting plan using census numbers that have been

2-21 determined in whole or in part by the use of random sampling techniques

2-22 or other statistical methodologies that add or subtract persons to the census

2-23 counts based solely on statistical inference; and

2-24 Whereas, Consistent with this ruling, every reasonable and practical

2-25 effort should be made to obtain the fullest and most accurate count of the

2-26 population as possible, including appropriated funding for state and local

2-27 census outreach and educational programs, including a provision for post-

2-28 census local review; now, therefore, be it

2-29 Resolved by the Senate and Assembly of the State of Nevada,

2-30 Jointly, That the members of the 70th session of the Nevada Legislature

2-31 urge the Congress of the United States, as the official branch of

2-32 government assigned the responsibility of overseeing the decennial

2-33 enumeration, to take whatever steps are necessary to ensure that the 2000

2-34 decennial census is conducted fairly and legally; and be it further

2-35 Resolved, That the Nevada Legislature calls upon the Bureau of the

2-36 Census of the United States Department of Commerce to conduct the 2000

2-37 decennial census consistent with the aforementioned United States

2-38 Supreme Court decision and constitutional requirements, which require a

2-39 physical headcount of the population and bar the use of statistical sampling

2-40 to create, or in any way adjust, the count; and be it further

2-41 Resolved, That the Nevada Legislature opposes the use of Public Law

2-42 94-171 data for state legislative redistricting based on census numbers that

2-43 have been determined in whole or in part by the use of statistical inferences

3-1 derived by means of random sampling techniques or other statistical

3-2 methodologies that add or subtract persons to the census counts; and be it

3-3 further

3-4 Resolved, That the Nevada Legislature demands that it receive Public

3-5 Law 94-171 data for legislative redistricting identical to the census

3-6 tabulation data used to apportion seats in the House of Representatives

3-7 consistent with the aforementioned United States Supreme Court ruling

3-8 and constitutional requirements which require a physical headcount of the

3-9 population and bar the use of statistical sampling to create, or in any way

3-10 adjust, the count; and be it further

3-11 Resolved, That the Secretary of the Senate prepare and transmit a

3-12 copy of this resolution to the President of the United States, the Vice

3-13 President of the United States as the presiding officer of the Senate, the

3-14 Speaker of the House of Representatives, each member of the Nevada

3-15 Congressional Delegation and the Director of the Bureau of the Census;

3-16 and be it further

3-17 Resolved, That this resolution becomes effective upon passage and

3-18 approval.