CONSTITUTION OF 1868




ARTICLE VIII.

REPRESENTATION.

Section 1. The House of Representatives shall consist of not more than one hundred members, who shall be apportioned by the General Assembly among the several counties of the State, according to the number of inhabitants in them respectively; and to this end the General Assembly shall cause an enumeration of all the inhabitants of the State to be made in the year 1875, and every ten years thereafter, and shall make an apportionment of the representatives among the several counties at the first regular session after each enumeration; which apportionment, when made, shall not be subject to alteration until after the next census shall have been taken: Provided, That each county shall be entitled to at least one representative, And provided, further, That when two or more adjoining counties shall each have a residuum, or fraction over and above the ratio then fixed by law, which fractions, when added together, equal, or exceed that ratio, in that case the county having the largest fraction shall be entitled to one additional representative.

Section 2. Until the General Assembly shall make an apportionment of the representatives among the several counties, after the first enumeration made as herein provided, the counties of Autauga, Baldwin, Bibb, Blount, Butler, Calhoun, Clay, Clarke, Cherokee, Cleburne, Crenshaw, Choctaw, Coffee, Conecuh, Coosa, Covington, Dale, DeKalb, Elmore, Fayette, Henry, Jefferson, Lauderdale, Limestone, Marshall, Marion, Monroe, Morgan, Pike, Randolph, St. Clair, Shelby, Walker, Washington and Winston, shall have one representative each; the counties of Chambers, Franklin, Greene, Hale, Jackson, Lee, Lawrence, Macon, Pickens, Russell, Talladega, Tallapoosa and Tuscaloosa, shall be entitled to two representatives each; the counties of Barbour, Bullock, Lowndes, Madison, Marengo, Perry, Sumter and Wilcox, shall be entitled to three representatives each; the counties of Dallas, Mobile and Montgomery, shall be entitled to five representatives each: Provided, That in the formation of new counties the General Assembly may apportion to each its proper representation.

Section 3. The whole number of Senators shall be not less than one-fourth or more than one-third of the whole number of representatives; and it shall be the duty of the General Assembly, at its first session after the making of each enumeration, as provided by section first, of this article, to fix by law the number of Senators, and to divide the State into as many senatorial districts as there are Senators; which districts shall be as nearly equal to each other as may be in the number of inhabitants, and each shall be entitled to one Senator, and no more: Provided, That no county shall be divided, and no two or more counties, which are separated entirely by a county belonging to another district, shall be joined in one district; And Provided, further, That the senatorial districts, when formed, shall not be changed until after the next enumeration shall have been taken.

Section 4. At the first general election after each new apportionment, elections shall be held anew in all the senatorial districts. The senators elected, when convened at the next ensuing session of the General Assembly, shall be divided by lot into two classes, as nearly equal as may be; the seats of the senators of the 1st class shall be vacated at the expiration of two years, and those of the 2d class at the expiration of four years, from the day of election, so that (except as above provided,) one-half of the senators may be chosen biennially.

Section 5. Until the General Assembly shall divide the State into senatorial districts as herein provided, the senatorial districts shall remain as follows: 1st District, Limestone and Lauderdale; 2d, Franklin and Lawrence; 3d, Morgan, Blount, Winston and Marion; 4th, Madison; 5th, Jackson, Marshall and DeKalb; 6th, Cherokee and Calhoun; 7th, Walker, Jefferson and St. Clair; 8th, Shelby and Bibb; 9th, Tuscaloosa and Fayette; 10th, Talladega and Clay; 11th; Chambers, Randolph and Cleburne; 12th, Coosa and Tallapoosa, 13th, Lee; 14th, Macon; 15th, Russell; 16th, Bullock; 17th, Barbour; 18th, Autauga and Elmore; 19th, Montgomery; 20th, Lowndes; 21st, Dallas; 22d, Perry; 23d, Hale; 24th, Greene and Pickens; 25th, Sumter; 26th, Marengo; 27th , Choctaw, Clark and Washington; 28th, Mobile; 29th, Monroe and Baldwin; 30th, Wilcox; 31st, Butler and Conecuh; 32d, Covington, Crenshaw and Pike; 33d, Coffee, Dale and Henry.

Section 6. Until a new apportionment of representative to the Congress of the United States shall have been made, the Congressional Districts shall remain as stated in the Revised Code of Alabama, and after each new apportionment, the General Assembly shall divide the state into as many districts as it is allowed representatives in Congress, making such Congressional Districts as nearly equal in the number of inhabitants as may be.


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