Bill Amendment: IL SB0322 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: COMPACT FAIR REPRESENTATION

Status: 2016-05-16 - Referred to Rules Committee [SB0322 Detail]

Download: Illinois-2015-SB0322-Senate_Amendment_001.html

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Sen. Kwame Raoul

Filed: 4/19/2016

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AMENDMENT TO SENATE BILL 322
AMENDMENT NO. ______. Amend Senate Bill 322 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Interstate Compact for Fair Representation Act.
Section 5. Interstate Compact for Fair Representation. The
Governor is hereby authorized to enter into a compact on behalf
of this State with any of the United States legally joining
therein in the form substantially as follows:
INTERSTATE COMPACT FOR FAIR REPRESENTATION
Article I - Membership.
Any State of the United States may become a member of this
Interstate Compact for Fair Representation by enacting this
agreement.

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Article II - Definitions.
In this agreement the following words have the meanings
indicated:
(a) "Coalition district" means a district where more
than one group of racial minorities or language minorities
may form a coalition to elect the candidate of the
coalition's choice.
(b) "Commission" means the independent congressional
redistricting commission established by the compacting
states under this agreement.
(c) "Communities of interest" means a group of people
concentrated in a geographic area, such as a specific
region or neighborhood, who share similar social,
cultural, ethnic, economic, religious, or political
interests and priorities.
(d) "Competitive district" means a district that has a
substantially equal partisan balance.
(e) "Crossover district" means a district where a
racial minority or language minority constitutes less than
a majority of the voting-age population but where this
minority, at least potentially, is large enough to elect
the candidate of its choice with help from voters who are
members of the majority and who cross over to support the
minority's preferred candidate.
(f) "District" means a congressional district.

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(g) "Influence district" means a district where a
racial minority or language minority can influence the
outcome of an election even if its preferred candidate
cannot be elected.
(h) "Language minority" means a class of voters who are
members of a language group receiving protection under the
federal Voting Rights Act.
(i) "Member state" means each state that has enacted
this agreement.
(j) "Plan" means the congressional redistricting plan
drawn for a member state by the commission under this
agreement.
(k) "Racial minority" means a class of voters who are
members of a race or color group receiving protection under
the federal Voting Rights Act.
Article III - Independent Congressional Redistricting
Commission.
Each member state shall establish an independent
congressional redistricting commission. The members of the
commission shall be appointed no later than February 1 of the
year following a federal decennial census. Each member of the
commission shall serve a 10-year term. The commission shall be
composed as follows:
(a) Ten members appointed by the state chair of the
political party with the greatest number of seats in the

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state legislature;
(b) Ten members appointed by the state chair of the
political party with the second greatest number of seats in
the state legislature;
(c) The commission must reflect the race and gender
demographics of the state;
(d) To the extent practicable, the commission should
represent distinct geographic regions of the state
according to population distribution;
(e) To be eligible to become a member of the
commission, an individual may not:
(1) hold an elected office;
(2) be a candidate for an elected office;
(3) be the spouse, parent, or child of an
individual who holds an elected office or is a
candidate for elected office;
(4) serve as an officer, an employee, or a paid
consultant of a political party or candidate campaign
for elected office;
(5) be a registered lobbyist; or
(6) have held elected office or run as a candidate
for elected office at any time during the ten-year
period ending on December 31 preceding the date of
appointment.
Article IV - Vacancy.

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A vacancy in the commission shall be filled in the manner
in which the original appointment was made.
Article V - Independent Congressional Redistricting Plan.
The commission shall develop a congressional redistricting
plan for the member state. The commission's starting point for
drawing the plan shall be the member state's census tract map
according to the most recent federal decennial census.
Adjustments to the map shall then be made as necessary to
accomplish the goals as set forth below. Each district shall,
in order of priority:
(a) Be substantially equal in population.
(b) Be consistent with the federal Voting Rights Act
and any other applicable federal or state law.
(c) Provide racial minorities and language minorities
with the equal opportunity to participate in the political
process and elect candidates of their choice.
(d) Create crossover districts, coalition districts,
or influence districts to provide racial minorities and
language minorities who constitute less than a voting-age
majority of a district with an opportunity to control or
substantially influence the outcome of an election.
(e) Be contiguous, except to the extent necessary to
include any area which is surrounded by a body of water.
(f) Respect, to the extent practicable, communities of
interest as determined on the basis of census tract or

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other relevant information.
(g) Respect, to the extent practicable, visible
geographic features, city, town, and county boundaries,
and undivided census tracts.
(h) Be compact.
To the extent practicable, competitive districts should be
favored where to do so would create no significant detriment to
goals (a) through (h).
Article VI - Population Count.
The population count used for the purpose of creating the
independent congressional redistricting plan shall count
individuals incarcerated in state or federal correctional
facilities, as determined by the federal decennial census, at
their last known residence before incarceration if the
individuals were residents of the member state. The population
count may not include individuals incarcerated in state or
federal correctional facilities who were not residents of the
state before their incarceration.
Article VII - Voting.
A plan may be adopted by the commission only if:
(a) a majority of the full membership of the commission
votes for adoption; and
(b) at least two members appointed by the state chair
of the political party with the greatest number of seats in

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the state legislature, and at least two members appointed
by the state chair of the political party with the second
greatest number of seats in the state legislature, vote for
adoption.
Article VIII - Timing.
The commission shall adopt a redistricting plan following
each federal decennial census. The commission shall not adopt
any redistricting plan mid-decade before the next federal
decennial census.
Article IX - Internet Website.
As soon as practicable after establishing the commission,
the member state shall establish and maintain a public Internet
website for the commission which meets all of the following
requirements:
(a) The site is updated continuously to provide advance
notice of commission hearings and to otherwise provide
timely information on the activities of the commission.
(b) The site contains the most recent available
information from the United States Bureau of the Census on
voting-age population, voter registration, and voting in
the state, including precinct-level and census tract-level
data as well as detailed maps reflecting such information.
(c) The site includes interactive software that
enables any individual to design a redistricting plan for

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the member state in accordance with the criteria described
in Article IV.
(d) The site permits any individual to submit a
proposed redistricting plan to the commission, and to
submit questions, comments, and other information with
respect to the commission's activities.
Article X - Public Hearings.
The commission shall operate in an open and transparent
manner and shall solicit public feedback in drawing a plan. The
commission shall hold public hearings in distinct geographic
regions of the state according to population distribution at
which members of the public may provide input, including
submitting proposed redistricting plans. The commission shall
hold at least one public hearing in each congressional district
and shall hold the following minimum number of hearings:
(a) A member state with at least 3 congressional
districts shall hold at least 6 hearings.
(b) A member state with no fewer than 3 but not more
than 6 congressional districts shall hold at least 8
hearings.
(c) A member state with no fewer than 6 but not more
than 9 congressional districts shall hold at least 12
hearings.
(d) A member state with no fewer than 9 but not more
than 15 congressional districts shall hold at least 18

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hearings.
(e) A member state with no fewer than 15 but not more
than 20 congressional districts shall hold at least 22
hearings.
(f) A member state with more than 20 congressional
districts shall hold at least one hearing for each district
plus 5 additional hearings.
Article XI - Public Notice.
(a) Hearings. Not fewer than 7 days before a public
hearing, the commission shall issue public notice of the
hearing time and location, including but not limited to
posting the notice on the commission's website.
(b) Submission to legislature. Not fewer than 7 days
before submitting a redistricting plan to the legislature,
the commission shall issue public notice, including but not
limited to posting the notice on the commission's web site.
The notice shall contain the following information:
(1) A detailed version of the plan, including a map
showing each congressional district established under
the plan and the voting-age population by race of each
district;
(2) A statement providing specific information on
the commission's methodology for drawing the plan and
how the plan would serve the public interest;
(3) Any dissenting statements of any members of the

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commission who did not approve of submitting the plan
to the legislature.
Article XII - Submission of Plan to Legislature.
The commission shall submit its redistricting plan to the
legislature of the member state no later than June 1 of the
year following a federal decennial census.
Article XIII - Consideration of Plan by Legislature.
After receiving any redistricting plan submitted by the
commission, the legislature shall, by July 1 of the year
following a federal decennial census:
(a) Approve the plan as submitted by the commission
without amendment and forward the plan to the chief
executive of the member state; or
(b) Reject the plan and provide a written statement to
the commission explaining the reasons for rejecting the
plan.
Article XIV - Enactment of Plan.
The enactment of the district map submitted by the
commission shall occur in the capitol city of the member state
no later than July 15 of the year following a federal decennial
census. A redistricting plan developed by the commission shall
be considered to be enacted into law if the plan is forwarded
to the chief executive of the state and:

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(a) The chief executive approves the plan as forwarded
by the legislature without amendment; or
(b) The chief executive vetoes the plan and the
legislature overrides the veto without amendment in
accordance with the applicable law of the member state.
In the case of a member state in which the chief executive
is prohibited under state law from acting on a redistricting
plan, the plan developed by the commission shall be considered
to be enacted into law if the legislature approves the plan as
submitted by the commission without amendment.
Article XV - Failure to Enact Plan.
If the legislature rejects the plan submitted by the
commission or the chief executive of the member state vetoes
the plan and the legislature does not override the veto, the
commission shall revise and modify the plan and resubmit it to
the legislature no later than August 1 of the year following a
federal decennial census. The legislature shall, as provided in
Article XIII, either approve the plan without amendment and
forward to the chief executive, or reject the plan and provide
the commission with a written statement explaining the reasons
for rejection, no later than August 15 of the year following a
federal decennial census.
Article XVI - Judicial Review.
If a redistricting plan developed by the commission is not

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enacted into law by September 1 of the year following a federal
decennial census, the commission shall submit its
redistricting plans to the highest court of the member state,
which shall select one of the submitted plans to serve as the
redistricting plan for the state no later than October 1 of the
year following a federal decennial census. The court may not
modify any redistricting plan submitted by the commission.
Article XVII - Other Laws.
Nothing in this agreement shall be construed, applied, or
implemented in a way that imposes any requirement or obligation
that conflicts with the United States Constitution or any
federal law regarding redistricting congressional districts,
including but not limited to the Voting Rights Act.
Article XVIII - Effective Date.
The several states are invited to concur in this agreement
by enactment of a similar act. This agreement shall take effect
when every state with three or more congressional districts at
the time of redistricting has enacted this agreement in
substantially the same form and the enactments by such states
have taken effect in each state. It shall continue in effect if
a member state with 3 congressional districts loses a district
following a federal decennial census occurring after the
agreement takes effect. If, following a federal decennial
census occurring after the agreement takes effect, a non-member

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state is entitled to an additional congressional district that
would bring the non-member state's total number of
congressional districts to 3 or more, the agreement shall be
suspended until the non-member state enacts this agreement and
the enactment takes effect.
The chief executive of each member state shall promptly
notify the chief executive of all other states when this
agreement has been enacted in that official's state or when the
state has withdrawn from this agreement.
Article XIX - Withdrawal.
Any member state may withdraw from this agreement, except
that a withdrawal occurring 6 months or less before a general
election in which any member of Congress is on the ballot shall
not become effective until after the election results are
certified.
Article XX - Compliance.
A member state is not required to comply with this compact
if:
(a) the commission of any member state fails to adopt a
congressional redistricting plan; or
(b) the Attorney General of any member state determines
that another member state has repealed, replaced, or failed
to implement any aspect of this compact, including but not
limited to failing to establish an independent

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redistricting commission or failing to implement the
district map adopted by the commission.
Article XXI - Severability.
If any provision of this agreement is held invalid, the
remaining provisions shall not be affected.
Article XXII - Enforcement.
The agencies and officers of each member state and its
subdivisions shall enforce this compact and do all things
appropriate to effect its purpose and intent that may be within
their respective jurisdictions, including but not limited to
adopting any legislation or regulations necessary to implement
this agreement.
Section 99. Effective date. This Act takes effect upon
becoming law.".