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_002.html

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Sen. Kwame Raoul

Filed: 5/4/2016

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AMENDMENT TO SENATE BILL 322
AMENDMENT NO. ______. Amend Senate Bill 322, AS AMENDED, 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 state 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

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agreement.
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 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.

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(f) "District" means a congressional or state
legislative district.
(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 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 redistricting commission.
Each member state shall establish an independent
redistricting commission. Each member of the commission shall
serve a 10-year term. The following applies to the selection of
the members of the commission:
(a) The selection process is intended to produce a
commission that is independent from legislative influence
and reasonably representative of the member state's
diversity.

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(b) The commission shall consist of 14 members: 5 who
are affiliated with the largest political party in the
member state; 5 who are affiliated with the second largest
political party in the member state; and 4 who are not
affiliated with either of the two largest political parties
in the member state.
(c) To be considered affiliated with one of the 2
largest political parties in the member state, a commission
member must have voted in 3 of the last 4 statewide primary
elections for the same political party. To be considered
unaffiliated with either of the 2 largest political parties
in the member state, a commission member must have either
(i) voted in no more than one of the last four statewide
primary elections or (ii) voted for a political party that
is not one of the 2 largest political parties in the member
state in 2 or more of the last 4 statewide primary
elections. An unaffiliated commission member who has made
campaign contributions to one or both of the 2 largest
political parties in the member state may not have
contributed more to one party than the other, as determined
by the state auditor.
(d) The commission must reflect the race and gender
demographics of the state;
(e) To the extent practicable, the commission should
represent distinct geographic regions of the state
according to population distribution;

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(f) 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.
The state auditor shall accept applications from the member
state's residents who meet the above qualifications for service
on the commission. From the applicant pool, the state auditor
shall, no later than May 1 of the year following a federal
decennial census, select 60 of the most qualified applicants,
including a subpool of 20 who are affiliated with the largest
political party in the member state, a subpool of 20 who are
affiliated with the second largest political party in the
member state, and a subpool of 20 who are not affiliated with
either of the two largest political parties in the member
state. These applicants shall be selected on the basis of

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relevant analytical skills, ability to be impartial, and
appreciation for the member state's diverse demographics and
geography.
The state auditor shall present its pool of recommended
applicants to the state legislature. The leaders of the
political party with the greatest number of seats in each
chamber of the state legislature, and the leaders of the
political party with the second greatest number of seats in
each chamber of the state legislature, may each strike up to 2
applicants from each subpool of 20 for a total of 8 possible
strikes per subpool. If the member state has a unicameral
legislature, the leader of the political party with the
greatest number of seats in the state legislature and the
leader of the political party with the second greatest number
of seats in the state legislature may each strike up to 4
applicants from each subpool of 20. After all legislative
leaders have exercised their strikes, and no later than May 15
of the year following a federal decennial census, the state
legislature shall present the pool of remaining names to the
state auditor.
No later than June 1 of the year following a federal
decennial census, the state auditor shall randomly draw 8 names
from the remaining pool of applicants as follows: 3 from the
remaining subpool of applicants affiliated with the largest
political party in the member state; 3 from the remaining
subpool of applicants affiliated with the second largest

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political party in the member state; and 2 from the remaining
subpool of applicants who are not affiliated with either of the
2 largest political parties in the member state. These 8
individuals shall serve on commission.
No later than July 1 of the year following a federal
decennial census, the 8 commissioners shall review the
remaining names in the pool of applicants and appoint 6
applicants to the commission as follows: 2 from the remaining
subpool of applicants affiliated with the largest political
party in the member state; 2 from the remaining subpool of
applicants affiliated with the second largest political party
in the member state; and 2 from the remaining subpool of
applicants who are not affiliated with either of the 2 largest
political parties in the member state. The 6 appointees must be
approved by at least 5 affirmative votes, which must include at
least 2 votes of commissioners affiliated with each of the 2
largest parties and one vote from a commissioner who is not
affiliated with either of the 2 largest political parties in
the member state.
If the member state does not have a state auditor, the
responsibilities of the state auditor set forth in this Compact
shall be performed by a special master appointed by a majority
of the judges of the member state's highest court.
Article IV - Vacancy.
A vacancy in the commission shall be filled in the manner

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in which the original appointment was made.
Article V - Independent redistricting plan.
The commission shall develop a redistricting plan for the
member state's congressional and state legislative districts.
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
other relevant information;

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(g) respect, to the extent practicable, visible
geographic features, city, town, and county boundaries,
and undivided census tracts;
(h) be compact; and
(i) not consider the place of residence of any
incumbent or political candidate in the creation of a map.
Districts shall not be drawn for the purpose of favoring or
discriminating against an incumbent, political candidate,
or political party.
To the extent practicable, competitive districts should be
favored where to do so would create no significant detriment to
goals (a) through (i).
Article VI - Population count.
The population count used for the purpose of creating the
independent 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.
Nine members of the commission shall constitute a quorum.

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Nine or more affirmative votes shall be required for any
official action. The final redistricting maps must be approved
by at least nine affirmative votes which must include at least
3 votes of members affiliated with each of the 2 largest
political parties in the member state and 3 votes from members
who are not affiliated with either of these 2 political
parties.
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

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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
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

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hearings.
(d) A member state with no fewer than 9 but not more
than 15 congressional districts shall hold at least 18
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) Certification to Secretary of State. Not fewer than
7 days before certifying a redistricting plan to the
Secretary of State, 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 district established under the plan and
the voting-age population by race of each district;
(2) A statement providing specific information on

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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
commission who did not approve of the plan.
Article XII - Certification to Secretary of State.
By September 1 of the year following a federal decennial
census, the commission shall approve final maps that separately
set forth the district boundary lines for the member state's
congressional and state legislative districts. Upon approval,
the commission shall certify the final maps to the member
state's Secretary of State. The commission shall issue, with
each final map, a report that explains the basis on which the
commission made its decisions in achieving compliance with the
criteria listed in Article V and shall include definitions of
the terms and standards used in drawing each final map. An
approved redistricting plan filed with the Secretary of State
shall be presumed valid, shall have the force and effect of law
and shall be published promptly by the Secretary of State. If
the member state does not have a Secretary of State, the
responsibilities of the Secretary of State set forth in this
Compact shall be performed by the Secretary of the Commonwealth
or other state official designated by the member state's chief
executive.
Article XIII - Judicial review.

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If the commission does not approve a final map by at least
the requisite votes or if a final map is not certified to the
Secretary of State by September 15 of the year following a
federal decennial census, the Secretary of State shall
immediately petition the highest court of the member state for
an order directing the appointment of special masters to adjust
the boundary lines of that map in accordance with the
redistricting criteria and requirements set forth in Article V.
Upon its approval of the special masters' map, the court shall
certify the resulting map to the Secretary of State no later
than October 1 of the year following a federal decennial
census, and that map shall constitute the certified final map
for the district.
Article XIV - 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 or state
legislative districts, including, but not limited to, the
Voting Rights Act.
Article XV - 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

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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
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 XVI - 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 Congressional or state legislative seat
is on the ballot shall not become effective until after the
election results are certified.
Article XVII - Compliance.
A member state is not required to comply with this compact

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if:
(a) the commission of any member state fails to adopt a
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
redistricting commission or failing to implement the
district map adopted by the commission.
Article XVIII - Severability.
If any provision of this agreement is held invalid, the
remaining provisions shall not be affected.
Article XIX - 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.".