Bill Text: IL HB3629 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the No Representation Without Population Act. Defines terms. Provides that beginning in 2030, the Department of Corrections shall deliver information to the Secretary of State including a unique identifier for an incarcerated person, the address of the correctional facility where the person is incarcerated at the time of the report, the person's last known address, the person's race and age, and other information requested pursuant to law. Provides that beginning in 2031, the Secretary of State shall prepare redistricting population data to reflect incarcerated persons at their residential address. Provides for determinations and data for publication by the Secretary of State. Makes other changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3629 Detail]

Download: Illinois-2021-HB3629-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3629 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
New Act
Creates the No Representation Without Population Act. Defines terms. Provides that beginning in 2030, the Department of Corrections shall deliver information to the Secretary of State including unique identifier for incarcerated persons, the address of the correctional facility where the person is incarcerated at the time of the report, the person's last known address, the person's race and age, and other information requested pursuant to law. Provides that beginning in 2031, the Secretary of State shall prepare redistricting population data to reflect incarcerated persons at their residential address. Provides for determinations and data for publication by the Secretary of State. Makes other changes.
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A BILL FOR
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AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the No
Representation Without Population Act.
Section 3. Definition. As used in this Act, "Department"
means the Department of Corrections.
Section 5. Electronic records. The Department shall
collect and maintain an electronic record of the legal
residence, outside of any correctional facility, and other
demographic data for each person in custody or entering
custody on or after the effective date of this Act. At a
minimum, this record shall contain the person's last known
complete street address prior to incarceration, the person's
race, whether the person is of Hispanic or Latino origin, and
whether the person is 18 years of age or older. To the degree
possible, the Department shall also allow the legal residence
to be updated as appropriate.
Section 10. Reports to the Secretary of State.
(a) Beginning in 2030, on or before May 1 of each year
where the federal decennial census is taken but in which the

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United States Bureau of the Census allocates incarcerated
persons as residents of correctional facilities, the
Department shall deliver to the Secretary of State the
following information:
(1) A unique identifier, not including the name or
Department-assigned inmate number, for each incarcerated
person subject to the jurisdiction of the Department on
the date for which the decennial census reports
population. The unique identifier shall enable the
Secretary of State to address inquiries about specific
address records to the Department, without making it
possible for anyone outside of the Department to identify
the inmate to whom the address record pertains.
(2) The street address of the correctional facility
where the person was incarcerated at the time of the
report.
(3) The last known address of the person prior to
incarceration or other legal residence, if known.
(4) The person's race, whether the person is of
Hispanic or Latino origin, and whether the person is age
18 or older, if known.
(5) Any additional information as the Secretary of
State may request pursuant to law.
(b) The Department shall provide the information specified
in subsection (a) in the form that the Secretary of State shall
specify.

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(c) Notwithstanding any other provision of law, the
information required to be provided to the Secretary of State
pursuant to this Section shall not include the name of any
incarcerated person and shall not allow for the identification
of any person therefrom, except to the Department. The
information shall be treated as confidential and shall not be
disclosed by the Secretary of State except as redistricting
data aggregated by census block for purposes specified in
Section 20.
Section 15. Federal facilities. On or before February 1,
2030 and on or before February 1 of each year in which the
federal decennial census is taken but in which the United
States Bureau of the Census allocates incarcerated persons as
residents of correctional facilities, the Secretary of State
shall request each agency that operates a federal facility in
this State that incarcerates persons convicted of a criminal
offense to provide the Secretary of State with a report that
includes the information listed in subsection (a) of Section
10.
Section 20. Secretary of State; redistricting data.
Beginning in 2031, the Secretary of State shall prepare
redistricting population data to reflect incarcerated persons
at their residential address, pursuant to Section 25. The data
prepared by the Secretary of State shall be the basis of the

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Legislative and Representative Districts required to be
created pursuant to Section 3 of Article IV of the Illinois
Constitution of 1970. Incarcerated populations residing at
unknown geographic locations within the State, as determined
under paragraph (2) of subsection (c) of Section 25, shall not
be used to determine the ideal population of any set of
districts, wards, or precincts.
Section 25. Determinations and data publication by the
Secretary of State.
(a) For each person included in a report received under
Sections 10 and 15, the Secretary of State shall determine the
geographic units for which population counts are reported in
the federal decennial census that contain the facility of
incarceration and the legal residence as listed according to
the report.
(b) For each person included in a report received under
Sections 10 and 15, if the legal residence is known and in this
State, the Secretary of State shall:
(1) ensure that the person is not represented in any
population counts reported by the Secretary of State for
the geographic units that include the facility where the
person was incarcerated, unless that geographic unit also
includes the person's legal residence; and
(2) ensure that any population counts reported by the
Secretary of State reflect the person's residential

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address as reported under Sections 10 and 15.
(c) For each person included in a report received under
Sections 10 and 15 for whom a legal residence is unknown or not
in this State and for all persons reported in the census as
residing in a federal correctional facility for whom a report
was not provided, the Secretary of State shall:
(1) ensure that the person is not represented in any
population counts reported by the Secretary of State for
the geographic units that include the facility where the
person was incarcerated; and
(2) allocate the person to a State unit not tied to a
specific determined geographic location, as other State
residents with unknown State addresses are allocated.
(d) The data prepared by the Secretary of State pursuant
to this Section shall be completed and published no later than
30 days after the date that federal decennial census data
required to be published by Public Law 94-171 is published for
the State of Illinois.
Section 30. Data; Legislative and Representative
Districts. Beginning in 2031, the data prepared by the
Secretary of State in Section 25:
(1) shall be used only as the basis for determining
Legislative and Representative Districts; and
(2) shall not be used in the distribution of any State
or federal aid.

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Residences at unknown geographic locations within the
State under subsection (c) of Section 25 shall not be used to
determine the ideal population of any set of districts, wards,
or precincts.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.