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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1 AN ACT concerning elections.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 1. Short title. This Act may be cited as the No 
5Representation Without Population Act. 

6 Section 3. Definition. As used in this Act, "Department" 
7means the Department of Corrections.

8 Section 5. Electronic records. The Department shall 
9collect and maintain an electronic record of the legal 
10residence, outside of any correctional facility, and other 
11demographic data for each person in custody or entering 
12custody on or after the effective date of this Act. At a 
13minimum, this record shall contain the person's last known 
14complete street address prior to incarceration, the person's 
15race, whether the person is of Hispanic or Latino origin, and 
16whether the person is 18 years of age or older. To the degree 
17possible, the Department shall also allow the legal residence 
18to be updated as appropriate.

19 Section 10. Reports to the Secretary of State. 
20 (a) Beginning in 2030, on or before May 1 of each year 
21where the federal decennial census is taken but in which the 
 
 
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1United States Bureau of the Census allocates incarcerated 
2persons as residents of correctional facilities, the 
3Department shall deliver to the Secretary of State the 
4following information:
5  (1) A unique identifier, not including the name or 
6 Department-assigned inmate number, for each incarcerated 
7 person subject to the jurisdiction of the Department on 
8 the date for which the decennial census reports 
9 population. The unique identifier shall enable the 
10 Secretary of State to address inquiries about specific 
11 address records to the Department, without making it 
12 possible for anyone outside of the Department to identify 
13 the inmate to whom the address record pertains.
14  (2) The street address of the correctional facility 
15 where the person was incarcerated at the time of the 
16 report.
17  (3) The last known address of the person prior to 
18 incarceration or other legal residence, if known.
19  (4) The person's race, whether the person is of 
20 Hispanic or Latino origin, and whether the person is age 
21 18 or older, if known.
22  (5) Any additional information as the Secretary of 
23 State may request pursuant to law.
24 (b) The Department shall provide the information specified 
25in subsection (a) in the form that the Secretary of State shall 
26specify.
 
 
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1 (c) Notwithstanding any other provision of law, the 
2information required to be provided to the Secretary of State 
3pursuant to this Section shall not include the name of any 
4incarcerated person and shall not allow for the identification 
5of any person therefrom, except to the Department. The 
6information shall be treated as confidential and shall not be 
7disclosed by the Secretary of State except as redistricting 
8data aggregated by census block for purposes specified in 
9Section 20.

10 Section 15. Federal facilities. On or before February 1, 
112030 and on or before February 1 of each year in which the 
12federal decennial census is taken but in which the United 
13States Bureau of the Census allocates incarcerated persons as 
14residents of correctional facilities, the Secretary of State 
15shall request each agency that operates a federal facility in 
16this State that incarcerates persons convicted of a criminal 
17offense to provide the Secretary of State with a report that 
18includes the information listed in subsection (a) of Section 
1910.

20 Section 20. Secretary of State; redistricting data. 
21Beginning in 2031, the Secretary of State shall prepare 
22redistricting population data to reflect incarcerated persons 
23at their residential address, pursuant to Section 25. The data 
24prepared by the Secretary of State shall be the basis of the 
 
 
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1Legislative and Representative Districts required to be 
2created pursuant to Section 3 of Article IV of the Illinois 
3Constitution of 1970. Incarcerated populations residing at 
4unknown geographic locations within the State, as determined 
5under paragraph (2) of subsection (c) of Section 25, shall not 
6be used to determine the ideal population of any set of 
7districts, wards, or precincts.

8 Section 25. Determinations and data publication by the 
9Secretary of State. 
10 (a) For each person included in a report received under 
11Sections 10 and 15, the Secretary of State shall determine the 
12geographic units for which population counts are reported in 
13the federal decennial census that contain the facility of 
14incarceration and the legal residence as listed according to 
15the report.
16 (b) For each person included in a report received under 
17Sections 10 and 15, if the legal residence is known and in this 
18State, the Secretary of State shall:
19  (1) ensure that the person is not represented in any 
20 population counts reported by the Secretary of State for 
21 the geographic units that include the facility where the 
22 person was incarcerated, unless that geographic unit also 
23 includes the person's legal residence; and
24  (2) ensure that any population counts reported by the 
25 Secretary of State reflect the person's residential 
 
 
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1 address as reported under Sections 10 and 15.
2 (c) For each person included in a report received under 
3Sections 10 and 15 for whom a legal residence is unknown or not 
4in this State and for all persons reported in the census as 
5residing in a federal correctional facility for whom a report 
6was not provided, the Secretary of State shall:
7  (1) ensure that the person is not represented in any 
8 population counts reported by the Secretary of State for 
9 the geographic units that include the facility where the 
10 person was incarcerated; and
11  (2) allocate the person to a State unit not tied to a 
12 specific determined geographic location, as other State 
13 residents with unknown State addresses are allocated.
14 (d) The data prepared by the Secretary of State pursuant 
15to this Section shall be completed and published no later than 
1630 days after the date that federal decennial census data 
17required to be published by Public Law 94-171 is published for 
18the State of Illinois.

19 Section 30. Data; Legislative and Representative 
20Districts. Beginning in 2031, the data prepared by the 
21Secretary of State in Section 25:
22  (1) shall be used only as the basis for determining 
23 Legislative and Representative Districts; and
24  (2) shall not be used in the distribution of any State 
25 or federal aid.
 
 
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1 Residences at unknown geographic locations within the 
2State under subsection (c) of Section 25 shall not be used to 
3determine the ideal population of any set of districts, wards, 
4or precincts.

5 Section 97. Severability. The provisions of this Act are 
6severable under Section 1.31 of the Statute on Statutes.