Bill Text: IL HJRCA0010 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Proposes to amend the Legislature Article of the Illinois Constitution. Creates the Independent Redistricting Commission to adopt and file with the Secretary of State a redistricting plan for Legislative and Representative Districts. Provides for the selection of Commissioners and establishes the authority of a Special Commissioner to design a redistricting plan in the event that the Commission fails to properly adopt and file a redistricting plan. Effective beginning with redistricting in 2021 and applies to members elected in 2022 and thereafter.

Spectrum: Partisan Bill (Republican 44-0)

Status: (Introduced) 2019-01-22 - Added Co-Sponsor Rep. David McSweeney [HJRCA0010 Detail]

Download: Illinois-2019-HJRCA0010-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0010

Introduced , by Rep. Jim Durkin - Tim Butler - Grant Wehrli - Lindsay Parkhurst - Deanne M. Mazzochi, et al.

SYNOPSIS AS INTRODUCED:
ILCON Art. IV, Sec. 3

Proposes to amend the Legislature Article of the Illinois Constitution. Creates the Independent Redistricting Commission to adopt and file with the Secretary of State a redistricting plan for Legislative and Representative Districts. Provides for the selection of Commissioners and establishes the authority of a Special Commissioner to design a redistricting plan in the event that the Commission fails to properly adopt and file a redistricting plan. Effective beginning with redistricting in 2021 and applies to members elected in 2022 and thereafter.
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HC0010LRB101 05111 SMS 50122 e
1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT
3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
4HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to amend Section 3 of Article IV
9of the Illinois Constitution as follows:
10
ARTICLE IV
11
THE LEGISLATURE
12 (ILCON Art. IV, Sec. 3)
13SECTION 3. LEGISLATIVE REDISTRICTING
14 (a) The Independent Redistricting Commission comprising 11
15Commissioners shall adopt and file with the Secretary of State
16a redistricting plan for Legislative Districts and
17Representative Districts by June 30 of the year following each
18Federal decennial census. Legislative Districts shall be
19contiguous and substantially equal in population.
20Representative Districts shall be contiguous and substantially
21equal in population. The redistricting plan shall comply with
22Federal law. Subject to the foregoing, the Commission shall
23apply the following criteria: (1) the redistricting plan shall

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1not dilute or diminish the ability of a racial or language
2minority community to elect the candidates of its choice,
3including when voting in concert with other persons; (2) the
4redistricting plan shall respect the geographic integrity of
5units of local government; and (3) the redistricting plan shall
6respect the geographic integrity of communities sharing common
7social and economic interests, which do not include
8relationships with political parties or candidates for office.
9The redistricting plan shall not either intentionally or unduly
10discriminate against or intentionally or unduly favor any
11political party, political group, or particular person. In
12designing the redistricting plan, the Commission shall
13consider party registration and voting history data only to
14assess compliance with the requirements in this subsection (a).
15 (b) For the purpose of conducting the Commissioner
16selection process, an Applicant Review Panel comprising three
17Reviewers shall be chosen in the manner set forth in this
18subsection (b). Beginning not later than January 1 and ending
19not later than March 1 of the year in which the Federal
20decennial census occurs, the Auditor General shall request and
21accept applications to serve as a Reviewer. The Auditor General
22shall review all applications and select a pool of 30 potential
23Reviewers. The Auditor General should select applicants for the
24pool of potential Reviewers who would operate in an ethical and
25non-partisan manner by considering whether each applicant is a
26resident and registered voter of the State and has been for the

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1four years preceding his or her application, has demonstrated
2understanding of and adherence to standards of ethical conduct,
3and has been unaffiliated with any political party for the
4three years preceding appointment. By March 31 of the year in
5which the Federal decennial census occurs, the Auditor General
6shall publicly select by random draw the Panel of three
7Reviewers from the pool of potential Reviewers.
8 (c) Beginning not later than January 1 and ending not later
9than March 1 of the year in which the Federal decennial census
10occurs, the Auditor General shall request and accept
11applications to serve as a Commissioner on the Independent
12Redistricting Commission. By May 31, the Panel shall select a
13pool of 100 potential Commissioners. The Panel should select
14applicants for the pool of potential Commissioners who would be
15diverse and unaffected by conflicts of interest by considering
16whether each applicant is a resident and registered voter of
17the State and has been for the four years preceding his or her
18application, as well as each applicant's prior political
19experience, relevant analytical skills, ability to contribute
20to a fair redistricting process, and ability to represent the
21demographic and geographic diversity of the State. The Panel
22shall act by affirmative vote of two Reviewers. All records of
23the Panel, including applications to serve on the Panel, shall
24be open for public inspection, except private information about
25applicants for which there is no compelling public interest in
26disclosure.

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1 (d) Within 45 days after the Panel has selected the pool of
2100 potential Commissioners, but not later than June 23 of the
3year in which the Federal decennial census occurs, the Speaker
4and Minority Leader of the House of Representatives and the
5President and Minority Leader of the Senate each may remove up
6to five of those potential Commissioners. Thereafter, but not
7later than June 30, the Panel shall publicly select seven
8Commissioners by random draw from the remaining pool of
9potential Commissioners; of those seven Commissioners,
10including any replacements, (1) the seven Commissioners shall
11reside among the Judicial Districts in the same proportion as
12the number of Judges elected therefrom under Section 3 of
13Article VI of this Constitution, (2) two Commissioners shall be
14affiliated with the political party whose candidate for
15Governor received the most votes cast in the last general
16election for Governor, two Commissioners shall be affiliated
17with the political party whose candidate for Governor received
18the second-most votes cast in such election and the remaining
19three Commissioners shall not be affiliated with either such
20political party, and (3) no more than two Commissioners may be
21affiliated with the same political party. The Speaker and
22Minority Leader of the House of Representatives and the
23President and Minority Leader of the Senate each shall appoint
24one Commissioner from among the remaining applicants in the
25pool of potential Commissioners on the basis of the appointee's
26contribution to the demographic and geographic diversity of the

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1Commission. A vacancy on the Panel or Commission shall be
2filled within five days by a potential Reviewer or potential
3Commissioner from among the applicants remaining in the pool of
4potential Reviewers or potential Commissioners, respectively,
5in the manner in which the office was previously filled.
6 (e) The Commission shall act in public meetings by
7affirmative vote of six Commissioners, except that approval of
8any redistricting plan shall require the affirmative vote of at
9least (1) seven Commissioners total, (2) two Commissioners from
10each political party whose candidate for Governor received the
11most and second-most votes cast in the last general election
12for Governor, and (3) two Commissioners not affiliated with
13either such political party. The Commission shall elect its
14chairperson and vice chairperson, who shall not be affiliated
15with the same political party. Six Commissioners shall
16constitute a quorum. All meetings of the Commission attended by
17a quorum, except for meetings qualified under attorney-client
18privilege, shall be open to the public and publicly noticed at
19least two days prior to the meeting. All records of the
20Commission, including communications between Commissioners
21regarding the Commission's work, shall be open for public
22inspection, except for records qualified under attorney-client
23privilege. The Commission shall adopt rules governing its
24procedure, public hearings, and the implementation of matters
25under this Section. The Commission shall hold public hearings
26throughout the State both before and after releasing the

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1initial proposed redistricting plan. The Commission may not
2adopt a final redistricting plan unless the plan to be adopted
3without further amendment, and a report explaining its
4compliance with this Constitution, have been publicly noticed
5at least seven days before the final vote on such plan.
6 (f) If the Commission fails to adopt and file with the
7Secretary of State a redistricting plan by June 30 of the year
8following a Federal decennial census, the Chief Justice of the
9Supreme Court and the most senior Judge of the Supreme Court
10who is not affiliated with the same political party as the
11Chief Justice shall appoint jointly by July 31 a Special
12Commissioner for Redistricting. The Special Commissioner shall
13adopt and file with the Secretary of State by August 31 a
14redistricting plan satisfying the requirements set forth in
15subsection (a) of this Section and a report explaining its
16compliance with this Constitution. The Special Commissioner
17shall hold at least one public hearing in the State before
18releasing his or her initial proposed redistricting plan and at
19least one public hearing in a different location in the State
20after releasing his or her initial proposed redistricting plan,
21and before filing the final redistricting plan with the
22Secretary of State. All records of the Special Commissioner
23shall be open for public inspection, except for records
24qualified under attorney-client privilege.
25 (g) An adopted redistricting plan filed with the Secretary
26of State shall be presumed valid and shall be published

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1promptly by the Secretary of State.
2 (h) The Supreme Court shall have original jurisdiction in
3cases relating to matters under this Section.
4 (a) Legislative Districts shall be compact, contiguous and
5substantially equal in population. Representative Districts
6shall be compact, contiguous, and substantially equal in
7population.
8 (b) In the year following each Federal decennial census
9year, the General Assembly by law shall redistrict the
10Legislative Districts and the Representative Districts.
11 If no redistricting plan becomes effective by June 30 of
12that year, a Legislative Redistricting Commission shall be
13constituted not later than July 10. The Commission shall
14consist of eight members, no more than four of whom shall be
15members of the same political party.
16 The Speaker and Minority Leader of the House of
17Representatives shall each appoint to the Commission one
18Representative and one person who is not a member of the
19General Assembly. The President and Minority Leader of the
20Senate shall each appoint to the Commission one Senator and one
21person who is not a member of the General Assembly.
22 The members shall be certified to the Secretary of State by
23the appointing authorities. A vacancy on the Commission shall
24be filled within five days by the authority that made the
25original appointment. A Chairman and Vice Chairman shall be
26chosen by a majority of all members of the Commission.

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1 Not later than August 10, the Commission shall file with
2the Secretary of State a redistricting plan approved by at
3least five members.
4 If the Commission fails to file an approved redistricting
5plan, the Supreme Court shall submit the names of two persons,
6not of the same political party, to the Secretary of State not
7later than September 1.
8 Not later than September 5, the Secretary of State publicly
9shall draw by random selection the name of one of the two
10persons to serve as the ninth member of the Commission.
11 Not later than October 5, the Commission shall file with
12the Secretary of State a redistricting plan approved by at
13least five members.
14 An approved redistricting plan filed with the Secretary of
15State shall be presumed valid, shall have the force and effect
16of law and shall be published promptly by the Secretary of
17State.
18 The Supreme Court shall have original and exclusive
19jurisdiction over actions concerning redistricting the House
20and Senate, which shall be initiated in the name of the People
21of the State by the Attorney General.
22(Source: Amendment adopted at general election November 4,
231980.)
24
SCHEDULE
25 This Constitutional Amendment takes effect beginning with

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1redistricting in 2021 and applies to the election of members of
2the General Assembly in 2022 and thereafter.
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