Bill Text: IL HJRCA0016 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Proposes to amend the Legislature Article of the Illinois Constitution. Provides that the Senate by resolution (instead of the General Assembly by law) shall divide the Legislative Districts into 3 groups for the election of Senators. Provides that Legislative and Representative Districts shall reflect minority voting strengths and consider political boundaries (as well as be compact, contiguous, and substantially equal in population). Provides that, by June 30 in the year following each Federal decennial census year, the Senate and House, each by resolution adopted by three-fifths of the members elected, shall redistrict the Legislative and Representative Districts, respectively. If a resolution is not filed with the Secretary of State by June 30, provides that a Legislative District or a Representative District Redistricting Commission shall be appointed and the Commission has until July 31 to redistrict the Legislative Districts or Representative Districts, as applicable. If a Commission fails to redistrict, requires the Chief Justice and another Judge of the Supreme Court to appoint a Special Master to redistrict by September 5. Requires districts to reflect minority voting strengths. Makes other changes. Effective upon being declared adopted.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-05-02 - Tabled Pursuant to Rule 46 [HJRCA0016 Detail]

Download: Illinois-2009-HJRCA0016-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0016 Introduced 2/11/2009, by Rep. James D. Brosnahan SYNOPSIS AS INTRODUCED:
ILCON Art. IV, Sec. 2
ILCON Art. IV, Sec. 3
Proposes to amend the Legislature Article of the Illinois Constitution. Provides that the Senate by resolution (instead of the General Assembly by law) shall divide the Legislative Districts into 3 groups for the election of Senators. Provides that Legislative and Representative Districts shall reflect minority voting strengths and consider political boundaries (as well as be compact, contiguous, and substantially equal in population). Provides that, by June 30 in the year following each Federal decennial census year, the Senate and House, each by resolution adopted by three-fifths of the members elected, shall redistrict the Legislative and Representative Districts, respectively. If a resolution is not filed with the Secretary of State by June 30, provides that a Legislative District or a Representative District Redistricting Commission shall be appointed and the Commission has until July 31 to redistrict the Legislative Districts or Representative Districts, as applicable. If a Commission fails to redistrict, requires the Chief Justice and another Judge of the Supreme Court to appoint a Special Master to redistrict by September 5. Requires districts to reflect minority voting strengths. Makes other changes. Effective upon being declared adopted.
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A BILL FOR
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HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
SENATE CONCURRING HEREIN, that there shall be submitted to the
electors of the State for adoption or rejection at the general
election next occurring at least 6 months after the adoption of
this resolution a proposition to amend Sections 2 and 3 of
Article IV of the Illinois Constitution as follows:
ARTICLE IV
THE LEGISLATURE
(ILCON Art. IV, Sec. 2)
SECTION 2. LEGISLATIVE COMPOSITION
(a) One Senator shall be elected from each Legislative
District. Immediately following each decennial redistricting,
the Senate, by resolution, General Assembly by law shall divide
the Legislative Districts as equally as possible into three
groups. Senators from one group shall be elected for terms of
four years, four years and two years; Senators from the second
group, for terms of four years, two years and four years; and
Senators from the third group, for terms of two years, four
years and four years. The Legislative Districts in each group
shall be distributed substantially equally over the State.

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(b) Each Legislative District shall be divided into two
Representative Districts. In 2012 1982 and every two years
thereafter one Representative shall be elected from each
Representative District for a term of two years.
(c) To be eligible to serve as a member of the General
Assembly, a person must be a United States citizen, at least 21
years old, and for the two years preceding his election or
appointment a resident of the district which he is to
represent. In the general election following a redistricting, a
candidate for the General Assembly may be elected from any
district which contains a part of the district in which he
resided at the time of the redistricting and reelected if a
resident of the new district he represents for 18 months prior
to reelection.
(d) Within thirty days after a vacancy occurs, it shall be
filled by appointment as provided by law. If the vacancy is in
a Senatorial office with more than twenty-eight months
remaining in the term, the appointed Senator shall serve until
the next general election, at which time a Senator shall be
elected to serve for the remainder of the term. If the vacancy
is in a Representative office or in any other Senatorial
office, the appointment shall be for the remainder of the term.
An appointee to fill a vacancy shall be a member of the same
political party as the person he succeeds.
(e) No member of the General Assembly shall receive
compensation as a public officer or employee from any other

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governmental entity for time during which he is in attendance
as a member of the General Assembly.
No member of the General Assembly during the term for which
he was elected or appointed shall be appointed to a public
office which shall have been created or the compensation for
which shall have been increased by the General Assembly during
that term.
(Source: Amendment adopted at general election November 4,
1980.)
(ILCON Art. IV, Sec. 3)
SECTION 3. LEGISLATIVE REDISTRICTING
(a) Legislative Districts shall be compact, be contiguous,
be and substantially equal in population, reflect minority
voting strengths, and consider political boundaries.
Representative Districts shall be compact, be contiguous, be
and substantially equal in population, reflect minority voting
strengths, and consider political boundaries. A Representative
District need not be entirely within a single Legislative
District.
(b) In the year following each Federal decennial census
year, the Senate, by resolution adopted by a record vote of
three-fifths of the members elected, General Assembly by law
shall redistrict the Legislative Districts, and the House of
Representatives, by resolution adopted by a record vote of
three-fifths of the members elected, shall redistrict the

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Representative Districts. An adopted redistricting resolution
shall be filed with the Secretary of State by the presiding
officer of the house that adopted the resolution. Each house
shall file an adopted resolution not later than June 30.
(c) A If no redistricting plan becomes effective by June 30
of that year, a Legislative District Redistricting Commission
shall be constituted by April 1 of the year following each
Federal decennial census year not later than July 10. The
Commission shall consist of four eight members, no more than
two four of whom shall be members of the same political party.
The Speaker and Minority Leader of the House of
Representatives shall each appoint to the Commission one
Representative and one person who is not a member of the
General Assembly. The President and Minority Leader of the
Senate shall each appoint two persons to the Commission one
Senator and one person who is not a member of the General
Assembly.
The members shall be certified to the Secretary of State by
the appointing authorities. A vacancy on the Commission shall
be filled within five days by the authority that made the
original appointment. A Chairman and Vice Chairman shall be
chosen by a majority of all members of the Commission. The
Commission may hold public hearings and collect information
regarding the redistricting of Legislative Districts.
If the Senate has failed to file a redistricting resolution
with the Secretary of State by June 30, the Commission, by

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resolution adopted by record vote of at least three
Commissioners, shall redistrict the Legislative Districts.
Not later than July 31, the Commission shall file an
adopted resolution with the Secretary of State. If the
Commission fails to file an adopted resolution by July 31, the
Chief Justice of the Supreme Court and a Supreme Court Judge
selected by the Supreme Court Judges from a political party
other than the political party of the Chief Justice shall
jointly appoint one person to act as Special Master to
redistrict the Legislative Districts, who may not be the same
person appointed Special Master under subsection (d). The
Special Master shall be appointed and certified to the
Secretary of State not later than August 10. The Special Master
shall file a redistricting map of the Legislative Districts
with the Secretary of State not later than September 5.
(d) A Representative District Redistricting Commission
shall be constituted by April 1 of the year following each
Federal decennial census year. The Commission shall consist of
four members, no more than two of whom shall be members of the
same political party.
The Speaker and Minority Leader of the House of
Representatives shall each appoint two persons to the
Commission.
The members shall be certified to the Secretary of State by
the appointing authorities. A vacancy on the Commission shall
be filled within five days by the authority that made the

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original appointment. A Chairman and Vice Chairman shall be
chosen by a majority of all members of the Commission. The
Commission may hold public hearings and collect information
regarding the redistricting of Representative Districts.
If the House of Representatives has failed to file a
redistricting resolution with the Secretary of State by June
30, the Commission, by resolution adopted by record vote of at
least three Commissioners, shall redistrict the Representative
Districts.
Not later than July 31, the Commission shall file an
adopted resolution with the Secretary of State. If the
Commission fails to file an adopted resolution by July 31, the
Chief Justice of the Supreme Court and a Supreme Court Judge
selected by the Supreme Court Judges from a political party
other than the political party of the Chief Justice shall
jointly appoint one person to act as Special Master to
redistrict the Representative Districts, who may not be the
same person appointed Special Master under subsection (c). The
Special Master shall be appointed and certified to the
Secretary of State not later than August 10. The Special Master
shall file a redistricting map of the Representative Districts
with the Secretary of State not later than September 5.
Not later than August 10, the Commission shall file with
the Secretary of State a redistricting plan approved by at
least five members.
If the Commission fails to file an approved redistricting

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plan, the Supreme Court shall submit the names of two persons,
not of the same political party, to the Secretary of State not
later than September 1.
Not later than September 5, the Secretary of State publicly
shall draw by random selection the name of one of the two
persons to serve as the ninth member of the Commission.
Not later than October 5, the Commission shall file with
the Secretary of State a redistricting plan approved by at
least five members.
(e) A An approved redistricting resolution or
redistricting map 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.
The Supreme Court shall have original and exclusive
jurisdiction over actions concerning redistricting the House
and Senate, which shall be initiated in the name of the People
of the State by the Attorney General.
(Source: Amendment adopted at general election November 4,
1980.)
SCHEDULE
The State Board of Elections shall proceed, as soon as all
the returns are received but no later than 31 days after the
election, to canvass the votes given for and against this
Constitutional Amendment, as shown by the abstracts of votes
cast. If this Constitutional Amendment is approved by either

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three-fifths of those voting on the question or a majority of
those voting in the election, then the State Board of Elections
shall declare the adoption of this Constitutional Amendment and
it shall, upon declaration of its adoption, take effect and
become a part of the Constitution of this State. This Schedule
supersedes and applies notwithstanding any statute to the
contrary, and no other requirements, including without
limitation proclamation of the results of the vote or notice by
publication, are necessary for its effectiveness. This
Constitutional Amendment applies to redistricting beginning in
2011 and to the election of members of the General Assembly
beginning in 2012.