Bill Text: IL HJRCA0023 | 2017-2018 | 100th 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 Legislature 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HJRCA0023 Detail]
Download: Illinois-2017-HJRCA0023-Introduced.html
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1 | HOUSE JOINT RESOLUTION
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2 | CONSTITUTIONAL AMENDMENT
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3 | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE | |||||||||||||||||||
4 | HUNDREDTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE | |||||||||||||||||||
5 | CONCURRING HEREIN, that there shall be submitted to the | |||||||||||||||||||
6 | electors of the State for adoption or rejection at the general | |||||||||||||||||||
7 | election next occurring at least 6 months after the adoption of | |||||||||||||||||||
8 | this resolution a proposition to amend Section 3 of Article IV | |||||||||||||||||||
9 | of the Illinois Constitution as follows:
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10 | ARTICLE IV
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11 | THE LEGISLATURE
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12 | (ILCON Art. IV, Sec. 3)
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13 | SECTION 3. LEGISLATIVE REDISTRICTING
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14 | (a) The Independent Redistricting Commission shall adopt | |||||||||||||||||||
15 | and file with the Secretary of State a redistricting plan for | |||||||||||||||||||
16 | Legislative Districts and Representative Districts by June 30 | |||||||||||||||||||
17 | of the year following each federal decennial census. | |||||||||||||||||||
18 | Legislative Districts shall be contiguous and substantially | |||||||||||||||||||
19 | equal in population. Representative Districts shall be | |||||||||||||||||||
20 | contiguous and substantially equal in population. The | |||||||||||||||||||
21 | redistricting plan shall comply with federal law. Subject to | |||||||||||||||||||
22 | the foregoing, the Commission shall apply the following | |||||||||||||||||||
23 | criteria: (1) the redistricting plan shall not dilute or |
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1 | diminish the ability of a racial or language minority community | ||||||
2 | to elect the candidates of its choice, including when voting in | ||||||
3 | concert with other persons; (2) districts shall respect the | ||||||
4 | geographic integrity of units of local government; (3) | ||||||
5 | districts shall respect the geographic integrity of | ||||||
6 | communities sharing common social and economic interests, | ||||||
7 | which do not include relationships with political parties or | ||||||
8 | candidates for office; and (4) the redistricting plan shall not | ||||||
9 | either purposefully or significantly discriminate against or | ||||||
10 | favor any political party or group. In designing the | ||||||
11 | redistricting plan, the Commission shall consider party | ||||||
12 | registration and voting history data only to assess compliance | ||||||
13 | with the foregoing criteria, and shall not consider the | ||||||
14 | residence of any person. The Commission shall hold at least one | ||||||
15 | public hearing in each Judicial District before, and at least | ||||||
16 | one public hearing in each Judicial District after, releasing | ||||||
17 | the initial proposed redistricting plan. The Commission may not | ||||||
18 | adopt a final redistricting plan unless the plan to be adopted | ||||||
19 | without further amendment, and a report explaining its | ||||||
20 | compliance with this Constitution and the criteria applicable, | ||||||
21 | have been publicly noticed at least seven days before the final | ||||||
22 | vote on the plan. An adopted redistricting plan shall have the | ||||||
23 | force and effect of law and shall be published promptly by the | ||||||
24 | Secretary of State. The State Board of Elections shall provide | ||||||
25 | the Commission and the public with complete and accurate census | ||||||
26 | information and technology sufficient to propose redistricting |
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1 | plans. The Commission shall adopt rules governing its procedure | ||||||
2 | and the implementation of this Section. | ||||||
3 | (b) The Commission shall act in public meetings by | ||||||
4 | affirmative vote of six Commissioners, except that approval of | ||||||
5 | any redistricting plan shall require the affirmative vote of at | ||||||
6 | least seven Commissioners, including at least (1) two | ||||||
7 | Commissioners from each political party whose candidate for | ||||||
8 | Governor received the most and second-most votes cast in the | ||||||
9 | last general election for Governor, and (2) two Commissioners | ||||||
10 | not affiliated with either such political party. The Commission | ||||||
11 | shall elect from its number a chairperson and vice chairperson, | ||||||
12 | who shall not be affiliated with the same political party. Six | ||||||
13 | Commissioners shall constitute a quorum. All meetings of the | ||||||
14 | Commission attended by at least four Commissioners, except for | ||||||
15 | meetings qualified under attorney-client privilege during | ||||||
16 | pending litigation, shall be open to the public and publicly | ||||||
17 | noticed at least two days prior to the meeting. All records of | ||||||
18 | the Commission, including communications between Commissioners | ||||||
19 | regarding the Commission's work, shall be open for public | ||||||
20 | inspection, except for records qualified under attorney-client | ||||||
21 | privilege. The Commission may retain assistance from counsel, | ||||||
22 | technical staff, and other persons with relevant skills and | ||||||
23 | shall be provided with adequate resources to complete its work. | ||||||
24 | (c) For the purpose of conducting the Commissioner | ||||||
25 | selection process, an Applicant Review Panel comprised of three | ||||||
26 | Reviewers shall be chosen in the following manner in the year |
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1 | in which each federal decennial census occurs. Beginning no | ||||||
2 | later than January 1 and ending no later than March 1 of the | ||||||
3 | year in which the federal decennial census occurs, the Auditor | ||||||
4 | General shall request and accept applications of individuals | ||||||
5 | applying to serve as Reviewers. By March 31, the Auditor | ||||||
6 | General shall appoint a Panel of three Reviewers, selected by | ||||||
7 | random draw from eligible applicants. The Panel shall act in | ||||||
8 | public meetings by affirmative vote of at least two Reviewers. | ||||||
9 | All meetings of the Panel shall be open to the public and | ||||||
10 | publicly noticed at least two days before the meeting. All | ||||||
11 | records of the Panel, including applications to serve on the | ||||||
12 | Panel or the Commission, shall be open for public inspection, | ||||||
13 | except for private information about applicants for which there | ||||||
14 | is no compelling public interest in disclosure. The Panel may | ||||||
15 | retain assistance from counsel, technical staff, and other | ||||||
16 | persons with relevant skills and shall be provided with | ||||||
17 | adequate resources to complete its work. | ||||||
18 | (d) The 11-member Independent Redistricting Commission | ||||||
19 | shall be chosen in the following manner in the year in which | ||||||
20 | each federal decennial census occurs. Beginning no later than | ||||||
21 | January 1 and ending no later than March 1 of the year in which | ||||||
22 | the federal decennial census occurs, the Auditor General shall | ||||||
23 | request and accept applications to serve as Commissioners. By | ||||||
24 | May 31, the Applicant Review Panel shall select 100 eligible | ||||||
25 | applicants based on their relevant analytical skills, | ||||||
26 | impartiality, and ability to contribute to a fair redistricting |
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1 | process, and shall ensure that such applicants reflect the | ||||||
2 | demographic and geographic diversity of the State. The Speaker | ||||||
3 | and Minority Leader of the House of Representatives and the | ||||||
4 | President and Minority Leader of the Senate each may remove up | ||||||
5 | to five of the applicants selected by the Panel. By June 30, | ||||||
6 | the Panel shall conduct a random drawing from the remaining | ||||||
7 | applicants in order to select seven Commissioners that | ||||||
8 | individually and collectively satisfy the following | ||||||
9 | requirements (with the random drawing to continue until seven | ||||||
10 | qualified Commissioners are selected): (1) the seven | ||||||
11 | Commissioners shall reside among the Judicial Districts in the | ||||||
12 | same proportion as the number of judges elected therefrom under | ||||||
13 | Section 3 of Article VI of this Constitution, (2) two | ||||||
14 | Commissioners shall be affiliated with the political party | ||||||
15 | whose candidate for Governor received the most votes cast in | ||||||
16 | the last general election for Governor, two Commissioners shall | ||||||
17 | be affiliated with the political party whose candidate for | ||||||
18 | Governor received the second-most votes cast in such election, | ||||||
19 | and the remaining three Commissioners shall not be affiliated | ||||||
20 | with either such political party, and (3) no more than two | ||||||
21 | Commissioners may be affiliated with the same political party. | ||||||
22 | The Speaker and Minority Leader of the House of Representatives | ||||||
23 | and the President and Minority Leader of the Senate each shall | ||||||
24 | appoint one Commissioner from among the remaining applicants on | ||||||
25 | the basis of the appointee's contribution to the demographic | ||||||
26 | and geographic diversity of the Commission. |
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1 | (e) To be eligible to serve as a Reviewer, a person must | ||||||
2 | have education and experience in the examination and assessment | ||||||
3 | of personnel, records, systems, or procedures for 10 years | ||||||
4 | preceding his or her application, must have demonstrated | ||||||
5 | understanding of and adherence to standards of ethical conduct, | ||||||
6 | and must not have been affiliated with any political party | ||||||
7 | within the three years preceding appointment. To be eligible to | ||||||
8 | serve as a Commissioner, Special Commissioner for | ||||||
9 | Redistricting, or Reviewer, a person must (1) be a resident and | ||||||
10 | registered voter of the State for the four years preceding | ||||||
11 | appointment, (2) within the three years preceding appointment, | ||||||
12 | must not have been the holder of, or a candidate for, any | ||||||
13 | public office in the State, an employee or officer of the State | ||||||
14 | or a unit of local government or a political party, registered | ||||||
15 | as a lobbyist anywhere in the United States, or party to a | ||||||
16 | contract to provide goods or services to the State or a | ||||||
17 | principal, officer, or executive employee of such a contractor, | ||||||
18 | and (3) within the three years preceding appointment, must not | ||||||
19 | have resided with any person described in clause (2) of this | ||||||
20 | subsection. For 10 years after service as a Commissioner or | ||||||
21 | Special Commissioner, a person is ineligible to serve as a | ||||||
22 | Senator, Representative, officer of the Executive Branch, | ||||||
23 | judge, or associate judge of the State or an officer or | ||||||
24 | employee of the State whose appointment is subject to | ||||||
25 | confirmation by the Senate. A vacancy on the Commission or | ||||||
26 | Panel shall be filled within five days by an eligible applicant |
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1 | in the manner in which the office was previously filled; with | ||||||
2 | respect to the Commission, the replacement Commissioner shall | ||||||
3 | be drawn where possible from the remaining applicants | ||||||
4 | previously selected by the Panel. | ||||||
5 | (f) If the Commission fails to adopt and file with the | ||||||
6 | Secretary of State a redistricting plan by June 30 of the year | ||||||
7 | following a federal decennial census, the Chief Justice of the | ||||||
8 | Supreme Court and the most senior justice of the Supreme Court | ||||||
9 | who is not affiliated with the same political party as the | ||||||
10 | Chief Justice shall appoint jointly by July 31 a Special | ||||||
11 | Commissioner for Redistricting. The Special Commissioner shall | ||||||
12 | design and file with the Secretary of State by August 31 a | ||||||
13 | redistricting plan satisfying the requirements and criteria | ||||||
14 | set forth in subsection (a) and a report explaining its | ||||||
15 | compliance with this Constitution and the criteria applicable. | ||||||
16 | The Special Commissioner shall hold at least one public hearing | ||||||
17 | in the State before releasing his or her initial proposed | ||||||
18 | redistricting plan and at least one public hearing in a | ||||||
19 | different location in the State after releasing his or her | ||||||
20 | initial proposed redistricting plan and before filing the final | ||||||
21 | redistricting plan with the Secretary of State. The | ||||||
22 | redistricting plan shall have the force and effect of law and | ||||||
23 | shall be published promptly by the Secretary of State. | ||||||
24 | (g) The Supreme Court shall have original jurisdiction in | ||||||
25 | cases relating to matters under this Section. The Commission | ||||||
26 | shall have exclusive authority and shall be provided by the |
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1 | General Assembly adequate resources to defend any | ||||||
2 | redistricting plan adopted by the Commission. | ||||||
3 | (a) Legislative Districts shall be compact, contiguous and
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4 | substantially equal in population. Representative Districts | ||||||
5 | shall be compact,
contiguous, and substantially equal in | ||||||
6 | population.
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7 | (b) In the year following each Federal decennial census | ||||||
8 | year, the
General Assembly by law shall redistrict the | ||||||
9 | Legislative Districts and the
Representative Districts.
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10 | If no redistricting plan becomes effective by June 30 of | ||||||
11 | that year, a
Legislative Redistricting Commission shall be | ||||||
12 | constituted not later than
July 10. The Commission shall | ||||||
13 | consist of eight members, no more than
four of whom shall be | ||||||
14 | members of the same political party.
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15 | The Speaker and Minority Leader of the House of | ||||||
16 | Representatives shall
each appoint to the Commission one | ||||||
17 | Representative and one person who is
not a member of the | ||||||
18 | General Assembly. The President and Minority Leader
of the | ||||||
19 | Senate shall each appoint to the Commission one Senator and one
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20 | person who is not a member of the General Assembly.
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21 | The members shall be certified to the Secretary of State by | ||||||
22 | the
appointing authorities. A vacancy on the Commission shall | ||||||
23 | be filled
within five days by the authority that made the | ||||||
24 | original appointment. A
Chairman and Vice Chairman shall be | ||||||
25 | chosen by a majority of all members
of the Commission.
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26 | Not later than August 10, the Commission shall file with |
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1 | the
Secretary of State a redistricting plan approved by at | ||||||
2 | least five
members.
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3 | If the Commission fails to file an approved redistricting | ||||||
4 | plan, the
Supreme Court shall submit the names of two persons, | ||||||
5 | not of the same
political party, to the Secretary of State not | ||||||
6 | later than September 1.
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7 | Not later than September 5, the Secretary of State publicly | ||||||
8 | shall
draw by random selection the name of one of the two | ||||||
9 | persons to serve as
the ninth member of the Commission.
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10 | Not later than October 5, the Commission shall file with | ||||||
11 | the
Secretary of State a redistricting plan approved by at | ||||||
12 | least five
members.
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13 | An approved redistricting plan filed with the Secretary of | ||||||
14 | State
shall be presumed valid, shall have the force and effect | ||||||
15 | of law and
shall be published promptly by the Secretary of | ||||||
16 | State.
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17 | The Supreme Court shall have original and exclusive | ||||||
18 | jurisdiction over
actions concerning redistricting the House | ||||||
19 | and Senate, which shall be
initiated in the name of the People | ||||||
20 | of the State by the Attorney
General.
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21 | (Source: Amendment adopted at general election November 4, | ||||||
22 | 1980.)
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23 | SCHEDULE
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24 | This Constitutional Amendment takes effect upon being | ||||||
25 | declared adopted in accordance with Section 7 of the Illinois |
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1 | Constitutional Amendment Act.
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