Bill Text: IL SB0910 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Counties Code. Provides that when a county board creates or modifies the apportionment of districts in the county, each district shall also (i) provide racial minorities or language minorities with equal opportunity to participate in the political process and elect candidates of their choice; (ii) provide racial minorities or language minorities who constitute less than a voting-age majority of a district with an opportunity to substantially influence the outcome of an election; and (iii) shall not discriminate against or in favor of any political party or individual.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Enrolled) 2017-05-31 - Passed Both Houses [SB0910 Detail]

Download: Illinois-2017-SB0910-Enrolled.html



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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Voting Rights Act of 2011 is
5amended by adding Section 5-15 as follows:
6 (10 ILCS 120/5-15 new)
7 Sec. 5-15. County apportionment.
8 (a) An apportionment plan pursuant to Section 2-3003 of the
9Counties Code shall provide racial minorities or language
10minorities with equal opportunity to participate in the
11political process and elect candidates of their choice.
12 (b) An apportionment plan pursuant to Section 2-3003 of the
13Counties Code shall provide racial minorities or language
14minorities who constitute less than a voting-age majority of a
15district with an opportunity to substantially influence the
16outcome of an election.
17 (c) To the extent practicable, districts shall be drawn to
18create crossover districts, coalition districts, or influence
19districts.
20 (d) The requirements imposed by this Section are in
21addition and subordinate to any requirements or obligations
22imposed by the United States Constitution; any federal law,
23including, but not limited to, the federal Voting Rights Act;

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1and the Illinois Constitution.
2 Section 10. The Counties Code is amended by changing
3Section 2-3003 as follows:
4 (55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)
5 Sec. 2-3003. Apportionment plan.
6 (1) If the county board determines that members shall be
7elected by districts, it shall develop an apportionment plan
8and specify the number of districts and the number of county
9board members to be elected from each district and whether
10voters will have cumulative voting rights in multi-member
11districts. Each such district:
12 a. Shall be substantially equal in population to each
13 other district;
14 b. Shall be comprised of contiguous territory, as
15 nearly compact as practicable; and
16 c. May divide townships or municipalities only when
17 necessary to conform to the population requirement of
18 paragraph a. of this Section; .
19 d. Shall be created in such a manner so that no
20 precinct shall be divided between 2 or more districts,
21 insofar as is practicable; and .
22 e. Shall comply with Section 5-15 of the Illinois
23 Voting Rights Act of 2011.
24 (2) The county board of each county having a population of

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1less than 3,000,000 inhabitants may, if it should so decide,
2provide within that county for single member districts outside
3the corporate limits and multi-member districts within the
4corporate limits of any municipality with a population in
5excess of 75,000. Paragraphs a, b, c, and d, and e of
6subsection (1) of this Section shall apply to the apportionment
7of both single and multi-member districts within a county to
8the extent that compliance with paragraphs a, b, c, and d, and
9e still permit the establishment of such districts, except that
10the population of any multi-member district shall be equal to
11the population of any single member district, times the number
12of members found within that multi-member district.
13 (3) In a county where the Chairman of the County Board is
14elected by the voters of the county as provided in Section
152-3007, the Chairman of the County Board may develop and
16present to the Board by the third Wednesday in May in the year
17after a federal decennial census year an apportionment plan in
18accordance with the provisions of subsection (1) of this
19Section. If the Chairman presents a plan to the Board by the
20third Wednesday in May, the Board shall conduct at least one
21public hearing to receive comments and to discuss the
22apportionment plan, the hearing shall be held at least 6 days
23but not more than 21 days after the Chairman's plan was
24presented to the Board, and the public shall be given notice of
25the hearing at least 6 days in advance. If the Chairman
26presents a plan by the third Wednesday in May, the Board is

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1prohibited from enacting an apportionment plan until after a
2hearing on the plan presented by the Chairman. The Chairman
3shall have access to the federal decennial census available to
4the Board.
5 (4) In a county where a County Executive is elected by the
6voters of the county as provided in Section 2-5007 of the
7Counties Code, the County Executive may develop and present to
8the Board by the third Wednesday in May in the year after a
9federal decennial census year an apportionment plan in
10accordance with the provisions of subsection (1) of this
11Section. If the Executive presents a plan to the Board by the
12third Wednesday in May, the Board shall conduct at least one
13public hearing to receive comments and to discuss the
14apportionment plan, the hearing shall be held at least 6 days
15but not more than 21 days after the Executive's plan was
16presented to the Board, and the public shall be given notice of
17the hearing at least 6 days in advance. If the Executive
18presents a plan by the third Wednesday in May, the Board is
19prohibited from enacting an apportionment plan until after a
20hearing on the plan presented by the Executive. The Executive
21shall have access to the federal decennial census available to
22the Board.
23(Source: P.A. 96-1540, eff. 3-7-11; 97-986, eff. 8-17-12.)
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