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1 | SENATE JOINT RESOLUTION
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2 | CONSTITUTIONAL AMENDMENT
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3 | RESOLVED, BY THE SENATE OF THE ONE HUNDREDTH GENERAL | |||||||||||||||||||
4 | ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES | |||||||||||||||||||
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 comprising 11 | |||||||||||||||||||
15 | Commissioners shall adopt and file with the Secretary of State | |||||||||||||||||||
16 | a redistricting plan for Legislative Districts and | |||||||||||||||||||
17 | Representative Districts by June 30 of the year following each | |||||||||||||||||||
18 | Federal decennial census. Legislative Districts shall be | |||||||||||||||||||
19 | contiguous and substantially equal in population. | |||||||||||||||||||
20 | Representative Districts shall be contiguous and substantially | |||||||||||||||||||
21 | equal in population. The redistricting plan shall comply with | |||||||||||||||||||
22 | Federal law. Subject to the foregoing, the Commission shall | |||||||||||||||||||
23 | apply the following criteria: (1) the redistricting plan shall |
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1 | not dilute or diminish the ability of a racial or language | ||||||
2 | minority community to elect the candidates of its choice, | ||||||
3 | including when voting in concert with other persons; (2) the | ||||||
4 | redistricting plan shall respect the geographic integrity of | ||||||
5 | units of local government; and (3) the redistricting plan shall | ||||||
6 | respect the geographic integrity of communities sharing common | ||||||
7 | social and economic interests, which do not include | ||||||
8 | relationships with political parties or candidates for office. | ||||||
9 | The redistricting plan shall not either intentionally or unduly | ||||||
10 | discriminate against or intentionally or unduly favor any | ||||||
11 | political party, political group, or particular person. In | ||||||
12 | designing the redistricting plan, the Commission shall | ||||||
13 | consider party registration and voting history data only to | ||||||
14 | assess compliance with the requirements in this subsection (a). | ||||||
15 | (b) For the purpose of conducting the Commissioner | ||||||
16 | selection process, an Applicant Review Panel comprising three | ||||||
17 | Reviewers shall be chosen in the manner set forth in this | ||||||
18 | subsection (b). Beginning not later than January 1 and ending | ||||||
19 | not later than March 1 of the year in which the Federal | ||||||
20 | decennial census occurs, the Auditor General shall request and | ||||||
21 | accept applications to serve as a Reviewer. The Auditor General | ||||||
22 | shall review all applications and select a pool of 30 potential | ||||||
23 | Reviewers. The Auditor General should select applicants for the | ||||||
24 | pool of potential Reviewers who would operate in an ethical and | ||||||
25 | non-partisan manner by considering whether each applicant is a | ||||||
26 | resident and registered voter of the State and has been for the |
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1 | four years preceding his or her application, has demonstrated | ||||||
2 | understanding of and adherence to standards of ethical conduct, | ||||||
3 | and has been unaffiliated with any political party for the | ||||||
4 | three years preceding appointment. By March 31 of the year in | ||||||
5 | which the Federal decennial census occurs, the Auditor General | ||||||
6 | shall publicly select by random draw the Panel of three | ||||||
7 | Reviewers from the pool of potential Reviewers. | ||||||
8 | (c) Beginning not later than January 1 and ending not later | ||||||
9 | than March 1 of the year in which the Federal decennial census | ||||||
10 | occurs, the Auditor General shall request and accept | ||||||
11 | applications to serve as a Commissioner on the Independent | ||||||
12 | Redistricting Commission. By May 31, the Panel shall select a | ||||||
13 | pool of 100 potential Commissioners. The Panel should select | ||||||
14 | applicants for the pool of potential Commissioners who would be | ||||||
15 | diverse and unaffected by conflicts of interest by considering | ||||||
16 | whether each applicant is a resident and registered voter of | ||||||
17 | the State and has been for the four years preceding his or her | ||||||
18 | application, as well as each applicant's prior political | ||||||
19 | experience, relevant analytical skills, ability to contribute | ||||||
20 | to a fair redistricting process, and ability to represent the | ||||||
21 | demographic and geographic diversity of the State. The Panel | ||||||
22 | shall act by affirmative vote of two Reviewers. All records of | ||||||
23 | the Panel, including applications to serve on the Panel, shall | ||||||
24 | be open for public inspection, except private information about | ||||||
25 | applicants for which there is no compelling public interest in | ||||||
26 | disclosure. |
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1 | (d) Not later than June 30, the Panel shall publicly select | ||||||
2 | seven Commissioners by random draw from the remaining pool of | ||||||
3 | potential Commissioners; of those seven Commissioners, | ||||||
4 | including any replacements, (1) the seven Commissioners shall | ||||||
5 | reside among the Judicial Districts in the same proportion as | ||||||
6 | the number of Judges elected therefrom under Section 3 of | ||||||
7 | Article VI of this Constitution, (2) two Commissioners shall be | ||||||
8 | affiliated with the political party whose candidate for | ||||||
9 | Governor received the most votes cast in the last general | ||||||
10 | election for Governor, two Commissioners shall be affiliated | ||||||
11 | with the political party whose candidate for Governor received | ||||||
12 | the second-most votes cast in such election and the remaining | ||||||
13 | three Commissioners shall not be affiliated with either such | ||||||
14 | political party, and (3) no more than two Commissioners may be | ||||||
15 | affiliated with the same political party. A vacancy on the | ||||||
16 | Panel or Commission shall be filled within five days by a | ||||||
17 | potential Reviewer or potential Commissioner from among the | ||||||
18 | applicants remaining in the pool of potential Reviewers or | ||||||
19 | potential Commissioners, respectively, in the manner in which | ||||||
20 | the office was previously filled. | ||||||
21 | (e) The Commission shall act in public meetings by | ||||||
22 | affirmative vote of four Commissioners, except that approval of | ||||||
23 | any redistricting plan shall require the affirmative vote of at | ||||||
24 | least (1) five Commissioners total, (2) one Commissioners from | ||||||
25 | each political party whose candidate for Governor received the | ||||||
26 | most and second-most votes cast in the last general election |
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1 | for Governor, and (3) two Commissioners not affiliated with | ||||||
2 | either such political party. The Commission shall elect its | ||||||
3 | chairperson and vice chairperson, who shall not be affiliated | ||||||
4 | with the same political party. Four Commissioners shall | ||||||
5 | constitute a quorum. All meetings of the Commission attended by | ||||||
6 | a quorum, except for meetings qualified under attorney-client | ||||||
7 | privilege, shall be open to the public and publicly noticed at | ||||||
8 | least two days prior to the meeting. All records of the | ||||||
9 | Commission, including communications between Commissioners | ||||||
10 | regarding the Commission's work, shall be open for public | ||||||
11 | inspection, except for records qualified under attorney-client | ||||||
12 | privilege. The Commission shall adopt rules governing its | ||||||
13 | procedure, public hearings, and the implementation of matters | ||||||
14 | under this Section. The Commission shall hold public hearings | ||||||
15 | throughout the State both before and after releasing the | ||||||
16 | initial proposed redistricting plan. The Commission may not | ||||||
17 | adopt a final redistricting plan unless the plan to be adopted | ||||||
18 | without further amendment, and a report explaining its | ||||||
19 | compliance with this Constitution, have been publicly noticed | ||||||
20 | at least seven days before the final vote on such plan. | ||||||
21 | (f) If the Commission fails to adopt and file with the | ||||||
22 | Secretary of State a redistricting plan by June 30 of the year | ||||||
23 | following a Federal decennial census, the Chief Justice of the | ||||||
24 | Supreme Court and the most senior Judge of the Supreme Court | ||||||
25 | who is not affiliated with the same political party as the | ||||||
26 | Chief Justice shall appoint jointly by July 31 a Special |
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1 | Commissioner for Redistricting. The Special Commissioner shall | ||||||
2 | adopt and file with the Secretary of State by August 31 a | ||||||
3 | redistricting plan satisfying the requirements set forth in | ||||||
4 | subsection (a) of this Section and a report explaining its | ||||||
5 | compliance with this Constitution. The Special Commissioner | ||||||
6 | shall hold at least one public hearing in the State before | ||||||
7 | releasing his or her initial proposed redistricting plan and at | ||||||
8 | least one public hearing in a different location in the State | ||||||
9 | after releasing his or her initial proposed redistricting plan, | ||||||
10 | and before filing the final redistricting plan with the | ||||||
11 | Secretary of State. All records of the Special Commissioner | ||||||
12 | shall be open for public inspection, except for records | ||||||
13 | qualified under attorney-client privilege. | ||||||
14 | (g) An adopted redistricting plan filed with the Secretary | ||||||
15 | of State shall be presumed valid and shall be published | ||||||
16 | promptly by the Secretary of State. | ||||||
17 | (h) The Supreme Court shall have original jurisdiction in | ||||||
18 | cases relating to matters under this Section. | ||||||
19 | (a) Legislative Districts shall be compact, contiguous and
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20 | substantially equal in population. Representative Districts | ||||||
21 | shall be compact,
contiguous, and substantially equal in | ||||||
22 | population.
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23 | (b) In the year following each Federal decennial census | ||||||
24 | year, the
General Assembly by law shall redistrict the | ||||||
25 | Legislative Districts and the
Representative Districts.
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26 | If no redistricting plan becomes effective by June 30 of |
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1 | that year, a
Legislative Redistricting Commission shall be | ||||||
2 | constituted not later than
July 10. The Commission shall | ||||||
3 | consist of eight members, no more than
four of whom shall be | ||||||
4 | members of the same political party.
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5 | The Speaker and Minority Leader of the House of | ||||||
6 | Representatives shall
each appoint to the Commission one | ||||||
7 | Representative and one person who is
not a member of the | ||||||
8 | General Assembly. The President and Minority Leader
of the | ||||||
9 | Senate shall each appoint to the Commission one Senator and one
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10 | person who is not a member of the General Assembly.
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11 | The members shall be certified to the Secretary of State by | ||||||
12 | the
appointing authorities. A vacancy on the Commission shall | ||||||
13 | be filled
within five days by the authority that made the | ||||||
14 | original appointment. A
Chairman and Vice Chairman shall be | ||||||
15 | chosen by a majority of all members
of the Commission.
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16 | Not later than August 10, the Commission shall file with | ||||||
17 | the
Secretary of State a redistricting plan approved by at | ||||||
18 | least five
members.
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19 | If the Commission fails to file an approved redistricting | ||||||
20 | plan, the
Supreme Court shall submit the names of two persons, | ||||||
21 | not of the same
political party, to the Secretary of State not | ||||||
22 | later than September 1.
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23 | Not later than September 5, the Secretary of State publicly | ||||||
24 | shall
draw by random selection the name of one of the two | ||||||
25 | persons to serve as
the ninth member of the Commission.
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26 | Not later than October 5, 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 | An approved redistricting plan filed with the Secretary of | ||||||
4 | State
shall be presumed valid, shall have the force and effect | ||||||
5 | of law and
shall be published promptly by the Secretary of | ||||||
6 | State.
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7 | The Supreme Court shall have original and exclusive | ||||||
8 | jurisdiction over
actions concerning redistricting the House | ||||||
9 | and Senate, which shall be
initiated in the name of the People | ||||||
10 | of the State by the Attorney
General.
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11 | (Source: Amendment adopted at general election November 4, | ||||||
12 | 1980.)
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13 | SCHEDULE
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14 | This Constitutional Amendment takes effect beginning with | ||||||
15 | redistricting in 2021 and applies to the election of members of | ||||||
16 | the General Assembly in 2022 and thereafter.
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