| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning elections.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the No | |||||||||||||||||||
5 | Representation Without Population Act. | |||||||||||||||||||
6 | Section 3. Definition. As used in this Act, "Department" | |||||||||||||||||||
7 | means the Department of Corrections. | |||||||||||||||||||
8 | Section 5. Electronic records. The Department shall | |||||||||||||||||||
9 | collect and maintain an electronic record of the legal | |||||||||||||||||||
10 | residence, outside of any correctional facility, and other | |||||||||||||||||||
11 | demographic data for each person entering its custody after | |||||||||||||||||||
12 | January 1, 2019. At a minimum, this record shall contain the | |||||||||||||||||||
13 | person's last known complete street address prior to | |||||||||||||||||||
14 | incarceration, the person's race, whether the person is of | |||||||||||||||||||
15 | Hispanic or Latino origin, and whether the person is 18 years | |||||||||||||||||||
16 | of age or older. To the degree possible, the Department shall | |||||||||||||||||||
17 | also allow the legal residence to be updated as appropriate. | |||||||||||||||||||
18 | Section 10. Reports to the Secretary of State. | |||||||||||||||||||
19 | (a) In each year where the federal decennial census is | |||||||||||||||||||
20 | taken but in which the United States Bureau of the Census | |||||||||||||||||||
21 | allocates incarcerated persons as residents of correctional |
| |||||||
| |||||||
1 | facilities, the Department shall by May 1 of that same year | ||||||
2 | deliver to the Secretary of State the following information: | ||||||
3 | (1) A unique identifier, not including the name or | ||||||
4 | Department-assigned inmate number, for each incarcerated | ||||||
5 | person subject to the jurisdiction of the Department on the | ||||||
6 | date for which the decennial census reports population. The | ||||||
7 | unique identifier shall enable the Secretary of State to | ||||||
8 | address inquiries about specific address records to the | ||||||
9 | Department, without making it possible for anyone outside | ||||||
10 | of the Department to identify the inmate to whom the | ||||||
11 | address record pertains. | ||||||
12 | (2) The street address of the correctional facility | ||||||
13 | where the person was incarcerated at the time of the | ||||||
14 | report. | ||||||
15 | (3) The last known address of the person prior to | ||||||
16 | incarceration or other legal residence, if known. | ||||||
17 | (4) The person's race, whether the person is of | ||||||
18 | Hispanic or Latino origin, and whether the person is age 18 | ||||||
19 | or older, if known. | ||||||
20 | (5) Any additional information as the Secretary of | ||||||
21 | State may request pursuant to law. | ||||||
22 | (b) The Department shall provide the information specified | ||||||
23 | in subsection (a) in the form that the Secretary of State shall | ||||||
24 | specify. | ||||||
25 | (c) Notwithstanding any other provision of law, the | ||||||
26 | information required to be provided to the Secretary of State |
| |||||||
| |||||||
1 | pursuant to this Section shall not include the name of any | ||||||
2 | incarcerated person and shall not allow for the identification | ||||||
3 | of any person therefrom, except to the Department. The | ||||||
4 | information shall be treated as confidential and shall not be | ||||||
5 | disclosed by the Secretary of State except as redistricting | ||||||
6 | data aggregated by census block for purposes specified in | ||||||
7 | Section 20. | ||||||
8 | Section 15. Federal facilities. The Secretary of State | ||||||
9 | shall request each agency that operates a federal facility in | ||||||
10 | this State that incarcerates persons convicted of a criminal | ||||||
11 | offense to provide the Secretary of State with a report that | ||||||
12 | includes the information listed in subsection (a) of Section | ||||||
13 | 10. | ||||||
14 | Section 20. Secretary of State; redistricting data. The | ||||||
15 | Secretary of State shall prepare redistricting population data | ||||||
16 | to reflect incarcerated persons at their residential address, | ||||||
17 | pursuant to Section 25. The data prepared by the Secretary of | ||||||
18 | State shall be the basis of the Legislative and Representative | ||||||
19 | Districts required to be created pursuant to Section 3 of | ||||||
20 | Article IV of the Illinois Constitution of 1970. Incarcerated | ||||||
21 | populations residing at unknown geographic locations within | ||||||
22 | the State, as determined under paragraph (2) of subsection (c) | ||||||
23 | of Section 25, shall not be used to determine the ideal | ||||||
24 | population of any set of districts, wards, or precincts. |
| |||||||
| |||||||
1 | Section 25. Determinations and data publication by the | ||||||
2 | Secretary of State. | ||||||
3 | (a) For each person included in a report received under | ||||||
4 | Sections 10 and 15, the Secretary of State shall determine the | ||||||
5 | geographic units for which population counts are reported in | ||||||
6 | the federal decennial census that contain the facility of | ||||||
7 | incarceration and the legal residence as listed according to | ||||||
8 | the report. | ||||||
9 | (b) For each person included in a report received under | ||||||
10 | Sections 10 and 15, if the legal residence is known and in this | ||||||
11 | State, the Secretary of State shall: | ||||||
12 | (1) ensure that the person is not represented in any | ||||||
13 | population counts reported by the Secretary of State for | ||||||
14 | the geographic units that include the facility where the | ||||||
15 | person was incarcerated, unless that geographic unit also | ||||||
16 | includes the person's legal residence; and | ||||||
17 | (2) ensure that any population counts reported by the | ||||||
18 | Secretary of State reflect the person's residential | ||||||
19 | address as reported under Sections 10 and 15. | ||||||
20 | (c) For each person included in a report received under | ||||||
21 | Sections 10 and 15 for whom a legal residence is unknown or not | ||||||
22 | in this State and for all persons reported in the census as | ||||||
23 | residing in a federal correctional facility for whom a report | ||||||
24 | was not provided, the Secretary of State shall: | ||||||
25 | (1) ensure that the person is not represented in any |
| |||||||
| |||||||
1 | population counts reported by the Secretary of State for | ||||||
2 | the geographic units that include the facility where the | ||||||
3 | person was incarcerated; and | ||||||
4 | (2) allocate the person to a State unit not tied to a | ||||||
5 | specific determined geographic location, as other State | ||||||
6 | residents with unknown State addresses are allocated. | ||||||
7 | (d) The data prepared by the Secretary of State pursuant to | ||||||
8 | this Section shall be completed and published no later than 30 | ||||||
9 | days after the date that federal decennial census data required | ||||||
10 | to be published by Public Law 94-171 is published for the State | ||||||
11 | of Illinois. | ||||||
12 | Section 30. Data; Legislative and Representative | ||||||
13 | Districts. The data prepared by the Secretary of State in | ||||||
14 | Section 25 shall be used only as the basis for determining | ||||||
15 | Legislative and Representative Districts. Residences at | ||||||
16 | unknown geographic locations within the State under subsection | ||||||
17 | (c) of Section 25 shall not be used to determine the ideal | ||||||
18 | population of any set of districts, wards, or precincts. The | ||||||
19 | data prepared by the Secretary of State in Section 25 shall not | ||||||
20 | be used in the distribution of any State or federal aid. | ||||||
21 | Section 97. Severability. The provisions of this Act are | ||||||
22 | severable under Section 1.31 of the Statute on Statutes.
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|