093_HC0022 LRB093 14228 JAM 19742 e 1 HOUSE JOINT RESOLUTION 2 CONSTITUTIONAL AMENDMENT 3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 4 NINETY-THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE 5 SENATE CONCURRING HEREIN, that there shall be submitted to 6 the electors of the State for adoption or rejection at the 7 general election next occurring at least 6 months after the 8 adoption of this resolution a proposition to amend Sections 9 1, 2, and 3 of Article IV of the Illinois Constitution as 10 follows: 11 ARTICLE IV 12 THE LEGISLATURE 13 (ILCON Art. IV, Sec. 1) 14 SECTION 1. LEGISLATURE - POWER AND STRUCTURE 15 The legislative power is vested in a General Assembly 16 consisting of a Senate and a House of Representatives, 17 elected by the electors from 59 Legislative Districts and 39 18118Representative Districts. 19 (Source: Amendment adopted at general election November 4, 20 1980.) 21 (ILCON Art. IV, Sec. 2) 22 SECTION 2. LEGISLATIVE COMPOSITION 23 (a) One Senator shall be elected from each Legislative 24 District. Immediately following each decennial redistricting, 25 the General Assembly by law shall divide the Legislative 26 Districts as equally as possible into three groups. Senators 27 from one group shall be elected for terms of four years, four 28 years and two years; Senators from the second group, for 29 terms of four years, two years and four years; and Senators 30 from the third group, for terms of two years, four years and 31 four years. The Legislative Districts in each group shall be -2- LRB093 14228 JAM 19742 e 1 distributed substantially equally over the State. 2 (b) In 2006 and every two years thereafter, three 3 RepresentativesEach Legislative District shall be divided4into two Representative Districts. In 1982 and every two5years thereafter one Representativeshall be elected from 6 each Representative District for a term of two years. No 7 political party shall limit its nominations to less than 8 three candidates for Representatives in any Representative 9 District. In elections for Representatives, including those 10 for nomination, each elector may cast three votes for one 11 candidate or distribute them equally among no more than three 12 candidates. The candidates highest in votes shall be 13 declared elected. 14 (c) To be eligible to serve as a member of the General 15 Assembly, a person must be a United States citizen, at least 16 21 years old, and for the two years preceding his election or 17 appointment a resident of the district which he is to 18 represent. In the general election following a redistricting, 19 a candidate for the General Assembly may be elected from any 20 district which contains a part of the district in which he 21 resided at the time of the redistricting and reelected if a 22 resident of the new district he represents for 18 months 23 prior to reelection. 24 (d) Within thirty days after a vacancy occurs, it shall 25 be filled by appointment as provided by law. If the vacancy 26 is in a Senatorial office with more than twenty-eight months 27 remaining in the term, the appointed Senator shall serve 28 until the next general election, at which time a Senator 29 shall be elected to serve for the remainder of the term. If 30 the vacancy is in a Representative office or in any other 31 Senatorial office, the appointment shall be for the remainder 32 of the term. An appointee to fill a vacancy shall be a member 33 of the same political party as the person he succeeds. 34 (e) No member of the General Assembly shall receive -3- LRB093 14228 JAM 19742 e 1 compensation as a public officer or employee from any other 2 governmental entity for time during which he is in attendance 3 as a member of the General Assembly. 4 No member of the General Assembly during the term for 5 which he was elected or appointed shall be appointed to a 6 public office which shall have been created or the 7 compensation for which shall have been increased by the 8 General Assembly during that term. 9 (Source: Amendment adopted at general election November 4, 10 1980.) 11 (ILCON Art. IV, Sec. 3) 12 SECTION 3. LEGISLATIVE REDISTRICTING 13 (a) Legislative Districts shall be compact, contiguous 14 and substantially equal in population. Representative 15 Districts shall be compact, contiguous, and substantially 16 equal in population. 17 (b) In 2005, the General Assembly by law shall 18 redistrict the Representative Districts using the 2000 19 Federal decennial census. Thereafter, in the year following 20 each Federal decennial census year, the General Assembly by 21 law shall redistrict the Legislative Districts and the 22 Representative Districts. 23 If no redistricting plan becomes effective by June 30 of 24 that year, a Legislative Redistricting Commission shall be 25 constituted not later than July 10. The Commission shall 26 consist of eight members, no more than four of whom shall be 27 members of the same political party. 28 The Speaker and Minority Leader of the House of 29 Representatives shall each appoint to the Commission one 30 Representative and one person who is not a member of the 31 General Assembly. The President and Minority Leader of the 32 Senate shall each appoint to the Commission one Senator and 33 one person who is not a member of the General Assembly. -4- LRB093 14228 JAM 19742 e 1 The members shall be certified to the Secretary of State 2 by the appointing authorities. A vacancy on the Commission 3 shall be filled within five days by the authority that made 4 the original appointment. A Chairman and Vice Chairman shall 5 be chosen by a majority of all members of the Commission. 6 Not later than August 10, the Commission shall file with 7 the Secretary of State a redistricting plan approved by at 8 least five members. 9 If the Commission fails to file an approved redistricting 10 plan, the Supreme Court shall submit the names of two 11 persons, not of the same political party, to the Secretary of 12 State not later than September 1. 13 Not later than September 5, the Secretary of State 14 publicly shall draw by random selection the name of one of 15 the two persons to serve as the ninth member of the 16 Commission. 17 Not later than October 5, the Commission shall file with 18 the Secretary of State a redistricting plan approved by at 19 least five members. 20 An approved redistricting plan filed with the Secretary 21 of State shall be presumed valid, shall have the force and 22 effect of law and shall be published promptly by the 23 Secretary of State. 24 The Supreme Court shall have original and exclusive 25 jurisdiction over actions concerning redistricting the House 26 and Senate, which shall be initiated in the name of the 27 People of the State by the Attorney General. 28 (Source: Amendment adopted at general election November 4, 29 1980.) 30 SCHEDULE 31 This Constitutional Amendment takes effect upon being 32 declared adopted in accordance with Section 7 of the Illinois 33 Constitutional Amendment Act and applies to the election of -5- LRB093 14228 JAM 19742 e 1 Representatives in 2006 and thereafter.