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Full Text of HJRCA0049  96th General Assembly

HC0049 96TH GENERAL ASSEMBLY

 


 
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0049

 

Introduced , by Rep. Sidney H. Mathias

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. IV, Sec. 3

    Proposes to amend the Legislature Article of the Illinois Constitution. Provides that the State Board of Elections shall produce a redistricting plan using a computer program. In the year following each Federal decennial census year, requires the State Board of Elections to designate its computer program by April 15 and to file the redistricting plan by June 1, which is presumed valid and has the force and effect of law. The computer program designated by the State Board of Elections must disregard specified data and must consider certain prioritized factors; the computer program shall otherwise produce districts in a random manner. Effective beginning with redistricting in 2011 and applies to members elected in 2012 and thereafter.


LRB096 15845 RCE 31087 e

 

 

A BILL FOR

 

HC0049 LRB096 15845 RCE 31087 e

1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3     RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4 NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5 SENATE 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:
 
10
ARTICLE IV
11
THE LEGISLATURE

12     (ILCON Art. IV, Sec. 3)
13 SECTION 3. LEGISLATIVE REDISTRICTING
14     (a) Legislative Districts shall be compact, contiguous and
15 substantially equal in population. Representative Districts
16 shall be compact, contiguous, and substantially equal in
17 population.
18     (b) By April 15 of the year following each Federal
19 decennial census year, the State Board of Elections, by a
20 record vote of a majority of the total number of members
21 authorized by law as provided in Section 5 of Article III,
22 shall designate a computer program for redistricting the
23 Legislative Districts and Representative Districts that meets

 

 

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1 the requirements of this Section. The designation shall include
2 detailed specifications of the computer program.
3     Any computer program designated by the State Board of
4 Elections under this Section shall embody the following
5 standards and criteria, as defined by Common Law, in this order
6 of priority:
7         (1) contiguity;
8         (2) substantial equality of population;
9         (3) compactness;
10         (4) minimization of the number of districts that cross
11     county or municipal boundaries; and
12         (5) a fair reflection of minority voting strength.
13 Any computer program designated by the State Board of Elections
14 under this Section shall not consider the following data:
15         (1) residency of incumbent legislators;
16         (2) political affiliations of registered voters;
17         (3) previous election results; and
18         (4) demographic information not required to be used by
19     this Section or by the United States Constitution or
20     federal law.
21 Except as specified in this Section, the computer program shall
22 produce districts in a random manner.
23      (c) (b) In the year following each Federal decennial
24 census year, the State Board of Elections General Assembly by
25 law shall redistrict the Legislative Districts and the
26 Representative Districts using the computer program designated

 

 

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1 under subsection (b). The Board shall file such computer
2 generated plan with the Secretary of State no later than June 1
3 of the year following the Federal decennial census year.
4     (d) The State Board of Elections shall designate a computer
5 program under subsection (b) and shall approve a plan under
6 subsection (c) at public meetings. The Board shall give
7 reasonable and adequate advance notice of those meetings.
8     If no redistricting plan becomes effective by June 30 of
9 that year, a Legislative Redistricting Commission shall be
10 constituted not later than July 10. The Commission shall
11 consist of eight members, no more than four of whom shall be
12 members of the same political party.
13     The Speaker and Minority Leader of the House of
14 Representatives shall each appoint to the Commission one
15 Representative and one person who is not a member of the
16 General Assembly. The President and Minority Leader of the
17 Senate shall each appoint to the Commission one Senator and one
18 person who is not a member of the General Assembly.
19     The members shall be certified to the Secretary of State by
20 the appointing authorities. A vacancy on the Commission shall
21 be filled within five days by the authority that made the
22 original appointment. A Chairman and Vice Chairman shall be
23 chosen by a majority of all members of the Commission.
24     Not later than August 10, the Commission shall file with
25 the Secretary of State a redistricting plan approved by at
26 least five members.

 

 

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1     If the Commission fails to file an approved redistricting
2 plan, the Supreme Court shall submit the names of two persons,
3 not of the same political party, to the Secretary of State not
4 later than September 1.
5     Not later than September 5, the Secretary of State publicly
6 shall draw by random selection the name of one of the two
7 persons to serve as the ninth member of the Commission.
8     Not later than October 5, the Commission shall file with
9 the Secretary of State a redistricting plan approved by at
10 least five members.
11     (e) An approved redistricting plan filed with the Secretary
12 of State shall be presumed valid, shall have the force and
13 effect of law and shall be published promptly by the Secretary
14 of State.
15     (f) The Supreme Court shall have original and exclusive
16 jurisdiction over actions concerning redistricting the House
17 and Senate, which shall be initiated in the name of the People
18 of the State by the Attorney General.
19 (Source: Amendment adopted at general election November 4,
20 1980.)
 
21
SCHEDULE
22     This Constitutional Amendment takes effect beginning with
23 redistricting in 2011 and applies to the election of members of
24 the General Assembly in 2012 and thereafter.