Full Text of HJRCA0058 99th General Assembly
HC0058ham003 99TH GENERAL ASSEMBLY |
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| 1 | | AMENDMENT TO HOUSE JOINT RESOLUTION
| 2 | | CONSTITUTIONAL AMENDMENT 58
| 3 | | AMENDMENT NO. ___. Amend House Joint Resolution | 4 | | Constitutional Amendment 58 by replacing everything after the | 5 | | heading with the following:
| 6 | | "RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 7 | | NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 8 | | SENATE CONCURRING HEREIN, that there shall be submitted to the | 9 | | electors of the State for adoption or rejection at the general | 10 | | election next occurring at least 6 months after the adoption of | 11 | | this resolution a proposition to amend Article IV of the | 12 | | Illinois Constitution by changing Sections 2 and 3 as follows:
| 13 | | ARTICLE IV
| 14 | | THE LEGISLATURE
| 15 | | (ILCON Art. IV, Sec. 2)
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| 1 | | SECTION 2. LEGISLATIVE COMPOSITION
| 2 | | (a) One Senator shall be elected from each Legislative | 3 | | District.
Immediately following each decennial redistricting, | 4 | | the General Assembly
by law shall divide the Legislative | 5 | | Districts as equally as possible
into three groups. Senators | 6 | | from one group shall be elected for terms of
four years, four | 7 | | years and two years; Senators from the second group,
for terms | 8 | | of four years, two years and four years; and Senators from the
| 9 | | third group, for terms of two years, four years and four years. | 10 | | The
Legislative Districts in each group shall be distributed | 11 | | substantially
equally over the State.
| 12 | | (b) Each Legislative District shall be divided into two | 13 | | Representative
Districts. In 1982 and every two years | 14 | | thereafter one Representative shall
be elected from each | 15 | | Representative District for a term of two years.
| 16 | | (c) To be eligible to serve as a member of the General | 17 | | Assembly, a
person must be a United States citizen, at least 21 | 18 | | years old, and for
the two years preceding his election or | 19 | | appointment a resident of the
district which he is to | 20 | | represent. In the general election following a
redistricting, a | 21 | | candidate for the General Assembly may be elected from
any | 22 | | district which contains a part of the district in which he | 23 | | resided
at the time of the redistricting and reelected if a | 24 | | resident of the new
district he represents for 18 months prior | 25 | | to reelection.
| 26 | | (d) Within thirty days after a vacancy occurs, it shall be |
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| 1 | | filled by
appointment as provided by law. If the vacancy is in | 2 | | a Senatorial office
with more than twenty-eight months | 3 | | remaining in the term, the appointed
Senator shall serve until | 4 | | the next general election, at which time a
Senator shall be | 5 | | elected to serve for the remainder of the term. If the
vacancy | 6 | | is in a Representative office or in any other Senatorial | 7 | | office,
the appointment shall be for the remainder of the term. | 8 | | An appointee to
fill a vacancy shall be a member of the same | 9 | | political party as the
person he succeeds.
| 10 | | (e) No member of the General Assembly shall receive | 11 | | compensation as
a public officer or employee from any other | 12 | | governmental entity for time
during which he is in attendance | 13 | | as a member of the General Assembly.
| 14 | | No member of the General Assembly during the term for which | 15 | | he was
elected or appointed shall be appointed to a public | 16 | | office which shall
have been created or the compensation for | 17 | | which shall have been
increased by the General Assembly during | 18 | | that term.
| 19 | | (Source: Amendment adopted at general election November 4, | 20 | | 1980.)
| 21 | | (ILCON Art. IV, Sec. 3)
| 22 | | SECTION 3. LEGISLATIVE REDISTRICTING | 23 | | (a) Legislative Districts and Representative Districts | 24 | | shall each, in order of priority, be substantially equal in | 25 | | population; provide racial minorities and language minorities |
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| 1 | | with the equal opportunity to participate in the political | 2 | | process and elect candidates of their choice; provide racial | 3 | | minorities and language minorities who constitute less than a | 4 | | voting-age majority of a District with an opportunity to | 5 | | substantially influence the outcome of an election; be | 6 | | contiguous; be compact; respect, to the extent practical, | 7 | | geographic integrity of units of local government; respect, to | 8 | | the extent practical, communities sharing common social or | 9 | | economic interests; and not discriminate against or in favor of | 10 | | any political party or individual. | 11 | | (b) No later than June 30 of the year in which each Federal | 12 | | decennial census occurs, the Chief Justice and the most senior | 13 | | Justice of the Supreme Court who is not affiliated with the | 14 | | same political party as the Chief Justice shall select eight | 15 | | commissioners to an Independent Redistricting Commission. | 16 | | Commissioners must reflect the ethnic, gender, and racial | 17 | | demographics of Illinois, and there must be at least one | 18 | | commissioner from each Judicial District. | 19 | | (c) A person is ineligible to serve on the Commission if | 20 | | within the previous four calendar years the person or his or | 21 | | her spouse or immediate family member was appointed or elected | 22 | | to a position with the State or local government, a State | 23 | | employee, a lobbyist as defined by law, a person with an | 24 | | ownership interest in an entity with a state contract, or | 25 | | appointed or elected to serve a political party. A commissioner | 26 | | is ineligible for a period of ten years to serve in the General |
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| 1 | | Assembly or to be appointed to a position subject to Senate | 2 | | confirmation. Commissioners must file financial disclosure | 3 | | statements and abide by any ethics requirements established by | 4 | | law. | 5 | | (d) The Commission shall act in public meetings by | 6 | | affirmative vote of five commissioners. The Commission shall | 7 | | elect its chairperson and vice chairperson, who shall not be | 8 | | affiliated with the same political party. All meetings of the | 9 | | Commission shall be open to the public and publicly noticed at | 10 | | least seven days prior to the meeting. All records of the | 11 | | Commission, including all communications to or from the | 12 | | Commission regarding the work of the Commission, shall be | 13 | | available for public inspection. The Commission shall adopt | 14 | | rules governing its procedures. | 15 | | (e) The Commission shall hold at least fifteen public | 16 | | hearings throughout the State before adopting any | 17 | | redistricting plan, with a majority occurring before the | 18 | | Commission releases any proposed redistricting plan and at | 19 | | least five occurring after the release of any proposed | 20 | | redistricting plan. The Commission may not adopt a | 21 | | redistricting plan until the Commission adopts a report | 22 | | explaining its compliance with the United States and Illinois | 23 | | Constitutions. Prior to the adoption of a redistricting plan, | 24 | | the Commission shall release to the public the final plan and | 25 | | its associated compliance report. The meeting to vote on | 26 | | adoption of a redistricting plan shall occur no sooner than |
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| 1 | | seven days after the release of the final plan and its | 2 | | associated compliance report. | 3 | | (f) The Commission shall adopt and file with the Secretary | 4 | | of State a redistricting plan for the Legislative Districts and | 5 | | Representative Districts by June 30 of the year following the | 6 | | Federal decennial census. The Commission may adopt separate | 7 | | redistricting plans for the Legislative Districts and the | 8 | | Representative Districts. | 9 | | (g) If the Commission fails to adopt and file a | 10 | | redistricting plan by July 1 of the year following a Federal | 11 | | decennial census, the Chief Justice of the Supreme Court and | 12 | | the most senior Justice of the Supreme Court who is not | 13 | | affiliated with the same political party as the Chief Justice | 14 | | shall appoint a ninth member to the Commission. The nine-member | 15 | | Commission shall adopt and file with the Secretary of State a | 16 | | redistricting plan for the Legislative Districts and | 17 | | Representative Districts by August 1 of the year following the | 18 | | Federal decennial census. | 19 | | (h) A redistricting plan filed with the Secretary of State | 20 | | shall be presumed valid and shall be published promptly by the | 21 | | Secretary of State. | 22 | | (i) The Supreme Court shall have original and exclusive | 23 | | jurisdiction over actions concerning redistricting the House | 24 | | and Senate, which shall be initiated in the name of the People | 25 | | of the State by the Attorney General.
| 26 | | (a) Legislative Districts shall be compact, contiguous and
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| 1 | | substantially equal in population. Representative Districts | 2 | | shall be compact,
contiguous, and substantially equal in | 3 | | population.
| 4 | | (b) In the year following each Federal decennial census | 5 | | year, the
General Assembly by law shall redistrict the | 6 | | Legislative Districts and the
Representative Districts.
| 7 | | If no redistricting plan becomes effective by June 30 of | 8 | | that year, a
Legislative Redistricting Commission shall be | 9 | | constituted not later than
July 10. The Commission shall | 10 | | consist of eight members, no more than
four of whom shall be | 11 | | members of the same political party.
| 12 | | The Speaker and Minority Leader of the House of | 13 | | Representatives shall
each appoint to the Commission one | 14 | | Representative and one person who is
not a member of the | 15 | | General Assembly. The President and Minority Leader
of the | 16 | | Senate shall each appoint to the Commission one Senator and one
| 17 | | person who is not a member of the General Assembly.
| 18 | | The members shall be certified to the Secretary of State by | 19 | | the
appointing authorities. A vacancy on the Commission shall | 20 | | be filled
within five days by the authority that made the | 21 | | original appointment. A
Chairman and Vice Chairman shall be | 22 | | chosen by a majority of all members
of the Commission.
| 23 | | Not later than August 10, the Commission shall file with | 24 | | the
Secretary of State a redistricting plan approved by at | 25 | | least five
members.
| 26 | | If the Commission fails to file an approved redistricting |
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| 1 | | plan, the
Supreme Court shall submit the names of two persons, | 2 | | not of the same
political party, to the Secretary of State not | 3 | | later than September 1.
| 4 | | Not later than September 5, the Secretary of State publicly | 5 | | shall
draw by random selection the name of one of the two | 6 | | persons to serve as
the ninth member of the Commission.
| 7 | | Not later than October 5, the Commission shall file with | 8 | | the
Secretary of State a redistricting plan approved by at | 9 | | least five
members.
| 10 | | An approved redistricting plan filed with the Secretary of | 11 | | State
shall be presumed valid, shall have the force and effect | 12 | | of law and
shall be published promptly by the Secretary of | 13 | | State.
| 14 | | The Supreme Court shall have original and exclusive | 15 | | jurisdiction over
actions concerning redistricting the House | 16 | | and Senate, which shall be
initiated in the name of the People | 17 | | of the State by the Attorney
General.
| 18 | | (Source: Amendment adopted at general election November 4, | 19 | | 1980.)
| 20 | | SCHEDULE
| 21 | | This Constitutional Amendment takes effect upon being | 22 | | declared adopted in accordance with Section 7 of the Illinois | 23 | | Constitutional Amendment Act and applies to redistricting | 24 | | beginning in 2021 and to the election of General Assembly | 25 | | members beginning in 2022.". |
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