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Full Text of HJRCA0031  99th General Assembly

HC0031 99TH GENERAL ASSEMBLY


 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0031

 

Introduced , by Rep. Mike Smiddy

 

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

    Proposes to amend the Legislature Article of the Illinois Constitution. Establishes an Independent Redistricting Commission. Requires the Commission to adopt and file a redistricting plan with the Secretary of State by June 30 of the year following each federal decennial census. Sets forth criteria the Commission is to use in the formulation of that plan. Requires the Commission to hold public hearings regarding its proposed redistricting plans. Sets forth provisions concerning the number of votes needed for the Commission to take official action. Subject to limited exceptions, requires meetings and records of the Commission to be open to the public. Establishes a procedure for the selection of Commissioners. Establishes eligibility criteria for persons involved with the Commission's work. Provides that, if the Commission fails to adopt and file with the Secretary of State a district plan by June 30 of the year following a federal decennial census, then the Chief Justice of the Supreme Court and the most senior Judge of the Supreme Court who is not affiliated with the same political party as the Chief Justice shall appoint a Special Commissioner for Redistricting by July 31 of the year following the applicable federal decennial census. Requires the Special Commissioner to design and file a district plan with the Secretary of State by August 31 of that year. Effective upon being declared adopted.


LRB099 09494 MGM 29702 e

 

HC0031LRB099 09494 MGM 29702 e

1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to amend Section 3 of Article IV
9of the Illinois Constitution as follows:
 
10
ARTICLE IV
11
THE LEGISLATURE

12    (ILCON Art. IV, Sec. 3)
13SECTION 3. LEGISLATIVE REDISTRICTING
14    (a) The Independent Redistricting Commission, comprised of
15eleven Commissioners, shall adopt and file with the Secretary
16of State a district plan for Legislative Districts and
17Representative Districts by June 30 of the year following each
18federal decennial census.
19     Legislative Districts shall be compact, contiguous and
20substantially equal in population. Representative Districts
21shall be compact, contiguous, and substantially equal in
22population. The district plan shall comply with federal law.
23Subject to the foregoing, the Commission shall apply the

 

 

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1following criteria: (1) the district plan shall not dilute or
2diminish the ability of a racial or language minority community
3to elect the candidates of its choice, including when voting in
4concert with other persons; (2) districts shall respect the
5geographic integrity of units of local government; (3)
6districts shall respect the geographic integrity of
7communities sharing common social and economic interests,
8which do not include relationships with political parties or
9candidates for office; and (4) the district plan shall not
10either purposefully or significantly discriminate against or
11favor any political party or group. In designing the district
12plan, the Commission shall consider party registration and
13voting history data only to assess compliance with the
14foregoing criteria, and shall not consider the residence of any
15person.
16    The Commission shall hold at least one public hearing in
17each Judicial District before, and at least one public hearing
18in each Judicial District after, releasing the initial proposed
19district plan. The Commission may not adopt a final district
20plan unless the plan is to be adopted without further
21amendment, and public notice of a report explaining its
22compliance with this Constitution and the criteria applied has
23been given at least seven days before the final vote on such
24plan. Upon adoption, a district plan shall have the force and
25effect of law and shall be published promptly by the Secretary
26of State.

 

 

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1    The State Board of Elections shall provide the Commission
2and the public with complete and accurate census information
3and technology sufficient to propose district plans. The
4Commission shall adopt rules governing its procedures and the
5implementation of matters under this Section.
6    (b) The Commission shall act in public meetings by an
7affirmative vote of six Commissioners, except that approval of
8any district plan shall require the affirmative vote of at
9least seven Commissioners, which shall include (1) at least two
10Commissioners from each political party whose candidate for
11Governor received the most and second-most votes cast in the
12last general election for Governor, and (2) at least two
13Commissioners not affiliated with either such political party.
14The Commission shall elect its chairperson and vice
15chairperson, who shall not be affiliated with the same
16political party. Six Commissioners shall constitute a quorum.
17All meetings of the Commission attended by a majority of its
18quorum, except for meetings qualified under attorney-client
19privilege during pending litigation, shall be open to the
20public and public notice shall be given at least two days prior
21to any meeting. All records of the Commission, including
22communications between Commissioners regarding the
23Commission's work, shall be open for public inspection, except
24for records qualified under attorney-client privilege during
25pending litigation. The Commission may retain assistance from
26counsel, technical staff, and other persons with relevant

 

 

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1skills, and shall be provided with adequate resources by the
2General Assembly to complete its work.
3    (c) For the purpose of conducting the Commissioner
4selection process, an Applicant Review Panel comprising three
5Reviewers shall be chosen in the following manner in the year
6in which each federal decennial census occurs. Beginning not
7later than January 1 and ending not later than March 1 of the
8year in which the census occurs, the Auditor General shall
9request and accept applications to serve as Reviewers. By March
1031, the Auditor General shall appoint a Panel of three
11Reviewers, selected by random draw from eligible applicants.
12    The Panel shall act in public meetings by an affirmative
13vote of two Reviewers. All meetings of the Panel shall be open
14to the public and public notice shall be given at least two
15days prior to any meeting. All records of the Panel, including
16applications to serve on the Panel or the Commission, shall be
17open for public inspection, except private information about
18applicants for which there is no compelling public interest in
19disclosure. The Panel may retain assistance from counsel,
20technical staff, and other persons with relevant skills, and
21shall be provided with adequate resources by the General
22Assembly to complete its work.
23    (d) A Commission shall be chosen in the manner set forth in
24this subsection (d) in the year in which each federal decennial
25census occurs.
26    Beginning not later than January 1 and ending not later

 

 

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1than March 1 of the year in which the census occurs, the
2Auditor General shall request and accept applications to serve
3as Commissioners.
4    By May 31, the Applicant Review Panel shall select one
5hundred eligible applicants based on their relevant analytical
6skills, impartiality, and ability to contribute to a fair
7redistricting process, and shall ensure that such applicants
8reflect the demographic and geographic diversity of the State.
9The Speaker and Minority Leader of the House of Representatives
10and the President and Minority Leader of the Senate each may
11remove up to five of the applicants selected by the Panel.
12    By June 30, the Panel shall publicly select seven
13Commissioners by random draw from the remaining applicants; of
14those seven Commissioners, including any replacements, (1) the
15seven Commissioners shall reside among the Judicial Districts
16in the same proportion as the number of Judges elected
17therefrom under Section 3 of Article VI of this Constitution,
18(2) two Commissioners shall be affiliated with the political
19party whose candidate for Governor received the most votes cast
20in the last general election for Governor, two Commissioners
21shall be affiliated with the political party whose candidate
22for Governor received the second-most votes cast in such
23election, and the remaining three Commissioners shall not be
24affiliated with either such political party, and (3) no more
25than two Commissioners may be affiliated with the same
26political party. The Speaker and Minority Leader of the House

 

 

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1of Representatives and the President and Minority Leader of the
2Senate each shall appoint one Commissioner from among the
3remaining applicants on the basis of the applicant's
4contribution to the demographic and geographic diversity of the
5Commission.
6    (e) To be eligible to serve as a Reviewer, a person must
7have education and experience in the examination and assessment
8of personnel, records, systems, or procedures for ten years
9preceding his or her application, must have demonstrated
10understanding of and adherence to standards of ethical conduct,
11and must not have been affiliated with any political party
12within the three years preceding appointment. To be eligible to
13serve as a Commissioner, Special Commissioner, or Reviewer, a
14person (1) must be a resident and registered voter of the State
15for the four years preceding appointment, (2) within the three
16years preceding appointment, must not have been the holder of,
17or a candidate for, any public office in the State, an employee
18or officer of the State or a unit of local government or a
19political party, registered as a lobbyist anywhere in the
20United States, or party to a contract to provide goods or
21services to the State or a principal, officer, or executive
22employee of such a contractor, and (3) within the three years
23preceding appointment, must not have resided with any person
24described in clause (2) of this subsection.
25    (f) If the Commission fails to adopt and file a district
26plan with the Secretary of State by June 30 of the year

 

 

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1following a federal decennial census, the Chief Justice of the
2Supreme Court and the most senior Judge of the Supreme Court
3who is not affiliated with the same political party as the
4Chief Justice shall jointly appoint a Special Commissioner for
5Redistricting by July 31. The Special Commissioner shall design
6and file with the Secretary of State by August 31 a district
7plan satisfying the requirements and criteria set forth in
8subsection (a) and a report explaining its compliance with this
9Constitution and the criteria applied. The Special
10Commissioner shall hold at least one public hearing in the
11State before releasing his or her initial proposed district
12plan and at least one public hearing in a different location in
13the State after releasing his or her initial proposed district
14plan and before filing the final district plan with the
15Secretary of State. Upon its filing, the final district plan
16filed by the Special Commissioner shall have the force and
17effect of law and shall be published promptly by the Secretary
18of State.
19In the year following each Federal decennial census year, the
20General Assembly by law shall redistrict the Legislative
21Districts and the Representative Districts.
22    If no redistricting plan becomes effective by June 30 of
23that year, a Legislative Redistricting Commission shall be
24constituted not later than July 10. The Commission shall
25consist of eight members, no more than four of whom shall be
26members of the same political party.

 

 

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1    The Speaker and Minority Leader of the House of
2Representatives shall each appoint to the Commission one
3Representative and one person who is not a member of the
4General Assembly. The President and Minority Leader of the
5Senate shall each appoint to the Commission one Senator and one
6person who is not a member of the General Assembly.
7    The members shall be certified to the Secretary of State by
8the appointing authorities. A vacancy on the Commission shall
9be filled within five days by the authority that made the
10original appointment. A Chairman and Vice Chairman shall be
11chosen by a majority of all members of the Commission.
12    Not later than August 10, the Commission shall file with
13the Secretary of State a redistricting plan approved by at
14least five members.
15    If the Commission fails to file an approved redistricting
16plan, the Supreme Court shall submit the names of two persons,
17not of the same political party, to the Secretary of State not
18later than September 1.
19    Not later than September 5, the Secretary of State publicly
20shall draw by random selection the name of one of the two
21persons to serve as the ninth member of the Commission.
22    Not later than October 5, the Commission shall file with
23the Secretary of State a redistricting plan approved by at
24least five members.
25    An approved redistricting plan filed with the Secretary of
26State shall be presumed valid, shall have the force and effect

 

 

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1of law and shall be published promptly by the Secretary of
2State.
3    (g) The Supreme Court shall have original and exclusive
4jurisdiction in cases relating to matters under this Section.
5The Commission shall have exclusive authority, and shall be
6provided adequate resources by the General Assembly, to defend
7any district plan adopted and filed by the Commission. over
8actions concerning redistricting the House and Senate, which
9shall be initiated in the name of the People of the State by
10the Attorney General.
11(Source: Amendment adopted at general election November 4,
121980.)
 
13
SCHEDULE
14    This Constitutional Amendment takes effect upon being
15declared adopted in accordance with Section 7 of the Illinois
16Constitutional Amendment Act.