100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SENATE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
SC0022

 

Introduced 2/13/2018, by Sen. Julie A. Morrison

 

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

    Proposes to amend the Legislature Article of the Illinois Constitution. Creates the Independent Redistricting Commission to adopt and file with the Secretary of State a redistricting plan for Legislative and Representative Districts. Provides for the selection of Commissioners and establishes the authority of a Special Commissioner to design a redistricting plan in the event that the Commission fails to properly adopt and file a redistricting plan. Effective beginning with redistricting in 2021 and applies to members elected in 2022 and thereafter.


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SC0022LRB100 20007 MJP 35288 e

1
SENATE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE SENATE OF THE ONE HUNDREDTH GENERAL
4ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
5CONCURRING 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 comprising 11
15Commissioners shall adopt and file with the Secretary of State
16a redistricting plan for Legislative Districts and
17Representative Districts by June 30 of the year following each
18Federal decennial census. Legislative Districts shall be
19contiguous and substantially equal in population.
20Representative Districts shall be contiguous and substantially
21equal in population. The redistricting plan shall comply with
22Federal law. Subject to the foregoing, the Commission shall
23apply the following criteria: (1) the redistricting plan shall

 

 

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1not dilute or diminish the ability of a racial or language
2minority community to elect the candidates of its choice,
3including when voting in concert with other persons; (2) the
4redistricting plan shall respect the geographic integrity of
5units of local government; and (3) the redistricting plan shall
6respect the geographic integrity of communities sharing common
7social and economic interests, which do not include
8relationships with political parties or candidates for office.
9The redistricting plan shall not either intentionally or unduly
10discriminate against or intentionally or unduly favor any
11political party, political group, or particular person. In
12designing the redistricting plan, the Commission shall
13consider party registration and voting history data only to
14assess compliance with the requirements in this subsection (a).
15    (b) For the purpose of conducting the Commissioner
16selection process, an Applicant Review Panel comprising three
17Reviewers shall be chosen in the manner set forth in this
18subsection (b). Beginning not later than January 1 and ending
19not later than March 1 of the year in which the Federal
20decennial census occurs, the Auditor General shall request and
21accept applications to serve as a Reviewer. The Auditor General
22shall review all applications and select a pool of 30 potential
23Reviewers. The Auditor General should select applicants for the
24pool of potential Reviewers who would operate in an ethical and
25non-partisan manner by considering whether each applicant is a
26resident and registered voter of the State and has been for the

 

 

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1four years preceding his or her application, has demonstrated
2understanding of and adherence to standards of ethical conduct,
3and has been unaffiliated with any political party for the
4three years preceding appointment. By March 31 of the year in
5which the Federal decennial census occurs, the Auditor General
6shall publicly select by random draw the Panel of three
7Reviewers from the pool of potential Reviewers.
8    (c) Beginning not later than January 1 and ending not later
9than March 1 of the year in which the Federal decennial census
10occurs, the Auditor General shall request and accept
11applications to serve as a Commissioner on the Independent
12Redistricting Commission. By May 31, the Panel shall select a
13pool of 100 potential Commissioners. The Panel should select
14applicants for the pool of potential Commissioners who would be
15diverse and unaffected by conflicts of interest by considering
16whether each applicant is a resident and registered voter of
17the State and has been for the four years preceding his or her
18application, as well as each applicant's prior political
19experience, relevant analytical skills, ability to contribute
20to a fair redistricting process, and ability to represent the
21demographic and geographic diversity of the State. The Panel
22shall act by affirmative vote of two Reviewers. All records of
23the Panel, including applications to serve on the Panel, shall
24be open for public inspection, except private information about
25applicants for which there is no compelling public interest in
26disclosure.

 

 

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1    (d) Not later than June 30, the Panel shall publicly select
2seven Commissioners by random draw from the remaining pool of
3potential Commissioners; of those seven Commissioners,
4including any replacements, (1) the seven Commissioners shall
5reside among the Judicial Districts in the same proportion as
6the number of Judges elected therefrom under Section 3 of
7Article VI of this Constitution, (2) two Commissioners shall be
8affiliated with the political party whose candidate for
9Governor received the most votes cast in the last general
10election for Governor, two Commissioners shall be affiliated
11with the political party whose candidate for Governor received
12the second-most votes cast in such election and the remaining
13three Commissioners shall not be affiliated with either such
14political party, and (3) no more than two Commissioners may be
15affiliated with the same political party. A vacancy on the
16Panel or Commission shall be filled within five days by a
17potential Reviewer or potential Commissioner from among the
18applicants remaining in the pool of potential Reviewers or
19potential Commissioners, respectively, in the manner in which
20the office was previously filled.
21    (e) The Commission shall act in public meetings by
22affirmative vote of four Commissioners, except that approval of
23any redistricting plan shall require the affirmative vote of at
24least (1) five Commissioners total, (2) one Commissioners from
25each political party whose candidate for Governor received the
26most and second-most votes cast in the last general election

 

 

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1for Governor, and (3) two Commissioners not affiliated with
2either such political party. The Commission shall elect its
3chairperson and vice chairperson, who shall not be affiliated
4with the same political party. Four Commissioners shall
5constitute a quorum. All meetings of the Commission attended by
6a quorum, except for meetings qualified under attorney-client
7privilege, shall be open to the public and publicly noticed at
8least two days prior to the meeting. All records of the
9Commission, including communications between Commissioners
10regarding the Commission's work, shall be open for public
11inspection, except for records qualified under attorney-client
12privilege. The Commission shall adopt rules governing its
13procedure, public hearings, and the implementation of matters
14under this Section. The Commission shall hold public hearings
15throughout the State both before and after releasing the
16initial proposed redistricting plan. The Commission may not
17adopt a final redistricting plan unless the plan to be adopted
18without further amendment, and a report explaining its
19compliance with this Constitution, have been publicly noticed
20at least seven days before the final vote on such plan.
21    (f) If the Commission fails to adopt and file with the
22Secretary of State a redistricting plan by June 30 of the year
23following a Federal decennial census, the Chief Justice of the
24Supreme Court and the most senior Judge of the Supreme Court
25who is not affiliated with the same political party as the
26Chief Justice shall appoint jointly by July 31 a Special

 

 

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1Commissioner for Redistricting. The Special Commissioner shall
2adopt and file with the Secretary of State by August 31 a
3redistricting plan satisfying the requirements set forth in
4subsection (a) of this Section and a report explaining its
5compliance with this Constitution. The Special Commissioner
6shall hold at least one public hearing in the State before
7releasing his or her initial proposed redistricting plan and at
8least one public hearing in a different location in the State
9after releasing his or her initial proposed redistricting plan,
10and before filing the final redistricting plan with the
11Secretary of State. All records of the Special Commissioner
12shall be open for public inspection, except for records
13qualified under attorney-client privilege.
14    (g) An adopted redistricting plan filed with the Secretary
15of State shall be presumed valid and shall be published
16promptly by the Secretary of State.
17    (h) The Supreme Court shall have original jurisdiction in
18cases relating to matters under this Section.
19    (a) Legislative Districts shall be compact, contiguous and
20substantially equal in population. Representative Districts
21shall be compact, contiguous, and substantially equal in
22population.
23    (b) In the year following each Federal decennial census
24year, the General Assembly by law shall redistrict the
25Legislative Districts and the Representative Districts.
26    If no redistricting plan becomes effective by June 30 of

 

 

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1that year, a Legislative Redistricting Commission shall be
2constituted not later than July 10. The Commission shall
3consist of eight members, no more than four of whom shall be
4members of the same political party.
5    The Speaker and Minority Leader of the House of
6Representatives shall each appoint to the Commission one
7Representative and one person who is not a member of the
8General Assembly. The President and Minority Leader of the
9Senate shall each appoint to the Commission one Senator and one
10person who is not a member of the General Assembly.
11    The members shall be certified to the Secretary of State by
12the appointing authorities. A vacancy on the Commission shall
13be filled within five days by the authority that made the
14original appointment. A Chairman and Vice Chairman shall be
15chosen by a majority of all members of the Commission.
16    Not later than August 10, the Commission shall file with
17the Secretary of State a redistricting plan approved by at
18least five members.
19    If the Commission fails to file an approved redistricting
20plan, the Supreme Court shall submit the names of two persons,
21not of the same political party, to the Secretary of State not
22later than September 1.
23    Not later than September 5, the Secretary of State publicly
24shall draw by random selection the name of one of the two
25persons to serve as the ninth member of the Commission.
26    Not later than October 5, the Commission shall file with

 

 

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1the Secretary of State a redistricting plan approved by at
2least five members.
3    An approved redistricting plan filed with the Secretary of
4State shall be presumed valid, shall have the force and effect
5of law and shall be published promptly by the Secretary of
6State.
7    The Supreme Court shall have original and exclusive
8jurisdiction over actions concerning redistricting the House
9and Senate, which shall be initiated in the name of the People
10of the State by the Attorney General.
11(Source: Amendment adopted at general election November 4,
121980.)
 
13
SCHEDULE
14    This Constitutional Amendment takes effect beginning with
15redistricting in 2021 and applies to the election of members of
16the General Assembly in 2022 and thereafter.