SB2033 102ND GENERAL ASSEMBLY

LRB102 17292 SMS 22772 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2033

Introduced 2/26/2021, by Sen. Don Harmon - Ram Villivalam

SYNOPSIS AS INTRODUCED:

10 ILCS 120/5-5

Amends the Illinois Voting Rights Act of 2011. Provides that, in any redistricting plan pursuant to Illinois law for the redistricting or reapportionment of county board districts, such districts shall be drawn to create crossover districts, coalition districts, or influence districts. Provides that the requirements imposed by this Article are in addition and subordinate to any requirements or obligations imposed by the United States Constitution, any federal law regarding redistricting, including, but not limited to, the federal Voting Rights Act, and the Illinois Constitution. Effective immediately.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Voting Rights Act of 2011 is amended by changing Section 5-5 as follows:

(10 ILCS 120/5-5)

Sec. 5-5. Redistricting.

(a) In any redistricting plan pursuant to Article IV, Section 3 of the Illinois Constitution, Legislative Districts and Representative Districts shall be drawn, subject to subsection (d) of this Section, to create crossover districts, coalition districts, or influence districts. The requirements imposed by this Article are in addition and subordinate to any requirements or obligations imposed by the United States Constitution, any federal law regarding redistricting Legislative Districts or Representative Districts, including but not limited to the federal Voting Rights Act, and the Illinois Constitution.

(a-5) In any redistricting plan pursuant to Illinois law for the redistricting or reapportionment of county board districts, such districts shall be drawn, subject to subsection (d), to create crossover districts, coalition districts, or influence districts.

(b) The phrase "crossover district" means a district where a racial minority or language minority constitutes less than a majority of the voting-age population but where this minority, at least potentially, is large enough to elect the candidate of its choice with help from voters who are members of the majority and who cross over to support the minority's preferred candidate. The phrase "coalition district" means a district where more than one group of racial minorities or language minorities may form a coalition to elect the candidate of the coalition's choice. The phrase "influence district" means a district where a racial minority or language minority can influence the outcome of an election even if its preferred candidate cannot be elected.

(c) For purposes of this Act, the phrase "racial minorities or language minorities", in either the singular or the plural, means the same class of voters who are members of a race, color, or language minority group receiving protection under the federal Voting Rights Act, 42 U.S.C. § 1973; 42 U.S.C. § 1973b(f)(2); 42 U.S.C. § 1973aa-1a(e).

(d) Nothing in this Act shall be construed, applied, or implemented in a way that imposes any requirement or obligation that conflicts with the United States Constitution, any federal law regarding redistricting Legislative Districts or Representative Districts, including but not limited to the federal Voting Rights Act, or the Illinois Constitution and the requirements imposed by this Article are in addition to and subordinate to any requirements or obligations imposed by such Constitutions and laws.

(e) In the event of a violation of this Act, the redistricting plan shall be redrawn to the least extent necessary to remedy the violation.

(Source: P.A. 96-1541, eff. 3-7-11.)

Section 99. Effective date. This Act takes effect upon becoming law.