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1 | SENATE JOINT RESOLUTION
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2 | CONSTITUTIONAL AMENDMENT
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3 | RESOLVED, BY THE SENATE OF THE NINETY-SIXTH GENERAL | ||||||||||||||||||||
4 | ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES | ||||||||||||||||||||
5 | 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 Sections 2 and 3 of | ||||||||||||||||||||
9 | Article IV of the Illinois Constitution as follows:
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10 | ARTICLE IV
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11 | THE LEGISLATURE
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12 | (ILCON Art. IV, Sec. 2)
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13 | SECTION 2. LEGISLATIVE COMPOSITION
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14 | (a) One Senator shall be elected from each Legislative | ||||||||||||||||||||
15 | District.
Immediately following each decennial redistricting, | ||||||||||||||||||||
16 | the Senate, by resolution, General Assembly
by law shall divide | ||||||||||||||||||||
17 | the Legislative Districts as equally as possible
into three | ||||||||||||||||||||
18 | groups. Senators from one group shall be elected for terms of
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19 | four years, four years and two years; Senators from the second | ||||||||||||||||||||
20 | group,
for terms of four years, two years and four years; and | ||||||||||||||||||||
21 | Senators from the
third group, for terms of two years, four | ||||||||||||||||||||
22 | years and four years. The
Legislative Districts in each group | ||||||||||||||||||||
23 | shall be distributed substantially
equally over the State.
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1 | (b) Each Legislative District shall be divided into two | ||||||
2 | Representative
Districts. In 2012 1982 and every two years | ||||||
3 | thereafter one Representative shall
be elected from each | ||||||
4 | Representative District for a term of two years.
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5 | (c) To be eligible to serve as a member of the General | ||||||
6 | Assembly, a
person must be a United States citizen, at least 21 | ||||||
7 | years old, and for
the two years preceding his election or | ||||||
8 | appointment a resident of the
district which he is to | ||||||
9 | represent. In the general election following a
redistricting, a | ||||||
10 | candidate for the General Assembly may be elected from
any | ||||||
11 | district which contains a part of the district in which he | ||||||
12 | resided
at the time of the redistricting and reelected if a | ||||||
13 | resident of the new
district he represents for 18 months prior | ||||||
14 | to reelection.
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15 | (d) Within thirty days after a vacancy occurs, it shall be | ||||||
16 | filled by
appointment as provided by law. If the vacancy is in | ||||||
17 | a Senatorial office
with more than twenty-eight months | ||||||
18 | remaining in the term, the appointed
Senator shall serve until | ||||||
19 | the next general election, at which time a
Senator shall be | ||||||
20 | elected to serve for the remainder of the term. If the
vacancy | ||||||
21 | is in a Representative office or in any other Senatorial | ||||||
22 | office,
the appointment shall be for the remainder of the term. | ||||||
23 | An appointee to
fill a vacancy shall be a member of the same | ||||||
24 | political party as the
person he succeeds.
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25 | (e) No member of the General Assembly shall receive | ||||||
26 | compensation as
a public officer or employee from any other |
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1 | governmental entity for time
during which he is in attendance | ||||||
2 | as a member of the General Assembly.
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3 | No member of the General Assembly during the term for which | ||||||
4 | he was
elected or appointed shall be appointed to a public | ||||||
5 | office which shall
have been created or the compensation for | ||||||
6 | which shall have been
increased by the General Assembly during | ||||||
7 | that term.
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8 | (Source: Amendment adopted at general election November 4, | ||||||
9 | 1980.)
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10 | (ILCON Art. IV, Sec. 3)
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11 | SECTION 3. LEGISLATIVE REDISTRICTING
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12 | (a) Legislative Districts shall be compact, be contiguous , | ||||||
13 | be and
substantially equal in population , comply with all | ||||||
14 | applicable federal laws, and minimize the number of districts | ||||||
15 | that cross county or municipal boundaries . Representative | ||||||
16 | Districts shall be compact, be
contiguous, be and substantially | ||||||
17 | equal in population , comply with all applicable federal laws, | ||||||
18 | and minimize the number of districts that cross
county or | ||||||
19 | municipal boundaries . A Representative District need not be | ||||||
20 | entirely within a single Legislative District. The
following | ||||||
21 | shall be excluded from consideration: (1) the
residency of | ||||||
22 | incumbents; (2) political affiliation of registered
voters; | ||||||
23 | and (3) previous election results.
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24 | (b) On the third Tuesday in February in the year following | ||||||
25 | each Federal decennial census year, the President of the |
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1 | Senate, the Minority leader of the Senate, the Speaker of the | ||||||
2 | House, and the Minority Leader of the House shall each appoint | ||||||
3 | a member to the Temporary Redistricting Advisory Committee. A | ||||||
4 | fifth member shall, by the fourth Tuesday in February, be | ||||||
5 | elected by a majority of the members appointed, and that member | ||||||
6 | shall serve as Chair. No member of
the Temporary Redistricting | ||||||
7 | Committee should currently hold a partisan
political office or | ||||||
8 | political party office or be an immediate family member of a | ||||||
9 | member of the Illinois General Assembly or
Congress. As used in | ||||||
10 | this Article IV, Section 3, "immediate family member" is a | ||||||
11 | person with whom the person has a bona fide relationship | ||||||
12 | established through close blood or legal relationship, | ||||||
13 | including parents, siblings, children, in-laws, and first | ||||||
14 | cousins. | ||||||
15 | The Temporary Redistricting Advisory Committee shall | ||||||
16 | redistrict the Legislative Districts, the Representative | ||||||
17 | Districts, and the Congressional Districts in consultation | ||||||
18 | with a Redistricting Consulting Firm, procured by the Temporary | ||||||
19 | Redistricting Advisory Committee. The Firm must be a | ||||||
20 | non-partisan, independent contractor that employs qualified | ||||||
21 | software technicians. The Committee shall approve any | ||||||
22 | redistricting plans by a four-fifths majority of its members. | ||||||
23 | After approval of the redistricting plans, the Committee shall | ||||||
24 | release the proposed plans to the public, conduct at least 5
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25 | public hearings around 5 distinct geographic regions of the
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26 | State, and submit a report to the Illinois General Assembly
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1 | summarizing the information. | ||||||
2 | (c) The Committee shall deliver to the House of | ||||||
3 | Representatives a Representative redistricting plan by the | ||||||
4 | fourth Monday of April. The House shall consider the plan | ||||||
5 | within seven days after its delivery and shall accept or reject | ||||||
6 | the plan through a House Resolution. A resolution to adopt the | ||||||
7 | plan must be supported by two-thirds of the members. | ||||||
8 | The Committee shall deliver to the Senate a Legislative | ||||||
9 | redistricting plan by the fourth Monday of April. The Senate | ||||||
10 | shall consider the plan within seven days after its delivery | ||||||
11 | and shall accept or reject the plan through a Senate | ||||||
12 | Resolution. A resolution to adopt the plan must be supported by | ||||||
13 | two-thirds of the members. | ||||||
14 | The Committee shall deliver to the House of Representatives | ||||||
15 | and the Senate a Congressional redistricting plan by the fourth | ||||||
16 | Monday of April. The House and Senate shall consider the plan | ||||||
17 | within seven days after its delivery and shall accept or reject | ||||||
18 | the plan through a Joint Resolution. A resolution to adopt the | ||||||
19 | plan must be supported by two-thirds of the members of each | ||||||
20 | chamber. | ||||||
21 | Redistricting plans may not be amended by either chamber. | ||||||
22 | An adopted redistricting resolution shall be filed with the | ||||||
23 | Secretary of State by the presiding officer of the chamber that | ||||||
24 | initiated the resolution. Each chamber shall have until May 10 | ||||||
25 | to file a resolution with the Secretary of State approving the | ||||||
26 | redistricting plan. |
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1 | (d) If a plan is not adopted by a chamber, the Committee | ||||||
2 | shall provide an alternative redistricting plan no later than | ||||||
3 | May 24, to be approved or rejected in the same manner | ||||||
4 | established by subsection (c) and filed with the Secretary of | ||||||
5 | State not later than June 10. | ||||||
6 | If a plan is not adopted by a chamber by June 10, the | ||||||
7 | Committee shall provide a third alternative redistricting plan | ||||||
8 | no later than June 17, to be approved or rejected in the same | ||||||
9 | manner established by subsection (c), except that the third | ||||||
10 | redistricting plan is subject to amendment. If a plan is | ||||||
11 | approved, the resolution shall be filed with the Secretary of | ||||||
12 | State upon adoption. | ||||||
13 | (e) If no plan is approved by July 1, the Committee shall | ||||||
14 | submit its third redistricting plan to the Illinois Supreme | ||||||
15 | Court. If two-thirds of the members of the court find that the | ||||||
16 | plan satisfies statutory and constitutional requirements, it | ||||||
17 | shall be adopted. If a plan fails to obtain approval by | ||||||
18 | two-thirds of the Supreme Court, the Court shall submit its | ||||||
19 | findings to the Committee, which shall amend its plan until it | ||||||
20 | is found to be in compliance and adopted by a two-thirds | ||||||
21 | majority of the Supreme Court. A plan adopted by the Supreme | ||||||
22 | Court shall be filed with the Secretary of State. | ||||||
23 | (b) In the year following each Federal decennial census | ||||||
24 | year, the
General Assembly by law shall redistrict the | ||||||
25 | Legislative Districts and the
Representative Districts.
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26 | If no redistricting plan becomes effective by June 30 of |
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1 | that year, a
Legislative Redistricting Commission shall be | ||||||
2 | constituted not later than
July 10. The Commission shall | ||||||
3 | consist of eight members, no more than
four of whom shall be | ||||||
4 | members of the same political party.
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5 | The Speaker and Minority Leader of the House of | ||||||
6 | Representatives shall
each appoint to the Commission one | ||||||
7 | Representative and one person who is
not a member of the | ||||||
8 | General Assembly. The President and Minority Leader
of the | ||||||
9 | Senate shall each appoint to the Commission one Senator and one
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10 | person who is not a member of the General Assembly.
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11 | The members shall be certified to the Secretary of State by | ||||||
12 | the
appointing authorities. A vacancy on the Commission shall | ||||||
13 | be filled
within five days by the authority that made the | ||||||
14 | original appointment. A
Chairman and Vice Chairman shall be | ||||||
15 | chosen by a majority of all members
of the Commission.
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16 | Not later than August 10, the Commission shall file with | ||||||
17 | the
Secretary of State a redistricting plan approved by at | ||||||
18 | least five
members.
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19 | If the Commission fails to file an approved redistricting | ||||||
20 | plan, the
Supreme Court shall submit the names of two persons, | ||||||
21 | not of the same
political party, to the Secretary of State not | ||||||
22 | later than September 1.
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23 | Not later than September 5, the Secretary of State publicly | ||||||
24 | shall
draw by random selection the name of one of the two | ||||||
25 | persons to serve as
the ninth member of the Commission.
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26 | Not later than October 5, the Commission shall file with |
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1 | the
Secretary of State a redistricting plan approved by at | ||||||
2 | least five
members.
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3 | (f) A An approved redistricting resolution or | ||||||
4 | redistricting plan filed with the Secretary of State
shall be | ||||||
5 | presumed valid, shall have the force and effect of law and
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6 | shall be published promptly by the Secretary of State.
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7 | The Supreme Court shall have original and exclusive | ||||||
8 | jurisdiction over
actions concerning redistricting the House | ||||||
9 | and Senate, which shall be
initiated in the name of the People | ||||||
10 | of the State by the Attorney
General.
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11 | (Source: Amendment adopted at general election November 4, | ||||||
12 | 1980.)
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13 | SCHEDULE
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14 | The State Board of Elections shall proceed, as soon as all | ||||||
15 | the returns are received but no later than 31 days after the | ||||||
16 | election, to canvass the votes given for and against this | ||||||
17 | Constitutional Amendment, as shown by the abstracts of votes | ||||||
18 | cast. If this Constitutional Amendment is approved by either | ||||||
19 | three-fifths of those voting on the question or a majority of | ||||||
20 | those voting in the election, then the State Board of Elections | ||||||
21 | shall declare the adoption of this Constitutional Amendment and | ||||||
22 | it shall, upon declaration of its adoption, take effect and | ||||||
23 | become a part of the Constitution of this State. This Schedule | ||||||
24 | supersedes and applies notwithstanding any statute to the | ||||||
25 | contrary, and no other requirements, including without |
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1 | limitation proclamation of the results of the vote or notice by | ||||||
2 | publication, are necessary for its effectiveness. This | ||||||
3 | Constitutional Amendment applies to redistricting beginning in | ||||||
4 | 2011 and to the election of members of the General Assembly | ||||||
5 | beginning in 2012.
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