SC0121 96TH GENERAL ASSEMBLY

LRB096 21826 RCE 39748 e

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
SC0121

Introduced 4/6/2010, by Sen. Kwame Raoul - Deanna Demuzio - Don Harmon - Mattie Hunter

SYNOPSIS AS INTRODUCED:

ILCON Art. IV, Sec. 2

ILCON Art. IV, Sec. 3

Proposes to amend the Legislature Article of the Illinois Constitution concerning the decennial redistricting of Legislative and Representative Districts. Provides that the Senate, by resolution, instead of "the General Assembly by law", shall divide the Legislative Districts into 3 groups for the determination of terms of office. Eliminates the requirement that Legislative Districts be divided into 2 Representative Districts. Requires Districts, in order of priority, to be substantially equal in population; provide racial minorities and language minorities with the equal opportunity to participate in the political process and elect candidates of their choice; provide racial minorities and language minorities who constitute less than a voting-age majority of a District with an opportunity to control or substantially influence the outcome of an election; be contiguous; respect, to the extent practical, communities of interest; respect, to the extent practical, municipal boundaries; and be compact. Provides for the General Assembly to redistrict Legislative and Representative Districts by law by June 20. If that fails, provides for the Senate to redistrict Legislative Districts and the House to redistrict Representative Districts, each by resolution adopted by three-fifths of the members elected. If no resolution is adopted by July 20, provides for a Senate or House Redistricting Commission to redistrict by August 20. If that fails, provides for a Special Master. If that fails or a bill, resolution, or plan is invalidated, the General Assembly may redistrict by law. Requires hearings and allows for the public to submit plans. Effective upon being declared adopted.

A BILL FOR

SENATE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE SENATE OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Sections 2 and 3 of Article IV of the Illinois Constitution as follows:

ARTICLE IV

THE LEGISLATURE

(ILCON Art. IV, Sec. 2)

SECTION 2. LEGISLATIVE COMPOSITION

(a) One Senator shall be elected from each Legislative District. Immediately following each decennial redistricting, the Senate, by resolution, General Assembly by law shall divide the Legislative Districts as equally as possible into three groups. Senators from one group shall be elected for terms of four years, four years and two years; Senators from the second group, for terms of four years, two years and four years; and Senators from the third group, for terms of two years, four years and four years. The Legislative Districts in each group shall be distributed substantially equally over the State.

(b) Each Legislative District shall be divided into two Representative Districts. In 2012 1982 and every two years thereafter one Representative shall be elected from each Representative District for a term of two years.

(c) To be eligible to serve as a member of the General Assembly, a person must be a United States citizen, at least 21 years old, and for the two years preceding his election or appointment a resident of the district which he is to represent. In the general election following a redistricting, a candidate for the General Assembly may be elected from any district which contains a part of the district in which he resided at the time of the redistricting and reelected if a resident of the new district he represents for 18 months prior to reelection.

(d) Within thirty days after a vacancy occurs, it shall be filled by appointment as provided by law. If the vacancy is in a Senatorial office with more than twenty-eight months remaining in the term, the appointed Senator shall serve until the next general election, at which time a Senator shall be elected to serve for the remainder of the term. If the vacancy is in a Representative office or in any other Senatorial office, the appointment shall be for the remainder of the term. An appointee to fill a vacancy shall be a member of the same political party as the person he succeeds.

(e) No member of the General Assembly shall receive compensation as a public officer or employee from any other governmental entity for time during which he is in attendance as a member of the General Assembly.

No member of the General Assembly during the term for which he was elected or appointed shall be appointed to a public office which shall have been created or the compensation for which shall have been increased by the General Assembly during that term.

(Source: Amendment adopted at general election November 4, 1980.)

(ILCON Art. IV, Sec. 3)

SECTION 3. LEGISLATIVE REDISTRICTING

(a) Legislative Districts and Representative Districts shall each, in order of priority, be substantially equal in population; provide racial minorities and language minorities with the equal opportunity to participate in the political process and elect candidates of their choice; provide racial minorities and language minorities who constitute less than a voting-age majority of a District with an opportunity to control or substantially influence the outcome of an election; be contiguous; respect, to the extent practical, communities of interest; respect, to the extent practical, municipal boundaries; and be compact, contiguous and substantially equal in population. Representative Districts shall be compact, contiguous, and substantially equal in population.

(b) In the year following each Federal decennial census year, the General Assembly by law shall redistrict the Legislative Districts and the Representative Districts, subject to the hearing and notice requirements of subsection (c).

A bill passed by the General Assembly pursuant to this subsection shall be presented to the Governor not later than June 3. The foregoing requirement shall be judicially enforceable. If the Governor approves the bill, then the Governor shall sign it by June 10 and it shall become law. If the Governor vetoes the bill or makes specific recommendations for change to the bill, then the Governor shall return it with his or her objections or specific recommendations by June 10 directly to the house in which it originated whether or not the General Assembly is in recess or adjourned. Any bill not so returned on or before June 10 of that year shall become law.

A vetoed bill or bill returned with specific recommendations for change shall be considered in the manner set forth in this subsection notwithstanding any provision of Section 9 of this Article to the contrary. Not later than June 15, the originating house may either override the Governor's veto or specific recommendations for change by a record vote of three-fifths of the members elected or accept the Governor's specific recommendations for change by a record vote of a majority of the members elected. If the originating house passes the bill by the required vote, then it shall be delivered immediately to the second house, which, not later than June 20, may take the same action as the originating house by the same record vote requirements applicable to the originating house. A bill having received the required record vote in both houses shall become law and shall take effect immediately notwithstanding any provision of Section 10 of this Article to the contrary. If no redistricting bill for the Legislative Districts or Representative Districts, or both, becomes law by June 20 of that year, then the General Assembly may not redistrict by law for the remainder of that year, except as provided in subsection (f).

If no redistricting bill for the Legislative Districts or Representative Districts, or both, becomes law by June 20 of that year, then the Senate may redistrict Legislative Districts and the House of Representatives may redistrict the Representative Districts, as applicable, by resolution adopted by a record vote of three-fifths of the members elected to that house, subject to the hearing and notice requirements of subsection (c). An adopted redistricting resolution shall be filed with the Secretary of State by the presiding officer of the house that adopted the resolution not later than July 20.

If no redistricting resolution is filed for the Legislative Districts or Representative Districts, or both, by July 20, then not later than August 20 the Senate Redistricting Commission shall redistrict the Legislative Districts and the House Redistricting Commission shall redistrict the Representative Districts, as applicable, each in a manner consistent with subsection (e).

(c) In the year following each Federal decennial census year, the Senate and House of Representatives shall each establish a committee to consider proposals to redistrict the Legislative Districts or Representative Districts, as applicable. Each committee must conduct at least four public hearings statewide to receive testimony and inform the public on the applicable existing Districts, with one hearing held in each of four distinct geographic regions of the State determined by the respective committee. All hearings of a committee shall be open to the public. The Chairperson of each committee shall, no later than six days before any proposed hearing, post a notice with the Secretary of the Senate or Clerk of the House, as applicable. The notice shall identify any measure and subject matter that may be considered during that hearing. The notice shall contain the day, hour, and place of the hearing.

If a committee favorably reports a redistricting resolution or bill redistricting the Legislative Districts or Representative Districts, or both, as applicable, then the committee shall conduct at least one final hearing in each of four distinct geographic regions previously determined by the committee in order to receive testimony and inform the public of the proposed Districts. All hearings of a committee shall be open to the public. The Chairperson shall, no later than two days before any proposed hearing, post a notice with the Secretary of the Senate or Clerk of the House, as applicable. The notice shall identify any measure and subject matter that may be considered during that hearing. The notice shall contain the day, hour, and place of the hearing. After the committee completes the required hearings, then the Senate or House of Representatives, or both, as applicable, may amend a redistricting bill or resolution and may take final action on the bill or resolution.

(d) As soon as practical, the General Assembly shall make available to the public, the Commissions, and the Special Masters all Federal decennial census data it receives from the Federal government and any other data required by law. The General Assembly shall provide a means by which members of the public may submit redistricting proposals or comment on or obtain a copy of any proposal submitted to the Senate, the House, a Commission, or a Special Master.

(e) By February 1 of the year following each Federal decennial census year, If no redistricting plan becomes effective by June 30 of that year, a Senate Legislative Redistricting Commission shall be constituted and consist of ten members, no more than five not later than July 10. The Commission shall consist of eight members, no more than four of whom shall be members of the same political party. The Speaker and Minority Leader of the House of Representatives shall each appoint to the Commission one Representative and one person who is not a member of the General Assembly. The President and Minority Leader of the Senate shall each appoint five persons to the Commission, no more than two of whom shall be Senators one Senator and at least three of whom shall be persons one person who do not hold an elected or a political party office, are not employees of the General Assembly, are not employees of a political party, are not immediate family members of a member of the General Assembly or Congress, and are not lobbyists as defined by law.

By February 1 of the year following each Federal decennial census year, a House of Representatives Redistricting Commission shall be constituted and consist of ten members, no more than five of whom shall be members of the same political party. The Speaker and Minority Leader of the House of Representatives shall each appoint five persons to the Commission, no more than two of whom shall be Representatives and at least three of whom shall be persons who do not hold an elected or a political party office, are not employees of the General Assembly, are not employees of a political party, are not immediate family members of a member of the General Assembly or Congress, and are not lobbyists as defined by law.

An "immediate family member", for purposes of this subsection, is a person with whom the person has a bona fide relationship established through close blood or legal relationship, including parents, siblings, children, spouses, and first cousins is not a member of the General Assembly.

Persons appointed to each Commission should reflect the racial, ethnic, geographic, and cultural diversity of the State.

The members shall be certified to the Secretary of State by the appointing authorities. A vacancy on the Commission shall be filled within five days by the authority that made the original appointment. For each Commission, a Chairperson A Chairman and Vice Chairperson Chairman shall be chosen by a majority of all members of the Commission.

Each Redistricting Commission shall conduct at least ten public hearings statewide to receive testimony and inform the public, with two hearings held in each of five distinct geographic regions of the State determined by the respective Commission. All hearings of a Commission shall be open to the public. The Chairperson of the Commission shall, no later than six days before any proposed hearing, post a notice with the Secretary of the Senate or Clerk of the House, as applicable, who shall immediately make the notice available to the public. The notice shall identify any measure and subject matter that may be considered during that hearing. The notice shall contain the day, hour, and place of the hearing. Each Commission shall conduct the public hearings by April 1 of that year and must file a report with its respective chamber regarding its hearings, including hearing transcripts. Each Commission shall also file a copy of its report and hearing transcripts with the State Board of Elections, which shall make the report and hearing transcripts available to the public.

If no law redistricting the Legislative Districts or Representative Districts, or both, takes effect by June 20 and the Senate or House, as applicable, fails to file a redistricting resolution with the Secretary of State by July 20, then the applicable Redistricting Commission, by resolution adopted by a record vote of at least six Commissioners, shall redistrict the Legislative Districts or Representative Districts, as applicable. If a Commission adopts a redistricting resolution, then the Commission shall conduct at least one public hearing in each of the five distinct geographic regions previously determined by the Commission in order to receive testimony and inform the public of the redistricting plan. The Commission must complete the required hearings prior to filing an adopted redistricting resolution with the Secretary of State. All hearings of a Commission shall be open to the public. The Chairperson of the Commission shall, no later than two days before any proposed hearing, post a notice with the Secretary of the Senate or Clerk of the House, as applicable, who shall immediately make the notice available to the public. The notice shall identify any measure and subject matter that may be considered during that hearing. The notice shall contain the day, hour, and place of the hearing. The Commission shall file an adopted resolution with the Secretary of State not later than August 20.

If a Redistricting Commission fails to file an adopted resolution by August 20, then the Supreme Court Judges most senior from each political party represented on the Supreme Court shall jointly appoint one person to act as Special Master to redistrict the Legislative Districts and a different person to act as Special Master to redistrict the Representative Districts, as applicable. A Special Master shall be a person who does not hold an elected or a political party office, is not an employee of the General Assembly, is not an employee of a political party, is not a member of the General Assembly or Congress, is not an immediate family member of a member of the General Assembly or Congress, and is not a lobbyist as defined by law. The Special Master shall be appointed and certified to the Secretary of State not later than August 27. The appointment of the Special Master by any Supreme Court Judge shall not be considered an actual or potential conflict of interest for which the Judge shall recuse himself or herself from any action concerning redistricting the House and Senate.

The Special Master may consider any redistricting plan filed by members of the General Assembly, the applicable Commission, or members of the public. The Special Master shall conduct at least one public hearing in each of the five distinct geographic regions previously determined by the applicable Commission in order to receive testimony and inform the public of the redistricting plan. The Special Master must complete the required public hearings prior to filing a redistricting plan with the Secretary of State. All hearings conducted by a Special Master shall be open to the public. The Special Master shall, no later than two days before any proposed hearing, post a notice with the Secretary of the Senate or Clerk of the House, as applicable, who shall immediately make the notice available to the public. The notice shall identify any measure and subject matter that may be considered during that hearing. The notice shall contain the day, hour, and place of the hearing. The Special Master shall file a redistricting plan of the Legislative Districts or Representative Districts, as applicable, with the Secretary of State not later than October 5.

(f) If a redistricting bill, resolution, or plan is invalidated in whole or in part by a court of competent jurisdiction or a redistricting plan is not filed with the Secretary of State by October 5, then the General Assembly may redistrict by law.

Not later than August 10, the Commission shall file with the Secretary of State a redistricting plan approved by at least five members.

If the Commission fails to file an approved redistricting plan, the Supreme Court shall submit the names of two persons, not of the same political party, to the Secretary of State not later than September 1.

Not later than September 5, the Secretary of State publicly shall draw by random selection the name of one of the two persons to serve as the ninth member of the Commission.

Not later than October 5, the Commission shall file with the Secretary of State a redistricting plan approved by at least five members.

(g) A An approved redistricting resolution or plan filed with the Secretary of State shall be presumed valid, shall have the force and effect of law and shall be published promptly by the Secretary of State.

(h) The Supreme Court shall have original and exclusive jurisdiction over actions concerning redistricting the House and Senate, which shall be initiated in the name of the People of the State by the Attorney General.

(Source: Amendment adopted at general election November 4, 1980.)

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act and applies to redistricting beginning in 2011 and to the election of members of the General Assembly beginning in 2012.