SB0322sam001 99TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 4/19/2016

09900SB0322sam001 LRB099 02940 MJP 47890 a

AMENDMENT TO SENATE BILL 322

AMENDMENT NO. ______. Amend Senate Bill 322 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Interstate Compact for Fair Representation Act.

Section 5. Interstate Compact for Fair Representation. The Governor is hereby authorized to enter into a compact on behalf of this State with any of the United States legally joining therein in the form substantially as follows:

INTERSTATE COMPACT FOR FAIR REPRESENTATION

Article I - Membership.

Any State of the United States may become a member of this Interstate Compact for Fair Representation by enacting this agreement.

Article II - Definitions.

In this agreement the following words have the meanings indicated:

(a) "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.

(b) "Commission" means the independent congressional redistricting commission established by the compacting states under this agreement.

(c) "Communities of interest" means a group of people concentrated in a geographic area, such as a specific region or neighborhood, who share similar social, cultural, ethnic, economic, religious, or political interests and priorities.

(d) "Competitive district" means a district that has a substantially equal partisan balance.

(e) "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.

(f) "District" means a congressional district.

(g) "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.

(h) "Language minority" means a class of voters who are members of a language group receiving protection under the federal Voting Rights Act.

(i) "Member state" means each state that has enacted this agreement.

(j) "Plan" means the congressional redistricting plan drawn for a member state by the commission under this agreement.

(k) "Racial minority" means a class of voters who are members of a race or color group receiving protection under the federal Voting Rights Act.

Article III - Independent Congressional Redistricting Commission.

Each member state shall establish an independent congressional redistricting commission. The members of the commission shall be appointed no later than February 1 of the year following a federal decennial census. Each member of the commission shall serve a 10-year term. The commission shall be composed as follows:

(a) Ten members appointed by the state chair of the political party with the greatest number of seats in the state legislature;

(b) Ten members appointed by the state chair of the political party with the second greatest number of seats in the state legislature;

(c) The commission must reflect the race and gender demographics of the state;

(d) To the extent practicable, the commission should represent distinct geographic regions of the state according to population distribution;

(e) To be eligible to become a member of the commission, an individual may not:

(1) hold an elected office;

(2) be a candidate for an elected office;

(3) be the spouse, parent, or child of an individual who holds an elected office or is a candidate for elected office;

(4) serve as an officer, an employee, or a paid consultant of a political party or candidate campaign for elected office;

(5) be a registered lobbyist; or

(6) have held elected office or run as a candidate for elected office at any time during the ten-year period ending on December 31 preceding the date of appointment.

Article IV - Vacancy.

A vacancy in the commission shall be filled in the manner in which the original appointment was made.

Article V - Independent Congressional Redistricting Plan.

The commission shall develop a congressional redistricting plan for the member state. The commission's starting point for drawing the plan shall be the member state's census tract map according to the most recent federal decennial census. Adjustments to the map shall then be made as necessary to accomplish the goals as set forth below. Each district shall, in order of priority:

(a) Be substantially equal in population.

(b) Be consistent with the federal Voting Rights Act and any other applicable federal or state law.

(c) Provide racial minorities and language minorities with the equal opportunity to participate in the political process and elect candidates of their choice.

(d) Create crossover districts, coalition districts, or influence districts to 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.

(e) Be contiguous, except to the extent necessary to include any area which is surrounded by a body of water.

(f) Respect, to the extent practicable, communities of interest as determined on the basis of census tract or other relevant information.

(g) Respect, to the extent practicable, visible geographic features, city, town, and county boundaries, and undivided census tracts.

(h) Be compact.

To the extent practicable, competitive districts should be favored where to do so would create no significant detriment to goals (a) through (h).

Article VI - Population Count.

The population count used for the purpose of creating the independent congressional redistricting plan shall count individuals incarcerated in state or federal correctional facilities, as determined by the federal decennial census, at their last known residence before incarceration if the individuals were residents of the member state. The population count may not include individuals incarcerated in state or federal correctional facilities who were not residents of the state before their incarceration.

Article VII - Voting.

A plan may be adopted by the commission only if:

(a) a majority of the full membership of the commission votes for adoption; and

(b) at least two members appointed by the state chair of the political party with the greatest number of seats in the state legislature, and at least two members appointed by the state chair of the political party with the second greatest number of seats in the state legislature, vote for adoption.

Article VIII - Timing.

The commission shall adopt a redistricting plan following each federal decennial census. The commission shall not adopt any redistricting plan mid-decade before the next federal decennial census.

Article IX - Internet Website.

As soon as practicable after establishing the commission, the member state shall establish and maintain a public Internet website for the commission which meets all of the following requirements:

(a) The site is updated continuously to provide advance notice of commission hearings and to otherwise provide timely information on the activities of the commission.

(b) The site contains the most recent available information from the United States Bureau of the Census on voting-age population, voter registration, and voting in the state, including precinct-level and census tract-level data as well as detailed maps reflecting such information.

(c) The site includes interactive software that enables any individual to design a redistricting plan for the member state in accordance with the criteria described in Article IV.

(d) The site permits any individual to submit a proposed redistricting plan to the commission, and to submit questions, comments, and other information with respect to the commission's activities.

Article X - Public Hearings.

The commission shall operate in an open and transparent manner and shall solicit public feedback in drawing a plan. The commission shall hold public hearings in distinct geographic regions of the state according to population distribution at which members of the public may provide input, including submitting proposed redistricting plans. The commission shall hold at least one public hearing in each congressional district and shall hold the following minimum number of hearings:

(a) A member state with at least 3 congressional districts shall hold at least 6 hearings.

(b) A member state with no fewer than 3 but not more than 6 congressional districts shall hold at least 8 hearings.

(c) A member state with no fewer than 6 but not more than 9 congressional districts shall hold at least 12 hearings.

(d) A member state with no fewer than 9 but not more than 15 congressional districts shall hold at least 18 hearings.

(e) A member state with no fewer than 15 but not more than 20 congressional districts shall hold at least 22 hearings.

(f) A member state with more than 20 congressional districts shall hold at least one hearing for each district plus 5 additional hearings.

Article XI - Public Notice.

(a) Hearings. Not fewer than 7 days before a public hearing, the commission shall issue public notice of the hearing time and location, including but not limited to posting the notice on the commission's website.

(b) Submission to legislature. Not fewer than 7 days before submitting a redistricting plan to the legislature, the commission shall issue public notice, including but not limited to posting the notice on the commission's web site. The notice shall contain the following information:

(1) A detailed version of the plan, including a map showing each congressional district established under the plan and the voting-age population by race of each district;

(2) A statement providing specific information on the commission's methodology for drawing the plan and how the plan would serve the public interest;

(3) Any dissenting statements of any members of the commission who did not approve of submitting the plan to the legislature.

Article XII - Submission of Plan to Legislature.

The commission shall submit its redistricting plan to the legislature of the member state no later than June 1 of the year following a federal decennial census.

Article XIII - Consideration of Plan by Legislature.

After receiving any redistricting plan submitted by the commission, the legislature shall, by July 1 of the year following a federal decennial census:

(a) Approve the plan as submitted by the commission without amendment and forward the plan to the chief executive of the member state; or

(b) Reject the plan and provide a written statement to the commission explaining the reasons for rejecting the plan.

Article XIV - Enactment of Plan.

The enactment of the district map submitted by the commission shall occur in the capitol city of the member state no later than July 15 of the year following a federal decennial census. A redistricting plan developed by the commission shall be considered to be enacted into law if the plan is forwarded to the chief executive of the state and:

(a) The chief executive approves the plan as forwarded by the legislature without amendment; or

(b) The chief executive vetoes the plan and the legislature overrides the veto without amendment in accordance with the applicable law of the member state.

In the case of a member state in which the chief executive is prohibited under state law from acting on a redistricting plan, the plan developed by the commission shall be considered to be enacted into law if the legislature approves the plan as submitted by the commission without amendment.

Article XV - Failure to Enact Plan.

If the legislature rejects the plan submitted by the commission or the chief executive of the member state vetoes the plan and the legislature does not override the veto, the commission shall revise and modify the plan and resubmit it to the legislature no later than August 1 of the year following a federal decennial census. The legislature shall, as provided in Article XIII, either approve the plan without amendment and forward to the chief executive, or reject the plan and provide the commission with a written statement explaining the reasons for rejection, no later than August 15 of the year following a federal decennial census.

Article XVI - Judicial Review.

If a redistricting plan developed by the commission is not enacted into law by September 1 of the year following a federal decennial census, the commission shall submit its redistricting plans to the highest court of the member state, which shall select one of the submitted plans to serve as the redistricting plan for the state no later than October 1 of the year following a federal decennial census. The court may not modify any redistricting plan submitted by the commission.

Article XVII - Other Laws.

Nothing in this agreement shall be construed, applied, or implemented in a way that imposes any requirement or obligation that conflicts with the United States Constitution or any federal law regarding redistricting congressional districts, including but not limited to the Voting Rights Act.

Article XVIII - Effective Date.

The several states are invited to concur in this agreement by enactment of a similar act. This agreement shall take effect when every state with three or more congressional districts at the time of redistricting has enacted this agreement in substantially the same form and the enactments by such states have taken effect in each state. It shall continue in effect if a member state with 3 congressional districts loses a district following a federal decennial census occurring after the agreement takes effect. If, following a federal decennial census occurring after the agreement takes effect, a non-member state is entitled to an additional congressional district that would bring the non-member state's total number of congressional districts to 3 or more, the agreement shall be suspended until the non-member state enacts this agreement and the enactment takes effect.

The chief executive of each member state shall promptly notify the chief executive of all other states when this agreement has been enacted in that official's state or when the state has withdrawn from this agreement.

Article XIX - Withdrawal.

Any member state may withdraw from this agreement, except that a withdrawal occurring 6 months or less before a general election in which any member of Congress is on the ballot shall not become effective until after the election results are certified.

Article XX - Compliance.

A member state is not required to comply with this compact if:

(a) the commission of any member state fails to adopt a congressional redistricting plan; or

(b) the Attorney General of any member state determines that another member state has repealed, replaced, or failed to implement any aspect of this compact, including but not limited to failing to establish an independent redistricting commission or failing to implement the district map adopted by the commission.

Article XXI - Severability.

If any provision of this agreement is held invalid, the remaining provisions shall not be affected.

Article XXII - Enforcement.

The agencies and officers of each member state and its subdivisions shall enforce this compact and do all things appropriate to effect its purpose and intent that may be within their respective jurisdictions, including but not limited to adopting any legislation or regulations necessary to implement this agreement.

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