HB5873 101ST GENERAL ASSEMBLY

LRB101 23339 SMS 74513 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5873

Introduced , by Rep. Tim Butler

SYNOPSIS AS INTRODUCED:

10 ILCS 125/10-10 new
10 ILCS 125/10-5 rep.

Amends the Redistricting Transparency and Public Participation Act. Creates the Independent Redistricting Commission to adopt and file with the Secretary of State a redistricting plan for Legislative and Representative Districts (rather than requiring the Senate and House of Representatives to each establish a committee, or the Senate and House of Representatives may create by joint resolution a joint committee of both chambers, to consider proposals to redistrict the Legislative Districts or Representative Districts). Provides the commissioner selection process and meeting and voting requirements to adopt a plan. Makes conforming changes in the Act. 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 Redistricting Transparency and Public Participation Act is amended by adding Section 10-10 as follows:

(10 ILCS 125/10-10 new)

Sec. 10-10. Independent Redistricting Commission.

(a) The Independent Redistricting Commission comprised of 11 commissioners shall adopt and file with the Secretary of State a redistricting plan for Legislative Districts and Representative Districts by June 30 of the year following each federal decennial census. Legislative districts shall be contiguous and substantially equal in population. Representative Districts shall be contiguous and substantially equal in population. The redistricting plan shall comply with federal law. Subject to the foregoing, the Commission shall apply the following criteria: (1) the redistricting plan shall not dilute or diminish the ability of a racial or language minority community to elect the candidates of its choice, including when voting in concert with other persons; (2) the redistricting plan shall respect the geographic integrity of units of local government; and (3) the redistricting plan shall respect the geographic integrity of communities sharing common social and economic interests, which do not include relationships with political parties or candidates for office. The redistricting plan shall not either intentionally or unduly discriminate against or intentionally or unduly favor any political party, political group, or particular person. In designing the redistricting plan, the Commission shall consider party registration and voting history data only to assess compliance with the requirements in this subsection (a).

(b) For the purpose of conducting the commissioner selection process, an applicant review panel comprising of 3 reviewers shall be chosen in the manner set forth in this subsection (b). Beginning not later than February 1 and ending not later than February 8 following the year in which the federal decennial census occurs, the Auditor General shall request and accept applications to serve as a reviewer. The Auditor General shall review all applications and select a pool of 30 potential reviewers. The Auditor General should select applicants for the pool of potential reviewers who would operate in an ethical and non-partisan manner by considering whether each applicant is a resident and registered voter of the State and has been for the 4 years preceding his or her application, has demonstrated understanding of and adherence to standards of ethical conduct, and has been unaffiliated with any political party for the 3 years preceding appointment. By February 15 following the year in which the federal decennial census occurs, the Auditor General shall publicly select by random draw the applicant review panel of 3 reviewers from the pool of potential reviewers.

(c) Beginning not later than February 1 and ending not later than February 15 following the year in which the federal decennial census occurs, the Auditor General shall request and accept applications to serve as a commissioner on the Independent Redistricting Commission. By March 15 following the year in which the federal decennial census occurs, the applicant review panel shall select a pool of 100 potential commissioners. The applicant review panel should select applicants for the pool of potential commissioners who would be diverse and unaffected by conflicts of interest by considering whether each applicant is a resident and registered voter of the State and has been for the 4 years preceding his or her application, as well as each applicant's prior political experience, relevant analytical skills, ability to contribute to a fair redistricting process, and ability to represent the demographic and geographic diversity of the State. The applicant review panel shall act by affirmative vote of 2 reviewers. All records of the applicant review panel, including applications to serve on the applicant review panel, shall be open for public inspection, except private information about applicants for which there is no compelling public interest in disclosure.

(d) Not later than April 1 following the year in which the federal decennial census occurs, the Speaker and Minority Leader of the House of Representatives and the President and Minority Leader of the Senate each may remove up to 5 of those potential commissioners. Thereafter, but not later than April 15 following the year in which the federal decennial census occurs, the applicant review panel shall publicly select 7 commissioners by random draw from the remaining pool of potential commissioners; of those 7 commissioners, including any replacements, (1) the 7 commissioners shall reside among the judicial districts in the same proportion as the number of judges elected therefrom under Section 3 of Article VI of the Illinois Constitution, (2) 2 commissioners shall be affiliated with the political party whose candidate for Governor received the most votes cast in the last general election for Governor, 2 commissioners shall be affiliated with the political party whose candidate for Governor received the second-most votes cast in such election and the remaining 3 commissioners shall not be affiliated with either such political party, and (3) no more than 2 commissioners may be affiliated with the same political party. The Speaker and Minority Leader of the House of Representatives and the President and Minority Leader of the Senate each shall appoint one commissioner from among the remaining applicants in the pool of potential commissioners on the basis of the appointee's contribution to the demographic and geographic diversity of the Commission. A vacancy on the applicant review panel or Commission shall be filled within 5 days by a potential reviewer or potential commissioner from among the applicants remaining in the pool of potential reviewers or potential commissioners, respectively, in the manner in which the office was previously filled.

(e) The Commission shall act in public meetings by affirmative vote of 6 commissioners, except that approval of any redistricting plan shall require the affirmative vote of at least (1) 7 commissioners total, (2) 2 commissioners from each political party whose candidate for Governor received the most and second-most votes cast in the last general election for Governor, and (3) 2 commissioners not affiliated with either such political party. The Commission shall elect its chairperson and vice chairperson, who shall not be affiliated with the same political party. Six commissioners shall constitute a quorum. All meetings of the Commission attended by a quorum, except for meetings qualified under attorney-client privilege, shall be open to the public and publicly noticed at least 2 days before the meeting. All records of the Commission, including communications between commissioners regarding the Commission's work, shall be open for public inspection, except for records qualified under attorney-client privilege. The Commission shall adopt rules governing its procedure, public hearings, and the implementation of matters under this Section. The Commission shall hold public hearings throughout the State both before and after releasing the initial proposed redistricting plan. The Commission may not adopt a final redistricting plan unless the plan to be adopted without further amendment, and a report explaining its compliance with the Illinois Constitution, have been publicly noticed at least 7 days before the final vote on the redistricting plan.

(f) If the Independent Redistricting Commission does not adopt a redistricting plan by June 30 of that year, pursuant to Section 3 of Article IV of the Illinois Constitution, a Legislative Redistricting Commission shall be constituted not later than July 10.

(g) An adopted redistricting plan filed with the Secretary of State shall be presumed valid and shall be published promptly by the Secretary of State.

(h) The Supreme Court shall have original jurisdiction in cases relating to matters under this Section.

(10 ILCS 125/10-5 rep.)

Section 10. The Redistricting Transparency and Public Participation Act is amended by repealing Section 10-5.

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