Rep. Mike Fortner
Filed: 3/8/2011
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1 | AMENDMENT TO HOUSE BILL 1393
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2 | AMENDMENT NO. ______. Amend House Bill 1393 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. If and only if Senate Bill 3976 of the 96th | ||||||
5 | General Assembly becomes law, then the Illinois Voting Rights | ||||||
6 | Act of 2011 is amended by changing Section 5-5 as follows: | ||||||
7 | (09600SB3976enr, Sec. 5-5) | ||||||
8 | Sec. 5-5. Redistricting. | ||||||
9 | (a) In any redistricting plan pursuant to Article IV, | ||||||
10 | Section 3 of the Illinois Constitution, Legislative Districts | ||||||
11 | and Representative Districts shall be drawn, subject to | ||||||
12 | subsection (d) of this Section, to create majority-minority | ||||||
13 | districts, crossover districts, coalition districts, or | ||||||
14 | influence districts. The number of majority-minority districts | ||||||
15 | created throughout the entire redistricting plan for a specific | ||||||
16 | racial minority or language minority shall be substantially |
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1 | proportional to the total population of the respective racial | ||||||
2 | minority or language minority within the State. Legislative and | ||||||
3 | Representative Districts shall not be drawn with the intent or | ||||||
4 | effect of dispersing or concentrating racial or language | ||||||
5 | minority populations in a manner that prevents a racial | ||||||
6 | minority or language minority from electing its candidates of | ||||||
7 | choice. The requirements imposed by this Article are in | ||||||
8 | addition and subordinate to any requirements or obligations | ||||||
9 | imposed by the United States Constitution, any federal law | ||||||
10 | regarding redistricting Legislative Districts or | ||||||
11 | Representative Districts, including but not limited to the | ||||||
12 | federal Voting Rights Act, and the Illinois Constitution. | ||||||
13 | (b) The phrase "crossover district" means a district where | ||||||
14 | a racial minority or language minority constitutes less than a | ||||||
15 | majority of the voting-age population but where this minority, | ||||||
16 | at least potentially, is large enough to elect the candidate of | ||||||
17 | its choice with help from voters who are members of the | ||||||
18 | majority and who cross over to support the minority's preferred | ||||||
19 | candidate. The phrase "coalition district" means a district | ||||||
20 | where more than one group of racial minorities or language | ||||||
21 | minorities may form a coalition to elect the candidate of the | ||||||
22 | coalition's choice. The phrase "influence district" means a | ||||||
23 | district where a racial minority or language minority can | ||||||
24 | influence the outcome of an election even if its preferred | ||||||
25 | candidate cannot be elected. The phrase "majority-minority | ||||||
26 | district" means a district where a racial minority or language |
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1 | minority compose a numerical majority of the voting-age | ||||||
2 | population and are able to elect a candidate of their choice. | ||||||
3 | (c) For purposes of this Act, the phrase "racial minorities | ||||||
4 | or language minorities", in either the singular or the plural, | ||||||
5 | means the same class of voters who are members of a race, | ||||||
6 | color, or language minority group receiving protection under | ||||||
7 | the federal Voting Rights Act, 42 U.S.C. § 1973; 42 U.S.C. § | ||||||
8 | 1973b(f)(2); 42 U.S.C. § 1973aa-1a(e). | ||||||
9 | (d) Nothing in this Act shall be construed, applied, or | ||||||
10 | implemented in a way that imposes any requirement or obligation | ||||||
11 | that conflicts with the United States Constitution, any federal | ||||||
12 | law regarding redistricting Legislative Districts or | ||||||
13 | Representative Districts, including but not limited to the | ||||||
14 | federal Voting Rights Act, or the Illinois Constitution. | ||||||
15 | (e) In the event of a violation of this Act, the | ||||||
16 | redistricting plan shall be redrawn to the least extent | ||||||
17 | necessary to remedy the violation. | ||||||
18 | (Source: 09600SB3976enr.) | ||||||
19 | Section 10. If and only if Senate Bill 3976 of the 96th | ||||||
20 | General Assembly becomes law, then the Redistricting | ||||||
21 | Transparency and Public Participation Act is amended by | ||||||
22 | changing Section 10-5 as follows: | ||||||
23 | (09600SB3976enr, Sec. 10-5) | ||||||
24 | Sec. 10-5. Committees; notices; hearings; public |
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1 | participation.
In the year following each federal decennial | ||||||
2 | census year, the Senate and House of Representatives shall each | ||||||
3 | establish a committee, or the Senate and House of | ||||||
4 | Representatives may create by joint resolution a joint | ||||||
5 | committee of both chambers, to consider proposals to redistrict | ||||||
6 | the Legislative Districts or Representative Districts, as | ||||||
7 | applicable. Within 3 days after After the receipt of the | ||||||
8 | federal decennial census data from the United States Census | ||||||
9 | Bureau federal government , the each committee shall make that | ||||||
10 | data, together with redistricting software, available to the | ||||||
11 | public. Each committee or joint committee must conduct at least | ||||||
12 | 4 public hearings on separate days around 4 distinct geographic | ||||||
13 | regions of the State. At least 3 of the hearings shall be after | ||||||
14 | receipt of the data from the United States Census Bureau. or | ||||||
15 | joint committee must conduct at least 4 public hearings | ||||||
16 | statewide to receive testimony and inform the public on the | ||||||
17 | applicable existing Districts, with one hearing held in each of | ||||||
18 | 4 distinct geographic regions of the State determined by the | ||||||
19 | respective committee. All hearings shall be open to the public. | ||||||
20 | The Chairperson of each committee or the Co-Chairpersons of a | ||||||
21 | joint committee, as applicable, shall, no later than 6 days | ||||||
22 | before any proposed hearing, post a notice with the Secretary | ||||||
23 | of the Senate, Clerk of the House, or both, as applicable. The | ||||||
24 | notice shall identify any proposed redistricting plan measure | ||||||
25 | and subject matter that may be considered during that hearing. | ||||||
26 | The notice shall contain the day, hour, and place of the |
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1 | hearing. Prior to voting on any proposed redistricting plan, | ||||||
2 | each committee or joint committee shall hold at least 4 public | ||||||
3 | hearings on the proposed redistricting plan on separate days | ||||||
4 | around 4 distinct geographic regions of the State. At least 7 | ||||||
5 | days prior to those 4 public hearings, the committee or joint | ||||||
6 | committee shall make available to the public any proposed | ||||||
7 | redistricting plan, including a detailed map showing all | ||||||
8 | Legislative and Representative Districts established under the | ||||||
9 | plan and statistics demonstrating the total population of each | ||||||
10 | District and voting age population of any racial minority or | ||||||
11 | language minority within each District. | ||||||
12 | (Source: 09600SB3976enr.) | ||||||
13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law.".
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