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| 1 | | AN ACT concerning elections.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 1. Short title. This Act may be cited as the No |
| 5 | | Representation Without Population Act.
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| 6 | | Section 3. Definitions. |
| 7 | | "Department" means the Illinois Department of Corrections.
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| 8 | | Section 5. Electronic records. The Department shall |
| 9 | | collect and maintain an electronic record of the legal |
| 10 | | residence, outside of any correctional facility, and other |
| 11 | | demographic data for each person entering its custody after |
| 12 | | January 1, 2014. At a minimum, this record shall contain the |
| 13 | | person's last known complete street address prior to |
| 14 | | incarceration, the person's race, whether the person is of |
| 15 | | Hispanic or Latino origin, and whether the person is 18 years |
| 16 | | of age or older. To the degree possible, the Department shall |
| 17 | | also allow the legal residence to be updated as appropriate.
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| 18 | | Section 10. Reports to the Secretary of State. |
| 19 | | (a) In each year where the federal decennial census is |
| 20 | | taken but in which the United States Bureau of the Census |
| 21 | | allocates incarcerated persons as residents of correctional |
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| 1 | | facilities, the Department shall by May 1 of that same year |
| 2 | | deliver to the Secretary of State the following information: |
| 3 | | (1) A unique identifier, not including the name or |
| 4 | | Department-assigned inmate number, for each incarcerated |
| 5 | | person subject to the jurisdiction of the Department on the |
| 6 | | date for which the decennial census reports population. The |
| 7 | | unique identifier shall enable the Secretary of State to |
| 8 | | address inquiries about specific address records to the |
| 9 | | Department, without making it possible for anyone outside |
| 10 | | of the Department to identify the inmate to whom the |
| 11 | | address record pertains. |
| 12 | | (2) The street address of the correctional facility |
| 13 | | where the person was incarcerated at the time of the |
| 14 | | report. |
| 15 | | (3) The last known address of the person prior to |
| 16 | | incarceration or other legal residence, if known. |
| 17 | | (4) The person's race, whether the person is of |
| 18 | | Hispanic or Latino origin, and whether the person is age 18 |
| 19 | | or older, if known. |
| 20 | | (5) Any additional information as the Secretary of |
| 21 | | State may request pursuant to law. |
| 22 | | (b) The Department shall provide the information specified |
| 23 | | in subsection (a) of this Section in the form that the |
| 24 | | Secretary of State shall specify. |
| 25 | | (c) Notwithstanding any other provision of law, the |
| 26 | | information required to be provided to the Secretary of State |
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| 1 | | pursuant to this Section shall not include the name of any |
| 2 | | incarcerated person and shall not allow for the identification |
| 3 | | of any person therefrom, except to the Department. The |
| 4 | | information shall be treated as confidential, and shall not be |
| 5 | | disclosed by the Secretary of State except as redistricting |
| 6 | | data aggregated by census block for purposes specified in |
| 7 | | Section 25 of this Act.
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| 8 | | Section 15. Federal facilities. The Secretary of State |
| 9 | | shall request each agency that operates a federal facility in |
| 10 | | this State that incarcerates persons convicted of a criminal |
| 11 | | offense to provide the Secretary of State with a report |
| 12 | | including the information listed in subsection (a) of Section |
| 13 | | 10 of this Act.
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| 14 | | Section 25. Secretary of State; redistricting data. The |
| 15 | | Secretary of State shall prepare redistricting population data |
| 16 | | to reflect incarcerated persons at their residential address, |
| 17 | | pursuant to Section 30 of this Act. The data prepared by the |
| 18 | | Secretary of State shall be the basis of the Legislative and |
| 19 | | Representative Districts required to be created pursuant to |
| 20 | | Section 3 of Article IV of the Illinois Constitution of 1970. |
| 21 | | Incarcerated populations residing at unknown geographic |
| 22 | | locations within the State, as determined under subsection |
| 23 | | (c)(2) of Section 30 of this Act shall not be used to determine |
| 24 | | the ideal population of any set of districts, wards, or |
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| 1 | | precincts.
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| 2 | | Section 30. Determinations and data publication by the |
| 3 | | Secretary of State. |
| 4 | | (a) For each person included in a report received under |
| 5 | | Sections 10 and 15 of this Act, the Secretary of State shall |
| 6 | | determine the geographic units for which population counts are |
| 7 | | reported in the federal decennial census that contain the |
| 8 | | facility of incarceration and the legal residence as listed |
| 9 | | according to the report. |
| 10 | | (b) For each person included in a report received under |
| 11 | | Sections 10 and 15 of this Act, if the legal residence is known |
| 12 | | and in this State, the Secretary of State shall: |
| 13 | | (1) ensure that the person is not represented in any |
| 14 | | population counts reported by the Secretary of State for |
| 15 | | the geographic units that include the facility where the |
| 16 | | person was incarcerated, unless that geographic unit also |
| 17 | | includes the person's legal residence; and |
| 18 | | (2) ensure that any population counts reported by the |
| 19 | | Secretary of State reflect the person's residential |
| 20 | | address as reported under Sections 10 and 15 of this Act. |
| 21 | | (c) For each person included in a report received under |
| 22 | | Sections 10 and 15 of this Act for whom a legal residence is |
| 23 | | unknown or not in this State, and for all persons reported in |
| 24 | | the census as residing in a federal correctional facility for |
| 25 | | whom a report was not provided, the Secretary of State shall: |
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| 1 | | (1) ensure that the person is not represented in any |
| 2 | | population counts reported by the Secretary of State for |
| 3 | | the geographic units that include the facility where the |
| 4 | | person was incarcerated; and |
| 5 | | (2) allocate the person to a State unit not tied to a |
| 6 | | specific determined geographic location, as other State |
| 7 | | residents with unknown State addresses are allocated. |
| 8 | | (d) The data prepared by the Secretary of State pursuant to |
| 9 | | this Section shall be completed and published no later than 30 |
| 10 | | days after the date that federal decennial census data required |
| 11 | | to be published by Public Law 94-171 is published for the State |
| 12 | | of Illinois.
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| 13 | | Section 35. Data; Legislative and Representative |
| 14 | | Districts. The data prepared by the Secretary of State in |
| 15 | | Section 30 of this Act shall be used only as the basis for |
| 16 | | determining Legislative and Representative Districts. |
| 17 | | Residences at unknown geographic locations within the State |
| 18 | | under subsection (c) of Section 30 of this Act shall not be |
| 19 | | used to determine the ideal population of any set of districts, |
| 20 | | wards, or precincts. The data prepared by the Secretary of |
| 21 | | State in Section 30 of this Act shall not be used in the |
| 22 | | distribution of any State or federal aid.
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| 23 | | Section 97. Severability. The provisions of this Act are |
| 24 | | severable under Section 1.31 of the Statute on Statutes.
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