HC0053 98TH GENERAL ASSEMBLY

LRB098 21970 MGM 60837 e

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0053

Introduced , by Rep. Mike Smiddy

SYNOPSIS AS INTRODUCED:

ILCON Art. IV, Sec. 3

Proposes to amend the Legislature Article of the Illinois Constitution. Establishes an Independent Redistricting Commission. Requires the Commission to adopt and file a redistricting plan with the Secretary of State by June 30 of the year following each federal decennial census. Sets forth criteria the Commission is to use in the formulation of that plan. Requires the Commission to hold public hearings regarding its proposed redistricting plans. Sets forth provisions concerning the number of votes needed for the Commission to take official action. Subject to limited exceptions, requires meetings and records of the Commission to be open to the public. Establishes a procedure for the selection of Commissioners. Establishes eligibility criteria for persons involved with the Commission's work. Provides that, if the Commission fails to adopt and file with the Secretary of State a district plan by June 30 of the year following a federal decennial census, then the Chief Justice of the Supreme Court and the most senior Judge of the Supreme Court who is not affiliated with the same political party as the Chief Justice shall appoint a Special Commissioner for Redistricting by July 31 of the year following the applicable federal decennial census. Requires the Special Commissioner to design and file a district plan with the Secretary of State by August 31 of that year. Effective upon being declared adopted.

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE 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 Section 3 of Article IV of the Illinois Constitution as follows:

ARTICLE IV

THE LEGISLATURE

(ILCON Art. IV, Sec. 3)

SECTION 3. LEGISLATIVE REDISTRICTING

(a) The Independent Redistricting Commission, comprised of eleven Commissioners, shall adopt and file with the Secretary of State a district plan for Legislative Districts and Representative Districts by June 30 of the year following each federal decennial census.

Legislative Districts shall be compact, contiguous and substantially equal in population. Representative Districts shall be compact, contiguous, and substantially equal in population. The district plan shall comply with federal law. Subject to the foregoing, the Commission shall apply the following criteria: (1) the district 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) districts shall respect the geographic integrity of units of local government; (3) districts 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; and (4) the district plan shall not either purposefully or significantly discriminate against or favor any political party or group. In designing the district plan, the Commission shall consider party registration and voting history data only to assess compliance with the foregoing criteria, and shall not consider the residence of any person.

The Commission shall hold at least one public hearing in each Judicial District before, and at least one public hearing in each Judicial District after, releasing the initial proposed district plan. The Commission may not adopt a final district plan unless the plan is to be adopted without further amendment, and public notice of a report explaining its compliance with this Constitution and the criteria applied has been given at least seven days before the final vote on such plan. Upon adoption, a district plan shall have the force and effect of law and shall be published promptly by the Secretary of State.

The State Board of Elections shall provide the Commission and the public with complete and accurate census information and technology sufficient to propose district plans. The Commission shall adopt rules governing its procedures and the implementation of matters under this Section.

(b) The Commission shall act in public meetings by an affirmative vote of six Commissioners, except that approval of any district plan shall require the affirmative vote of at least seven Commissioners, which shall include (1) at least two 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 (2) at least two 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 majority of its quorum, except for meetings qualified under attorney-client privilege during pending litigation, shall be open to the public and public notice shall be given at least two days prior to any 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 during pending litigation. The Commission may retain assistance from counsel, technical staff, and other persons with relevant skills, and shall be provided with adequate resources by the General Assembly to complete its work.

(c) For the purpose of conducting the Commissioner selection process, an Applicant Review Panel comprising three Reviewers shall be chosen in the following manner in the year in which each federal decennial census occurs. Beginning not later than January 1 and ending not later than March 1 of the year in which the census occurs, the Auditor General shall request and accept applications to serve as Reviewers. By March 31, the Auditor General shall appoint a Panel of three Reviewers, selected by random draw from eligible applicants.

The Panel shall act in public meetings by an affirmative vote of two Reviewers. All meetings of the Panel shall be open to the public and public notice shall be given at least two days prior to any meeting. All records of the Panel, including applications to serve on the Panel or the Commission, shall be open for public inspection, except private information about applicants for which there is no compelling public interest in disclosure. The Panel may retain assistance from counsel, technical staff, and other persons with relevant skills, and shall be provided with adequate resources by the General Assembly to complete its work.

(d) A Commission shall be chosen in the manner set forth in this subsection (d) in the year in which each federal decennial census occurs.

Beginning not later than January 1 and ending not later than March 1 of the year in which the census occurs, the Auditor General shall request and accept applications to serve as Commissioners.

By May 31, the Applicant Review Panel shall select one hundred eligible applicants based on their relevant analytical skills, impartiality, and ability to contribute to a fair redistricting process, and shall ensure that such applicants reflect the demographic and geographic diversity of the State. The Speaker and Minority Leader of the House of Representatives and the President and Minority Leader of the Senate each may remove up to five of the applicants selected by the Panel.

By June 30, the Panel shall publicly select seven Commissioners by random draw from the remaining applicants; of those seven Commissioners, including any replacements, (1) the seven 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 this Constitution, (2) two Commissioners shall be affiliated with the political party whose candidate for Governor received the most votes cast in the last general election for Governor, two Commissioners shall be affiliated with the political party whose candidate for Governor received the second-most votes cast in such election, and the remaining three Commissioners shall not be affiliated with either such political party, and (3) no more than two 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 on the basis of the applicant's contribution to the demographic and geographic diversity of the Commission.

(e) To be eligible to serve as a Reviewer, a person must have education and experience in the examination and assessment of personnel, records, systems, or procedures for ten years preceding his or her application, must have demonstrated understanding of and adherence to standards of ethical conduct, and must not have been affiliated with any political party within the three years preceding appointment. To be eligible to serve as a Commissioner, Special Commissioner, or Reviewer, a person (1) must be a resident and registered voter of the State for the four years preceding appointment, (2) within the three years preceding appointment, must not have been the holder of, or a candidate for, any public office in the State, an employee or officer of the State or a unit of local government or a political party, registered as a lobbyist anywhere in the United States, or party to a contract to provide goods or services to the State or a principal, officer, or executive employee of such a contractor, and (3) within the three years preceding appointment, must not have resided with any person described in clause (2) of this subsection.

(f) If the Commission fails to adopt and file a district plan with the Secretary of State by June 30 of the year following a federal decennial census, the Chief Justice of the Supreme Court and the most senior Judge of the Supreme Court who is not affiliated with the same political party as the Chief Justice shall jointly appoint a Special Commissioner for Redistricting by July 31. The Special Commissioner shall design and file with the Secretary of State by August 31 a district plan satisfying the requirements and criteria set forth in subsection (a) and a report explaining its compliance with this Constitution and the criteria applied. The Special Commissioner shall hold at least one public hearing in the State before releasing his or her initial proposed district plan and at least one public hearing in a different location in the State after releasing his or her initial proposed district plan and before filing the final district plan with the Secretary of State. Upon its filing, the final district plan filed by the Special Commissioner shall have the force and effect of law and shall be published promptly by the Secretary of State. In the year following each Federal decennial census year, the General Assembly by law shall redistrict the Legislative Districts and the Representative Districts.

If no redistricting plan becomes effective by June 30 of that year, a Legislative Redistricting Commission shall be constituted 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 to the Commission one Senator and one person who is not a member of the General Assembly.

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. A Chairman and Vice Chairman shall be chosen by a majority of all members of the Commission.

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.

An approved redistricting 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.

(g) The Supreme Court shall have original and exclusive jurisdiction in cases relating to matters under this Section. The Commission shall have exclusive authority, and shall be provided adequate resources by the General Assembly, to defend any district plan adopted and filed by the Commission. 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.