99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SENATE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
SC0030

 

Introduced 4/18/2016, by Sen. Kwame Raoul

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. IV, Sec. 2
ILCON Art. IV, Sec. 3
ILCON Art. IV, Sec. 3.1 new

    Proposes to amend the Legislature Article of the Illinois Constitution concerning the decennial redistricting of Legislative and Representative Districts. Provides that the Senate, by resolution, instead of "the General Assembly by law", shall divide the Legislative Districts into 3 groups for the determination of terms of office. Eliminates the requirement that Legislative Districts be divided into 2 Representative Districts. Provides criteria for creating districts. Provides for the General Assembly to redistrict Legislative and Representative Districts by law by June 20. If that fails, provides for the Senate to redistrict Legislative Districts and the House to redistrict Representative Districts, each by resolution adopted by three-fifths of the members elected. If no resolution is adopted by July 20, provides for a Senate or House Redistricting Commission to redistrict by August 20. If that fails, provides for a Special Master. If that fails or a bill, resolution, or plan is invalidated, the General Assembly may redistrict by law. Requires hearings and allows for the public to submit plans. Further proposes to amend the Legislature Article of the Illinois Constitution concerning the decennial redistricting of Congressional Districts. Provides criteria for creating districts. Provides for the General Assembly to redistrict Congressional Districts by law by June 20. If that fails, provides for a Special Master. If that fails or a bill or plan is invalidated, the General Assembly may redistrict by law. Requires hearings and allows for the public to submit plans. Effective upon being declared adopted.


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1
SENATE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE SENATE OF THE NINETY-NINTH GENERAL
4ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
5CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to add Section 3.1 to, and to
9amend Sections 2 and 3 of Article IV of, the Illinois
10Constitution as follows:
 
11
ARTICLE IV
12
THE LEGISLATURE

13    (ILCON Art. IV, Sec. 2)
14SECTION 2. LEGISLATIVE COMPOSITION
15    (a) One Senator shall be elected from each Legislative
16District. Immediately following each decennial redistricting,
17the Senate, by resolution, General Assembly by law shall divide
18the Legislative Districts as equally as possible into three
19groups. Senators from one group shall be elected for terms of
20four years, four years and two years; Senators from the second
21group, for terms of four years, two years and four years; and
22Senators from the third group, for terms of two years, four
23years and four years. The Legislative Districts in each group

 

 

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1shall be distributed substantially equally over the State.
2    (b) One Each Legislative District shall be divided into two
3Representative Districts. In 1982 and every two years
4thereafter one Representative shall be elected from each
5Representative District for a term of two years.
6    (c) To be eligible to serve as a member of the General
7Assembly, a person must be a United States citizen, at least 21
8years old, and for the two years preceding his election or
9appointment a resident of the district which he is to
10represent. In the general election following a redistricting, a
11candidate for the General Assembly may be elected from any
12district which contains a part of the district in which he
13resided at the time of the redistricting and reelected if a
14resident of the new district he represents for 18 months prior
15to reelection.
16    (d) Within thirty days after a vacancy occurs, it shall be
17filled by appointment as provided by law. If the vacancy is in
18a Senatorial office with more than twenty-eight months
19remaining in the term, the appointed Senator shall serve until
20the next general election, at which time a Senator shall be
21elected to serve for the remainder of the term. If the vacancy
22is in a Representative office or in any other Senatorial
23office, the appointment shall be for the remainder of the term.
24An appointee to fill a vacancy shall be a member of the same
25political party as the person he succeeds.
26    (e) No member of the General Assembly shall receive

 

 

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1compensation as a public officer or employee from any other
2governmental entity for time during which he is in attendance
3as a member of the General Assembly.
4    No member of the General Assembly during the term for which
5he was elected or appointed shall be appointed to a public
6office which shall have been created or the compensation for
7which shall have been increased by the General Assembly during
8that term.
9(Source: Amendment adopted at general election November 4,
101980.)
 
11    (ILCON Art. IV, Sec. 3)
12SECTION 3. LEGISLATIVE REDISTRICTING
13    (a) Legislative Districts and Representative Districts
14shall each, in order of priority, be substantially equal in
15population; provide racial minorities and language minorities
16with the equal opportunity to participate in the political
17process and elect candidates of their choice; provide racial
18minorities and language minorities who constitute less than a
19voting-age majority of a District with an opportunity to
20control or substantially influence the outcome of an election;
21respect, to the extent practical, communities of interest; be
22compact; respect, to the extent practical, municipal
23boundaries; and be contiguous compact, contiguous and
24substantially equal in population. Representative Districts
25shall be compact, contiguous, and substantially equal in

 

 

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1population.
2    (b) In the year following each Federal decennial census
3year, the General Assembly by law shall redistrict the
4Legislative Districts and the Representative Districts,
5subject to the hearing and notice requirements of subsection
6(c).
7    A bill passed by the General Assembly pursuant to this
8subsection shall be presented to the Governor not later than
9June 3. The foregoing requirement shall be judicially
10enforceable. If the Governor approves the bill, then the
11Governor shall sign it by June 10 and it shall become law. If
12the Governor vetoes the bill or makes specific recommendations
13for change to the bill, then the Governor shall return it with
14his or her objections or specific recommendations by June 10
15directly to the house in which it originated whether or not the
16General Assembly is in recess or adjourned. Any bill not so
17returned on or before June 10 of that year shall become law.
18    A vetoed bill or bill returned with specific
19recommendations for change shall be considered in the manner
20set forth in this subsection notwithstanding any provision of
21Section 9 of this Article to the contrary. Not later than June
2215, the originating house may either override the Governor's
23veto or specific recommendations for change by a record vote of
24three-fifths of the members elected or accept the Governor's
25specific recommendations for change by a record vote of a
26majority of the members elected. If the originating house

 

 

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1passes the bill by the required vote, then it shall be
2delivered immediately to the second house, which, not later
3than June 20, may take the same action as the originating house
4by the same record vote requirements applicable to the
5originating house. A bill having received the required record
6vote in both houses shall become law and shall take effect
7immediately notwithstanding any provision of Section 10 of this
8Article to the contrary. If no redistricting bill for the
9Legislative Districts or Representative Districts, or both,
10becomes law by June 20 of that year, then the General Assembly
11may not redistrict by law for the remainder of that year,
12except as provided in subsection (f).
13    If no redistricting bill for the Legislative Districts or
14Representative Districts, or both, becomes law by June 20 of
15that year, then the Senate may redistrict Legislative Districts
16and the House of Representatives may redistrict the
17Representative Districts, as applicable, by resolution adopted
18by a record vote of three-fifths of the members elected to that
19house, subject to the hearing and notice requirements of
20subsection (c). An adopted redistricting resolution shall be
21filed with the Secretary of State by the presiding officer of
22the house that adopted the resolution not later than July 20.
23    If no redistricting resolution is filed for the Legislative
24Districts or Representative Districts, or both, by July 20,
25then not later than August 20 the Senate Redistricting
26Commission shall redistrict the Legislative Districts and the

 

 

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1House Redistricting Commission shall redistrict the
2Representative Districts, as applicable, each in a manner
3consistent with subsection (e).
4    (c) In the year following each Federal decennial census
5year, the Senate and House of Representatives shall each
6establish a committee to consider proposals to redistrict the
7Legislative Districts or Representative Districts, as
8applicable. Each committee shall conduct at least five public
9hearings statewide to receive testimony and inform the public
10on the applicable existing Districts, with one hearing held in
11each of five distinct geographic regions of the State
12determined by the respective committee. All hearings of a
13committee shall be open to the public. The Chairperson of each
14committee shall, no later than six days before any proposed
15hearing, post a notice with the Secretary of the Senate or
16Clerk of the House, as applicable. The notice shall identify
17any measure and subject matter that may be considered during
18that hearing. The notice shall contain the day, hour, and place
19of the hearing.
20    If a committee favorably reports a redistricting
21resolution or bill redistricting the Legislative Districts or
22Representative Districts, or both, as applicable, then the
23committee shall conduct at least one final hearing in each of
24five distinct geographic regions previously determined by the
25committee in order to receive testimony and inform the public
26of the proposed Districts. All hearings of a committee shall be

 

 

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1open to the public. The Chairperson shall, no later than two
2days before any proposed hearing, post a notice with the
3Secretary of the Senate or Clerk of the House, as applicable.
4The notice shall identify any measure and subject matter that
5may be considered during that hearing. The notice shall contain
6the day, hour, and place of the hearing. After the committee
7completes the required hearings, then the Senate or House of
8Representatives, or both, as applicable, may amend a
9redistricting bill or resolution and may take final action on
10the bill or resolution.
11    (d) As soon as practical, the General Assembly shall make
12available to the public, the Commissions, and the Special
13Masters all Federal decennial census data it receives from the
14Federal government and any other data required by law. The
15General Assembly shall provide a means by which members of the
16public may submit redistricting proposals or comment on or
17obtain a copy of any proposal submitted to the Senate, the
18House, a Commission, or a Special Master.
19    (e) By February 1 of the year following each Federal
20decennial census year, If no redistricting plan becomes
21effective by June 30 of that year, a Senate Legislative
22Redistricting Commission shall be constituted and consist of
23ten members, no more than five not later than July 10. The
24Commission shall consist of eight members, no more than four of
25whom shall be members of the same political party. The Speaker
26and Minority Leader of the House of Representatives shall each

 

 

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1appoint to the Commission one Representative and one person who
2is not a member of the General Assembly. The President and
3Minority Leader of the Senate shall each appoint five persons
4to the Commission, no more than two of whom shall be Senators
5one Senator and at least three of whom shall be persons one
6person who do not hold an elected or a political party office,
7are not employees of the General Assembly, are not employees of
8a political party, are not immediate family members of a member
9of the General Assembly or Congress, and are not lobbyists as
10defined by law.
11    By February 1 of the year following each Federal decennial
12census year, a House of Representatives Redistricting
13Commission shall be constituted and consist of ten members, no
14more than five of whom shall be members of the same political
15party. The Speaker and Minority Leader of the House of
16Representatives shall each appoint five persons to the
17Commission, no more than two of whom shall be Representatives
18and at least three of whom shall be persons who do not hold an
19elected or a political party office, are not employees of the
20General Assembly, are not employees of a political party, are
21not immediate family members of a member of the General
22Assembly or Congress, and are not lobbyists as defined by law.
23    An "immediate family member", for purposes of this Section
24and Section 3.1, is a person with whom the person has a bona
25fide relationship established through close blood or legal
26relationship, including parents, siblings, children, spouses,

 

 

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1and first cousins is not a member of the General Assembly.
2    Persons appointed to each Commission should reflect the
3racial, ethnic, geographic, and cultural diversity of the
4State.
5    The members shall be certified to the Secretary of State by
6the appointing authorities. A vacancy on the Commission shall
7be filled within five days by the authority that made the
8original appointment. For each Commission, a Chairperson A
9Chairman and Vice Chairperson Chairman shall be chosen by a
10majority of all members of the Commission.
11    Each Redistricting Commission shall conduct at least ten
12public hearings statewide to receive testimony and inform the
13public, with two hearings held in each of five distinct
14geographic regions of the State determined by the respective
15Commission. All hearings of a Commission shall be open to the
16public. The Chairperson of the Commission shall, no later than
17six days before any proposed hearing, post a notice with the
18Secretary of the Senate or Clerk of the House, as applicable,
19who shall immediately make the notice available to the public.
20The notice shall identify any measure and subject matter that
21may be considered during that hearing. The notice shall contain
22the day, hour, and place of the hearing. Each Commission shall
23conduct the public hearings by April 1 of that year and must
24file a report with its respective chamber regarding its
25hearings, including hearing transcripts. Each Commission shall
26also file a copy of its report and hearing transcripts with the

 

 

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1State Board of Elections, which shall make the report and
2hearing transcripts available to the public.
3    If no law redistricting the Legislative Districts or
4Representative Districts, or both, takes effect by June 20 and
5the Senate or House, as applicable, fails to file a
6redistricting resolution with the Secretary of State by July
720, then the applicable Redistricting Commission, by
8resolution adopted by a record vote of at least six
9Commissioners, shall redistrict the Legislative Districts or
10Representative Districts, as applicable. If a Commission
11adopts a redistricting resolution, then the Commission shall
12conduct at least one public hearing in each of the five
13distinct geographic regions previously determined by the
14Commission in order to receive testimony and inform the public
15of the redistricting plan. The Commission must complete the
16required hearings prior to filing an adopted redistricting
17resolution with the Secretary of State. All hearings of a
18Commission shall be open to the public. The Chairperson of the
19Commission shall, no later than two days before any proposed
20hearing, post a notice with the Secretary of the Senate or
21Clerk of the House, as applicable, who shall immediately make
22the notice available to the public. The notice shall identify
23any measure and subject matter that may be considered during
24that hearing. The notice shall contain the day, hour, and place
25of the hearing. The Commission shall file an adopted resolution
26with the Secretary of State not later than August 20.

 

 

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1    If a Redistricting Commission fails to file an adopted
2resolution by August 20, then the Supreme Court Judges most
3senior from each political party represented on the Supreme
4Court shall jointly appoint one person to act as Special Master
5to redistrict the Legislative Districts and a different person
6to act as Special Master to redistrict the Representative
7Districts, as applicable. A Special Master shall be a person
8who does not hold an elected or a political party office, is
9not an employee of the General Assembly, is not an employee of
10a political party, is not a member of the General Assembly or
11Congress, is not an immediate family member of a member of the
12General Assembly or Congress, and is not a lobbyist as defined
13by law. The Special Master shall be appointed and certified to
14the Secretary of State not later than August 27. The
15appointment of the Special Master by any Supreme Court Judge
16shall not be considered an actual or potential conflict of
17interest for which the Judge shall recuse himself or herself
18from any action concerning redistricting the House and Senate.
19    The Special Master may consider any redistricting plan
20filed by members of the General Assembly, the applicable
21Commission, or members of the public. The Special Master shall
22conduct at least one public hearing in each of the five
23distinct geographic regions previously determined by the
24applicable Commission in order to receive testimony and inform
25the public of the redistricting plan. The Special Master must
26complete the required public hearings prior to filing a

 

 

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1redistricting plan with the Secretary of State. All hearings
2conducted by a Special Master shall be open to the public. The
3Special Master shall, no later than two days before any
4proposed hearing, post a notice with the Secretary of the
5Senate or Clerk of the House, as applicable, who shall
6immediately make the notice available to the public. The notice
7shall identify any measure and subject matter that may be
8considered during that hearing. The notice shall contain the
9day, hour, and place of the hearing. The Special Master shall
10file a redistricting plan for the Legislative Districts or
11Representative Districts, as applicable, with the Secretary of
12State not later than October 5.
13    (f) If a redistricting bill, resolution, or plan is
14invalidated in whole or in part by a court of competent
15jurisdiction or a redistricting plan is not filed with the
16Secretary of State by October 5, then the General Assembly may
17redistrict by law.
18    Not later than August 10, the Commission shall file with
19the Secretary of State a redistricting plan approved by at
20least five members.
21    If the Commission fails to file an approved redistricting
22plan, the Supreme Court shall submit the names of two persons,
23not of the same political party, to the Secretary of State not
24later than September 1.
25    Not later than September 5, the Secretary of State publicly
26shall draw by random selection the name of one of the two

 

 

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1persons to serve as the ninth member of the Commission.
2    Not later than October 5, the Commission shall file with
3the Secretary of State a redistricting plan approved by at
4least five members.
5    (g) A An approved redistricting resolution or plan filed
6with the Secretary of State shall be presumed valid, shall have
7the force and effect of law and shall be published promptly by
8the Secretary of State.
9    (h) The Supreme Court shall have original and exclusive
10jurisdiction over actions concerning redistricting the House
11and Senate, which shall be initiated in the name of the People
12of the State by the Attorney General.
13(Source: Amendment adopted at general election November 4,
141980.)
 
15    (ILCON Art. IV, Sec. 3.1 new)
16SECTION 3.1. CONGRESSIONAL REDISTRICTING
17    (a) Congressional Districts shall each, in order of
18priority, be substantially equal in population; provide racial
19minorities and language minorities with the equal opportunity
20to participate in the political process and elect candidates of
21their choice; provide racial minorities and language
22minorities who constitute less than a voting-age majority of a
23District with an opportunity to control or substantially
24influence the outcome of an election; be compact; respect, to
25the extent practical, communities of interest; respect, to the

 

 

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1extent practical, municipal boundaries; and be contiguous.
2    (b) In the year following each Federal decennial census
3year, the Senate and House of Representatives shall each
4establish a committee to consider proposals to redistrict
5Congressional Districts. Each committee shall conduct at least
6five public hearings statewide to receive testimony and inform
7the public on the applicable existing Districts, with one
8hearing held in each of five distinct geographic regions of the
9State determined by the respective committee. All hearings of a
10committee shall be open to the public. The Chairperson of each
11committee shall, no later than six days before any proposed
12hearing, post a notice with the Secretary of the Senate or
13Clerk of the House, as applicable. The notice shall identify
14any measure and subject matter that may be considered during
15that hearing. The notice shall contain the day, hour, and place
16of the hearing. If a committee favorably reports a bill
17redistricting Congressional Districts, then the committee
18shall conduct at least one final hearing in each of five
19distinct geographic regions previously determined by the
20committee in order to receive testimony and inform the public
21of the proposed Districts. All hearings of a committee shall be
22open to the public. The Chairperson shall, no later than two
23days before any proposed hearing, post a notice with the
24Secretary of the Senate or Clerk of the House, as applicable.
25The notice shall identify any measure and subject matter that
26may be considered during that hearing. The notice shall contain

 

 

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1the day, hour, and place of the hearing. After the committee
2completes the required hearings, then the Senate or House of
3Representatives, or both, as applicable, may amend a
4redistricting bill, and may take final action on the bill.
5    (c) As soon as practical, the General Assembly shall make
6available to the public all Federal decennial census data it
7receives from the Federal government and any other data
8required by law. The General Assembly shall provide a means by
9which members of the public may submit redistricting proposals
10or comment on or obtain a copy of any proposal submitted to the
11Senate, the House, a Commission, or a Special Master.
12    (d) In the year following each Federal decennial census
13year, the General Assembly by law shall redistrict the
14Congressional Districts, subject to the hearing and notice
15requirements of subsection (b). A bill passed by the General
16Assembly pursuant to this subsection shall be presented to the
17Governor not later than June 3. The foregoing requirement shall
18be judicially enforceable. If the Governor approves the bill,
19then the Governor shall sign it by June 10 and it shall become
20law. If the Governor vetoes the bill or makes specific
21recommendations for change to the bill, then the Governor shall
22return it with his or her objections or specific
23recommendations by June 10 directly to the house in which it
24originated whether or not the General Assembly is in recess or
25adjourned. Any bill not so returned on or before June 10 of
26that year shall become law. A vetoed bill or bill returned with

 

 

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1specific recommendations for change shall be considered in the
2manner set forth in this subsection notwithstanding any
3provision of Section 9 of this Article to the contrary. Not
4later than June 15, the originating house may either override
5the Governor's veto or specific recommendations for change by a
6record vote of three-fifths of the members elected or accept
7the Governor's specific recommendations for change by a record
8vote of a majority of the members elected. If the originating
9house passes the bill by the required vote, then it shall be
10delivered immediately to the second house, which, not later
11than June 20, may take the same action as the originating house
12by the same record vote requirements applicable to the
13originating house. A bill having received the required record
14vote in both houses shall become law and shall take effect
15immediately notwithstanding any provision of Section 10 of this
16Article to the contrary.
17    (e) If no bill redistricting Congressional Districts
18becomes law by June 20, then the Supreme Court Judges most
19senior from each political party represented on the Supreme
20Court shall jointly appoint one person to act as Special Master
21to redistrict the Congressional Districts. A Special Master
22shall be a person who does not hold an elected or a political
23party office, is not an employee of the General Assembly or
24Congress, is not an employee of a political party, is not a
25member of the General Assembly or Congress, is not an immediate
26family member of a member of the General Assembly or Congress,

 

 

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1and is not a lobbyist as defined by law. The Special Master
2shall be appointed and certified to the Secretary of State not
3later than June 27. The appointment of the Special Master by
4any Supreme Court Judge shall not be considered an actual or
5potential conflict of interest for which the Judge shall recuse
6himself or herself from any action concerning redistricting.
7The Special Master may consider any redistricting plan filed by
8members of the General Assembly or members of the public. The
9Special Master shall conduct at least one public hearing in
10each of five distinct geographic regions determined by the
11Special Master in order to receive testimony and inform the
12public of the redistricting plan. The Special Master must
13complete the required public hearings prior to filing a
14redistricting plan with the Secretary of State. All hearings
15conducted by a Special Master shall be open to the public. The
16Special Master shall, no later than two days before any
17proposed hearing, post a notice with the Secretary of the
18Senate and Clerk of the House who shall immediately make the
19notice available to the public. The notice shall identify any
20measure and subject matter that may be considered during that
21hearing. The notice shall contain the day, hour, and place of
22the hearing. The Special Master shall file a redistricting plan
23for Congressional Districts with the Secretary of State not
24later than October 5.
25    (f) If a redistricting bill or plan is invalidated in whole
26or in part by a court of competent jurisdiction or a

 

 

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1redistricting plan is not filed with the Secretary of State by
2October 5, then the General Assembly may redistrict by law.
 
3
SCHEDULE
4    This Constitutional Amendment takes effect upon being
5declared adopted in accordance with Section 7 of the Illinois
6Constitutional Amendment Act and applies to redistricting
7beginning in 2021 and to the election of members of the General
8Assembly beginning in 2022.