HB1393 97TH GENERAL ASSEMBLY

LRB097 06723 HLH 46810 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1393

Introduced , by Rep. Mike Fortner

SYNOPSIS AS INTRODUCED:

New Act

Creates the Illinois Voting Rights Act of 2011. Provides that Legislative Districts and Representative Districts shall be drawn to create majority-minority districts, crossover districts, coalition districts, or influence districts. Defines "majority-minority district", "crossover district", "coalition district", and "influence district". Provides that nothing in the Act shall be construed, applied, or implemented in a way that imposes any requirement or obligation that conflicts with the United States Constitution, any federal law regarding redistricting Legislative Districts or Representative Districts, or the Illinois Constitution. Provides that, if there is a violation of the Act, the redistricting plan shall be redrawn to the least extent necessary to remedy the violation. Creates the Redistricting Transparency and Public Participation Act. In the year following each federal decennial census year, provides for the Senate and House of Representatives to each establish a committee, or to establish a joint committee, to consider proposals to redistrict the Legislative Districts or Representative Districts, as applicable. Provides for notices and hearings. 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:

Article 5. ILLINOIS VOTING RIGHTS ACT OF 2011

Section 5-1. Short title. This Article may be cited as the Illinois Voting Rights Act of 2011. All references in this Article to "this Act" mean this Article.

Section 5-5. Redistricting.

(a) In any redistricting plan pursuant to Article IV, Section 3 of the Illinois Constitution, Legislative Districts and Representative Districts shall be drawn, subject to subsection (d) of this Section, to create majority-minority districts, crossover districts, coalition districts, or influence districts. The number of majority-minority districts created throughout the entire redistricting plan for a specific racial minority or language minority shall be substantially proportional to the total population of the respective racial minority or language minority within the State. Legislative and Representative Districts shall not be drawn with the intent or effect of dispersing or concentrating racial or language minority populations in a manner that prevents a racial minority or language minority from electing its candidates of choice. The requirements imposed by this Article are in addition and subordinate to any requirements or obligations imposed by the United States Constitution, any federal law regarding redistricting Legislative Districts or Representative Districts, including but not limited to the federal Voting Rights Act, and the Illinois Constitution.

(b) The phrase "crossover district" means a district where a racial minority or language minority constitutes less than a majority of the voting-age population but where this minority, at least potentially, is large enough to elect the candidate of its choice with help from voters who are members of the majority and who cross over to support the minority's preferred candidate. The phrase "coalition district" means a district where more than one group of racial minorities or language minorities may form a coalition to elect the candidate of the coalition's choice. The phrase "influence district" means a district where a racial minority or language minority can influence the outcome of an election even if its preferred candidate cannot be elected. The phrase "majority-minority district" means a district where a racial minority or language minority compose a numerical majority of the voting-age population and are able to elect a candidate of their choice.

(c) For purposes of this Act, the phrase "racial minorities or language minorities", in either the singular or the plural, means the same class of voters who are members of a race, color, or language minority group receiving protection under the federal Voting Rights Act, 42 U.S.C. § 1973; 42 U.S.C. § 1973b(f)(2); 42 U.S.C. § 1973aa-1a(e).

(d) Nothing in this Act shall be construed, applied, or implemented in a way that imposes any requirement or obligation that conflicts with the United States Constitution, any federal law regarding redistricting Legislative Districts or Representative Districts, including but not limited to the federal Voting Rights Act, or the Illinois Constitution.

(e) In the event of a violation of this Act, the redistricting plan shall be redrawn to the least extent necessary to remedy the violation.

Article 10. REDISTRICTING TRANSPARENCY AND PUBLIC

PARTICIPATION ACT

Section 10-1. Short title. This Article may be cited as the Redistricting Transparency and Public Participation Act. All references in this Article to "this Act" mean this Article.

Section 10-5. Committees; notices; hearings; public participation. In the year following each federal decennial census year, the Senate and House of Representatives shall 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, as applicable. Within 3 days after receipt of the data from the United States Census Bureau, the committee shall make that data, together with redistricting software, available to the public. Each committee or joint committee must conduct at least 4 public hearings on separate days around 4 distinct geographic regions of the State. At least 3 of the hearings shall be after receipt of the data from the United States Census Bureau. All hearings shall be open to the public. The Chairperson of each committee or the Co-Chairpersons of a joint committee, as applicable, shall, no later than 6 days before any proposed hearing, post a notice with the Secretary of the Senate, Clerk of the House, or both, as applicable. The notice shall identify any proposed redistricting plan and subject matter that may be considered during that hearing. The notice shall contain the day, hour, and place of the hearing. Prior to voting on any proposed redistricting plan, each committee or joint committee shall hold at least 4 public hearings on the proposed redistricting plan on separate days around 4 distinct geographic regions of the State. At least 7 days prior to those 4 public hearings, the committee or joint committee shall make available to the public any proposed redistricting plan, including a detailed map showing all Legislative and Representative Districts established under the plan and statistics demonstrating the total population of each District and voting age population of any racial minority or language minority within each District.

Article 99. EFFECTIVE DATE

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