Full Text of SB0322 99th General Assembly
SB0322sam002 99TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 5/4/2016
| | 09900SB0322sam002 | | LRB099 02940 AWJ 48293 a |
|
| 1 | | AMENDMENT TO SENATE BILL 322
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 322, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. Short title. This Act may be cited as the | 6 | | Interstate Compact for Fair Representation Act. | 7 | | Section 5. Interstate Compact for Fair Representation. The | 8 | | Governor is hereby authorized to enter into a compact on behalf | 9 | | of this State with any state of the United States legally | 10 | | joining therein in the form substantially as follows: | 11 | | INTERSTATE COMPACT FOR FAIR REPRESENTATION | 12 | | Article I - Membership. | 13 | | Any state of the United States may become a member of this | 14 | | Interstate Compact for Fair Representation by enacting this |
| | | 09900SB0322sam002 | - 2 - | LRB099 02940 AWJ 48293 a |
|
| 1 | | agreement. | 2 | | Article II - Definitions. | 3 | | In this agreement the following words have the meanings | 4 | | indicated: | 5 | | (a) "Coalition district" means a district where more | 6 | | than one group of racial minorities or language minorities | 7 | | may form a coalition to elect the candidate of the | 8 | | coalition's choice. | 9 | | (b) "Commission" means the independent redistricting | 10 | | commission established by the compacting states under this | 11 | | agreement. | 12 | | (c) "Communities of interest" means a group of people | 13 | | concentrated in a geographic area, such as a specific | 14 | | region or neighborhood, who share similar social, | 15 | | cultural, ethnic, economic, religious, or political | 16 | | interests and priorities. | 17 | | (d) "Competitive district" means a district that has a | 18 | | substantially equal partisan balance. | 19 | | (e) "Crossover district" means a district where a | 20 | | racial minority or language minority constitutes less than | 21 | | a majority of the voting-age population but where this | 22 | | minority, at least potentially, is large enough to elect | 23 | | the candidate of its choice with help from voters who are | 24 | | members of the majority and who cross over to support the | 25 | | minority's preferred candidate. |
| | | 09900SB0322sam002 | - 3 - | LRB099 02940 AWJ 48293 a |
|
| 1 | | (f) "District" means a congressional or state | 2 | | legislative district. | 3 | | (g) "Influence district" means a district where a | 4 | | racial minority or language minority can influence the | 5 | | outcome of an election even if its preferred candidate | 6 | | cannot be elected. | 7 | | (h) "Language minority" means a class of voters who are | 8 | | members of a language group receiving protection under the | 9 | | federal Voting Rights Act. | 10 | | (i) "Member state" means each state that has enacted | 11 | | this agreement. | 12 | | (j) "Plan" means the redistricting plan drawn for a | 13 | | member state by the commission under this agreement. | 14 | | (k) "Racial minority" means a class of voters who are | 15 | | members of a race or color group receiving protection under | 16 | | the federal Voting Rights Act. | 17 | | Article III - Independent redistricting commission. | 18 | | Each member state shall establish an independent | 19 | | redistricting commission. Each member of the commission shall | 20 | | serve a 10-year term. The following applies to the selection of | 21 | | the members of the commission: | 22 | | (a) The selection process is intended to produce a | 23 | | commission that is independent from legislative influence | 24 | | and reasonably representative of the member state's | 25 | | diversity.
|
| | | 09900SB0322sam002 | - 4 - | LRB099 02940 AWJ 48293 a |
|
| 1 | | (b) The commission shall consist of 14 members: 5 who | 2 | | are affiliated with the largest political party in the | 3 | | member state; 5 who are affiliated with the second largest | 4 | | political party in the member state; and 4 who are not | 5 | | affiliated with either of the two largest political parties | 6 | | in the member state.
| 7 | | (c) To be considered affiliated with one of the 2 | 8 | | largest political parties in the member state, a commission | 9 | | member must have voted in 3 of the last 4 statewide primary | 10 | | elections for the same political party. To be considered | 11 | | unaffiliated with either of the 2 largest political parties | 12 | | in the member state, a commission member must have either | 13 | | (i) voted in no more than one of the last four statewide | 14 | | primary elections or (ii) voted for a political party that | 15 | | is not one of the 2 largest political parties in the member | 16 | | state in 2 or more of the last 4 statewide primary | 17 | | elections. An unaffiliated commission member who has made | 18 | | campaign contributions to one or both of the 2 largest | 19 | | political parties in the member state may not have | 20 | | contributed more to one party than the other, as determined | 21 | | by the state auditor.
| 22 | | (d) The commission must reflect the race and gender | 23 | | demographics of the state; | 24 | | (e) To the extent practicable, the commission should | 25 | | represent distinct geographic regions of the state | 26 | | according to population distribution; |
| | | 09900SB0322sam002 | - 5 - | LRB099 02940 AWJ 48293 a |
|
| 1 | | (f) To be eligible to become a member of the | 2 | | commission, an individual may not: | 3 | | (1) hold an elected office; | 4 | | (2) be a candidate for an elected office; | 5 | | (3) be the spouse, parent, or child of an | 6 | | individual who holds an elected office or is a | 7 | | candidate for elected office; | 8 | | (4) serve as an officer, an employee, or a paid | 9 | | consultant of a political party or candidate campaign | 10 | | for elected office; | 11 | | (5) be a registered lobbyist; or | 12 | | (6) have held elected office or run as a candidate | 13 | | for elected office at any time during the ten-year | 14 | | period ending on December 31 preceding the date of | 15 | | appointment. | 16 | | The state auditor shall accept applications from the member | 17 | | state's residents who meet the above qualifications for service | 18 | | on the commission. From the applicant pool, the state auditor | 19 | | shall, no later than May 1 of the year following a federal | 20 | | decennial census, select 60 of the most qualified applicants, | 21 | | including a subpool of 20 who are affiliated with the largest | 22 | | political party in the member state, a subpool of 20 who are | 23 | | affiliated with the second largest political party in the | 24 | | member state, and a subpool of 20 who are not affiliated with | 25 | | either of the two largest political parties in the member | 26 | | state. These applicants shall be selected on the basis of |
| | | 09900SB0322sam002 | - 6 - | LRB099 02940 AWJ 48293 a |
|
| 1 | | relevant analytical skills, ability to be impartial, and | 2 | | appreciation for the member state's diverse demographics and | 3 | | geography.
| 4 | | The state auditor shall present its pool of recommended | 5 | | applicants to the state legislature. The leaders of the | 6 | | political party with the greatest number of seats in each | 7 | | chamber of the state legislature, and the leaders of the | 8 | | political party with the second greatest number of seats in | 9 | | each chamber of the state legislature, may each strike up to 2 | 10 | | applicants from each subpool of 20 for a total of 8 possible | 11 | | strikes per subpool. If the member state has a unicameral | 12 | | legislature, the leader of the political party with the | 13 | | greatest number of seats in the state legislature and the | 14 | | leader of the political party with the second greatest number | 15 | | of seats in the state legislature may each strike up to 4 | 16 | | applicants from each subpool of 20. After all legislative | 17 | | leaders have exercised their strikes, and no later than May 15 | 18 | | of the year following a federal decennial census, the state | 19 | | legislature shall present the pool of remaining names to the | 20 | | state auditor. | 21 | | No later than June 1 of the year following a federal | 22 | | decennial census, the state auditor shall randomly draw 8 names | 23 | | from the remaining pool of applicants as follows: 3 from the | 24 | | remaining subpool of applicants affiliated with the largest | 25 | | political party in the member state; 3 from the remaining | 26 | | subpool of applicants affiliated with the second largest |
| | | 09900SB0322sam002 | - 7 - | LRB099 02940 AWJ 48293 a |
|
| 1 | | political party in the member state; and 2 from the remaining | 2 | | subpool of applicants who are not affiliated with either of the | 3 | | 2 largest political parties in the member state. These 8 | 4 | | individuals shall serve on commission.
| 5 | | No later than July 1 of the year following a federal | 6 | | decennial census, the 8 commissioners shall review the | 7 | | remaining names in the pool of applicants and appoint 6 | 8 | | applicants to the commission as follows: 2 from the remaining | 9 | | subpool of applicants affiliated with the largest political | 10 | | party in the member state; 2 from the remaining subpool of | 11 | | applicants affiliated with the second largest political party | 12 | | in the member state; and 2 from the remaining subpool of | 13 | | applicants who are not affiliated with either of the 2 largest | 14 | | political parties in the member state. The 6 appointees must be | 15 | | approved by at least 5 affirmative votes, which must include at | 16 | | least 2 votes of commissioners affiliated with each of the 2 | 17 | | largest parties and one vote from a commissioner who is not | 18 | | affiliated with either of the 2 largest political parties in | 19 | | the member state.
| 20 | | If the member state does not have a state auditor, the | 21 | | responsibilities of the state auditor set forth in this Compact | 22 | | shall be performed by a special master appointed by a majority | 23 | | of the judges of the member state's highest court.
| 24 | | Article IV - Vacancy. | 25 | | A vacancy in the commission shall be filled in the manner |
| | | 09900SB0322sam002 | - 8 - | LRB099 02940 AWJ 48293 a |
|
| 1 | | in which the original appointment was made. | 2 | | Article V - Independent redistricting plan. | 3 | | The commission shall develop a redistricting plan for the | 4 | | member state's congressional and state legislative districts. | 5 | | The commission's starting point for drawing the plan shall be | 6 | | the member state's census tract map according to the most | 7 | | recent federal decennial census. Adjustments to the map shall | 8 | | then be made as necessary to accomplish the goals as set forth | 9 | | below. Each district shall, in order of priority: | 10 | | (a) be substantially equal in population; | 11 | | (b) be consistent with the federal Voting Rights Act | 12 | | and any other applicable federal or state law; | 13 | | (c) provide racial minorities and language minorities | 14 | | with the equal opportunity to participate in the political | 15 | | process and elect candidates of their choice; | 16 | | (d) create crossover districts, coalition districts, | 17 | | or influence districts to provide racial minorities and | 18 | | language minorities who constitute less than a voting-age | 19 | | majority of a district with an opportunity to control or | 20 | | substantially influence the outcome of an election; | 21 | | (e) be contiguous, except to the extent necessary to | 22 | | include any area which is surrounded by a body of water; | 23 | | (f) respect, to the extent practicable, communities of | 24 | | interest as determined on the basis of census tract or | 25 | | other relevant information; |
| | | 09900SB0322sam002 | - 9 - | LRB099 02940 AWJ 48293 a |
|
| 1 | | (g) respect, to the extent practicable, visible | 2 | | geographic features, city, town, and county boundaries, | 3 | | and undivided census tracts; | 4 | | (h) be compact; and | 5 | | (i) not consider the place of residence of any | 6 | | incumbent or political candidate in the creation of a map. | 7 | | Districts shall not be drawn for the purpose of favoring or | 8 | | discriminating against an incumbent, political candidate, | 9 | | or political party. | 10 | | To the extent practicable, competitive districts should be | 11 | | favored where to do so would create no significant detriment to | 12 | | goals (a) through (i). | 13 | | Article VI - Population count. | 14 | | The population count used for the purpose of creating the | 15 | | independent redistricting plan shall count individuals | 16 | | incarcerated in state or federal correctional facilities, as | 17 | | determined by the federal decennial census, at their last known | 18 | | residence before incarceration if the individuals were | 19 | | residents of the member state. The population count may not | 20 | | include individuals incarcerated in state or federal | 21 | | correctional facilities who were not residents of the state | 22 | | before their incarceration. | 23 | | Article VII - Voting. | 24 | | Nine members of the commission shall constitute a quorum. |
| | | 09900SB0322sam002 | - 10 - | LRB099 02940 AWJ 48293 a |
|
| 1 | | Nine or more affirmative votes shall be required for any | 2 | | official action. The final redistricting maps must be approved | 3 | | by at least nine affirmative votes which must include at least | 4 | | 3 votes of members affiliated with each of the 2 largest | 5 | | political parties in the member state and 3 votes from members | 6 | | who are not affiliated with either of these 2 political | 7 | | parties. | 8 | | Article VIII - Timing. | 9 | | The commission shall adopt a redistricting plan following | 10 | | each federal decennial census. The commission shall not adopt | 11 | | any redistricting plan mid-decade before the next federal | 12 | | decennial census. | 13 | | Article IX - Internet website. | 14 | | As soon as practicable after establishing the commission, | 15 | | the member state shall establish and maintain a public Internet | 16 | | website for the commission which meets all of the following | 17 | | requirements: | 18 | | (a) The site is updated continuously to provide advance | 19 | | notice of commission hearings and to otherwise provide | 20 | | timely information on the activities of the commission. | 21 | | (b) The site contains the most recent available | 22 | | information from the United States Bureau of the Census on | 23 | | voting-age population, voter registration, and voting in | 24 | | the state, including precinct-level and census tract-level |
| | | 09900SB0322sam002 | - 11 - | LRB099 02940 AWJ 48293 a |
|
| 1 | | data as well as detailed maps reflecting such information. | 2 | | (c) The site includes interactive software that | 3 | | enables any individual to design a redistricting plan for | 4 | | the member state in accordance with the criteria described | 5 | | in Article IV. | 6 | | (d) The site permits any individual to submit a | 7 | | proposed redistricting plan to the commission, and to | 8 | | submit questions, comments, and other information with | 9 | | respect to the commission's activities. | 10 | | Article X - Public hearings. | 11 | | The commission shall operate in an open and transparent | 12 | | manner and shall solicit public feedback in drawing a plan. The | 13 | | commission shall hold public hearings in distinct geographic | 14 | | regions of the state according to population distribution at | 15 | | which members of the public may provide input, including | 16 | | submitting proposed redistricting plans. The commission shall | 17 | | hold at least one public hearing in each congressional district | 18 | | and shall hold the following minimum number of hearings: | 19 | | (a) A member state with at least 3 congressional | 20 | | districts shall hold at least 6 hearings. | 21 | | (b) A member state with no fewer than 3 but not more | 22 | | than 6 congressional districts shall hold at least 8 | 23 | | hearings. | 24 | | (c) A member state with no fewer than 6 but not more | 25 | | than 9 congressional districts shall hold at least 12 |
| | | 09900SB0322sam002 | - 12 - | LRB099 02940 AWJ 48293 a |
|
| 1 | | hearings. | 2 | | (d) A member state with no fewer than 9 but not more | 3 | | than 15 congressional districts shall hold at least 18 | 4 | | hearings. | 5 | | (e) A member state with no fewer than 15 but not more | 6 | | than 20 congressional districts shall hold at least 22 | 7 | | hearings. | 8 | | (f) A member state with more than 20 congressional | 9 | | districts shall hold at least one hearing for each district | 10 | | plus 5 additional hearings. | 11 | | Article XI - Public notice. | 12 | | (a) Hearings. Not fewer than 7 days before a public | 13 | | hearing, the commission shall issue public notice of the | 14 | | hearing time and location, including but not limited to | 15 | | posting the notice on the commission's website. | 16 | | (b) Certification to Secretary of State. Not fewer than | 17 | | 7 days before certifying a redistricting plan to the | 18 | | Secretary of State, the commission shall issue public | 19 | | notice, including but not limited to posting the notice on | 20 | | the commission's web site. The notice shall contain the | 21 | | following information: | 22 | | (1) A detailed version of the plan, including a map | 23 | | showing each district established under the plan and | 24 | | the voting-age population by race of each district; | 25 | | (2) A statement providing specific information on |
| | | 09900SB0322sam002 | - 13 - | LRB099 02940 AWJ 48293 a |
|
| 1 | | the commission's methodology for drawing the plan and | 2 | | how the plan would serve the public interest; | 3 | | (3) Any dissenting statements of any members of the | 4 | | commission who did not approve of the plan. | 5 | | Article XII - Certification to Secretary of State. | 6 | | By September 1 of the year following a federal decennial | 7 | | census, the commission shall approve final maps that separately | 8 | | set forth the district boundary lines for the member state's | 9 | | congressional and state legislative districts. Upon approval, | 10 | | the commission shall certify the final maps to the member | 11 | | state's Secretary of State. The commission shall issue, with | 12 | | each final map, a report that explains the basis on which the | 13 | | commission made its decisions in achieving compliance with the | 14 | | criteria listed in Article V and shall include definitions of | 15 | | the terms and standards used in drawing each final map. An | 16 | | approved redistricting plan filed with the Secretary of State | 17 | | shall be presumed valid, shall have the force and effect of law | 18 | | and shall be published promptly by the Secretary of State. If | 19 | | the member state does not have a Secretary of State, the | 20 | | responsibilities of the Secretary of State set forth in this | 21 | | Compact shall be performed by the Secretary of the Commonwealth | 22 | | or other state official designated by the member state's chief | 23 | | executive. | 24 | | Article XIII - Judicial review. |
| | | 09900SB0322sam002 | - 14 - | LRB099 02940 AWJ 48293 a |
|
| 1 | | If the commission does not approve a final map by at least | 2 | | the requisite votes or if a final map is not certified to the | 3 | | Secretary of State by September 15 of the year following a | 4 | | federal decennial census, the Secretary of State shall | 5 | | immediately petition the highest court of the member state for | 6 | | an order directing the appointment of special masters to adjust | 7 | | the boundary lines of that map in accordance with the | 8 | | redistricting criteria and requirements set forth in Article V. | 9 | | Upon its approval of the special masters' map, the court shall | 10 | | certify the resulting map to the Secretary of State no later | 11 | | than October 1 of the year following a federal decennial | 12 | | census, and that map shall constitute the certified final map | 13 | | for the district. | 14 | | Article XIV - Other laws. | 15 | | Nothing in this agreement shall be construed, applied, or | 16 | | implemented in a way that imposes any requirement or obligation | 17 | | that conflicts with the United States Constitution or any | 18 | | federal law regarding redistricting congressional or state | 19 | | legislative districts, including, but not limited to, the | 20 | | Voting Rights Act. | 21 | | Article XV - Effective date. | 22 | | The several states are invited to concur in this agreement | 23 | | by enactment of a similar act. This agreement shall take effect | 24 | | when every state with three or more congressional districts at |
| | | 09900SB0322sam002 | - 15 - | LRB099 02940 AWJ 48293 a |
|
| 1 | | the time of redistricting has enacted this agreement in | 2 | | substantially the same form and the enactments by such states | 3 | | have taken effect in each state. It shall continue in effect if | 4 | | a member state with 3 congressional districts loses a district | 5 | | following a federal decennial census occurring after the | 6 | | agreement takes effect. If, following a federal decennial | 7 | | census occurring after the agreement takes effect, a non-member | 8 | | state is entitled to an additional congressional district that | 9 | | would bring the non-member state's total number of | 10 | | congressional districts to 3 or more, the agreement shall be | 11 | | suspended until the non-member state enacts this agreement and | 12 | | the enactment takes effect. | 13 | | The chief executive of each member state shall promptly | 14 | | notify the chief executive of all other states when this | 15 | | agreement has been enacted in that official's state or when the | 16 | | state has withdrawn from this agreement. | 17 | | Article XVI - Withdrawal. | 18 | | Any member state may withdraw from this agreement, except | 19 | | that a withdrawal occurring 6 months or less before a general | 20 | | election in which any Congressional or state legislative seat | 21 | | is on the ballot shall not become effective until after the | 22 | | election results are certified. | 23 | | Article XVII - Compliance. | 24 | | A member state is not required to comply with this compact |
| | | 09900SB0322sam002 | - 16 - | LRB099 02940 AWJ 48293 a |
|
| 1 | | if: | 2 | | (a) the commission of any member state fails to adopt a | 3 | | redistricting plan; or | 4 | | (b) the Attorney General of any member state determines | 5 | | that another member state has repealed, replaced, or failed | 6 | | to implement any aspect of this compact, including but not | 7 | | limited to failing to establish an independent | 8 | | redistricting commission or failing to implement the | 9 | | district map adopted by the commission. | 10 | | Article XVIII - Severability. | 11 | | If any provision of this agreement is held invalid, the | 12 | | remaining provisions shall not be affected. | 13 | | Article XIX - Enforcement. | 14 | | The agencies and officers of each member state and its | 15 | | subdivisions shall enforce this compact and do all things | 16 | | appropriate to effect its purpose and intent that may be within | 17 | | their respective jurisdictions, including but not limited to | 18 | | adopting any legislation or regulations necessary to implement | 19 | | this agreement.
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
|
|