Full Text of HJRCA0021 100th General Assembly
HC0021 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT HC0021 Introduced , by Rep. Steven A. Andersson SYNOPSIS AS INTRODUCED: |
| | ILCON Art. IV, Sec. 2 | ILCON Art. IV, Sec. 3 |
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Proposes to amend the Legislature Article of the Illinois Constitution concerning redistricting. Contains provisions relating to division of Senators into 3 groups for assignment of terms, Representative Districts being decoupled from Legislative Districts, appointment of a Temporary Redistricting Advisory Commission, criteria for redistricting plans, approval of plans by Senate and House resolutions, appointment of Special Masters, and other matters. Effective upon being declared adopted.
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| 1 | | HOUSE JOINT RESOLUTION
| 2 | | CONSTITUTIONAL AMENDMENT
| 3 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE | 4 | | HUNDREDTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE | 5 | | CONCURRING HEREIN, that there shall be submitted to the | 6 | | electors of the State for adoption or rejection at the general | 7 | | election next occurring at least 6 months after the adoption of | 8 | | this resolution a proposition to amend Sections 2 and 3 of | 9 | | Article IV of the Illinois Constitution as follows:
| 10 | | ARTICLE IV
| 11 | | THE LEGISLATURE
| 12 | | (ILCON Art. IV, Sec. 2)
| 13 | | SECTION 2. LEGISLATIVE COMPOSITION
| 14 | | (a) One Senator shall be elected from each Legislative | 15 | | District.
Immediately following each decennial redistricting, | 16 | | the General Assembly
by law shall divide the Legislative | 17 | | Districts as equally as possible
into three groups. Senators | 18 | | from one group shall be elected for terms of
four years, four | 19 | | years and two years; Senators from the second group,
for terms | 20 | | of four years, two years and four years; and Senators from the
| 21 | | third group, for terms of two years, four years and four years. | 22 | | The
Legislative Districts in each group shall be distributed | 23 | | substantially
equally over the State.
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| 1 | | (b) Each Legislative District shall be divided into two | 2 | | Representative
Districts. In 1982 and every two years | 3 | | thereafter one Representative shall
be elected from each | 4 | | Representative District for a term of two years.
| 5 | | (c) To be eligible to serve as a member of the General | 6 | | Assembly, a
person must be a United States citizen, at least 21 | 7 | | years old, and for
the two years preceding his election or | 8 | | appointment a resident of the
district which he is to | 9 | | represent. In the general election following a
redistricting, a | 10 | | candidate for the General Assembly may be elected from
any | 11 | | district which contains a part of the district in which he | 12 | | resided
at the time of the redistricting and reelected if a | 13 | | resident of the new
district he represents for 18 months prior | 14 | | to reelection.
| 15 | | (d) Within thirty days after a vacancy occurs, it shall be | 16 | | filled by
appointment as provided by law. If the vacancy is in | 17 | | a Senatorial office
with more than twenty-eight months | 18 | | remaining in the term, the appointed
Senator shall serve until | 19 | | the next general election, at which time a
Senator shall be | 20 | | elected to serve for the remainder of the term. If the
vacancy | 21 | | is in a Representative office or in any other Senatorial | 22 | | office,
the appointment shall be for the remainder of the term. | 23 | | An appointee to
fill a vacancy shall be a member of the same | 24 | | political party as the
person he succeeds.
| 25 | | (e) No member of the General Assembly shall receive | 26 | | compensation as
a public officer or employee from any other |
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| 1 | | governmental entity for time
during which he is in attendance | 2 | | as a member of the General Assembly.
| 3 | | No member of the General Assembly during the term for which | 4 | | he was
elected or appointed shall be appointed to a public | 5 | | office which shall
have been created or the compensation for | 6 | | which shall have been
increased by the General Assembly during | 7 | | that term.
| 8 | | (Source: Amendment adopted at general election November 4, | 9 | | 1980.)
| 10 | | (ILCON Art. IV, Sec. 3)
| 11 | | SECTION 3. LEGISLATIVE REDISTRICTING
| 12 | | (a) On the second Tuesday in February in the year following | 13 | | each Federal decennial census year, the President of the | 14 | | Senate, the Minority Leader of the Senate, the Speaker of the | 15 | | House of Representatives, and the Minority Leader of the House | 16 | | of Representatives may each, considering the diversity of the | 17 | | State, appoint two members to the Temporary Redistricting | 18 | | Advisory Commission. On or before the second Tuesday in March | 19 | | of that year, one additional member shall be elected by a | 20 | | majority of the members appointed, and that member shall serve | 21 | | as Chair. Members of the Temporary Redistricting Advisory | 22 | | Commission shall not be eligible to be elected to the General | 23 | | Assembly or appointed to any office that is subject to | 24 | | confirmation by the Senate for ten years after completion of | 25 | | service on the Temporary Redistricting Advisory Commission. No |
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| 1 | | person may serve as a member of the Temporary Redistricting | 2 | | Advisory Commission who is at the time of appointment, becomes | 3 | | at any time during service, or who was at any time during the | 4 | | preceding four years (i) a registered lobbyist in Illinois; | 5 | | (ii) an employee or contractor of the State of Illinois; (iii) | 6 | | an elected official of or a candidate for or appointed member | 7 | | of any elected body of: the federal government, the State, a | 8 | | unit of local government, a school district, or a political | 9 | | party; or (iv) an immediate family member of any of the | 10 | | foregoing. As used in this Section, "immediate family member" | 11 | | is a person with whom the person has a bona fide relationship | 12 | | established through close blood or legal kinship. If any member | 13 | | of the Temporary Redistricting Advisory Commission shall be | 14 | | unable to fulfill the duties required under this Section, then | 15 | | the person who appointed said member, or that person's | 16 | | successor, shall appoint a person to fill said vacancy within | 17 | | five days of the occurrence of the vacancy. | 18 | | A meeting of a majority of a quorum of the Temporary | 19 | | Redistricting Advisory Commission shall be open to the public | 20 | | with at least twenty-four hour notice. | 21 | | The Temporary Redistricting Advisory Commission shall have | 22 | | authority to hire independent private firms for any assistance. | 23 | | The Commission shall conduct at least five public hearings on | 24 | | separate days around five distinct geographic regions of the | 25 | | State before voting on any redistricting plans. At least three | 26 | | of the public hearings shall be after receipt of the data from |
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| 1 | | the United States Census Bureau. Within three days after | 2 | | receipt of the data from the United States Census Bureau, the | 3 | | Commission shall make that data, together with redistricting | 4 | | software, available to the public. | 5 | | (b) The Commission shall approve any redistricting plans by | 6 | | a majority vote of its members. | 7 | | The Commission shall establish districts pursuant to a | 8 | | mapping process using the following criteria as set forth in | 9 | | the following order of priority: | 10 | | (1) Districts shall comply with all federal laws and | 11 | | shall not be drawn with the intent or result of denying or | 12 | | abridging the equal opportunity of racial or language | 13 | | minorities to participate in the political process or to | 14 | | diminish their ability to elect representatives of their | 15 | | choice. | 16 | | (2) Districts shall be contiguous. | 17 | | (3) Districts shall be substantially equal in | 18 | | population. | 19 | | (4) Districts shall be compact. | 20 | | (5) District boundaries shall, to the extent | 21 | | practical, follow visible geographic features and | 22 | | municipal boundaries. | 23 | | (6) The plan shall not be drawn to purposefully or | 24 | | significantly favor or discriminate against any political | 25 | | party or group. | 26 | | Party registration, voting history data, and incumbency |
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| 1 | | shall not be considered in the mapping process, except to | 2 | | evaluate compliance with the criteria listed in paragraphs (1) | 3 | | and (6) of this subsection (b). The Commission shall establish | 4 | | definitions where applicable for each of the criteria listed in | 5 | | paragraphs (1) through (6) of this subsection (b). | 6 | | A Representative District need not be entirely within a | 7 | | single Legislative District. | 8 | | After preliminary approval of the redistricting plans, the | 9 | | Commission shall release the proposed plans to the public, | 10 | | conduct at least three
public hearings around three distinct | 11 | | geographic regions of the
State, and submit a report to the | 12 | | General Assembly. At any time prior to the submission of a plan | 13 | | under subsection (c), any member of the General Assembly or | 14 | | general public may submit a plan to be considered by the | 15 | | Commission and for public viewing. All documents submitted to | 16 | | or plans considered by the Commission shall be made available | 17 | | to the public within a reasonable time period. | 18 | | (c) After conducting the required public hearings, the | 19 | | Commission shall approve by a majority vote a Representative | 20 | | redistricting plan by the third Monday in May of the year | 21 | | specified in subsection (a) of this Section, which the Chair of | 22 | | the Commission shall deliver to the House of Representatives on | 23 | | the third business day after approval. The House of | 24 | | Representatives must take a record vote to accept the plan by a | 25 | | resolution. The resolution is adopted if it receives the | 26 | | affirmative vote of at least two-thirds of the members elected. |
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| 1 | | After conducting the required public hearings, the | 2 | | Commission shall approve by a majority vote a Senate | 3 | | redistricting plan by the third Monday in May of the year | 4 | | specified in subsection (a) of this Section, which the Chair of | 5 | | the Commission shall deliver to the Senate on the third | 6 | | business day after approval. The Senate must take a record vote | 7 | | to accept the plan by a resolution. The resolution is adopted | 8 | | if it receives the affirmative vote of at least two-thirds of | 9 | | the members elected. | 10 | | Redistricting plans may not be amended by either chamber. | 11 | | An adopted redistricting resolution shall be filed with the | 12 | | Secretary of State by the presiding officer of the chamber that | 13 | | initiated the resolution. Each chamber shall have until the | 14 | | first Monday in June of the year specified in subsection (a) of | 15 | | this Section to file a resolution with the Secretary of State | 16 | | approving the redistricting plan. | 17 | | (d) If a plan is not adopted by a chamber of the General | 18 | | Assembly, the Commission shall approve an alternative | 19 | | redistricting plan no later than third Monday in June of the | 20 | | year specified in subsection (a) of this Section, and the Chair | 21 | | of the Commission shall deliver that plan to the appropriate | 22 | | chamber of the General Assembly on the third business day after | 23 | | approval. The appropriate chamber of the General Assembly shall | 24 | | approve or reject that plan in the same manner established by | 25 | | subsection (c). Each chamber shall have until the first Monday | 26 | | in July of this year to file a resolution with the Secretary of |
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| 1 | | State approving the alternative redistricting plan. | 2 | | (e) If a plan is not approved by a chamber of the General | 3 | | Assembly by the first Monday in July of the year specified in | 4 | | subsection (a) of this Section, the Commission shall approve by | 5 | | a majority, one of the two previous plans submitted to the | 6 | | appropriate chamber of the General Assembly under subsections | 7 | | (c) and (d) of this Section. The Chair of the Commission shall | 8 | | file the approved redistricting plan for the appropriate | 9 | | chamber with the Secretary of State not later than the third | 10 | | Monday in July of that year. | 11 | | (f) If at any time the Temporary Redistricting Advisory | 12 | | Commission fails to meet one of the deadlines set forth herein, | 13 | | the Chief Justice of the Supreme Court and a Supreme Court | 14 | | judge chosen by the Judges of the Supreme Court who are not of | 15 | | the same political party as the Chief Justice, shall within ten | 16 | | days jointly appoint and certify to the Secretary of State one | 17 | | person to act as Special Master to generate any maps not | 18 | | previously approved. Only a person who would be eligible to | 19 | | serve on the Temporary Redistricting Advisory Commission may | 20 | | serve as Special Master. A person who serves as Special Master | 21 | | is not eligible to be elected to the General Assembly or | 22 | | appointed to any office that is subject to confirmation by the | 23 | | Senate for ten years after completion of service as a Special | 24 | | Master. A Special Master shall consider all redistricting plans | 25 | | delivered by or submitted to the Temporary Redistricting | 26 | | Advisory Commission, the Senate, or the House of |
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| 1 | | Representatives as applicable. The Special Master shall have | 2 | | authority to hire independent assistance, and make available | 3 | | the data received from the United States Census Bureau, | 4 | | together with redistricting software, to the public within | 5 | | three days of receipt, unless the Temporary Redistricting | 6 | | Advisory Commission has already done so. The Special Master | 7 | | shall also conduct at least five public hearings on separate | 8 | | days around five distinct geographic regions of the State after | 9 | | receipt of the data from the United States Census Bureau and | 10 | | before promulgating any preliminary redistricting plans; and | 11 | | shall hold at least three public hearings on separate days | 12 | | around three distinct geographic regions of the State after | 13 | | promulgating any preliminary redistricting plans and before | 14 | | finalizing any plan or plans. All documents submitted to or | 15 | | utilized by the Special Master shall be made available to the | 16 | | public within a reasonable amount of time. The Special Master | 17 | | shall file a redistricting plan complying with the criteria set | 18 | | forth in paragraph (3) of subsection (b) of this Section for | 19 | | the Legislative Districts and Representative Districts, as | 20 | | applicable, with the Secretary of State not later than | 21 | | September 30 of the year specified in subsection (a) of this | 22 | | Section. | 23 | | (a) Legislative Districts shall be compact, contiguous and
| 24 | | substantially equal in population. Representative Districts | 25 | | shall be compact,
contiguous, and substantially equal in | 26 | | population.
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| 1 | | (b) In the year following each Federal decennial census | 2 | | year, the
General Assembly by law shall redistrict the | 3 | | Legislative Districts and the
Representative Districts.
| 4 | | If no redistricting plan becomes effective by June 30 of | 5 | | that year, a
Legislative Redistricting Commission shall be | 6 | | constituted not later than
July 10. The Commission shall | 7 | | consist of eight members, no more than
four of whom shall be | 8 | | members of the same political party.
| 9 | | The Speaker and Minority Leader of the House of | 10 | | Representatives shall
each appoint to the Commission one | 11 | | Representative and one person who is
not a member of the | 12 | | General Assembly. The President and Minority Leader
of the | 13 | | Senate shall each appoint to the Commission one Senator and one
| 14 | | person who is not a member of the General Assembly.
| 15 | | The members shall be certified to the Secretary of State by | 16 | | the
appointing authorities. A vacancy on the Commission shall | 17 | | be filled
within five days by the authority that made the | 18 | | original appointment. A
Chairman and Vice Chairman shall be | 19 | | chosen by a majority of all members
of the Commission.
| 20 | | Not later than August 10, the Commission shall file with | 21 | | the
Secretary of State a redistricting plan approved by at | 22 | | least five
members.
| 23 | | If the Commission fails to file an approved redistricting | 24 | | plan, the
Supreme Court shall submit the names of two persons, | 25 | | not of the same
political party, to the Secretary of State not | 26 | | later than September 1.
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| 1 | | Not later than September 5, the Secretary of State publicly | 2 | | shall
draw by random selection the name of one of the two | 3 | | persons to serve as
the ninth member of the Commission.
| 4 | | Not later than October 5, the Commission shall file with | 5 | | the
Secretary of State a redistricting plan approved by at | 6 | | least five
members.
| 7 | | (g) A An approved redistricting resolution or | 8 | | redistricting plan filed with the Secretary of State
shall be | 9 | | presumed valid, shall have the force and effect of law and
| 10 | | shall be published promptly by the Secretary of State.
| 11 | | The Supreme Court shall have original and exclusive | 12 | | jurisdiction over
actions concerning redistricting the House | 13 | | and Senate, which shall be
initiated in the name of the People | 14 | | of the State by the Attorney
General.
| 15 | | (Source: Amendment adopted at general election November 4, | 16 | | 1980.)
| 17 | | SCHEDULE
| 18 | | The State Board of Elections shall proceed, as soon as all | 19 | | the returns are received but no later than 31 days after the | 20 | | election, to canvass the votes given for and against this | 21 | | Constitutional Amendment, as shown by the abstracts of votes | 22 | | cast. If this Constitutional Amendment is approved by either | 23 | | three-fifths of those voting on the question or a majority of | 24 | | those voting in the election, then the State Board of Elections | 25 | | shall declare the adoption of this Constitutional Amendment and |
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| 1 | | it shall, upon declaration of its adoption, take effect and | 2 | | become a part of the Constitution of this State. This Schedule | 3 | | supersedes and applies notwithstanding any statute to the | 4 | | contrary, and no other requirements, including without | 5 | | limitation proclamation of the results of the vote or notice by | 6 | | publication, are necessary for its effectiveness. This | 7 | | Constitutional Amendment applies to redistricting beginning in | 8 | | 2021 for the election of members of the General Assembly | 9 | | beginning in 2022.
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