Full Text of SB0223 100th General Assembly
SB0223sam001 100TH GENERAL ASSEMBLY | Sen. Iris Y. Martinez Filed: 3/3/2017
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| 1 | | AMENDMENT TO SENATE BILL 223
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 223 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Local | 5 | | Government Voting Rights Act. | 6 | | Section 5. Findings and policy. The General Assembly finds | 7 | | and hereby declares that the purpose of this Act is to address | 8 | | ongoing vote dilution and discrimination in voting as matters | 9 | | of statewide concern, in order to enforce the fundamental | 10 | | rights guaranteed by Sections 1 and 2 of Article I and Sections | 11 | | 1 and 8 of Article III of the Illinois Constitution. | 12 | | Section 10. Definitions. As used in this Act:
| 13 | | "At-large method of election" means any of the following | 14 | | methods of electing members to the governing body of a | 15 | | political subdivision: |
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| 1 | | (1) one in which the voters of the entire jurisdiction | 2 | | elect candidates to the governing body, including, but not | 3 | | limited to, alternative vote arrangements, transferable | 4 | | voting, ranked-choice voting, or preferential voting; | 5 | | (2) one in which candidates are required to reside | 6 | | within particular areas of the jurisdiction and the voters | 7 | | of the entire jurisdiction elect candidates to the | 8 | | governing body; or | 9 | | (3) one which combines at-large elections with a | 10 | | district-based method of election. | 11 | | "District-based method of election" means a method of | 12 | | electing members to the governing body of a political | 13 | | subdivision in which the candidate must reside within an | 14 | | election district that is a divisible part of the political | 15 | | subdivision and is elected only by voters residing within that | 16 | | election district. | 17 | | "Political subdivision" means a geographic area of | 18 | | representation created for the provision of government | 19 | | services, including, but not limited to a county, township, | 20 | | city, municipality, school district, community college | 21 | | district, special district, or other district organized | 22 | | pursuant to State law. | 23 | | "Protected group" and "protected class" under this Act | 24 | | shall mean a group or class of voters who are members of a | 25 | | race, color, or language minority group, as referenced and | 26 | | defined in the federal Voting Rights Act (52 U.S.C. 10301 et |
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| 1 | | seq.). | 2 | | "Racially-polarized voting" means voting in which there is | 3 | | a difference, as defined in case law regarding enforcement of | 4 | | the federal Voting Rights Act (52 U.S.C. 10301 et seq.), in the | 5 | | choice of candidates or other electoral choices that are | 6 | | preferred by voters in a protected class, and in the choice of | 7 | | candidates and electoral choices that are preferred by voters | 8 | | in the rest of the electorate. The methodologies for estimating | 9 | | group voting behavior as approved in applicable federal cases | 10 | | to enforce the federal Voting Rights Act to establish | 11 | | racially-polarized voting, as well as other valid | 12 | | methodologies admissible pursuant to Illinois Rule of Evidence | 13 | | 702, may be used for purposes of this Section to prove that | 14 | | elections are characterized by racially-polarized voting.
| 15 | | Section 15. Vote dilution and discrimination. Neither an | 16 | | at-large method of election nor a district-based method of | 17 | | election may be imposed or applied in a manner that impairs the | 18 | | ability of a protected group or class to elect candidates of | 19 | | its choice as a result of the dilution or the abridgment of the | 20 | | rights of voters who are members of a protected group or class. | 21 | | Section 20. Violations.
| 22 | | (a) To establish a violation of Section 15 of this Act, a | 23 | | plaintiff or plaintiffs must show that racially-polarized | 24 | | voting occurs in elections for members of the governing body of |
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| 1 | | the political subdivision or in elections incorporating other | 2 | | electoral choices by the voters of the political subdivision. | 3 | | (b) The occurrence of racially-polarized voting shall be | 4 | | determined from examining results of elections in which at | 5 | | least one candidate is a member of the protected class or the | 6 | | preferred candidate of the protected class involved in the | 7 | | challenge, or elections involving ballot measures or other | 8 | | electoral choices. In multi-seat at-large election districts, | 9 | | where the number of candidates who are members of the protected | 10 | | class or preferred candidates of the protected class involved | 11 | | in the challenge is fewer than the number of seats available, | 12 | | the relative group-wide support received by candidates from | 13 | | members of the protected class shall be the basis for the | 14 | | racial polarization analysis. Elections conducted prior to the | 15 | | filing of an action for a violation of Section 15 of this Act | 16 | | are more probative to establish the existence of | 17 | | racially-polarized voting than elections conducted after the | 18 | | filing of the action. | 19 | | (c) Other factors such as the history of discrimination, | 20 | | the use of electoral devices or other voting practices or | 21 | | procedures that may enhance the dilutive effects of at-large | 22 | | elections, denial of access to those processes determining | 23 | | which groups of candidates will receive financial or other | 24 | | support in a given election, the extent to which members of a | 25 | | protected class bear the effects of past discrimination in | 26 | | areas such as education, employment, and health, which hinder |
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| 1 | | their ability to participate effectively in the political | 2 | | process, and the use of overt or subtle racial appeals in | 3 | | political campaigns are probative, but not necessary, factors | 4 | | to establish a violation of Section 15 of this Act. | 5 | | (d) The fact that members of a protected class are not | 6 | | geographically compact or concentrated shall not preclude a | 7 | | finding of racially-polarized voting, or a violation of Section | 8 | | 15 of this Act, but may be a factor in determining an | 9 | | appropriate remedy. | 10 | | (e) Proof of intent on the part of the voters or elected | 11 | | officials to discriminate against a protected class is not | 12 | | required. | 13 | | (f) The fact that a single-member district-based method of | 14 | | election election was imposed on the political subdivision as a | 15 | | result of a prior action under this Act shall not be a defense | 16 | | to a violation of Section 15 of this Act, except that if a | 17 | | court orders a political subdivision to adopt, and subsequently | 18 | | approves, a single-member district-based method of election as | 19 | | a result of an action under this Act, there shall be a | 20 | | rebuttable presumption that the election system does not | 21 | | violate Section 15 of this Act. The presumption shall apply | 22 | | only to the exact single-member district-based method of | 23 | | election that was approved by the court and shall not apply if | 24 | | the boundaries of the single-member districts of the political | 25 | | subdivision are subsequently adjusted for any reason.
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| 1 | | Section 25. Standing. Any eligible voter who is a member of | 2 | | a protected class and who resides in a political subdivision | 3 | | where a violation of Section 15 of this Act is alleged may file | 4 | | an action for a violation of that Section in the circuit court | 5 | | of any county in which the political subdivision is located. | 6 | | Section 30. Notice. Prior to filing an action pursuant to | 7 | | this Act, a prospective plaintiff shall first notify the | 8 | | political subdivision's principal executive officer, in | 9 | | writing, that the prospective plaintiff intends to challenge | 10 | | the political subdivision's electoral system under this Act. | 11 | | Section 35. Remedies.
| 12 | | (a) Upon a determination that there is a violation of | 13 | | Section 15 of this Act, the circuit court shall implement | 14 | | appropriate remedies that are tailored to remedy the violation, | 15 | | based on submissions by the plaintiff or plaintiffs.
| 16 | | (b) Notwithstanding any State law to the contrary, upon | 17 | | finding a violation of Section 15 of this Act, the court may | 18 | | order the political subdivision to adopt, alter, or repeal its | 19 | | forms of government or manner of electing the members of its | 20 | | governing body in order to remedy the violation.
| 21 | | (c) To the extent possible, the court shall give preference | 22 | | to the implementation of an effective district-based method of | 23 | | election that provides the protected class the opportunity to | 24 | | elect candidates of its choice from single member districts. |
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| 1 | | Single-member districts under this subsection (c) shall be | 2 | | drawn in a manner consistent with the following: | 3 | | (1) district boundaries may not be drawn or maintained | 4 | | in a manner that denies an equal opportunity of a protected | 5 | | class to elect candidates of its choice or an equal | 6 | | opportunity to influence the outcome of an election; | 7 | | (2) each district shall be as nearly equal in | 8 | | population as practicable to each and every other such | 9 | | district comprising the political subdivision; | 10 | | (3) each district shall consist of a geographically | 11 | | contiguous area; and | 12 | | (4) each district shall be reasonably compact.
| 13 | | (d) If the implementation of effective single-member | 14 | | districts under subsection (c) of this Section is not possible | 15 | | or will not provide an appropriate remedy, the court may order | 16 | | additional remedies, including, but not limited to, any of the | 17 | | following:
| 18 | | (1) implementing an alternative election system, such | 19 | | as cumulative voting and ranked-choice voting;
| 20 | | (2) approving a single-member district-based method of | 21 | | election that provides the protected class the opportunity | 22 | | to join in a coalition of 2 or more protected classes to | 23 | | elect candidates of their choice if there is demonstrated | 24 | | political cohesion among the protected classes;
| 25 | | (3) incrementally increasing the size of the governing | 26 | | body;
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| 1 | | (4) requiring elections of the governing body to be | 2 | | held on the same day as a statewide election in accordance | 3 | | with Article 2A of the Election Code;
or | 4 | | (5) issuing an injunction to delay an election.
| 5 | | Section 40. Fees.
| 6 | | (a) In any action to enforce Section 15 of this Act, the | 7 | | circuit court shall allow the prevailing party to collect from | 8 | | the defendant reasonable attorney's fees and litigation | 9 | | expenses including, but not limited to, expert witness fees and | 10 | | expenses as part of the costs. A prevailing defendant party | 11 | | shall not recover any costs or attorney's fees, unless the | 12 | | court finds the action to be frivolous, unreasonable, or | 13 | | groundless.
| 14 | | (b) If, in response to a notice from a prospective | 15 | | plaintiff or plaintiffs as described in Section 30 of this Act, | 16 | | a political subdivision changes its method of election in a | 17 | | manner that might have been ordered had litigation been filed, | 18 | | or adopts an ordinance or resolution establishing a specific | 19 | | plan to effect the transition and an estimated time frame for | 20 | | doing so, then the prospective plaintiff or plaintiffs who sent | 21 | | the notice may demand reimbursement for the fees and costs to | 22 | | support the notice. Within 45 days of receiving the demand for | 23 | | reimbursement, the political subdivision shall reimburse the | 24 | | prospective plaintiff or plaintiffs for reasonable costs | 25 | | claimed. |
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| 1 | | Section 45. Conflict of Laws. Nothing in this Act shall be | 2 | | construed, applied, or implemented in a way that conflicts with | 3 | | the United States Constitution, the federal Voting Rights Act | 4 | | (52 U.S.C. 10301 et seq.), or the Illinois Constitution. | 5 | | Section 97. Severability. The provisions of this Act are | 6 | | severable under Section 1.31 of the Statute on Statutes.".
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