Full Text of SB1040 100th General Assembly
SB1040sam001 100TH GENERAL ASSEMBLY | Sen. Dale A. Righter Filed: 3/22/2017
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| 1 | | AMENDMENT TO SENATE BILL 1040
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1040 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Voting Rights Act of 2011 is | 5 | | amended by changing Section 5-5 and by adding Section 5-15 as | 6 | | follows: | 7 | | (10 ILCS 120/5-5)
| 8 | | Sec. 5-5. Redistricting. | 9 | | (a) In any redistricting plan pursuant to Article IV, | 10 | | Section 3 of the Illinois Constitution, Legislative Districts | 11 | | and Representative Districts shall be drawn, subject to | 12 | | subsection (d) of this Section, to create crossover districts, | 13 | | coalition districts, or influence districts. Legislative | 14 | | Districts and Representative Districts shall not be drawn to | 15 | | discriminate against or in favor of any political party or | 16 | | individual. The requirements imposed by this Article are in |
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| 1 | | addition and subordinate to any requirements or obligations | 2 | | imposed by the United States Constitution, any federal law | 3 | | regarding redistricting Legislative Districts or | 4 | | Representative Districts, including but not limited to the | 5 | | federal Voting Rights Act, and the Illinois Constitution. | 6 | | (b) The phrase "crossover district" means a district where | 7 | | a racial minority or language minority constitutes less than a | 8 | | majority of the voting-age population but where this minority, | 9 | | at least potentially, is large enough to elect the candidate of | 10 | | its choice with help from voters who are members of the | 11 | | majority and who cross over to support the minority's preferred | 12 | | candidate. The phrase "coalition district" means a district | 13 | | where more than one group of racial minorities or language | 14 | | minorities may form a coalition to elect the candidate of the | 15 | | coalition's choice. The phrase "influence district" means a | 16 | | district where a racial minority or language minority can | 17 | | influence the outcome of an election even if its preferred | 18 | | candidate cannot be elected. | 19 | | (c) For purposes of this Act, the phrase "racial minorities | 20 | | or language minorities", in either the singular or the plural, | 21 | | means the same class of voters who are members of a race, | 22 | | color, or language minority group receiving protection under | 23 | | the federal Voting Rights Act, 42 U.S.C. § 1973; 42 U.S.C. § | 24 | | 1973b(f)(2); 42 U.S.C. § 1973aa-1a(e). | 25 | | (d) Nothing in this Act shall be construed, applied, or | 26 | | implemented in a way that imposes any requirement or obligation |
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| 1 | | that conflicts with the United States Constitution, any federal | 2 | | law regarding redistricting Legislative Districts or | 3 | | Representative Districts, including but not limited to the | 4 | | federal Voting Rights Act, or the Illinois Constitution. | 5 | | (e) In the event of a violation of this Act, the | 6 | | redistricting plan shall be redrawn to the least extent | 7 | | necessary to remedy the violation.
| 8 | | (Source: P.A. 96-1541, eff. 3-7-11.) | 9 | | (10 ILCS 120/5-15 new) | 10 | | Sec. 5-15. County board redistricting. | 11 | | (a) In any redistricting plan of county board districts | 12 | | pursuant to the Counties Code, county board districts shall be | 13 | | drawn, subject to subsection (d) of this Section, to create | 14 | | crossover districts, coalition districts, or influence | 15 | | districts. County board districts shall not be drawn to | 16 | | discriminate against or in favor of any political party or | 17 | | individual. The requirements imposed by this Article are in | 18 | | addition and subordinate to any requirements or obligations | 19 | | imposed by the United States Constitution; any federal law | 20 | | regarding redistricting county board districts, including, but | 21 | | not limited to, the federal Voting Rights Act; and the Illinois | 22 | | Constitution. | 23 | | (b) The phrase "crossover district" means a district where | 24 | | a racial minority or language minority constitutes less than a | 25 | | majority of the voting-age population but where this minority, |
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| 1 | | at least potentially, is large enough to elect the candidate of | 2 | | its choice with help from voters who are members of the | 3 | | majority and who cross over to support the minority's preferred | 4 | | candidate. The phrase "coalition district" means a district | 5 | | where more than one group of racial minorities or language | 6 | | minorities may form a coalition to elect the candidate of the | 7 | | coalition's choice. The phrase "influence district" means a | 8 | | district where a racial minority or language minority can | 9 | | influence the outcome of an election even if its preferred | 10 | | candidate cannot be elected. | 11 | | (c) For purposes of this Section, the phrase "racial | 12 | | minorities or language minorities", in either the singular or | 13 | | the plural, means the same class of voters who are members of a | 14 | | race, color, or language minority group receiving protection | 15 | | under the federal Voting Rights Act, 42 U.S.C. § 1973; 42 | 16 | | U.S.C. § 1973b(f)(2); 42 U.S.C. § 1973aa-1a(e). | 17 | | (d) Nothing in this Section shall be construed, applied, or | 18 | | implemented in a way that imposes any requirement or obligation | 19 | | that conflicts with the United States Constitution; any federal | 20 | | law regarding redistricting county board districts, including, | 21 | | but not limited to, the federal Voting Rights Act; or the | 22 | | Illinois Constitution. | 23 | | (e) In the event of a violation of this Act, the | 24 | | redistricting plan shall be redrawn to the least extent | 25 | | necessary to remedy the violation. ".
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