Full Text of HB2625 101st General Assembly
HB2625sam003 101ST GENERAL ASSEMBLY | Sen. Dale A. Righter Filed: 5/22/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2625
| 2 | | AMENDMENT NO. ______. Amend House Bill 2625 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Circuit Courts Act is amended by changing | 5 | | Sections 2f, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9, and by adding | 6 | | Section 29 as follows:
| 7 | | (705 ILCS 35/2f) (from Ch. 37, par. 72.2f)
| 8 | | Sec. 2f. (a) The Circuit of Cook County shall be divided | 9 | | into 15
units to be known as subcircuits. The subcircuits shall | 10 | | be compact,
contiguous, and substantially equal in population.
| 11 | | The General Assembly
shall create the subcircuits by law on or | 12 | | before
July 1, 1991, using population data as determined by the | 13 | | 1990 Federal census.
| 14 | | (a-5) In 2021, the Independent Redistricting Commission | 15 | | shall redraw the boundaries of the subcircuits to reflect the | 16 | | results of the 2020 federal decennial census. The Independent |
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| 1 | | Redistricting Commission shall redraw the subcircuit | 2 | | boundaries after every federal decennial census. The | 3 | | subcircuits shall be compact, contiguous, and substantially | 4 | | equal in population. In accordance with subsection (d), a | 5 | | resident judgeship assigned to a subcircuit shall continue to | 6 | | be assigned to that subcircuit. Any vacancy in a resident | 7 | | judgeship existing on or occurring after the effective date of | 8 | | a law redrawing the boundaries of the subcircuits shall be | 9 | | filled by a resident of the redrawn subcircuit. | 10 | | (b) The 165 resident judges to be elected from the Circuit | 11 | | of Cook
County shall be determined under paragraph (4) of | 12 | | subsection (a) of Section 2 of the
Judicial Vacancies Act.
| 13 | | (c) The Supreme Court shall allot (i) the additional | 14 | | resident judgeships
provided by paragraph (4) of subsection (a) | 15 | | of Section 2 of the Judicial Vacancies Act
and (ii) all | 16 | | vacancies in
resident judgeships existing on or occurring on or | 17 | | after the effective date
of this amendatory Act of 1990,
with | 18 | | respect to the other resident judgeships of the Circuit
of Cook | 19 | | County, for election from the various subcircuits until there | 20 | | are
11 resident judges to be
elected from each of the 15 | 21 | | subcircuits (for a total of 165). A resident
judgeship | 22 | | authorized before the effective date of this amendatory Act of
| 23 | | 1990 that became vacant and was filled by appointment by the | 24 | | Supreme Court
before that effective date shall be filled by | 25 | | election at the general
election in November of 1992 from the | 26 | | unit of the Circuit of Cook County
within Chicago or the unit |
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| 1 | | of that Circuit outside Chicago, as the case may
be, in which | 2 | | the vacancy occurred.
| 3 | | (d) As soon as practicable after the subcircuits are | 4 | | created by law, the
Supreme Court shall determine by lot a | 5 | | numerical order for the 15
subcircuits. That numerical order | 6 | | shall be the basis for the order in which resident
judgeships | 7 | | are assigned to the subcircuits. After the first round of
| 8 | | assignments, the second and all later rounds shall be based on | 9 | | the same
numerical order. Once a resident judgeship is assigned | 10 | | to a subcircuit,
it shall continue to be assigned to that | 11 | | subcircuit for all purposes.
| 12 | | (e) A resident judge elected from a subcircuit shall | 13 | | continue to reside
in that subcircuit as long as he or she | 14 | | holds that office. A resident judge elected from a subcircuit | 15 | | after January 1, 2008, must retain residency as a registered | 16 | | voter in the subcircuit to run for retention from the circuit | 17 | | at large thereafter.
| 18 | | (Source: P.A. 95-610, eff. 9-11-07.)
| 19 | | (705 ILCS 35/2f-2)
| 20 | | Sec. 2f-2. 19th judicial circuit; subcircuits; additional | 21 | | judges.
| 22 | | (a) The 19th circuit shall be divided into 6 subcircuits. | 23 | | The
subcircuits shall be
compact, contiguous, and | 24 | | substantially equal in population. The General
Assembly by law | 25 | | shall
create the subcircuits, using population
data as
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| 1 | | determined by the 2000 federal census, and
shall determine a | 2 | | numerical order for the 6 subcircuits. That
numerical order | 3 | | shall be the basis for the order in which resident judgeships
| 4 | | are assigned to
the subcircuits. The 6 resident judgeships to | 5 | | be assigned that are not added by or converted from at large | 6 | | judgeships as provided in this amendatory Act of the 96th | 7 | | General Assembly shall be assigned to the 1st, 2nd, 3rd, 4th, | 8 | | 5th, and 6th subcircuits, in that order. The 6 resident | 9 | | judgeships to be assigned that are added by or converted from | 10 | | at large judgeships as provided in this amendatory Act of the | 11 | | 96th General Assembly shall be assigned to the 6th, 5th, 4th, | 12 | | 3rd, 2nd, and 1st subcircuits, in that order. Once a resident | 13 | | judgeship is assigned to a subcircuit, it
shall continue to be | 14 | | assigned to that subcircuit for all purposes.
| 15 | | (a-3) In 2021, the Independent Redistricting Commission | 16 | | shall redraw the boundaries of the subcircuits to reflect the | 17 | | results of the 2020 federal decennial census. The Independent | 18 | | Redistricting Commission shall redraw the subcircuit | 19 | | boundaries after every federal decennial census. The | 20 | | subcircuits shall be compact, contiguous, and substantially | 21 | | equal in population. In accordance with subsection (a), a | 22 | | resident judgeship assigned to a subcircuit shall continue to | 23 | | be assigned to that subcircuit. Any vacancy in a resident | 24 | | judgeship existing on or occurring after the effective date of | 25 | | a law redrawing the boundaries of the subcircuits shall be | 26 | | filled by a resident of the redrawn subcircuit. |
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| 1 | | (a-5) Of the at large judgeships of the 19th judicial | 2 | | circuit, the first 3 that are or become vacant on or after the | 3 | | effective date of this amendatory Act of the 96th General | 4 | | Assembly shall become resident judgeships of the 19th judicial | 5 | | circuit to be allotted by the Supreme Court under subsection | 6 | | (c) and filled by election, except that the Supreme Court may | 7 | | fill those judgeships by appointment for any remainder of a | 8 | | vacated term until the resident judgeships are filled initially | 9 | | by election. As used in this subsection, a vacancy does not | 10 | | include the expiration of a term of an at large judge who seeks | 11 | | retention in that office at the next term. | 12 | | (a-10) The 19th judicial circuit shall have 3 additional | 13 | | resident judgeships to be allotted by the Supreme Court under | 14 | | subsection (c). One of the additional resident judgeships shall | 15 | | be filled by election beginning at the 2010 general election. | 16 | | Two of the additional resident judgeships shall be filled by | 17 | | election beginning at the 2012 general election. | 18 | | (b) The 19th circuit shall have a total of 12 resident | 19 | | judgeships (6 resident judgeships existing on the effective | 20 | | date of this amendatory Act of the 96th General Assembly, 3 | 21 | | formerly at large judgeships as provided in subsection (a-5), | 22 | | and 3 resident judgeships added by subsection (a-10)). The | 23 | | number of resident judgeships allotted to subcircuits of the | 24 | | 19th judicial circuit pursuant to this Section shall constitute | 25 | | all the resident judgeships of the 19th judicial circuit.
| 26 | | (c) The Supreme Court shall allot (i)
all vacancies in
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| 1 | | resident
judgeships of the 19th circuit existing on or | 2 | | occurring on or after the
effective date of this
amendatory Act
| 3 | | of the 93rd General Assembly and not filled at the 2004 general | 4 | | election,
(ii) the resident judgeships of the 19th
circuit | 5 | | filled at the 2004
general election as those judgeships | 6 | | thereafter become vacant,
(iii) the 3 formerly at large | 7 | | judgeships described in subsection (a-5) as they become | 8 | | available, and (iv) the 3 resident judgeships added by | 9 | | subsection (a-10), for election from the
various
subcircuits | 10 | | until there are 2 resident judges to be elected from each
| 11 | | subcircuit.
No resident judge of the 19th circuit serving on
| 12 | | the effective date of this amendatory Act of the 93rd General | 13 | | Assembly shall be
required to change his or her residency in | 14 | | order to continue serving in office
or
to seek retention in | 15 | | office as resident judgeships are allotted by the
Supreme Court | 16 | | in accordance with this Section.
| 17 | | (d) A resident judge elected from a subcircuit shall | 18 | | continue to reside in
that
subcircuit as long as he or she | 19 | | holds that office. A resident judge elected from a subcircuit | 20 | | after January 1, 2008, must retain residency as a registered | 21 | | voter in the subcircuit to run for retention from the circuit | 22 | | at large thereafter.
| 23 | | (e) Vacancies in resident judgeships of the 19th circuit | 24 | | shall be
filled
in the manner provided in Article VI of the | 25 | | Illinois Constitution.
| 26 | | (Source: P.A. 95-610, eff. 9-11-07; 96-108, eff. 7-30-09.)
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| 1 | | (705 ILCS 35/2f-4)
| 2 | | Sec. 2f-4. 12th circuit; subcircuits; additional judges.
| 3 | | (a) The 12th circuit shall be divided into 5 subcircuits. | 4 | | The
subcircuits shall be
compact, contiguous, and | 5 | | substantially equal in population. The General
Assembly by law | 6 | | shall
create the subcircuits, using population
data as
| 7 | | determined by the 2000 federal census, and
shall determine a | 8 | | numerical order for the 5 subcircuits. That numerical
order | 9 | | shall
be the basis for the order in which resident judgeships | 10 | | are assigned to the
subcircuits.
The 5 resident judgeships to | 11 | | be assigned after the effective date of this amendatory Act of | 12 | | the 96th General Assembly shall be assigned to the 3rd, 4th, | 13 | | 5th, 1st, and 2nd subcircuits, in that order. Once a resident | 14 | | judgeship is
assigned to a subcircuit, it shall continue to be
| 15 | | assigned to
that subcircuit for all purposes.
| 16 | | (a-5) In 2021, the Independent Redistricting Commission | 17 | | shall redraw the boundaries of the subcircuits to reflect the | 18 | | results of the 2020 federal decennial census. The Independent | 19 | | Redistricting Commission shall redraw the subcircuit | 20 | | boundaries after every federal decennial census. The | 21 | | subcircuits shall be compact, contiguous, and substantially | 22 | | equal in population. In accordance with subsection (a), a | 23 | | resident judgeship assigned to a subcircuit shall continue to | 24 | | be assigned to that subcircuit. Any vacancy in a resident | 25 | | judgeship existing on or occurring after the effective date of |
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| 1 | | a law redrawing the boundaries of the subcircuits shall be | 2 | | filled by a resident of the redrawn subcircuit. | 3 | | (a-10) The first vacancy in the 12th judicial circuit's 10 | 4 | | existing circuit judgeships (8 at large and 2 resident), but | 5 | | not in the additional judgeships described in subsections (b) | 6 | | and (b-5), that exists on or after the effective date of this | 7 | | amendatory Act of the 94th General Assembly shall not be | 8 | | filled, by appointment or election, and that judgeship is | 9 | | eliminated. Of the 12th judicial circuit's 10 existing circuit | 10 | | judgeships (8 at large and 2 resident), but not the additional | 11 | | judgeships described in subsections (b) and (b-5), the second | 12 | | to be vacant or become vacant on or after the effective date of | 13 | | this amendatory Act of the 94th General Assembly shall be | 14 | | allotted as a 12th circuit resident judgeship under subsection | 15 | | (c). | 16 | | (a-15) Of the at large judgeships of the 12th judicial | 17 | | circuit not affected by subsection (a-10), the first 2 that are | 18 | | or become vacant on or after the effective date of this | 19 | | amendatory Act of the 96th General Assembly shall become | 20 | | resident judgeships of the 12th judicial circuit to be allotted | 21 | | by the Supreme Court under subsection (c) and filled by | 22 | | election, except that the Supreme Court may fill those | 23 | | judgeships by appointment for any remainder of a vacated term | 24 | | until the resident judgeships are filled initially by election. | 25 | | (a-20) As used in subsections (a-10) and (a-15), a vacancy | 26 | | does not include the
expiration of a term of an at large or |
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| 1 | | resident judge who seeks
retention in that office at the next | 2 | | term.
| 3 | | (b) The 12th circuit shall have 6 additional resident | 4 | | judgeships, as well
as
its existing resident judgeship as | 5 | | established in subsection (a-10), and existing at large | 6 | | judgeships, for a
total of 15 judgeships available to be | 7 | | allotted under subsection (c)
to the 10 subcircuit resident
| 8 | | judgeships. The
additional resident
judgeship created
by | 9 | | Public Act 93-541 shall be filled by election beginning at the
| 10 | | general
election in
2006. The 2 additional resident judgeships | 11 | | created by this amendatory Act of 2004 shall be filled by | 12 | | election beginning at the general election in 2008. The | 13 | | additional resident judgeships created by this amendatory Act | 14 | | of the 96th General Assembly shall be filled by election | 15 | | beginning at the general election in 2010. After the | 16 | | subcircuits are created by
law, the Supreme Court may fill by | 17 | | appointment the additional resident judgeships created by | 18 | | Public Act 93-541,
this
amendatory Act of 2004, and this | 19 | | amendatory Act of the 96th General Assembly until the 2006, | 20 | | 2008, or 2010
general
election, as the case may be.
| 21 | | (b-5) In addition to the number of circuit judges and | 22 | | resident judges otherwise authorized by law, and | 23 | | notwithstanding any other provision of law, beginning on April | 24 | | 1, 2006 there shall be one additional resident judge who is a | 25 | | resident of and elected from the fourth judicial subcircuit of | 26 | | the 12th judicial circuit. That additional resident judgeship |
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| 1 | | may be filled by appointment by the Supreme Court until filled | 2 | | by election at the general election in 2008, regardless of | 3 | | whether the judgeships for subcircuits 1, 2, and 3 have been | 4 | | filled. | 5 | | (c) The Supreme Court shall allot (i) the additional | 6 | | resident judgeships
of the 12th circuit created by Public Act | 7 | | 93-541, this amendatory Act of 2004, and this amendatory Act of | 8 | | the 96th General Assembly, (ii)
the second vacancy in the at | 9 | | large and resident judgeships of the 12th
circuit as provided | 10 | | in subsection (a-10),
and (iii) the 2 formerly at large | 11 | | judgeships described in subsection (a-15) as they become | 12 | | available, for election from the
various
subcircuits until, | 13 | | with the additional judge of the fourth subcircuit described in | 14 | | subsection (b-5), there are 2 resident judges to be elected | 15 | | from each
subcircuit. No at large or resident judge of the 12th | 16 | | circuit serving on
August 18, 2003 shall be
required to change | 17 | | his or her residency in order to continue serving in office
or
| 18 | | to seek retention in office as at large or resident judgeships | 19 | | are allotted by
the
Supreme Court in accordance with this | 20 | | Section.
| 21 | | (d) A resident judge elected from a subcircuit shall | 22 | | continue to reside in
that
subcircuit as long as he or she | 23 | | holds that office. A resident judge elected from a subcircuit | 24 | | after January 1, 2008, must retain residency as a registered | 25 | | voter in the subcircuit to run for retention from the circuit | 26 | | at large thereafter.
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| 1 | | (e) Vacancies in resident judgeships of the 12th circuit | 2 | | shall be filled
in the manner provided in Article VI of the | 3 | | Illinois Constitution, except as otherwise provided in this | 4 | | Section.
| 5 | | (Source: P.A. 95-610, eff. 9-11-07; 96-108, eff. 7-30-09.)
| 6 | | (705 ILCS 35/2f-5)
| 7 | | Sec. 2f-5. 22nd circuit; subcircuits; additional resident | 8 | | judgeship.
| 9 | | (a) The 22nd circuit shall be divided into 4 subcircuits. | 10 | | The
subcircuits shall be
compact, contiguous, and | 11 | | substantially equal in population. The General
Assembly by law | 12 | | shall
create the subcircuits, using population
data as
| 13 | | determined by the 2000 federal census, and
shall determine a | 14 | | numerical order for the 4 subcircuits. That numerical
order | 15 | | shall
be the basis for the order in which resident judgeships | 16 | | are assigned to the
subcircuits.
Once a resident judgeship is
| 17 | | assigned to a subcircuit, it shall continue to be
assigned to
| 18 | | that subcircuit for all purposes.
| 19 | | (a-5) In 2021, the Independent Redistricting Commission | 20 | | shall redraw the boundaries of the subcircuits to reflect the | 21 | | results of the 2020 federal decennial census. The Independent | 22 | | Redistricting Commission shall redraw the subcircuit | 23 | | boundaries after every federal decennial census. The | 24 | | subcircuits shall be compact, contiguous, and substantially | 25 | | equal in population. In accordance with subsection (a), a |
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| 1 | | resident judgeship assigned to a subcircuit shall continue to | 2 | | be assigned to that subcircuit. Any vacancy in a resident | 3 | | judgeship existing on or occurring after the effective date of | 4 | | a law redrawing the boundaries of the subcircuits shall be | 5 | | filled by a resident of the redrawn subcircuit. | 6 | | (b) Other than the resident judgeship added by this | 7 | | amendatory Act of the 96th General Assembly, the 22nd circuit | 8 | | shall have one additional resident judgeship, as well as its 3 | 9 | | existing resident judgeships, for a total of 4 resident | 10 | | judgeships to be allotted to the 4 subcircuit resident | 11 | | judgeships. The additional resident judgeship created by this | 12 | | amendatory Act of the 93rd General Assembly shall be filled by | 13 | | election beginning at the general election in 2006 and shall | 14 | | not be filled by appointment before the general election in | 15 | | 2006.
The number of resident judgeships allotted to subcircuits | 16 | | of the 22nd judicial circuit pursuant to this Section, and the | 17 | | resident judgeship added by this amendatory Act of the 96th | 18 | | General Assembly, shall constitute all the resident judgeships | 19 | | of the 22nd judicial circuit.
| 20 | | (c) The Supreme Court shall allot (i)
all eligible | 21 | | vacancies in
resident
judgeships of the 22nd circuit existing | 22 | | on or occurring on or after August 18, 2003 and not filled at | 23 | | the 2004 general election, (ii) the resident
judgeships of the | 24 | | 22nd circuit filled at the 2004 general election as
those | 25 | | judgeships thereafter become vacant,
and (iii) the additional | 26 | | resident judgeship of the 22nd circuit created by this |
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| 1 | | amendatory Act of the 93rd General Assembly, for election from | 2 | | the
various
subcircuits until there is one resident judge to be | 3 | | elected from each
subcircuit.
No resident judge of the 22nd | 4 | | circuit serving on
August 18, 2003 shall be
required to change | 5 | | his or her residency in order to continue serving in office
or
| 6 | | to seek retention in office as resident judgeships are allotted | 7 | | by the
Supreme Court in accordance with this Section.
| 8 | | (d) A resident judge elected from a subcircuit shall | 9 | | continue to reside in
that
subcircuit as long as he or she | 10 | | holds that office. A resident judge elected from a subcircuit | 11 | | after January 1, 2008, must retain residency as a registered | 12 | | voter in the subcircuit to run for retention from the circuit | 13 | | at large thereafter.
| 14 | | (e) Vacancies in resident judgeships of the 22nd circuit | 15 | | shall be
filled
in the manner provided in Article VI of the | 16 | | Illinois Constitution.
| 17 | | (Source: P.A. 95-610, eff. 9-11-07; 96-108, eff. 7-30-09.)
| 18 | | (705 ILCS 35/2f-6) | 19 | | Sec. 2f-6. 17th judicial circuit; subcircuits. | 20 | | (a) The 17th circuit shall be divided into 4 subcircuits. | 21 | | The
subcircuits shall be
compact, contiguous, and | 22 | | substantially equal in population. The General
Assembly by law | 23 | | shall
create the subcircuits, using population
data as
| 24 | | determined by the 2000 federal census, and
shall determine a | 25 | | numerical order for the 4 subcircuits. That
numerical order |
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| 1 | | shall be the basis for the order in which resident judgeships
| 2 | | are assigned to
the subcircuits. Once a resident judgeship is | 3 | | assigned to a subcircuit, it
shall continue to be assigned to | 4 | | that subcircuit for all purposes.
| 5 | | (a-5) In 2021, the Independent Redistricting Commission | 6 | | shall redraw the boundaries of the subcircuits to reflect the | 7 | | results of the 2020 federal decennial census. The Independent | 8 | | Redistricting Commission shall redraw the subcircuit | 9 | | boundaries after every federal decennial census. The | 10 | | subcircuits shall be compact, contiguous, and substantially | 11 | | equal in population. In accordance with subsection (a), a | 12 | | resident judgeship assigned to a subcircuit shall continue to | 13 | | be assigned to that subcircuit. Any vacancy in a resident | 14 | | judgeship existing on or occurring after the effective date of | 15 | | a law redrawing the boundaries of the subcircuits shall be | 16 | | filled by a resident of the redrawn subcircuit. | 17 | | (a-10) Of the 17th circuit's 9 circuit judgeships existing | 18 | | on April 7, 2005 (6 at large and
3 resident), but not including | 19 | | the one resident judgeship added by this amendatory Act of the | 20 | | 96th General Assembly, the 3 resident judgeships shall be | 21 | | allotted as 17th circuit resident judgeships under
subsection | 22 | | (c) as those resident judgeships
are or become vacant on or | 23 | | after the effective date of this amendatory Act of the 93rd | 24 | | General Assembly. Of the 17th circuit's associate judgeships, | 25 | | the first associate judgeship that is or becomes vacant on or | 26 | | after the effective date of this amendatory Act of the 93rd |
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| 1 | | General Assembly shall become a resident judgeship of the 17th | 2 | | circuit to be allotted by the Supreme Court under subsection | 3 | | (c) as a resident subcircuit judgeship. These resident | 4 | | judgeships, and the one resident judgeship added by this | 5 | | amendatory Act of the 96th General Assembly, shall constitute | 6 | | all of the resident judgeships of the 17th circuit. As used in | 7 | | this subsection, a vacancy does not include the
expiration of a | 8 | | term of a resident judge who seeks
retention in that office at | 9 | | the next term. A vacancy does not exist or occur at the | 10 | | expiration of an associate judge's term if the associate judge | 11 | | is reappointed.
| 12 | | (b) The 17th circuit shall have a total of 4 judgeships (3 | 13 | | resident judgeships existing on April 7, 2005 and one associate | 14 | | judgeship), but not including the one resident judgeship added | 15 | | by this amendatory Act of the 96th General Assembly, available | 16 | | to be allotted to the 4 subcircuit resident judgeships.
| 17 | | (c) The Supreme Court shall allot (i) the 3 resident
| 18 | | judgeships of the 17th circuit existing on April 7, 2005 as | 19 | | they are or become vacant as provided in subsection (a-10) and | 20 | | (ii) the one associate judgeship converted into a resident | 21 | | judgeship of the 17th circuit as it is or becomes vacant as | 22 | | provided in subsection (a-10),
for election from the
various
| 23 | | subcircuits until there is one resident judge to be elected | 24 | | from each
subcircuit.
No resident or associate judge of the | 25 | | 17th circuit serving on
the effective date of this amendatory | 26 | | Act of the 93rd General Assembly shall be
required to change |
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| 1 | | his or her residency in order to continue serving in office
or
| 2 | | to seek retention or reappointment in office as resident | 3 | | judgeships are allotted by the
Supreme Court in accordance with | 4 | | this Section.
| 5 | | (d) A resident judge elected from a subcircuit shall | 6 | | continue to reside in
that
subcircuit as long as he or she | 7 | | holds that office.
A resident judge elected from a subcircuit | 8 | | after January 1, 2008, must retain residency as a registered | 9 | | voter in the subcircuit to run for retention from the circuit | 10 | | at large thereafter.
| 11 | | (e) Vacancies in resident judgeships of the 17th circuit | 12 | | shall be
filled
in the manner provided in Article VI of the | 13 | | Illinois Constitution.
| 14 | | (Source: P.A. 95-610, eff. 9-11-07; 96-108, eff. 7-30-09.) | 15 | | (705 ILCS 35/2f-9) | 16 | | Sec. 2f-9. 16th judicial circuit; subcircuits. | 17 | | (a) The 16th circuit shall be divided into 4 subcircuits. | 18 | | Subcircuits 1, 2, and 4 of the 16th circuit in existence on | 19 | | April 15, 2011 shall continue to use their established | 20 | | boundaries in the new 16th circuit as of December 3, 2012. | 21 | | Subcircuit 3 in existence on April 15, 2011 shall continue to | 22 | | use its established boundary until December 3, 2012. For a | 23 | | judge elected to subcircuit 3 as of April 15, 2011, the current | 24 | | boundaries in existence as of April 15, 2011 shall continue | 25 | | until the conclusion of the existing term of office, following |
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| 1 | | the 2012 general election, and upon the conclusion of the | 2 | | existing term of office, the new boundary shall go into effect. | 3 | | The new boundary for subcircuit 3 shall contain and be made up | 4 | | of the following townships in the County of Kane, excluding the | 5 | | portions of the townships currently served by subcircuit 1, 2, | 6 | | or 4: Aurora, Blackberry, Big Rock, Burlington, Campton, | 7 | | Dundee, Elgin, Hampshire, Kaneville, Plato, Rutland, Sugar | 8 | | Grove, and Virgil. The
subcircuits shall be
compact, | 9 | | contiguous, and substantially equal in population. The General
| 10 | | Assembly by law shall
create the subcircuits, using population
| 11 | | data as
determined by the 2000 federal census, and
shall | 12 | | determine a numerical order for the 4 subcircuits. That
| 13 | | numerical order shall be the basis for the order in which | 14 | | resident judgeships
are assigned to
the subcircuits. Once a | 15 | | resident judgeship is assigned to a subcircuit, it
shall | 16 | | continue to be assigned to that subcircuit for all purposes.
| 17 | | (a-5) In 2021, the Independent Redistricting Commission | 18 | | shall redraw the boundaries of the subcircuits to reflect the | 19 | | results of the 2020 federal decennial census. The Independent | 20 | | Redistricting Commission shall redraw the subcircuit | 21 | | boundaries after every federal decennial census. The | 22 | | subcircuits shall be compact, contiguous, and substantially | 23 | | equal in population. In accordance with subsection (a), a | 24 | | resident judgeship assigned to a subcircuit shall continue to | 25 | | be assigned to that subcircuit. Any vacancy in a resident | 26 | | judgeship existing on or occurring after the effective date of |
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| 1 | | a law redrawing the boundaries of the subcircuits shall be | 2 | | filled by a resident of the redrawn subcircuit. | 3 | | (b) (Blank).
| 4 | | (c) No resident judge of the 16th circuit serving on
the | 5 | | effective date of this amendatory Act of the 93rd General | 6 | | Assembly shall be
required to change his or her residency in | 7 | | order to continue serving in office
or
to seek retention in | 8 | | office as judgeships are allotted by the
Supreme Court in | 9 | | accordance with this Section.
No resident judge elected from a | 10 | | subcircuit serving on the effective date of this amendatory Act | 11 | | of the 97th General Assembly shall be required to change his or | 12 | | her residency in order to continue serving in or to seek | 13 | | retention in office until the 2012 general election, or until | 14 | | the conclusion of the existing term. | 15 | | (d) A resident judge elected from a subcircuit shall | 16 | | continue to reside in
that
subcircuit as long as he or she | 17 | | holds that office.
A resident judge elected from a subcircuit | 18 | | after January 1, 2008, must retain residency as a registered | 19 | | voter in the subcircuit to run for retention from the circuit | 20 | | at large thereafter.
A resident judge elected from a subcircuit | 21 | | after January 1, 2011, must retain residency as a registered | 22 | | voter in the subcircuit to run for retention from the circuit | 23 | | at large thereafter. | 24 | | (e) Vacancies in resident judgeships of the 16th circuit | 25 | | shall be
filled
in the manner provided in Article VI of the | 26 | | Illinois Constitution.
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| 1 | | (Source: P.A. 96-108, eff. 7-30-09; 97-585, eff. 8-26-11.) | 2 | | (705 ILCS 35/29 new) | 3 | | Sec. 29. Independent Redistricting Commission. | 4 | | (a) The Independent Redistricting Commission is hereby | 5 | | created. | 6 | | (b) Each judicial subcircuit shall, in the following order | 7 | | of priority: | 8 | | (1) fully comply with the United States Constitution | 9 | | and federal laws, such as the federal Voting Rights Act; | 10 | | (2) be substantially equal in population; | 11 | | (3) provide racial minorities and language minorities | 12 | | with the equal opportunity to participate in the political | 13 | | process and elect candidates of their choice; | 14 | | (4) provide racial minorities and language minorities | 15 | | who constitute less than a voting-age majority of a | 16 | | judicial subcircuit with an opportunity to substantially | 17 | | influence the outcome of an election; | 18 | | (5) be contiguous; | 19 | | (6) be compact; | 20 | | (7) respect, to the extent practical, the geographic | 21 | | integrity of units of local government; | 22 | | (8) respect, to the extent practical, communities | 23 | | sharing common social or economic interests; and | 24 | | (9) not discriminate against or in favor of any | 25 | | political party or individual. |
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| 1 | | (c) No later than December 30 of the year that each federal | 2 | | decennial census occurs, the Chief Justice and the most senior | 3 | | Supreme
Court Justice who is not elected from the same | 4 | | political party as the Chief Justice shall select 16 | 5 | | commissioners to form the Commission. The commissioners shall | 6 | | reflect the ethnic, gender, and racial demographics of this | 7 | | State, 14 of the commissioners shall represent, in equal | 8 | | number, the 2 political parties whose gubernatorial candidates | 9 | | received the greatest number of votes in the last gubernatorial | 10 | | election and 2 of the commissioners shall represent neither of | 11 | | those parties. The 2 Justices responsible for selecting the 16 | 12 | | commissioners shall consider party identification and all | 13 | | campaign contributions in determining a potential | 14 | | commissioner's eligibility. There shall be at least 2 | 15 | | commissioners from each Judicial District. | 16 | | (d) A person is ineligible to serve on the Commission if | 17 | | within the previous 4 calendar years the person or his or her | 18 | | spouse or immediate family member was appointed or elected to a | 19 | | position with the State, federal, or local government; is a | 20 | | State employee; is a lobbyist as defined by law; has an | 21 | | ownership interest in an entity with a State or federal | 22 | | contract; or is appointed or elected to serve a political | 23 | | party. A commissioner is ineligible for a period of 10 years to | 24 | | serve in the General Assembly or to be appointed to a position | 25 | | subject to Senate confirmation. A commissioner shall file a | 26 | | financial disclosure statement and abide by any ethics |
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| 1 | | requirements established by law. | 2 | | (e) The Commission shall act in public meetings by the | 3 | | affirmative vote of 10 commissioners. The Commission shall | 4 | | elect its chairperson and vice chairperson, who shall not be | 5 | | affiliated with the same political party. Each meeting of the | 6 | | Commission shall be open to the public and there shall be | 7 | | public notice at least 7 days before a meeting. All records of | 8 | | the Commission, including all communications to or from the | 9 | | Commission regarding the work of the Commission, shall be | 10 | | available for public inspection. The Commission shall adopt | 11 | | rules governing its procedures. The Commission shall be | 12 | | considered a public body subject to the Freedom of Information | 13 | | Act or a successor Act and the Open Meetings Act or a successor | 14 | | Act. Commissioners and staff may not communicate with or | 15 | | receive communications about redistricting matters from anyone | 16 | | outside of a public hearing. | 17 | | (f) The Commission shall hold at least 20 public hearings | 18 | | throughout the State before adopting a redistricting plan, with | 19 | | a majority occurring before the Commission releases any | 20 | | proposed redistricting plan and at least 10 public hearings | 21 | | shall occur throughout the State after the release of any | 22 | | proposed redistricting plan. | 23 | | The Commission shall provide a meaningful opportunity for | 24 | | racial minorities and language minorities to participate in the | 25 | | public hearings, including, but not limited to, issuing notices | 26 | | in multiple languages and ensuring that translation services |
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| 1 | | are available at all hearings at the Commission's expense or | 2 | | through partnership with outside organizations. These public | 3 | | hearings shall be open to all members of the public and shall | 4 | | be planned to encourage attendance and participation across the | 5 | | State, including the use of technology that allows for | 6 | | real-time, virtual participation and feedback during the | 7 | | hearings. When releasing a proposed redistricting plan, the | 8 | | Commission shall also release population data, geographic | 9 | | data, election data, and any other data used to create the | 10 | | plan, when the Commission receives this information. The | 11 | | Commission shall also provide terminals for members of the | 12 | | public to access the data and associated software. During the | 13 | | map drawing process, any member of the public may submit maps | 14 | | for consideration to the Commission. Those submissions are | 15 | | public records that are open to comment. | 16 | | The Commission may not adopt a redistricting plan until the | 17 | | Commission adopts and publishes a report explaining the plan's | 18 | | compliance with the United States Constitution and Illinois | 19 | | Constitution. Before the adoption of a redistricting plan, the | 20 | | Commission shall release to the public the final plan and its | 21 | | associated compliance report. The meeting to vote on adoption | 22 | | of a redistricting plan shall occur no sooner than 30 days | 23 | | after the release of the final plan and its associated | 24 | | compliance report. All proposed and adopted maps and any data | 25 | | used to develop these maps are public records. The Commission | 26 | | shall maintain a website or other similar electronic platform |
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| 1 | | to disseminate information about the Commission, including | 2 | | records of its meetings and hearings, proposed redistricting | 3 | | plans, assessments and reports on plans, and to allow the | 4 | | public to view its meetings and hearings in both live and | 5 | | archived form. The website or electronic platform shall allow | 6 | | the public to submit redistricting plans and comments on | 7 | | redistricting plans to the Commission for its consideration. | 8 | | (g) The Commission shall adopt and file with the Secretary | 9 | | of State a redistricting plan for the judicial subcircuits by | 10 | | August 1 of the year following the federal decennial census. | 11 | | The Commission may adopt separate redistricting plans for the | 12 | | judicial subcircuits. | 13 | | (h) If the Commission fails to adopt and file a | 14 | | redistricting plan by August 1 of the year following a federal | 15 | | decennial census, the Chief Justice of the Supreme Court and | 16 | | the most senior Supreme Court Justice who is not elected from | 17 | | the same political party as the Chief Justice shall appoint, by | 18 | | August 8, a 17th member to the Commission. The 17th member of | 19 | | the Commission shall not be affiliated with either major | 20 | | political party. The 17-member Commission shall adopt and file | 21 | | with the Secretary of State redistricting plans for the | 22 | | judicial subcircuits by September 1 of the year following the | 23 | | federal decennial census. | 24 | | (i) Members of the Commission are
eligible for | 25 | | reimbursement of personal expenses incurred in
connection with | 26 | | the duties performed pursuant to this act. A
member's residence |
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| 1 | | is deemed to be the member's post of duty
for purposes of | 2 | | reimbursement of expenses. | 3 | | (j) A redistricting plan filed with the Secretary of State | 4 | | shall be presumed valid and shall be published promptly by the | 5 | | Secretary of State. | 6 | | (k) The Supreme Court shall have original and exclusive | 7 | | jurisdiction over actions concerning the redistricting of the | 8 | | judicial subcircuits, which shall be initiated in the name of | 9 | | the People of the State by the Attorney General. Each person | 10 | | who resides or is domiciled in the State, or whose executive | 11 | | office or principal place of business is located in the State, | 12 | | may bring an action in court of competent jurisdiction to | 13 | | obtain any of the relief available. ".
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