Full Text of HJRCA0018 99th General Assembly
HC0018 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT HC0018 Introduced , by Rep. Scott Drury SYNOPSIS AS INTRODUCED: |
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Proposes to amend the Legislature Article of the Illinois Constitution. Creates the Independent Redistricting Commission to adopt and file with the Secretary of State a redistricting plan for Legislature and Representative Districts. Provides for the selection of Commissioners and establishes the authority of a Special Commissioner to design a redistricting plan in the event that the Commission fails to properly adopt and file a redistricting plan.
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| 1 | | HOUSE JOINT RESOLUTION
| 2 | | CONSTITUTIONAL AMENDMENT
| 3 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 4 | | NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 5 | | SENATE 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 Section 3 of Article IV | 9 | | of the Illinois Constitution as follows:
| 10 | | ARTICLE IV
| 11 | | THE LEGISLATURE
| 12 | | (ILCON Art. IV, Sec. 3)
| 13 | | SECTION 3. LEGISLATIVE REDISTRICTING
| 14 | | (a) The Independent Redistricting Commission shall adopt | 15 | | and file with the Secretary of State a redistricting plan for | 16 | | Legislative Districts and Representative Districts by June 30 | 17 | | of the year following each federal decennial census. | 18 | | Legislative Districts shall be contiguous and substantially | 19 | | equal in population. Representative Districts shall be | 20 | | contiguous and substantially equal in population. The | 21 | | redistricting plan shall comply with federal law. Subject to | 22 | | the foregoing, the Commission shall apply the following | 23 | | criteria: (1) the redistricting plan shall not dilute or |
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| 1 | | diminish the ability of a racial or language minority community | 2 | | to elect the candidates of its choice, including when voting in | 3 | | concert with other persons; (2) districts shall respect the | 4 | | geographic integrity of units of local government; (3) | 5 | | districts shall respect the geographic integrity of | 6 | | communities sharing common social and economic interests, | 7 | | which do not include relationships with political parties or | 8 | | candidates for office; and (4) the redistricting plan shall not | 9 | | either purposefully or significantly discriminate against or | 10 | | favor any political party or group. In designing the | 11 | | redistricting plan, the Commission shall consider party | 12 | | registration and voting history data only to assess compliance | 13 | | with the foregoing criteria, and shall not consider the | 14 | | residence of any person. The Commission shall hold at least one | 15 | | public hearing in each Judicial District before, and at least | 16 | | one public hearing in each Judicial District after, releasing | 17 | | the initial proposed redistricting plan. The Commission may not | 18 | | adopt a final redistricting plan unless the plan to be adopted | 19 | | without further amendment, and a report explaining its | 20 | | compliance with this Constitution and the criteria applicable, | 21 | | have been publicly noticed at least seven days before the final | 22 | | vote on the plan. An adopted redistricting plan shall have the | 23 | | force and effect of law and shall be published promptly by the | 24 | | Secretary of State. The State Board of Elections shall provide | 25 | | the Commission and the public with complete and accurate census | 26 | | information and technology sufficient to propose redistricting |
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| 1 | | plans. The Commission shall adopt rules governing its procedure | 2 | | and the implementation of this Section. | 3 | | (b) The Commission shall act in public meetings by | 4 | | affirmative vote of six Commissioners, except that approval of | 5 | | any redistricting plan shall require the affirmative vote of at | 6 | | least seven Commissioners, including at least (1) two | 7 | | Commissioners from each political party whose candidate for | 8 | | Governor received the most and second-most votes cast in the | 9 | | last general election for Governor, and (2) two Commissioners | 10 | | not affiliated with either such political party. The Commission | 11 | | shall elect from its number a chairperson and vice chairperson, | 12 | | who shall not be affiliated with the same political party. Six | 13 | | Commissioners shall constitute a quorum. All meetings of the | 14 | | Commission attended by at least four Commissioners, except for | 15 | | meetings qualified under attorney-client privilege during | 16 | | pending litigation, shall be open to the public and publicly | 17 | | noticed at least two days prior to the meeting. All records of | 18 | | the Commission, including communications between Commissioners | 19 | | regarding the Commission's work, shall be open for public | 20 | | inspection, except for records qualified under attorney-client | 21 | | privilege. The Commission may retain assistance from counsel, | 22 | | technical staff, and other persons with relevant skills and | 23 | | shall be provided with adequate resources to complete its work. | 24 | | (c) For the purpose of conducting the Commissioner | 25 | | selection process, an Applicant Review Panel comprised of three | 26 | | Reviewers shall be chosen in the following manner in the year |
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| 1 | | in which each federal decennial census occurs. Beginning no | 2 | | later than January 1 and ending no later than March 1 of the | 3 | | year in which the federal decennial census occurs, the Auditor | 4 | | General shall request and accept applications of individuals | 5 | | applying to serve as Reviewers. By March 31, the Auditor | 6 | | General shall appoint a Panel of three Reviewers, selected by | 7 | | random draw from eligible applicants. The Panel shall act in | 8 | | public meetings by affirmative vote of at least two Reviewers. | 9 | | All meetings of the Panel shall be open to the public and | 10 | | publicly noticed at least two days before the meeting. All | 11 | | records of the Panel, including applications to serve on the | 12 | | Panel or the Commission, shall be open for public inspection, | 13 | | except for private information about applicants for which there | 14 | | is no compelling public interest in disclosure. The Panel may | 15 | | retain assistance from counsel, technical staff, and other | 16 | | persons with relevant skills and shall be provided with | 17 | | adequate resources to complete its work. | 18 | | (d) The 11-member Independent Redistricting Commission | 19 | | shall be chosen in the following manner in the year in which | 20 | | each federal decennial census occurs. Beginning no later than | 21 | | January 1 and ending no later than March 1 of the year in which | 22 | | the federal decennial census occurs, the Auditor General shall | 23 | | request and accept applications to serve as Commissioners. By | 24 | | May 31, the Applicant Review Panel shall select 100 eligible | 25 | | applicants based on their relevant analytical skills, | 26 | | impartiality, and ability to contribute to a fair redistricting |
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| 1 | | process, and shall ensure that such applicants reflect the | 2 | | demographic and geographic diversity of the State. The Speaker | 3 | | and Minority Leader of the House of Representatives and the | 4 | | President and Minority Leader of the Senate each may remove up | 5 | | to five of the applicants selected by the Panel. By June 30, | 6 | | the Panel shall conduct a random drawing from the remaining | 7 | | applicants in order to select seven Commissioners that | 8 | | individually and collectively satisfy the following | 9 | | requirements (with the random drawing to continue until seven | 10 | | qualified Commissioners are selected): (1) the seven | 11 | | Commissioners shall reside among the Judicial Districts in the | 12 | | same proportion as the number of judges elected therefrom under | 13 | | Section 3 of Article VI of this Constitution, (2) two | 14 | | Commissioners shall be affiliated with the political party | 15 | | whose candidate for Governor received the most votes cast in | 16 | | the last general election for Governor, two Commissioners shall | 17 | | be affiliated with the political party whose candidate for | 18 | | Governor received the second-most votes cast in such election, | 19 | | and the remaining three Commissioners shall not be affiliated | 20 | | with either such political party, and (3) no more than two | 21 | | Commissioners may be affiliated with the same political party. | 22 | | The Speaker and Minority Leader of the House of Representatives | 23 | | and the President and Minority Leader of the Senate each shall | 24 | | appoint one Commissioner from among the remaining applicants on | 25 | | the basis of the appointee's contribution to the demographic | 26 | | and geographic diversity of the Commission. |
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| 1 | | (e) To be eligible to serve as a Reviewer, a person must | 2 | | have education and experience in the examination and assessment | 3 | | of personnel, records, systems, or procedures for 10 years | 4 | | preceding his or her application, must have demonstrated | 5 | | understanding of and adherence to standards of ethical conduct, | 6 | | and must not have been affiliated with any political party | 7 | | within the three years preceding appointment. To be eligible to | 8 | | serve as a Commissioner, Special Commissioner for | 9 | | Redistricting, or Reviewer, a person must (1) be a resident and | 10 | | registered voter of the State for the four years preceding | 11 | | appointment, (2) within the three years preceding appointment, | 12 | | must not have been the holder of, or a candidate for, any | 13 | | public office in the State, an employee or officer of the State | 14 | | or a unit of local government or a political party, registered | 15 | | as a lobbyist anywhere in the United States, or party to a | 16 | | contract to provide goods or services to the State or a | 17 | | principal, officer, or executive employee of such a contractor, | 18 | | and (3) within the three years preceding appointment, must not | 19 | | have resided with any person described in clause (2) of this | 20 | | subsection. For 10 years after service as a Commissioner or | 21 | | Special Commissioner, a person is ineligible to serve as a | 22 | | Senator, Representative, officer of the Executive Branch, | 23 | | judge, or associate judge of the State or an officer or | 24 | | employee of the State whose appointment is subject to | 25 | | confirmation by the Senate. A vacancy on the Commission or | 26 | | Panel shall be filled within five days by an eligible applicant |
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| 1 | | in the manner in which the office was previously filled; with | 2 | | respect to the Commission, the replacement Commissioner shall | 3 | | be drawn where possible from the remaining applicants | 4 | | previously selected by the Panel. | 5 | | (f) If the Commission fails to adopt and file with the | 6 | | Secretary of State a redistricting plan by June 30 of the year | 7 | | following a federal decennial census, the Chief Justice of the | 8 | | Supreme Court and the most senior justice of the Supreme Court | 9 | | who is not affiliated with the same political party as the | 10 | | Chief Justice shall appoint jointly by July 31 a Special | 11 | | Commissioner for Redistricting. The Special Commissioner shall | 12 | | design and file with the Secretary of State by August 31 a | 13 | | redistricting plan satisfying the requirements and criteria | 14 | | set forth in subsection (a) and a report explaining its | 15 | | compliance with this Constitution and the criteria applicable. | 16 | | The Special Commissioner shall hold at least one public hearing | 17 | | in the State before releasing his or her initial proposed | 18 | | redistricting plan and at least one public hearing in a | 19 | | different location in the State after releasing his or her | 20 | | initial proposed redistricting plan and before filing the final | 21 | | redistricting plan with the Secretary of State. The | 22 | | redistricting plan shall have the force and effect of law and | 23 | | shall be published promptly by the Secretary of State. | 24 | | (g) The Supreme Court shall have original jurisdiction in | 25 | | cases relating to matters under this Section. The Commission | 26 | | shall have exclusive authority and shall be provided by the |
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| 1 | | General Assembly adequate resources to defend any | 2 | | redistricting plan adopted by the Commission. | 3 | | (a) Legislative Districts shall be compact, contiguous and
| 4 | | substantially equal in population. Representative Districts | 5 | | shall be compact,
contiguous, and substantially equal in | 6 | | population.
| 7 | | (b) In the year following each Federal decennial census | 8 | | year, the
General Assembly by law shall redistrict the | 9 | | Legislative Districts and the
Representative Districts.
| 10 | | If no redistricting plan becomes effective by June 30 of | 11 | | that year, a
Legislative Redistricting Commission shall be | 12 | | constituted not later than
July 10. The Commission shall | 13 | | consist of eight members, no more than
four of whom shall be | 14 | | members of the same political party.
| 15 | | The Speaker and Minority Leader of the House of | 16 | | Representatives shall
each appoint to the Commission one | 17 | | Representative and one person who is
not a member of the | 18 | | General Assembly. The President and Minority Leader
of the | 19 | | Senate shall each appoint to the Commission one Senator and one
| 20 | | person who is not a member of the General Assembly.
| 21 | | The members shall be certified to the Secretary of State by | 22 | | the
appointing authorities. A vacancy on the Commission shall | 23 | | be filled
within five days by the authority that made the | 24 | | original appointment. A
Chairman and Vice Chairman shall be | 25 | | chosen by a majority of all members
of the Commission.
| 26 | | Not later than August 10, the Commission shall file with |
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| 1 | | the
Secretary of State a redistricting plan approved by at | 2 | | least five
members.
| 3 | | If the Commission fails to file an approved redistricting | 4 | | plan, the
Supreme Court shall submit the names of two persons, | 5 | | not of the same
political party, to the Secretary of State not | 6 | | later than September 1.
| 7 | | Not later than September 5, the Secretary of State publicly | 8 | | shall
draw by random selection the name of one of the two | 9 | | persons to serve as
the ninth member of the Commission.
| 10 | | Not later than October 5, the Commission shall file with | 11 | | the
Secretary of State a redistricting plan approved by at | 12 | | least five
members.
| 13 | | An approved redistricting plan filed with the Secretary of | 14 | | State
shall be presumed valid, shall have the force and effect | 15 | | of law and
shall be published promptly by the Secretary of | 16 | | State.
| 17 | | The Supreme Court shall have original and exclusive | 18 | | jurisdiction over
actions concerning redistricting the House | 19 | | and Senate, which shall be
initiated in the name of the People | 20 | | of the State by the Attorney
General.
| 21 | | (Source: Amendment adopted at general election November 4, | 22 | | 1980.)
| 23 | | SCHEDULE
| 24 | | This Constitutional Amendment takes effect upon being | 25 | | declared adopted in accordance with Section 7 of the Illinois |
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| 1 | | Constitutional Amendment Act.
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