Full Text of HB5873 101st General Assembly
HB5873 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5873 Introduced , by Rep. Tim Butler SYNOPSIS AS INTRODUCED: |
| 10 ILCS 125/10-10 new | | 10 ILCS 125/10-5 rep. | |
|
Amends the Redistricting Transparency and Public Participation Act. Creates the Independent Redistricting Commission to adopt and file with the Secretary of State a redistricting plan for Legislative and Representative Districts (rather than requiring the Senate and House of Representatives to each establish a committee, or the Senate and House of Representatives may create by joint resolution a joint committee of both chambers, to consider proposals to redistrict the Legislative Districts or Representative Districts). Provides the commissioner selection process and meeting and voting requirements to adopt a plan. Makes conforming changes in the Act. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | HB5873 | | LRB101 23339 SMS 74513 b |
|
| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Redistricting Transparency and Public | 5 | | Participation Act is amended by adding Section 10-10 as | 6 | | follows: | 7 | | (10 ILCS 125/10-10 new) | 8 | | Sec. 10-10. Independent Redistricting Commission. | 9 | | (a) The Independent Redistricting Commission comprised of | 10 | | 11 commissioners shall adopt and file with the Secretary of | 11 | | State a redistricting plan for Legislative Districts and | 12 | | Representative Districts by June 30 of the year following each | 13 | | federal decennial census. Legislative districts shall be | 14 | | contiguous and substantially equal in population. | 15 | | Representative Districts shall be contiguous and substantially | 16 | | equal in population. The redistricting plan shall comply with | 17 | | federal law. Subject to the foregoing, the Commission shall | 18 | | apply the following criteria: (1) the redistricting plan shall | 19 | | not dilute or diminish the ability of a racial or language | 20 | | minority community to elect the candidates of its choice, | 21 | | including when voting in concert with other persons; (2) the | 22 | | redistricting plan shall respect the geographic integrity of | 23 | | units of local government; and (3) the redistricting plan shall |
| | | HB5873 | - 2 - | LRB101 23339 SMS 74513 b |
|
| 1 | | respect the geographic integrity of communities sharing common | 2 | | social and economic interests, which do not include | 3 | | relationships with political parties or candidates for office. | 4 | | The redistricting plan shall not either intentionally or unduly | 5 | | discriminate against or intentionally or unduly favor any | 6 | | political party, political group, or particular person. In | 7 | | designing the redistricting plan, the Commission shall | 8 | | consider party registration and voting history data only to | 9 | | assess compliance with the requirements in this subsection (a). | 10 | | (b) For the purpose of conducting the commissioner | 11 | | selection process, an applicant review panel comprising of 3 | 12 | | reviewers shall be chosen in the manner set forth in this | 13 | | subsection (b). Beginning not later than February 1 and ending | 14 | | not later than February 8 following the year in which the | 15 | | federal decennial census occurs, the Auditor General shall | 16 | | request and accept applications to serve as a reviewer. The | 17 | | Auditor General shall review all applications and select a pool | 18 | | of 30 potential reviewers. The Auditor General should select | 19 | | applicants for the pool of potential reviewers who would | 20 | | operate in an ethical and non-partisan manner by considering | 21 | | whether each applicant is a resident and registered voter of | 22 | | the State and has been for the 4 years preceding his or her | 23 | | application, has demonstrated understanding of and adherence | 24 | | to standards of ethical conduct, and has been unaffiliated with | 25 | | any political party for the 3 years preceding appointment. By | 26 | | February 15 following the year in which the federal decennial |
| | | HB5873 | - 3 - | LRB101 23339 SMS 74513 b |
|
| 1 | | census occurs, the Auditor General shall publicly select by | 2 | | random draw the applicant review panel of 3 reviewers from the | 3 | | pool of potential reviewers. | 4 | | (c) Beginning not later than February 1 and ending not | 5 | | later than February 15 following the year in which the federal | 6 | | decennial census occurs, the Auditor General shall request and | 7 | | accept applications to serve as a commissioner on the | 8 | | Independent Redistricting Commission. By March 15 following | 9 | | the year in which the federal decennial census occurs, the | 10 | | applicant review panel shall select a pool of 100 potential | 11 | | commissioners. The applicant review panel should select | 12 | | applicants for the pool of potential commissioners who would be | 13 | | diverse and unaffected by conflicts of interest by considering | 14 | | whether each applicant is a resident and registered voter of | 15 | | the State and has been for the 4 years preceding his or her | 16 | | application, as well as each applicant's prior political | 17 | | experience, relevant analytical skills, ability to contribute | 18 | | to a fair redistricting process, and ability to represent the | 19 | | demographic and geographic diversity of the State. The | 20 | | applicant review panel shall act by affirmative vote of 2 | 21 | | reviewers. All records of the applicant review panel, including | 22 | | applications to serve on the applicant review panel, shall be | 23 | | open for public inspection, except private information about | 24 | | applicants for which there is no compelling public interest in | 25 | | disclosure. | 26 | | (d) Not later than April 1 following the year in which the |
| | | HB5873 | - 4 - | LRB101 23339 SMS 74513 b |
|
| 1 | | federal decennial census occurs, the Speaker and Minority | 2 | | Leader of the House of Representatives and the President and | 3 | | Minority Leader of the Senate each may remove up to 5 of those | 4 | | potential commissioners. Thereafter, but not later than April | 5 | | 15 following the year in which the federal decennial census | 6 | | occurs, the applicant review panel shall publicly select 7 | 7 | | commissioners by random draw from the remaining pool of | 8 | | potential commissioners; of those 7 commissioners, including | 9 | | any replacements, (1) the 7 commissioners shall reside among | 10 | | the judicial districts in the same proportion as the number of | 11 | | judges elected therefrom under Section 3 of Article VI of the | 12 | | Illinois Constitution, (2) 2 commissioners shall be affiliated | 13 | | with the political party whose candidate for Governor received | 14 | | the most votes cast in the last general election for Governor, | 15 | | 2 commissioners shall be affiliated with the political party | 16 | | whose candidate for Governor received the second-most votes | 17 | | cast in such election and the remaining 3 commissioners shall | 18 | | not be affiliated with either such political party, and (3) no | 19 | | more than 2 commissioners may be affiliated with the same | 20 | | political party. The Speaker and Minority Leader of the House | 21 | | of Representatives and the President and Minority Leader of the | 22 | | Senate each shall appoint one commissioner from among the | 23 | | remaining applicants in the pool of potential commissioners on | 24 | | the basis of the appointee's contribution to the demographic | 25 | | and geographic diversity of the Commission. A vacancy on the | 26 | | applicant review panel or Commission shall be filled within 5 |
| | | HB5873 | - 5 - | LRB101 23339 SMS 74513 b |
|
| 1 | | days by a potential reviewer or potential commissioner from | 2 | | among the applicants remaining in the pool of potential | 3 | | reviewers or potential commissioners, respectively, in the | 4 | | manner in which the office was previously filled. | 5 | | (e) The Commission shall act in public meetings by | 6 | | affirmative vote of 6 commissioners, except that approval of | 7 | | any redistricting plan shall require the affirmative vote of at | 8 | | least (1) 7 commissioners total, (2) 2 commissioners from each | 9 | | political party whose candidate for Governor received the most | 10 | | and second-most votes cast in the last general election for | 11 | | Governor, and (3) 2 commissioners not affiliated with either | 12 | | such political party. The Commission shall elect its | 13 | | chairperson and vice chairperson, who shall not be affiliated | 14 | | with the same political party. Six commissioners shall | 15 | | constitute a quorum. All meetings of the Commission attended by | 16 | | a quorum, except for meetings qualified under attorney-client | 17 | | privilege, shall be open to the public and publicly noticed at | 18 | | least 2 days before the meeting. All records of the Commission, | 19 | | including communications between commissioners regarding the | 20 | | Commission's work, shall be open for public inspection, except | 21 | | for records qualified under attorney-client privilege. The | 22 | | Commission shall adopt rules governing its procedure, public | 23 | | hearings, and the implementation of matters under this Section. | 24 | | The Commission shall hold public hearings throughout the State | 25 | | both before and after releasing the initial proposed | 26 | | redistricting plan. The Commission may not adopt a final |
| | | HB5873 | - 6 - | LRB101 23339 SMS 74513 b |
|
| 1 | | redistricting plan unless the plan to be adopted without | 2 | | further amendment, and a report explaining its compliance with | 3 | | the Illinois Constitution, have been publicly noticed at least | 4 | | 7 days before the final vote on the redistricting plan. | 5 | | (f) If the Independent Redistricting Commission does not | 6 | | adopt a redistricting plan by June 30 of
that year, pursuant to | 7 | | Section 3 of Article IV of the Illinois Constitution, a | 8 | | Legislative Redistricting Commission shall be
constituted not | 9 | | later than July 10. | 10 | | (g) An adopted redistricting plan filed with the Secretary | 11 | | of State shall be presumed valid and shall be published | 12 | | promptly by the Secretary of State. | 13 | | (h) The Supreme Court shall have original jurisdiction in | 14 | | cases relating to matters under this Section. | 15 | | (10 ILCS 125/10-5 rep.) | 16 | | Section 10. The Redistricting Transparency and Public | 17 | | Participation Act is amended by repealing Section 10-5.
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
|
|