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91_SC0038 LRB9100621REpkE 1 SENATE JOINT RESOLUTION 2 CONSTITUTIONAL AMENDMENT 3 RESOLVED, BY THE SENATE OF THE NINETY-FIRST GENERAL 4 ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF 5 REPRESENTATIVES CONCURRING HEREIN, that there shall be 6 submitted to the electors of the State for adoption or 7 rejection at the general election next occurring at least 6 8 months after the adoption of this resolution a proposition to 9 amend Sections 1, 2, and 3 of Article IV and Section 1 of 10 Article XIV of the Illinois Constitution as follows: 11 ARTICLE IV 12 THE LEGISLATURE 13 (ILCON Art. IV, Sec. 1) 14 SECTION 1. LEGISLATURE - POWER AND STRUCTURE 15 The legislative power is vested in a General Assembly 16 consisting of a Senate and a House of Representatives, 17 elected by the electors from 59 SenatorialLegislative18 Districts and 119118Representative Districts. 19 (Source: Amendment adopted at general election November 4, 20 1980.) 21 (ILCON Art. IV, Sec. 2) 22 SECTION 2. LEGISLATIVE COMPOSITION 23 (a) One Senator shall be elected from each Senatorial 24LegislativeDistrict. Immediately following each decennial 25 redistricting, the General Assembly by law shall divide the 26 SenatorialLegislativeDistricts as equally as possible into 27 three groups. Senators from one group shall be elected for 28 terms of four years, four years and two years; Senators from 29 the second group, for terms of four years, two years and four 30 years; and Senators from the third group, for terms of two 31 years, four years and four years. The SenatorialLegislative-2- LRB9100621REpkE 1 Districts in each group shall be distributed substantially 2 equally over the State. 3 (b)Each Legislative District shall be divided into two4Representative Districts. In 1982 and every two years5thereafterOne Representative shall be elected from each 6 Representative District for a term of two years. 7 (c) To be eligible to serve as a member of the General 8 Assembly, a person must be a United States citizen, at least 9 21 years old, and for the two years preceding his election or 10 appointment a resident of the district which he is to 11 represent. In the general election following a redistricting, 12 a candidate for the General Assembly may be elected from any 13 district which contains a part of the district in which he 14 resided at the time of the redistricting and reelected if a 15 resident of the new district he represents for 18 months 16 prior to reelection. 17 (d) Within thirty days after a vacancy occurs, it shall 18 be filled by appointment as provided by law. If the vacancy 19 is in a Senatorial office with more than twenty-eight months 20 remaining in the term, the appointed Senator shall serve 21 until the next general election, at which time a Senator 22 shall be elected to serve for the remainder of the term. If 23 the vacancy is in a Representative office or in any other 24 Senatorial office, the appointment shall be for the remainder 25 of the term. An appointee to fill a vacancy shall be a member 26 of the same political party as the person he succeeds. 27 (e) No member of the General Assembly shall receive 28 compensation as a public officer or employee from any other 29 governmental entity for time during which he is in attendance 30 as a member of the General Assembly. 31 No member of the General Assembly during the term for 32 which he was elected or appointed shall be appointed to a 33 public office which shall have been created or the 34 compensation for which shall have been increased by the -3- LRB9100621REpkE 1 General Assembly during that term. 2 (Source: Amendment adopted at general election November 4, 3 1980.) 4 (ILCON Art. IV, Sec. 3) 5 SECTION 3. LEGISLATIVE REDISTRICTING 6 (a) SenatorialLegislativeDistricts shall be compact, 7 contiguous and substantially equal in population. 8 Representative Districts shall be compact, contiguous, and 9 substantially equal in population. A Representative District 10 need not be entirely within a single Senatorial District. 11 (b) By April 15 of the year following each Federal 12 decennial census year, the State Board of Elections, by a 13 record vote of a majority of the total number of members 14 authorized by law as provided in Section 5 of Article III, 15 shall designate a computer program for redistricting the 16 Senate and House of Representatives that meets the 17 requirements of this Section. The designation shall include 18 detailed specifications of the computer program. 19 Any computer program designated by the State Board of 20 Elections under this Section shall embody the following 21 standards and criteria, as defined by Common Law, in this 22 order of priority: 23 (1) contiguity; 24 (2) substantial equality of population; 25 (3) compactness; 26 (4) minimization of the number of districts that 27 cross county or municipal boundaries; and 28 (5) a fair reflection of minority voting strength. 29 Any computer program designated by the State Board of 30 Elections under this Section shall not consider the following 31 data: 32 (1) residency of incumbent legislators; 33 (2) political affiliations of registered voters; -4- LRB9100621REpkE 1 (3) previous election results; and 2 (4) demographic information not required to be used 3 by this Section or by the United States Constitution or 4 federal law. 5 Except as specified in this Section, the computer program 6 shall produce districts in a random manner. 7 The Senate, by resolution adopted by a record vote of 8 three-fifths of the members elected, may by June 15 of that 9 year designate a different computer program for redistricting 10 the Senate. The House of Representatives, by a resolution 11 adopted by a record vote of three-fifths of the members 12 elected, may by June 15 of that year designate a different 13 computer program for redistricting the House of 14 Representatives. 15 (c)(b)In the year following each Federal decennial 16 census year, (i) the Senate, by resolution adopted by a 17 record vote of three-fifths of the members elected,General18Assembly by lawshall redistrict the SenatorialLegislative19 Districts and (ii) the House of Representatives, by 20 resolution adopted by a record vote of three-fifths of the 21 members elected, shall redistrict the Representative 22 Districts. Each adopted redistricting resolution shall be 23 filed with the Secretary of State by the presiding officer of 24 the house that adopted the resolution. 25 (d) If a Senatorial or Representative redistricting 26 resolution is not adopted and effective by June 15 of that 27 year, the State Board of Elections, as soon thereafter as is 28 practicable, shall produce a Senatorial or Representative 29 redistricting plan, or both as the case may be, through the 30 use of the computer program designated by the affected 31 chamber, if it made a designation under subsection (b), or 32 else through the use of the computer program designated by 33 the State Board of Elections under that subsection. The 34 State Board of Elections shall file the redistricting plan -5- LRB9100621REpkE 1 with the Secretary of State. 2If no redistricting plan becomes effective by June 30 of3that year, a Legislative Redistricting Commission shall be4constituted not later than July 10. The Commission shall5consist of eight members, no more than four of whom shall be6members of the same political party. The Speaker and Minority7Leader of the House of Representatives shall each appoint to8the Commission one Representative and one person who is not a9member of the General Assembly. The President and Minority10Leader of the Senate shall each appoint to the Commission one11Senator and one person who is not a member of the General12Assembly. The members shall be certified to the Secretary of13State by the appointing authorities. A vacancy on the14Commission shall be filled within five days by the authority15that made the original appointment. A Chairman and Vice16Chairman shall be chosen by a majority of all members of the17Commission. Not later than August 10, the Commission shall18file with the Secretary of State a redistricting plan19approved by at least five members.20If the Commission fails to file an approved redistricting21plan, the Supreme Court shall submit the names of two22persons, not of the same political party, to the Secretary of23State not later than September 1.24Not later than September 5, the Secretary of State25publicly shall draw by random selection the name of one of26the two persons to serve as the ninth member of the27Commission.28Not later than October 5, the Commission shall file with29the Secretary of State a redistricting plan approved by at30least five members.31 (e) AAn approvedredistricting plan, adopted by 32 redistricting resolution or produced by the State Board of 33 Elections, that is filed with the Secretary of State shall be 34 presumed valid, shall have the same force and effect as aof-6- LRB9100621REpkE 1 law, and shall be published promptly by the Secretary of 2 State. 3 (f) The Supreme Court shall have original and exclusive 4 jurisdiction over actions concerning redistricting the House 5 and Senate, which shall be initiated in the name of the6People of the State by the Attorney General. 7 (Source: Amendment adopted at general election November 4, 8 1980.) 9 ARTICLE XIV 10 CONSTITUTIONAL REVISION 11 (ILCON Art. XIV, Sec. 1) 12 SECTION 1. CONSTITUTIONAL CONVENTION 13 (a) Whenever three-fifths of the members elected to each 14 house of the General Assembly so direct, the question of 15 whether a Constitutional Convention should be called shall be 16 submitted to the electors at the general election next 17 occurring at least six months after such legislative 18 direction. 19 (b) If the question of whether a Convention should be 20 called is not submitted during any twenty-year period, the 21 Secretary of State shall submit such question at the general 22 election in the twentieth year following the last submission. 23 (c) The vote on whether to call a Convention shall be on 24 a separate ballot. A Convention shall be called if approved 25 by three-fifths of those voting on the question or a majority 26 of those voting in the election. 27 (d) The General Assembly, at the session following 28 approval by the electors, by law shall provide for the 29 Convention and for the election of two delegates from each 30 SenatorialLegislativeDistrict; designate the time and place 31 of the Convention's first meeting which shall be within three 32 months after the election of delegates; fix and provide for -7- LRB9100621REpkE 1 the pay of delegates and officers; and provide for expenses 2 necessarily incurred by the Convention. 3 (e) To be eligible to be a delegate a person must meet 4 the same eligibility requirements as a member of the General 5 Assembly. Vacancies shall be filled as provided by law. 6 (f) The Convention shall prepare such revision of or 7 amendments to the Constitution as it deems necessary. Any 8 proposed revision or amendments approved by a majority of the 9 delegates elected shall be submitted to the electors in such 10 manner as the Convention determines, at an election 11 designated or called by the Convention occurring not less 12 than two nor more than six months after the Convention's 13 adjournment. Any revision or amendments proposed by the 14 Convention shall be published with explanations, as the 15 Convention provides, at least one month preceding the 16 election. 17 (g) The vote on the proposed revision or amendments 18 shall be on a separate ballot. Any proposed revision or 19 amendments shall become effective, as the Convention 20 provides, if approved by a majority of those voting on the 21 question. 22 (Source: Illinois Constitution.) 23 SCHEDULE 24 This Constitutional Amendment takes effect beginning with 25 redistricting in 2001 and applies to the election of members 26 of the General Assembly in 2002 and thereafter.