Sen. Dale A. Righter

Filed: 3/22/2017

 

 


 

 


 
10000SB1040sam001LRB100 07624 MLM 23682 a

1
AMENDMENT TO SENATE BILL 1040

2    AMENDMENT NO. ______. Amend Senate Bill 1040 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Voting Rights Act of 2011 is
5amended by changing Section 5-5 and by adding Section 5-15 as
6follows:
 
7    (10 ILCS 120/5-5)
8    Sec. 5-5. Redistricting.
9    (a) In any redistricting plan pursuant to Article IV,
10Section 3 of the Illinois Constitution, Legislative Districts
11and Representative Districts shall be drawn, subject to
12subsection (d) of this Section, to create crossover districts,
13coalition districts, or influence districts. Legislative
14Districts and Representative Districts shall not be drawn to
15discriminate against or in favor of any political party or
16individual. The requirements imposed by this Article are in

 

 

10000SB1040sam001- 2 -LRB100 07624 MLM 23682 a

1addition and subordinate to any requirements or obligations
2imposed by the United States Constitution, any federal law
3regarding redistricting Legislative Districts or
4Representative Districts, including but not limited to the
5federal Voting Rights Act, and the Illinois Constitution.
6    (b) The phrase "crossover district" means a district where
7a racial minority or language minority constitutes less than a
8majority of the voting-age population but where this minority,
9at least potentially, is large enough to elect the candidate of
10its choice with help from voters who are members of the
11majority and who cross over to support the minority's preferred
12candidate. The phrase "coalition district" means a district
13where more than one group of racial minorities or language
14minorities may form a coalition to elect the candidate of the
15coalition's choice. The phrase "influence district" means a
16district where a racial minority or language minority can
17influence the outcome of an election even if its preferred
18candidate cannot be elected.
19    (c) For purposes of this Act, the phrase "racial minorities
20or language minorities", in either the singular or the plural,
21means the same class of voters who are members of a race,
22color, or language minority group receiving protection under
23the federal Voting Rights Act, 42 U.S.C. 1973; 42 U.S.C.
241973b(f)(2); 42 U.S.C. 1973aa-1a(e).
25    (d) Nothing in this Act shall be construed, applied, or
26implemented in a way that imposes any requirement or obligation

 

 

10000SB1040sam001- 3 -LRB100 07624 MLM 23682 a

1that conflicts with the United States Constitution, any federal
2law regarding redistricting Legislative Districts or
3Representative Districts, including but not limited to the
4federal Voting Rights Act, or the Illinois Constitution.
5    (e) In the event of a violation of this Act, the
6redistricting plan shall be redrawn to the least extent
7necessary 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
12pursuant to the Counties Code, county board districts shall be
13drawn, subject to subsection (d) of this Section, to create
14crossover districts, coalition districts, or influence
15districts. County board districts shall not be drawn to
16discriminate against or in favor of any political party or
17individual. The requirements imposed by this Article are in
18addition and subordinate to any requirements or obligations
19imposed by the United States Constitution; any federal law
20regarding redistricting county board districts, including, but
21not limited to, the federal Voting Rights Act; and the Illinois
22Constitution.
23    (b) The phrase "crossover district" means a district where
24a racial minority or language minority constitutes less than a
25majority of the voting-age population but where this minority,

 

 

10000SB1040sam001- 4 -LRB100 07624 MLM 23682 a

1at least potentially, is large enough to elect the candidate of
2its choice with help from voters who are members of the
3majority and who cross over to support the minority's preferred
4candidate. The phrase "coalition district" means a district
5where more than one group of racial minorities or language
6minorities may form a coalition to elect the candidate of the
7coalition's choice. The phrase "influence district" means a
8district where a racial minority or language minority can
9influence the outcome of an election even if its preferred
10candidate cannot be elected.
11    (c) For purposes of this Section, the phrase "racial
12minorities or language minorities", in either the singular or
13the plural, means the same class of voters who are members of a
14race, color, or language minority group receiving protection
15under the federal Voting Rights Act, 42 U.S.C. 1973; 42
16U.S.C. 1973b(f)(2); 42 U.S.C. 1973aa-1a(e).
17    (d) Nothing in this Section shall be construed, applied, or
18implemented in a way that imposes any requirement or obligation
19that conflicts with the United States Constitution; any federal
20law regarding redistricting county board districts, including,
21but not limited to, the federal Voting Rights Act; or the
22Illinois Constitution.
23    (e) In the event of a violation of this Act, the
24redistricting plan shall be redrawn to the least extent
25necessary to remedy the violation.".