102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0059

 

Introduced 1/14/2021, 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.


LRB102 02795 SMS 12803 b

 

 

A BILL FOR

 

HB0059LRB102 02795 SMS 12803 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Redistricting Transparency and Public
5Participation Act is amended by adding Section 10-10 as
6follows:
 
7    (10 ILCS 125/10-10 new)
8    Sec. 10-10. Independent Redistricting Commission.
9    (a) The Independent Redistricting Commission comprised of
1011 commissioners shall adopt and file with the Secretary of
11State a redistricting plan for Legislative Districts and
12Representative Districts by June 30 of the year following each
13federal decennial census. Legislative districts shall be
14contiguous and substantially equal in population.
15Representative Districts shall be contiguous and substantially
16equal in population. The redistricting plan shall comply with
17federal law. Subject to the foregoing, the Commission shall
18apply the following criteria: (1) the redistricting plan shall
19not dilute or diminish the ability of a racial or language
20minority community to elect the candidates of its choice,
21including when voting in concert with other persons; (2) the
22redistricting plan shall respect the geographic integrity of
23units of local government; and (3) the redistricting plan

 

 

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1shall respect the geographic integrity of communities sharing
2common social and economic interests, which do not include
3relationships with political parties or candidates for office.
4The redistricting plan shall not either intentionally or
5unduly discriminate against or intentionally or unduly favor
6any political party, political group, or particular person. In
7designing the redistricting plan, the Commission shall
8consider party registration and voting history data only to
9assess compliance with the requirements in this subsection
10(a).
11    (b) For the purpose of conducting the commissioner
12selection process, an applicant review panel comprising of 3
13reviewers shall be chosen in the manner set forth in this
14subsection (b). Beginning not later than February 1 and ending
15not later than February 8 following the year in which the
16federal decennial census occurs, the Auditor General shall
17request and accept applications to serve as a reviewer. The
18Auditor General shall review all applications and select a
19pool of 30 potential reviewers. The Auditor General should
20select applicants for the pool of potential reviewers who
21would operate in an ethical and non-partisan manner by
22considering whether each applicant is a resident and
23registered voter of the State and has been for the 4 years
24preceding his or her application, has demonstrated
25understanding of and adherence to standards of ethical
26conduct, and has been unaffiliated with any political party

 

 

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1for the 3 years preceding appointment. By February 15
2following the year in which the federal decennial census
3occurs, the Auditor General shall publicly select by random
4draw the applicant review panel of 3 reviewers from the pool of
5potential reviewers.
6    (c) Beginning not later than February 1 and ending not
7later than February 15 following the year in which the federal
8decennial census occurs, the Auditor General shall request and
9accept applications to serve as a commissioner on the
10Independent Redistricting Commission. By March 15 following
11the year in which the federal decennial census occurs, the
12applicant review panel shall select a pool of 100 potential
13commissioners. The applicant review panel should select
14applicants for the pool of potential commissioners who would
15be diverse and unaffected by conflicts of interest by
16considering whether each applicant is a resident and
17registered voter of the State and has been for the 4 years
18preceding his or her application, as well as each applicant's
19prior political experience, relevant analytical skills,
20ability to contribute to a fair redistricting process, and
21ability to represent the demographic and geographic diversity
22of the State. The applicant review panel shall act by
23affirmative vote of 2 reviewers. All records of the applicant
24review panel, including applications to serve on the applicant
25review panel, shall be open for public inspection, except
26private information about applicants for which there is no

 

 

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1compelling public interest in disclosure.
2    (d) Not later than April 1 following the year in which the
3federal decennial census occurs, the Speaker and Minority
4Leader of the House of Representatives and the President and
5Minority Leader of the Senate each may remove up to 5 of those
6potential commissioners. Thereafter, but not later than April
715 following the year in which the federal decennial census
8occurs, the applicant review panel shall publicly select 7
9commissioners by random draw from the remaining pool of
10potential commissioners; of those 7 commissioners, including
11any replacements, (1) the 7 commissioners shall reside among
12the judicial districts in the same proportion as the number of
13judges elected therefrom under Section 3 of Article VI of the
14Illinois Constitution, (2) 2 commissioners shall be affiliated
15with the political party whose candidate for Governor received
16the most votes cast in the last general election for Governor,
172 commissioners shall be affiliated with the political party
18whose candidate for Governor received the second-most votes
19cast in such election and the remaining 3 commissioners shall
20not be affiliated with either such political party, and (3) no
21more than 2 commissioners may be affiliated with the same
22political party. The Speaker and Minority Leader of the House
23of Representatives and the President and Minority Leader of
24the Senate each shall appoint one commissioner from among the
25remaining applicants in the pool of potential commissioners on
26the basis of the appointee's contribution to the demographic

 

 

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1and geographic diversity of the Commission. A vacancy on the
2applicant review panel or Commission shall be filled within 5
3days by a potential reviewer or potential commissioner from
4among the applicants remaining in the pool of potential
5reviewers or potential commissioners, respectively, in the
6manner in which the office was previously filled.
7    (e) The Commission shall act in public meetings by
8affirmative vote of 6 commissioners, except that approval of
9any redistricting plan shall require the affirmative vote of
10at least (1) 7 commissioners total, (2) 2 commissioners from
11each political party whose candidate for Governor received the
12most and second-most votes cast in the last general election
13for Governor, and (3) 2 commissioners not affiliated with
14either such political party. The Commission shall elect its
15chairperson and vice chairperson, who shall not be affiliated
16with the same political party. Six commissioners shall
17constitute a quorum. All meetings of the Commission attended
18by a quorum, except for meetings qualified under
19attorney-client privilege, shall be open to the public and
20publicly noticed at least 2 days before the meeting. All
21records of the Commission, including communications between
22commissioners regarding the Commission's work, shall be open
23for public inspection, except for records qualified under
24attorney-client privilege. The Commission shall adopt rules
25governing its procedure, public hearings, and the
26implementation of matters under this Section. The Commission

 

 

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1shall hold public hearings throughout the State both before
2and after releasing the initial proposed redistricting plan.
3The Commission may not adopt a final redistricting plan unless
4the plan to be adopted without further amendment, and a report
5explaining its compliance with the Illinois Constitution, have
6been publicly noticed at least 7 days before the final vote on
7the redistricting plan.
8    (f) If the Independent Redistricting Commission does not
9adopt a redistricting plan by June 30 of that year, pursuant to
10Section 3 of Article IV of the Illinois Constitution, a
11Legislative Redistricting Commission shall be constituted not
12later than July 10.
13    (g) An adopted redistricting plan filed with the Secretary
14of State shall be presumed valid and shall be published
15promptly by the Secretary of State.
16    (h) The Supreme Court shall have original jurisdiction in
17cases relating to matters under this Section.
 
18    (10 ILCS 125/10-5 rep.)
19    Section 10. The Redistricting Transparency and Public
20Participation Act is amended by repealing Section 10-5.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.