93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0026

 

Introduced 1/23/2004, by Rep. Patricia Reid Lindner

 

SYNOPSIS AS INTRODUCED:
 
9991 ILCS 5/4001ILCON Art. IV, Sec. 1
9991 ILCS 5/4002ILCON Art. IV, Sec. 2
9991 ILCS 5/4003ILCON Art. IV, Sec. 3
9991 ILCS 5/14001ILCON Art. XIV, Sec. 1

    Proposes to amend the Legislature Article of the Illinois Constitution. Provides that a Representative District (for election of a member of the House of Representatives) need not be entirely within a single Senatorial District (for election of a member of the Senate, now referred to as a Legislative District). Provides that (i) the Senate redistricts Senatorial Districts by resolution adopted by a record vote of three-fifths of the members elected and (ii) the House of Representatives redistricts Representative Districts by resolution adopted by a record vote of three-fifths of the members elected (now, redistricting is by law). Eliminates the Legislative Redistricting Commission. Provides instead that if a Senatorial or Representative redistricting plan is not adopted by June 15 of the year following a federal decennial census year, then the State Board of Elections shall produce a redistricting plan using a computer program. Requires the State Board of Elections to designate its computer program by April 15. The computer program designated by the State Board of Elections must disregard specified data and must consider certain prioritized factors; the computer program shall otherwise produce districts in a random manner. Authorizes the House and Senate to designate different computer programs for their respective chambers; doing so requires adoption of a resolution by a three-fifths vote on or before June 15. Removes the requirement that actions concerning redistricting the House or Senate may be initiated only by the Attorney General. Increases the number of Representatives from 118 to 119. Proposes to amend the Constitutional Revision Article to make a change to conform nomenclature. Effective beginning with redistricting in 2011 and applies to members elected in 2012 and thereafter.


LRB093 14516 RCE 40003 e

 

 

A BILL FOR

 

HC0026 LRB093 14516 RCE 40003 e

1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3     RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4 NINETY-THIRD 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 Sections 1, 2, and 3 of
9 Article IV and Section 1 of Article XIV of the Illinois
10 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, elected
17 by the electors from 59 Senatorial Legislative Districts and
18 119 118 Representative 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
24 Legislative District. Immediately following each decennial
25 redistricting, the General Assembly by law shall divide the
26 Senatorial Legislative Districts 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 Senatorial Legislative
32 Districts in each group shall be distributed substantially

 

 

HC0026 - 2 - LRB093 14516 RCE 40003 e

1 equally over the State.
2     (b) Each Legislative District shall be divided into two
3 Representative Districts. In 1982 and every two years
4 thereafter One Representative shall be elected from each
5 Representative District for a term of two years.
6     (c) To be eligible to serve as a member of the General
7 Assembly, a person must be a United States citizen, at least 21
8 years old, and for the two years preceding his election or
9 appointment a resident of the district which he is to
10 represent. In the general election following a redistricting, a
11 candidate for the General Assembly may be elected from any
12 district which contains a part of the district in which he
13 resided at the time of the redistricting and reelected if a
14 resident of the new district he represents for 18 months prior
15 to reelection.
16     (d) Within thirty days after a vacancy occurs, it shall be
17 filled by appointment as provided by law. If the vacancy is in
18 a Senatorial office with more than twenty-eight months
19 remaining in the term, the appointed Senator shall serve until
20 the next general election, at which time a Senator shall be
21 elected to serve for the remainder of the term. If the vacancy
22 is in a Representative office or in any other Senatorial
23 office, the appointment shall be for the remainder of the term.
24 An appointee to fill a vacancy shall be a member of the same
25 political party as the person he succeeds.
26     (e) No member of the General Assembly shall receive
27 compensation as a public officer or employee from any other
28 governmental entity for time during which he is in attendance
29 as a member of the General Assembly.
30     No member of the General Assembly during the term for which
31 he was elected or appointed shall be appointed to a public
32 office which shall have been created or the compensation for
33 which shall have been increased by the General Assembly during
34 that term.
35 (Source: Amendment adopted at general election November 4,
36 1980.)
 

 

 

HC0026 - 3 - LRB093 14516 RCE 40003 e

1     (ILCON Art. IV, Sec. 3)
2 SECTION 3. LEGISLATIVE REDISTRICTING
3     (a) Senatorial Legislative Districts shall be compact,
4 contiguous and substantially equal in population.
5 Representative Districts shall be compact, contiguous, and
6 substantially equal in population. A Representative District
7 need not be entirely within a single Senatorial District.
8     (b) By April 15 of the year following each Federal
9 decennial census year, the State Board of Elections, by a
10 record vote of a majority of the total number of members
11 authorized by law as provided in Section 5 of Article III,
12 shall designate a computer program for redistricting the Senate
13 and House of Representatives that meets the requirements of
14 this Section. The designation shall include detailed
15 specifications of the computer program.
16     Any computer program designated by the State Board of
17 Elections under this Section shall embody the following
18 standards and criteria, as defined by Common Law, in this order
19 of priority:
20         (1) contiguity;
21         (2) substantial equality of population;
22         (3) compactness;
23         (4) minimization of the number of districts that cross
24 county or municipal boundaries; and
25         (5) a fair reflection of minority voting strength.
26 Any computer program designated by the State Board of Elections
27 under this Section shall not consider the following data:
28         (1) residency of incumbent legislators;
29         (2) political affiliations of registered voters;
30         (3) previous election results; and
31         (4) demographic information not required to be used by
32 this Section or by the United States Constitution or
33 federal law.
34 Except as specified in this Section, the computer program shall
35 produce districts in a random manner.

 

 

HC0026 - 4 - LRB093 14516 RCE 40003 e

1     The Senate, by resolution adopted by a record vote of
2 three-fifths of the members elected, may by June 15 of that
3 year designate a different computer program for redistricting
4 the Senate. The House of Representatives, by a resolution
5 adopted by a record vote of three-fifths of the members
6 elected, may by June 15 of that year designate a different
7 computer program for redistricting the House of
8 Representatives.
9     (c) (b) In the year following each Federal decennial census
10 year, (i) the Senate, by resolution adopted by a record vote of
11 three-fifths of the members elected, General Assembly by law
12 shall redistrict the Senatorial Legislative Districts and (ii)
13 the House of Representatives, by resolution adopted by a record
14 vote of three-fifths of the members elected, shall redistrict
15 the Representative Districts. Each adopted redistricting
16 resolution shall be filed with the Secretary of State by the
17 presiding officer of the house that adopted the resolution.
18     (d) If a Senatorial or Representative redistricting
19 resolution is not adopted and effective by June 15 of that
20 year, the State Board of Elections, as soon thereafter as is
21 practicable, shall produce a Senatorial or Representative
22 redistricting plan, or both as the case may be, through the use
23 of the computer program designated by the affected chamber, if
24 it made a designation under subsection (b), or else through the
25 use of the computer program designated by the State Board of
26 Elections under that subsection. The State Board of Elections
27 shall file the redistricting plan with the Secretary of State.
28     If no redistricting plan becomes effective by June 30 of
29 that year, a Legislative Redistricting Commission shall be
30 constituted not later than July 10. The Commission shall
31 consist of eight members, no more than four of whom shall be
32 members of the same political party. The Speaker and Minority
33 Leader of the House of Representatives shall each appoint to
34 the Commission one Representative and one person who is not a
35 member of the General Assembly. The President and Minority
36 Leader of the Senate shall each appoint to the Commission one

 

 

HC0026 - 5 - LRB093 14516 RCE 40003 e

1 Senator and one person who is not a member of the General
2 Assembly. The members shall be certified to the Secretary of
3 State by the appointing authorities. A vacancy on the
4 Commission shall be filled within five days by the authority
5 that made the original appointment. A Chairman and Vice
6 Chairman shall be chosen by a majority of all members of the
7 Commission. Not later than August 10, the Commission shall file
8 with the Secretary of State a redistricting plan approved by at
9 least five members.
10     If the Commission fails to file an approved redistricting
11 plan, the Supreme Court shall submit the names of two persons,
12 not of the same political party, to the Secretary of State not
13 later than September 1.
14     Not later than September 5, the Secretary of State publicly
15 shall draw by random selection the name of one of the two
16 persons to serve as the ninth member of the Commission.
17     Not later than October 5, the Commission shall file with
18 the Secretary of State a redistricting plan approved by at
19 least five members.
20     (e) A An approved redistricting plan, adopted by
21 redistricting resolution or produced by the State Board of
22 Elections, that is filed with the Secretary of State shall be
23 presumed valid, shall have the same force and effect as a of
24 law, and shall be published promptly by the Secretary of State.
25     (f) The Supreme Court shall have original and exclusive
26 jurisdiction over actions concerning redistricting the House
27 and Senate, which shall be initiated in the name of the People
28 of the State by the Attorney General.
29 (Source: Amendment adopted at general election November 4,
30 1980.)
 
31
ARTICLE XIV
32
CONSTITUTIONAL REVISION

33     (ILCON Art. XIV, Sec. 1)
34 SECTION 1. CONSTITUTIONAL CONVENTION

 

 

HC0026 - 6 - LRB093 14516 RCE 40003 e

1     (a) Whenever three-fifths of the members elected to each
2 house of the General Assembly so direct, the question of
3 whether a Constitutional Convention should be called shall be
4 submitted to the electors at the general election next
5 occurring at least six months after such legislative direction.
6     (b) If the question of whether a Convention should be
7 called is not submitted during any twenty-year period, the
8 Secretary of State shall submit such question at the general
9 election in the twentieth year following the last submission.
10     (c) The vote on whether to call a Convention shall be on a
11 separate ballot. A Convention shall be called if approved by
12 three-fifths of those voting on the question or a majority of
13 those voting in the election.
14     (d) The General Assembly, at the session following approval
15 by the electors, by law shall provide for the Convention and
16 for the election of two delegates from each Senatorial
17 Legislative District; designate the time and place of the
18 Convention's first meeting which shall be within three months
19 after the election of delegates; fix and provide for the pay of
20 delegates and officers; and provide for expenses necessarily
21 incurred by the Convention.
22     (e) To be eligible to be a delegate a person must meet the
23 same eligibility requirements as a member of the General
24 Assembly. Vacancies shall be filled as provided by law.
25     (f) The Convention shall prepare such revision of or
26 amendments to the Constitution as it deems necessary. Any
27 proposed revision or amendments approved by a majority of the
28 delegates elected shall be submitted to the electors in such
29 manner as the Convention determines, at an election designated
30 or called by the Convention occurring not less than two nor
31 more than six months after the Convention's adjournment. Any
32 revision or amendments proposed by the Convention shall be
33 published with explanations, as the Convention provides, at
34 least one month preceding the election.
35     (g) The vote on the proposed revision or amendments shall
36 be on a separate ballot. Any proposed revision or amendments

 

 

HC0026 - 7 - LRB093 14516 RCE 40003 e

1 shall become effective, as the Convention provides, if approved
2 by a majority of those voting on the question.
3 (Source: Illinois Constitution.)
 
4
SCHEDULE
5     This Constitutional Amendment takes effect beginning with
6 redistricting in 2011 and applies to the election of members of
7 the General Assembly in 2012 and thereafter.