96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0005

 

Introduced 1/14/2009, by Rep. Suzanne Bassi

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. IV, Sec. 3

    Proposes to amend the Legislature Article of the Illinois Constitution. Provides that the State Board of Elections shall produce a redistricting plan using a computer program. In the year following each Federal decennial census year, requires the State Board of Elections to designate its computer program by April 15 and to file the redistricting plan by June 1, which is presumed valid and has the force and effect of law. 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. Effective beginning with redistricting in 2011 and applies to members elected in 2012 and thereafter.


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A BILL FOR

 

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1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to amend Section 3 of Article IV
9of the Illinois Constitution as follows:
 
10
ARTICLE IV
11
THE LEGISLATURE

12    (ILCON Art. IV, Sec. 3)
13SECTION 3. LEGISLATIVE REDISTRICTING
14    (a) Legislative Districts shall be compact, contiguous and
15substantially equal in population. Representative Districts
16shall be compact, contiguous, and substantially equal in
17population.
18    (b) By April 15 of the year following each federal
19decennial census year, the State Board of Elections, by a
20record vote of a majority of the total number of members
21authorized by law as provided in Section 5 of Article III,
22shall designate a computer program for redistricting the
23Legislative Districts and Representative Districts that meets

 

 

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1the requirements of this Section. The designation shall include
2detailed specifications of the computer program.
3    Any computer program designated by the State Board of
4Elections under this Section shall embody the following
5standards and criteria, as defined by Common Law, in this order
6of priority:
7        (1) contiguity;
8        (2) substantial equality of population;
9        (3) compactness;
10        (4) minimization of the number of districts that cross
11    county or municipal boundaries; and
12        (5) a fair reflection of minority voting strength.
13Any computer program designated by the State Board of Elections
14under this Section shall not consider the following data:
15        (1) residency of incumbent legislators;
16        (2) political affiliations of registered voters;
17        (3) previous election results; and
18        (4) demographic information not required to be used by
19    this Section or by the United States Constitution or
20    federal law.
21Except as specified in this Section, the computer program shall
22produce districts in a random manner.
23     (c) (b) In the year following each Federal decennial
24census year, the State Board of Elections General Assembly by
25law shall redistrict the Legislative Districts and the
26Representative Districts using the computer program designated

 

 

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1under subsection (b). The State Board of Elections shall
2approve a redistricting plan by a record vote of a majority of
3the total number of members authorized by law as provided in
4Section 5 of Article III, and the Board shall file that plan
5with the Secretary of State no later than June 1 of the year
6following the federal decennial census year.
7    (d) The State Board of Elections shall designate a computer
8program under subsection (b) and shall approve a plan under
9subsection (c) at public meetings. The Board shall give
10reasonable and adequate advance notice of those meetings.
11    If no redistricting plan becomes effective by June 30 of
12that year, a Legislative Redistricting Commission shall be
13constituted not later than July 10. The Commission shall
14consist of eight members, no more than four of whom shall be
15members of the same political party.
16    The Speaker and Minority Leader of the House of
17Representatives shall each appoint to the Commission one
18Representative and one person who is not a member of the
19General Assembly. The President and Minority Leader of the
20Senate shall each appoint to the Commission one Senator and one
21person who is not a member of the General Assembly.
22    The members shall be certified to the Secretary of State by
23the appointing authorities. A vacancy on the Commission shall
24be filled within five days by the authority that made the
25original appointment. A Chairman and Vice Chairman shall be
26chosen by a majority of all members of the Commission.

 

 

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1    Not later than August 10, the Commission shall file with
2the Secretary of State a redistricting plan approved by at
3least five members.
4    If the Commission fails to file an approved redistricting
5plan, the Supreme Court shall submit the names of two persons,
6not of the same political party, to the Secretary of State not
7later than September 1.
8    Not later than September 5, the Secretary of State publicly
9shall draw by random selection the name of one of the two
10persons to serve as the ninth member of the Commission.
11    Not later than October 5, the Commission shall file with
12the Secretary of State a redistricting plan approved by at
13least five members.
14    (e) An approved redistricting plan filed with the Secretary
15of State shall be presumed valid, shall have the force and
16effect of law and shall be published promptly by the Secretary
17of State.
18    (f) The Supreme Court shall have original and exclusive
19jurisdiction over actions concerning redistricting the House
20and Senate, which shall be initiated in the name of the People
21of the State by the Attorney General.
22(Source: Amendment adopted at general election November 4,
231980.)
 
24
SCHEDULE
25    This Constitutional Amendment takes effect beginning with

 

 

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1redistricting in 2011 and applies to the election of members of
2the General Assembly in 2012 and thereafter.