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Full Text of HJRCA0058  99th General Assembly

HC0058eng 99TH GENERAL ASSEMBLY



  

 


 
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1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT 58

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4NINETY-NINTH 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 Article IV of the
9Illinois Constitution by changing Sections 2 and 3 as follows:
 
 
10
ARTICLE IV
11
THE LEGISLATURE

12    (ILCON Art. IV, Sec. 2)
13SECTION 2. LEGISLATIVE COMPOSITION
14    (a) One Senator shall be elected from each Legislative
15District. Immediately following each decennial redistricting,
16the General Assembly by law shall divide the Legislative
17Districts as equally as possible into three groups. Senators
18from one group shall be elected for terms of four years, four
19years and two years; Senators from the second group, for terms
20of four years, two years and four years; and Senators from the
21third group, for terms of two years, four years and four years.
22The Legislative Districts in each group shall be distributed

 

 

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

 

 

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1compensation as a public officer or employee from any other
2governmental entity for time during which he is in attendance
3as a member of the General Assembly.
4    No member of the General Assembly during the term for which
5he was elected or appointed shall be appointed to a public
6office which shall have been created or the compensation for
7which shall have been increased by the General Assembly during
8that term.
9(Source: Amendment adopted at general election November 4,
101980.)
 
11    (ILCON Art. IV, Sec. 3)
12SECTION 3. LEGISLATIVE REDISTRICTING
13    (a) Legislative Districts and Representative Districts
14shall each, in order of priority, be substantially equal in
15population; provide racial minorities and language minorities
16with the equal opportunity to participate in the political
17process and elect candidates of their choice; provide racial
18minorities and language minorities who constitute less than a
19voting-age majority of a District with an opportunity to
20substantially influence the outcome of an election; be
21contiguous; be compact; respect, to the extent practical,
22geographic integrity of units of local government; respect, to
23the extent practical, communities sharing common social or
24economic interests; and not discriminate against or in favor of
25any political party or individual.

 

 

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1    (b) No later than June 30 of the year in which each Federal
2decennial census occurs, the Chief Justice and the most senior
3Justice of the Supreme Court who is not affiliated with the
4same political party as the Chief Justice shall select eight
5commissioners to an Independent Redistricting Commission.
6Commissioners must reflect the ethnic, gender, and racial
7demographics of Illinois, and there must be at least one
8commissioner from each Judicial District.
9    (c) A person is ineligible to serve on the Commission if
10within the previous four calendar years the person or his or
11her spouse or immediate family member was appointed or elected
12to a position with the State or local government, a State
13employee, a lobbyist as defined by law, a person with an
14ownership interest in an entity with a state contract, or
15appointed or elected to serve a political party. A commissioner
16is ineligible for a period of ten years to serve in the General
17Assembly or to be appointed to a position subject to Senate
18confirmation. Commissioners must file financial disclosure
19statements and abide by any ethics requirements established by
20law.
21    (d) The Commission shall act in public meetings by
22affirmative vote of five commissioners. The Commission shall
23elect its chairperson and vice chairperson, who shall not be
24affiliated with the same political party. All meetings of the
25Commission shall be open to the public and publicly noticed at
26least seven days prior to the meeting. All records of the

 

 

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1Commission, including all communications to or from the
2Commission regarding the work of the Commission, shall be
3available for public inspection. The Commission shall adopt
4rules governing its procedures.
5    (e) The Commission shall hold at least fifteen public
6hearings throughout the State before adopting any
7redistricting plan, with a majority occurring before the
8Commission releases any proposed redistricting plan and at
9least five occurring after the release of any proposed
10redistricting plan. The Commission may not adopt a
11redistricting plan until the Commission adopts a report
12explaining its compliance with the United States and Illinois
13Constitutions. Prior to the adoption of a redistricting plan,
14the Commission shall release to the public the final plan and
15its associated compliance report. The meeting to vote on
16adoption of a redistricting plan shall occur no sooner than
17seven days after the release of the final plan and its
18associated compliance report.
19    (f) The Commission shall adopt and file with the Secretary
20of State a redistricting plan for the Legislative Districts and
21Representative Districts by June 30 of the year following the
22Federal decennial census. The Commission may adopt separate
23redistricting plans for the Legislative Districts and the
24Representative Districts.
25    (g) If the Commission fails to adopt and file a
26redistricting plan by July 1 of the year following a Federal

 

 

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1decennial census, the Chief Justice of the Supreme Court and
2the most senior Justice of the Supreme Court who is not
3affiliated with the same political party as the Chief Justice
4shall appoint a ninth member to the Commission. The nine-member
5Commission shall adopt and file with the Secretary of State a
6redistricting plan for the Legislative Districts and
7Representative Districts by August 1 of the year following the
8Federal decennial census.
9    (h) A redistricting plan filed with the Secretary of State
10shall be presumed valid and shall be published promptly by the
11Secretary of State.
12    (i) The Supreme Court shall have original and exclusive
13jurisdiction over actions concerning redistricting the House
14and Senate, which shall be initiated in the name of the People
15of the State by the Attorney General.
16    (a) Legislative Districts shall be compact, contiguous and
17substantially equal in population. Representative Districts
18shall be compact, contiguous, and substantially equal in
19population.
20    (b) In the year following each Federal decennial census
21year, the General Assembly by law shall redistrict the
22Legislative Districts and the Representative Districts.
23    If no redistricting plan becomes effective by June 30 of
24that year, a Legislative Redistricting Commission shall be
25constituted not later than July 10. The Commission shall
26consist of eight members, no more than four of whom shall be

 

 

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1members of the same political party.
2    The Speaker and Minority Leader of the House of
3Representatives shall each appoint to the Commission one
4Representative and one person who is not a member of the
5General Assembly. The President and Minority Leader of the
6Senate shall each appoint to the Commission one Senator and one
7person who is not a member of the General Assembly.
8    The members shall be certified to the Secretary of State by
9the appointing authorities. A vacancy on the Commission shall
10be filled within five days by the authority that made the
11original appointment. A Chairman and Vice Chairman shall be
12chosen by a majority of all members of the Commission.
13    Not later than August 10, the Commission shall file with
14the Secretary of State a redistricting plan approved by at
15least five members.
16    If the Commission fails to file an approved redistricting
17plan, the Supreme Court shall submit the names of two persons,
18not of the same political party, to the Secretary of State not
19later than September 1.
20    Not later than September 5, the Secretary of State publicly
21shall draw by random selection the name of one of the two
22persons to serve as the ninth member of the Commission.
23    Not later than October 5, the Commission shall file with
24the Secretary of State a redistricting plan approved by at
25least five members.
26    An approved redistricting plan filed with the Secretary of

 

 

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1State shall be presumed valid, shall have the force and effect
2of law and shall be published promptly by the Secretary of
3State.
4    The Supreme Court shall have original and exclusive
5jurisdiction over actions concerning redistricting the House
6and Senate, which shall be initiated in the name of the People
7of the State by the Attorney General.
8(Source: Amendment adopted at general election November 4,
91980.)
 
10
SCHEDULE
11    This Constitutional Amendment takes effect upon being
12declared adopted in accordance with Section 7 of the Illinois
13Constitutional Amendment Act and applies to redistricting
14beginning in 2021 and to the election of General Assembly
15members beginning in 2022.