SJRCA0008 - 104th General Assembly
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| 1 | SENATE JOINT RESOLUTION | |||||||||||||||||||
| 2 | CONSTITUTIONAL AMENDMENT | |||||||||||||||||||
| 3 | RESOLVED, BY THE SENATE OF THE ONE HUNDRED FOURTH GENERAL | |||||||||||||||||||
| 4 | ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF | |||||||||||||||||||
| 5 | REPRESENTATIVES CONCURRING HEREIN, that there shall be | |||||||||||||||||||
| 6 | submitted to the electors of the State for adoption or | |||||||||||||||||||
| 7 | rejection at the general election next occurring at least 6 | |||||||||||||||||||
| 8 | months after the adoption of this resolution a proposition to | |||||||||||||||||||
| 9 | amend Section 3 of Article IV and add Section 3.5 to Article IV | |||||||||||||||||||
| 10 | of the Illinois Constitution as follows: | |||||||||||||||||||
| 11 | ARTICLE IV | |||||||||||||||||||
| 12 | THE LEGISLATURE | |||||||||||||||||||
| 13 | (ILCON Art. IV, Sec. 3) | |||||||||||||||||||
| 14 | SECTION 3. LEGISLATIVE REDISTRICTING | |||||||||||||||||||
| 15 | (a) Legislative Districts shall be compact, contiguous and | |||||||||||||||||||
| 16 | substantially equal in population. Representative Districts | |||||||||||||||||||
| 17 | shall be compact, contiguous, and substantially equal in | |||||||||||||||||||
| 18 | population. | |||||||||||||||||||
| 19 | (b) In the year following each Federal decennial census | |||||||||||||||||||
| 20 | year, the General Assembly by law shall redistrict the | |||||||||||||||||||
| 21 | Legislative Districts and the Representative Districts. | |||||||||||||||||||
| 22 | If no redistricting plan becomes effective by June 30 of | |||||||||||||||||||
| 23 | that year, a Legislative Redistricting Commission shall be | |||||||||||||||||||
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| 1 | constituted not later than July 10. The Commission shall | ||||||
| 2 | consist of eight members, no more than four of whom shall be | ||||||
| 3 | members of the same political party. | ||||||
| 4 | The Speaker and Minority Leader of the House of | ||||||
| 5 | Representatives shall each appoint to the Commission one | ||||||
| 6 | Representative and one person who is not a member of the | ||||||
| 7 | General Assembly. The President and Minority Leader of the | ||||||
| 8 | Senate shall each appoint to the Commission one Senator and | ||||||
| 9 | one person who is not a member of the General Assembly. | ||||||
| 10 | The members shall be certified to the Secretary of State | ||||||
| 11 | by the appointing authorities. A vacancy on the Commission | ||||||
| 12 | shall be filled within five days by the authority that made the | ||||||
| 13 | original appointment. A Chairman and Vice Chairman shall be | ||||||
| 14 | chosen by a majority of all members of the Commission. | ||||||
| 15 | Not later than August 10, the Commission shall file with | ||||||
| 16 | the Secretary of State a redistricting plan approved by at | ||||||
| 17 | least five members. | ||||||
| 18 | If the Commission fails to file an approved redistricting | ||||||
| 19 | plan, the Supreme Court shall submit the names of two persons, | ||||||
| 20 | not of the same political party, to the Secretary of State not | ||||||
| 21 | later than September 1. | ||||||
| 22 | Not later than September 5, the Secretary of State | ||||||
| 23 | publicly shall draw by random selection the name of one of the | ||||||
| 24 | two persons to serve as the ninth member of the Commission. | ||||||
| 25 | Not later than October 5, the Commission shall file with | ||||||
| 26 | the Secretary of State a redistricting plan approved by at | ||||||
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| 1 | least five members. | ||||||
| 2 | An approved redistricting plan filed with the Secretary of | ||||||
| 3 | State shall be presumed valid, shall have the force and effect | ||||||
| 4 | of law and shall be published promptly by the Secretary of | ||||||
| 5 | State. | ||||||
| 6 | The Supreme Court shall have original and exclusive | ||||||
| 7 | jurisdiction over actions concerning redistricting the House | ||||||
| 8 | and Senate, which shall be initiated in the name of the People | ||||||
| 9 | of the State by the Attorney General. | ||||||
| 10 | (c) To the extent that any provision of this Section | ||||||
| 11 | conflicts with any provision of Section 3.5 of this Article, | ||||||
| 12 | Section 3.5 shall control. | ||||||
| 13 | (Source: Amendment adopted at general election November 4, | ||||||
| 14 | 1980.) | ||||||
| 15 | (ILCON Art. IV, Sec. 3.5 new) | ||||||
| 16 | SECTION 3.5. PEOPLE'S INDEPENDENT MAPS | ||||||
| 17 | (a) No later than March 1 of the year that follows a | ||||||
| 18 | federal decennial census, the Chief Justice and the most | ||||||
| 19 | senior Supreme Court Justice who is not elected from the same | ||||||
| 20 | political party as the Chief Justice shall select 16 | ||||||
| 21 | commissioners to form the Independent Redistricting | ||||||
| 22 | Commission. The commissioners shall reflect the ethnic, | ||||||
| 23 | gender, and racial demographics of Illinois. Fourteen of the | ||||||
| 24 | commissioners shall represent, in equal number, the 2 | ||||||
| 25 | political parties whose gubernatorial candidates received the | ||||||
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| 1 | greatest number of votes in the last gubernatorial election | ||||||
| 2 | and 2 of the commissioners shall represent neither of those | ||||||
| 3 | parties. The 2 Supreme Court Justices responsible for | ||||||
| 4 | selecting the 16 commissioners shall consider party | ||||||
| 5 | identification and all campaign contributions in determining a | ||||||
| 6 | potential commissioner's eligibility. There shall be at least | ||||||
| 7 | 2 commissioners from each Judicial District. | ||||||
| 8 | (b) A person is ineligible to serve on the Independent | ||||||
| 9 | Redistricting Commission if within the previous 4 calendar | ||||||
| 10 | years the person or his or her spouse or immediate family | ||||||
| 11 | member was appointed or elected to a position with the State, | ||||||
| 12 | federal, or local government; is a State employee; is a | ||||||
| 13 | lobbyist as defined by law; has an ownership interest in an | ||||||
| 14 | entity with a State or federal contract; or is appointed or | ||||||
| 15 | elected to serve a political party. A commissioner is | ||||||
| 16 | ineligible for a period of 10 years after serving on the | ||||||
| 17 | Independent Redistricting Commission to be appointed to a | ||||||
| 18 | position subject to Senate confirmation. Commissioners must | ||||||
| 19 | file financial disclosure statements and abide by any ethics | ||||||
| 20 | requirements established by law. | ||||||
| 21 | (c) The Independent Redistricting Commission shall act in | ||||||
| 22 | public meetings by the affirmative votes of 10 commissioners. | ||||||
| 23 | The Independent Redistricting Commission shall elect its | ||||||
| 24 | chairperson and vice chairperson, who shall not be affiliated | ||||||
| 25 | with the same political party. Each meeting of the Independent | ||||||
| 26 | Redistricting Commission shall be open to the public, and | ||||||
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| 1 | there must be public notice at least 7 days before a meeting. | ||||||
| 2 | All records of the Independent Redistricting Commission, | ||||||
| 3 | including all communications to or from the Independent | ||||||
| 4 | Redistricting Commission regarding the work of the Independent | ||||||
| 5 | Redistricting Commission, shall be available for public | ||||||
| 6 | inspection. The Independent Redistricting Commission shall | ||||||
| 7 | adopt rules governing its procedures. The Independent | ||||||
| 8 | Redistricting Commission shall be considered a public body | ||||||
| 9 | subject to the Freedom of Information Act or a successor Act | ||||||
| 10 | and the Open Meetings Act or a successor Act. Commissioners | ||||||
| 11 | and staff may not communicate with or receive communications | ||||||
| 12 | about redistricting matters from anyone outside of a public | ||||||
| 13 | hearing. | ||||||
| 14 | (d) The Independent Redistricting Commission shall hold at | ||||||
| 15 | least 10 public hearings throughout the State before adopting | ||||||
| 16 | a redistricting plan, with a majority occurring before the | ||||||
| 17 | Independent Redistricting Commission releases any proposed | ||||||
| 18 | redistricting plan and at least 4 public hearings must occur | ||||||
| 19 | throughout the State after the release of any proposed | ||||||
| 20 | redistricting plan. | ||||||
| 21 | The Independent Redistricting Commission must provide a | ||||||
| 22 | meaningful opportunity for racial minorities and language | ||||||
| 23 | minorities to participate in the public hearings, including, | ||||||
| 24 | but not limited to, issuing notices in multiple languages and | ||||||
| 25 | ensuring that translation services are available at all | ||||||
| 26 | hearings at the Independent Redistricting Commission's expense | ||||||
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| 1 | or through partnership with outside organizations. These | ||||||
| 2 | public hearings must be open to all members of the public and | ||||||
| 3 | must be planned to encourage attendance and participation | ||||||
| 4 | across the State, including the use of technology that allows | ||||||
| 5 | for real-time, virtual participation and feedback during the | ||||||
| 6 | hearings. When releasing a proposed redistricting plan, the | ||||||
| 7 | Independent Redistricting Commission must also release | ||||||
| 8 | population data, geographic data, election data, and any other | ||||||
| 9 | data used to create the plan, when the Independent | ||||||
| 10 | Redistricting Commission receives this information. The | ||||||
| 11 | Independent Redistricting Commission must also provide | ||||||
| 12 | terminals for members of the public to access the data and | ||||||
| 13 | associated software. During the map drawing process, any | ||||||
| 14 | member of the public may submit maps for consideration to the | ||||||
| 15 | Independent Redistricting Commission. Those submissions are | ||||||
| 16 | public records that are open to comment. | ||||||
| 17 | The Independent Redistricting Commission may not adopt a | ||||||
| 18 | redistricting plan until the Independent Redistricting | ||||||
| 19 | Commission adopts and publishes a report explaining the plan's | ||||||
| 20 | compliance with the United States Constitution and Illinois | ||||||
| 21 | Constitution. Before the adoption of a redistricting plan, the | ||||||
| 22 | Independent Redistricting Commission shall release to the | ||||||
| 23 | public the final plan and its associated compliance report. | ||||||
| 24 | The meeting to vote on adoption of a redistricting plan shall | ||||||
| 25 | occur no sooner than six days after the release of the final | ||||||
| 26 | plan and its associated compliance report. All proposed and | ||||||
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| 1 | adopted maps and any data used to develop these maps are public | ||||||
| 2 | records. The Independent Redistricting Commission shall | ||||||
| 3 | maintain a website or other similar electronic platform to | ||||||
| 4 | disseminate information about the Independent Redistricting | ||||||
| 5 | Commission, including records of its meetings and hearings, | ||||||
| 6 | proposed redistricting plans, assessments and reports on | ||||||
| 7 | plans, and to allow the public to view its meetings and | ||||||
| 8 | hearings in both live and archived form. The website or | ||||||
| 9 | electronic platform must allow the public to submit | ||||||
| 10 | redistricting plans and comments on redistricting plans to the | ||||||
| 11 | Independent Redistricting Commission for its consideration. | ||||||
| 12 | (e) Each Legislative District, Representative District, | ||||||
| 13 | and Congressional District shall, in the following order of | ||||||
| 14 | priority: | ||||||
| 15 | (1) fully comply with the United States Constitution | ||||||
| 16 | and federal law, such as the federal Voting Rights Act; | ||||||
| 17 | (2) be substantially equal in population; | ||||||
| 18 | (3) provide racial minorities and language minorities | ||||||
| 19 | with the equal opportunity to participate in the political | ||||||
| 20 | process and elect candidates of their choice; | ||||||
| 21 | (4) provide racial minorities and language minorities | ||||||
| 22 | who constitute less than a voting-age majority of a | ||||||
| 23 | Legislative District, Representative District, or | ||||||
| 24 | Congressional District with an opportunity to | ||||||
| 25 | substantially influence the outcome of an election; | ||||||
| 26 | (5) be contiguous; | ||||||
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| 1 | (6) be compact; | ||||||
| 2 | (7) respect, to the extent practical, geographic | ||||||
| 3 | integrity of units of local government; | ||||||
| 4 | (8) respect, to the extent practical, communities | ||||||
| 5 | sharing common social or economic interests; and | ||||||
| 6 | (9) not discriminate against or in favor of any | ||||||
| 7 | political party or individual. | ||||||
| 8 | (f) The Independent Redistricting Commission shall adopt | ||||||
| 9 | and submit to the Legislative Redistricting Commission, | ||||||
| 10 | established by Section 3 of Article IV, a redistricting plan | ||||||
| 11 | for the Legislative Districts and Representative Districts | ||||||
| 12 | within 30 days after the Census Bureau's release of the Legacy | ||||||
| 13 | Format Summary Redistricting Data File for the State of | ||||||
| 14 | Illinois. The Independent Redistricting Commission shall adopt | ||||||
| 15 | and submit to the General Assembly a redistricting plan for | ||||||
| 16 | the Congressional Districts within 30 days after the Census | ||||||
| 17 | Bureau's release of the Legacy Format Summary Redistricting | ||||||
| 18 | Data File for the State of Illinois. The Independent | ||||||
| 19 | Redistricting Commission may adopt and submit separate | ||||||
| 20 | redistricting plans for the Legislative Districts and | ||||||
| 21 | Representative Districts, and a separate plan for the | ||||||
| 22 | Congressional Districts. | ||||||
| 23 | (g) If the Independent Redistricting Commission fails to | ||||||
| 24 | adopt and submit to the Legislative Redistricting Commission a | ||||||
| 25 | redistricting plan for the Legislative and Representative | ||||||
| 26 | Districts within 30 days from the Census Bureau's release of | ||||||
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| 1 | the Legacy Format Summary Redistricting Data File, the Chief | ||||||
| 2 | Justice of the Supreme Court and the most senior Supreme Court | ||||||
| 3 | Justice who is not elected from the same political party as the | ||||||
| 4 | Chief Justice shall appoint within 3 days a seventeenth member | ||||||
| 5 | to the Independent Redistricting Commission. The seventeenth | ||||||
| 6 | member of the Independent Redistricting Commission must not be | ||||||
| 7 | affiliated with either major political party. The | ||||||
| 8 | seventeen-member Independent Redistricting Commission shall | ||||||
| 9 | adopt and submit to the Legislative Redistricting Commission a | ||||||
| 10 | redistricting plan for the Legislative Districts and | ||||||
| 11 | Representative Districts within 10 days after the appointment | ||||||
| 12 | of the seventeenth member of the Independent Redistricting | ||||||
| 13 | Commission. | ||||||
| 14 | (h) Members of the Independent Redistricting Commission | ||||||
| 15 | shall be compensated at the rate of $37.50 for each hour the | ||||||
| 16 | member is engaged in Independent Redistricting Commission | ||||||
| 17 | business. Members of the Independent Redistricting Commission | ||||||
| 18 | are eligible for reimbursement of personal expenses incurred | ||||||
| 19 | in connection with the duties performed pursuant to this | ||||||
| 20 | Section. A member's residence is deemed to be the member's | ||||||
| 21 | post of duty for purposes of reimbursement of expenses. | ||||||
| 22 | (i) Within the first 30 days after the selection of the | ||||||
| 23 | Independent Redistricting Commission, the Governor shall | ||||||
| 24 | include in the budget sufficient funding for the Independent | ||||||
| 25 | Redistricting Commission, the Legislative Redistricting | ||||||
| 26 | Commission and the Secretary of State to meet the estimated | ||||||
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| 1 | expenses of each of those officers or entities in implementing | ||||||
| 2 | the redistricting process required by this Section, including, | ||||||
| 3 | but not limited to, adequate funding for a statewide outreach | ||||||
| 4 | program to solicit broad public participation in the | ||||||
| 5 | redistricting process. The Governor shall also make adequate | ||||||
| 6 | office space available for the operation of the Commission. | ||||||
| 7 | The Legislature shall make the necessary appropriation. The | ||||||
| 8 | Legislature may make additional appropriations in any year | ||||||
| 9 | that it determines that the Commission requires additional | ||||||
| 10 | funding in order to fulfill its duties. The Independent | ||||||
| 11 | Redistricting Commission and Legislative Redistricting | ||||||
| 12 | Commission, with fiscal oversight from the Comptroller or its | ||||||
| 13 | successor, shall be exempt from the Illinois Procurement Code | ||||||
| 14 | but will have procurement and contracting authority and may | ||||||
| 15 | hire staff and consultants, for the purposes of this Section. | ||||||
| 16 | (j) Any redistricting plan enacted by the Legislative | ||||||
| 17 | Redistricting Commission shall immediately be filed with the | ||||||
| 18 | Secretary of State. A redistricting plan filed with the | ||||||
| 19 | Secretary of State shall be presumed valid and shall be | ||||||
| 20 | published promptly by the Secretary of State. | ||||||
| 21 | (k) Each Independent Redistricting Commission shall be | ||||||
| 22 | dissolved on the first day of the sixth month to occur after | ||||||
| 23 | the final redistricting plan is filed with the Secretary of | ||||||
| 24 | State as provided in subsection (j) of this Section. | ||||||
| 25 | SCHEDULE | ||||||
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| 1 | This Constitutional Amendment takes effect upon being | ||||||
| 2 | declared adopted in accordance with Section 7 of the Illinois | ||||||
| 3 | Constitutional Amendment Act. | ||||||
