SB0223sam001 100TH GENERAL ASSEMBLY

Sen. Iris Y. Martinez

Filed: 3/3/2017

10000SB0223sam001 LRB100 04908 MLM 20639 a

AMENDMENT TO SENATE BILL 223

AMENDMENT NO. ______. Amend Senate Bill 223 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Local Government Voting Rights Act.

Section 5. Findings and policy. The General Assembly finds and hereby declares that the purpose of this Act is to address ongoing vote dilution and discrimination in voting as matters of statewide concern, in order to enforce the fundamental rights guaranteed by Sections 1 and 2 of Article I and Sections 1 and 8 of Article III of the Illinois Constitution.

Section 10. Definitions. As used in this Act:

"At-large method of election" means any of the following methods of electing members to the governing body of a political subdivision:

(1) one in which the voters of the entire jurisdiction elect candidates to the governing body, including, but not limited to, alternative vote arrangements, transferable voting, ranked-choice voting, or preferential voting;

(2) one in which candidates are required to reside within particular areas of the jurisdiction and the voters of the entire jurisdiction elect candidates to the governing body; or

(3) one which combines at-large elections with a district-based method of election.

"District-based method of election" means a method of electing members to the governing body of a political subdivision in which the candidate must reside within an election district that is a divisible part of the political subdivision and is elected only by voters residing within that election district.

"Political subdivision" means a geographic area of representation created for the provision of government services, including, but not limited to a county, township, city, municipality, school district, community college district, special district, or other district organized pursuant to State law.

"Protected group" and "protected class" under this Act shall mean a group or class of voters who are members of a race, color, or language minority group, as referenced and defined in the federal Voting Rights Act (52 U.S.C. 10301 et seq.).

"Racially-polarized voting" means voting in which there is a difference, as defined in case law regarding enforcement of the federal Voting Rights Act (52 U.S.C. 10301 et seq.), in the choice of candidates or other electoral choices that are preferred by voters in a protected class, and in the choice of candidates and electoral choices that are preferred by voters in the rest of the electorate. The methodologies for estimating group voting behavior as approved in applicable federal cases to enforce the federal Voting Rights Act to establish racially-polarized voting, as well as other valid methodologies admissible pursuant to Illinois Rule of Evidence 702, may be used for purposes of this Section to prove that elections are characterized by racially-polarized voting.

Section 15. Vote dilution and discrimination. Neither an at-large method of election nor a district-based method of election may be imposed or applied in a manner that impairs the ability of a protected group or class to elect candidates of its choice as a result of the dilution or the abridgment of the rights of voters who are members of a protected group or class.

Section 20. Violations.

(a) To establish a violation of Section 15 of this Act, a plaintiff or plaintiffs must show that racially-polarized voting occurs in elections for members of the governing body of the political subdivision or in elections incorporating other electoral choices by the voters of the political subdivision.

(b) The occurrence of racially-polarized voting shall be determined from examining results of elections in which at least one candidate is a member of the protected class or the preferred candidate of the protected class involved in the challenge, or elections involving ballot measures or other electoral choices. In multi-seat at-large election districts, where the number of candidates who are members of the protected class or preferred candidates of the protected class involved in the challenge is fewer than the number of seats available, the relative group-wide support received by candidates from members of the protected class shall be the basis for the racial polarization analysis. Elections conducted prior to the filing of an action for a violation of Section 15 of this Act are more probative to establish the existence of racially-polarized voting than elections conducted after the filing of the action.

(c) Other factors such as the history of discrimination, the use of electoral devices or other voting practices or procedures that may enhance the dilutive effects of at-large elections, denial of access to those processes determining which groups of candidates will receive financial or other support in a given election, the extent to which members of a protected class bear the effects of past discrimination in areas such as education, employment, and health, which hinder their ability to participate effectively in the political process, and the use of overt or subtle racial appeals in political campaigns are probative, but not necessary, factors to establish a violation of Section 15 of this Act.

(d) The fact that members of a protected class are not geographically compact or concentrated shall not preclude a finding of racially-polarized voting, or a violation of Section 15 of this Act, but may be a factor in determining an appropriate remedy.

(e) Proof of intent on the part of the voters or elected officials to discriminate against a protected class is not required.

(f) The fact that a single-member district-based method of election election was imposed on the political subdivision as a result of a prior action under this Act shall not be a defense to a violation of Section 15 of this Act, except that if a court orders a political subdivision to adopt, and subsequently approves, a single-member district-based method of election as a result of an action under this Act, there shall be a rebuttable presumption that the election system does not violate Section 15 of this Act. The presumption shall apply only to the exact single-member district-based method of election that was approved by the court and shall not apply if the boundaries of the single-member districts of the political subdivision are subsequently adjusted for any reason.

Section 25. Standing. Any eligible voter who is a member of a protected class and who resides in a political subdivision where a violation of Section 15 of this Act is alleged may file an action for a violation of that Section in the circuit court of any county in which the political subdivision is located.

Section 30. Notice. Prior to filing an action pursuant to this Act, a prospective plaintiff shall first notify the political subdivision's principal executive officer, in writing, that the prospective plaintiff intends to challenge the political subdivision's electoral system under this Act.

Section 35. Remedies.

(a) Upon a determination that there is a violation of Section 15 of this Act, the circuit court shall implement appropriate remedies that are tailored to remedy the violation, based on submissions by the plaintiff or plaintiffs.

(b) Notwithstanding any State law to the contrary, upon finding a violation of Section 15 of this Act, the court may order the political subdivision to adopt, alter, or repeal its forms of government or manner of electing the members of its governing body in order to remedy the violation.

(c) To the extent possible, the court shall give preference to the implementation of an effective district-based method of election that provides the protected class the opportunity to elect candidates of its choice from single member districts. Single-member districts under this subsection (c) shall be drawn in a manner consistent with the following:

(1) district boundaries may not be drawn or maintained in a manner that denies an equal opportunity of a protected class to elect candidates of its choice or an equal opportunity to influence the outcome of an election;

(2) each district shall be as nearly equal in population as practicable to each and every other such district comprising the political subdivision;

(3) each district shall consist of a geographically contiguous area; and

(4) each district shall be reasonably compact.

(d) If the implementation of effective single-member districts under subsection (c) of this Section is not possible or will not provide an appropriate remedy, the court may order additional remedies, including, but not limited to, any of the following:

(1) implementing an alternative election system, such as cumulative voting and ranked-choice voting;

(2) approving a single-member district-based method of election that provides the protected class the opportunity to join in a coalition of 2 or more protected classes to elect candidates of their choice if there is demonstrated political cohesion among the protected classes;

(3) incrementally increasing the size of the governing body;

(4) requiring elections of the governing body to be held on the same day as a statewide election in accordance with Article 2A of the Election Code; or

(5) issuing an injunction to delay an election.

Section 40. Fees.

(a) In any action to enforce Section 15 of this Act, the circuit court shall allow the prevailing party to collect from the defendant reasonable attorney's fees and litigation expenses including, but not limited to, expert witness fees and expenses as part of the costs. A prevailing defendant party shall not recover any costs or attorney's fees, unless the court finds the action to be frivolous, unreasonable, or groundless.

(b) If, in response to a notice from a prospective plaintiff or plaintiffs as described in Section 30 of this Act, a political subdivision changes its method of election in a manner that might have been ordered had litigation been filed, or adopts an ordinance or resolution establishing a specific plan to effect the transition and an estimated time frame for doing so, then the prospective plaintiff or plaintiffs who sent the notice may demand reimbursement for the fees and costs to support the notice. Within 45 days of receiving the demand for reimbursement, the political subdivision shall reimburse the prospective plaintiff or plaintiffs for reasonable costs claimed.

Section 45. Conflict of Laws. Nothing in this Act shall be construed, applied, or implemented in a way that conflicts with the United States Constitution, the federal Voting Rights Act (52 U.S.C. 10301 et seq.), or the Illinois Constitution.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.".