Rep. Ryan Spain

Filed: 4/21/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2002

2    AMENDMENT NO. ______. Amend House Bill 2002 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5People's Independent Maps Act.
 
6    Section 5. Independent Redistricting Commission.
7    (a) Because of the delay in receiving 2020 Census data,
8the Chief Justice and the most senior Supreme Court Justice
9who is not elected from the same political party as the Chief
10Justice shall select 16 commissioners no later than 30 days
11after the effective date of this Act to form the Independent
12Redistricting Commission. The commissioners shall reflect the
13ethnic, gender, and racial demographics of Illinois. Fourteen
14of the commissioners shall represent, in equal number, the 2
15political parties whose gubernatorial candidates received the
16greatest number of votes in the last gubernatorial election

 

 

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1and 2 of the commissioners shall represent neither of those
2parties. The 2 Supreme Court Justices responsible for
3selecting the 16 commissioners shall consider party
4identification and all campaign contributions in determining a
5potential commissioner's eligibility. There shall be at least
62 commissioners from each Judicial District.
7    (b) A person is ineligible to serve on the Independent
8Redistricting Commission if within the previous 4 calendar
9years the person or his or her spouse or immediate family
10member was appointed or elected to a position with the State,
11federal, or local government; is a State employee; is a
12lobbyist as defined by law; has an ownership interest in an
13entity with a State or federal contract; or is appointed or
14elected to serve a political party. A commissioner is
15ineligible for a period of 10 years after serving on the
16Independent Redistricting Commission to be appointed to a
17position subject to Senate confirmation. Commissioners must
18file financial disclosure statements and abide by any ethics
19requirements established by law.
20    (c) The Independent Redistricting Commission shall act in
21public meetings by the affirmative votes of 10 commissioners.
22The Independent Redistricting Commission shall elect its
23chairperson and vice chairperson, who shall not be affiliated
24with the same political party. Each meeting of the Independent
25Redistricting Commission shall be open to the public and there
26must be public notice at least 7 days before a meeting. All

 

 

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1records of the Independent Redistricting Commission, including
2all communications to or from the Independent Redistricting
3Commission regarding the work of the Independent Redistricting
4Commission, shall be available for public inspection. The
5Independent Redistricting Commission shall adopt rules
6governing its procedures. The Independent Redistricting
7Commission shall be considered a public body subject to the
8Freedom of Information Act or a successor Act and the Open
9Meetings Act or a successor Act. Commissioners and staff may
10not communicate with or receive communications about
11redistricting matters from anyone outside of a public hearing.
12    (d) The Independent Redistricting Commission shall hold at
13least 10 public hearings throughout the State before adopting
14a redistricting plan, with a majority occurring before the
15Independent Redistricting Commission releases any proposed
16redistricting plan and at least 4 public hearings must occur
17throughout the State after the release of any proposed
18redistricting plan.
19    The Independent Redistricting Commission must provide a
20meaningful opportunity for racial minorities and language
21minorities to participate in the public hearings, including,
22but not limited to, issuing notices in multiple languages and
23ensuring that translation services are available at all
24hearings at the Independent Redistricting Commission's expense
25or through partnership with outside organizations. These
26public hearings must be open to all members of the public and

 

 

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1must be planned to encourage attendance and participation
2across the State, including the use of technology that allows
3for real-time, virtual participation and feedback during the
4hearings. When releasing a proposed redistricting plan, the
5Independent Redistricting Commission must also release
6population data, geographic data, election data, and any other
7data used to create the plan, when the Independent
8Redistricting Commission receives this information. The
9Independent Redistricting Commission must also provide
10terminals for members of the public to access the data and
11associated software. During the map drawing process, any
12member of the public may submit maps for consideration to the
13Independent Redistricting Commission. Those submissions are
14public records that are open to comment.
15    The Independent Redistricting Commission may not adopt a
16redistricting plan until the Independent Redistricting
17Commission adopts and publishes a report explaining the plan's
18compliance with the United States Constitution and Illinois
19Constitution. Before the adoption of a redistricting plan, the
20Independent Redistricting Commission shall release to the
21public the final plan and its associated compliance report.
22The meeting to vote on adoption of a redistricting plan shall
23occur no sooner than six days after the release of the final
24plan and its associated compliance report. All proposed and
25adopted maps and any data used to develop these maps are public
26records. The Independent Redistricting Commission shall

 

 

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1maintain a website or other similar electronic platform to
2disseminate information about the Independent Redistricting
3Commission, including records of its meetings and hearings,
4proposed redistricting plans, assessments and reports on
5plans, and to allow the public to view its meetings and
6hearings in both live and archived form. The website or
7electronic platform must allow the public to submit
8redistricting plans and comments on redistricting plans to the
9Independent Redistricting Commission for its consideration.
10    (e) Each Legislative District, Representative District,
11and Congressional District shall, in the following order of
12priority:
13        (1) fully comply with the United States Constitution
14    and federal law, such as the federal Voting Rights Act;
15        (2) be substantially equal in population;
16        (3) provide racial minorities and language minorities
17    with the equal opportunity to participate in the political
18    process and elect candidates of their choice;
19        (4) provide racial minorities and language minorities
20    who constitute less than a voting-age majority of a
21    Legislative District, Representative District, or
22    Congressional District with an opportunity to
23    substantially influence the outcome of an election;
24        (5) be contiguous;
25        (6) be compact;
26        (7) respect, to the extent practical, geographic

 

 

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1    integrity of units of local government;
2        (8) respect, to the extent practical, communities
3    sharing common social or economic interests; and
4        (9) not discriminate against or in favor of any
5    political party or individual.
6    (f) The Independent Redistricting Commission shall adopt
7and submit to the Legislative Redistricting Commission,
8established by Section 3 of Article IV of the Illinois
9Constitution, a redistricting plan for the Legislative
10Districts and Representative Districts within 30 days of the
11Census Bureau's release of the Legacy Format Summary
12Redistricting Data File for the State of Illinois. The
13Independent Redistricting Commission shall adopt and submit to
14the General Assembly a redistricting plan for the
15Congressional Districts within 30 days of the Census Bureau's
16release of the Legacy Format Summary Redistricting Data File
17for the State of Illinois. The Independent Redistricting
18Commission may adopt and submit separate redistricting plans
19for the Legislative Districts and Representative Districts,
20and a separate plan for the Congressional Districts.
21    (g) If the Independent Redistricting Commission fails to
22adopt and submit to the Legislative Redistricting Commission a
23redistricting plan for the Legislative and Representative
24Districts within 30 days from the Census Bureau's release of
25the Legacy Format Summary Redistricting Data File, the Chief
26Justice of the Supreme Court and the most senior Supreme Court

 

 

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1Justice who is not elected from the same political party as the
2Chief Justice shall appoint within 3 days a seventeenth member
3to the Independent Redistricting Commission. The seventeenth
4member of the Independent Redistricting Commission must not be
5affiliated with either major political party. The
6seventeen-member Independent Redistricting Commission shall
7adopt and submit to the Legislative Redistricting Commission a
8redistricting plan for the Legislative Districts and
9Representative Districts within 10 days of the appointment of
10the seventeenth member of the Independent Redistricting
11Commission.
12    (h) Members of the Independent Redistricting Commission
13shall be compensated at the rate of $37.50 for each hour the
14member is engaged in Independent Redistricting Commission
15business. Members of the Independent Redistricting Commission
16are eligible for reimbursement of personal expenses incurred
17in connection with the duties performed pursuant to this act.
18A member's residence is deemed to be the member's post of duty
19for purposes of reimbursement of expenses.
20    (i) Within the first 30 days after the selection of the
21Independent Redistricting Commission, the Governor shall
22include in the budget sufficient funding for the Independent
23Redistricting Commission, the Legislative Redistricting
24Commission and the Secretary of State to meet the estimated
25expenses of each of those officers or entities in implementing
26the redistricting process required by this Section, including,

 

 

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1but not limited to, adequate funding for a statewide outreach
2program to solicit broad public participation in the
3redistricting process. The Governor shall also make adequate
4office space available for the operation of the Commission.
5The Legislature shall make the necessary appropriation. The
6Legislature may make additional appropriations in any year
7that it determines that the Commission requires additional
8funding in order to fulfill its duties. The Independent
9Redistricting Commission and Legislative Redistricting
10Commission, with fiscal oversight from the Comptroller or its
11successor, shall be exempt from the Illinois Procurement Code
12but will have procurement and contracting authority and may
13hire staff and consultants, for the purposes of this Section.
14    (j) Any redistricting plan enacted by the Legislative
15Redistricting Commission shall immediately be filed with the
16Secretary of State. A redistricting plan filed with the
17Secretary of State shall be presumed valid and shall be
18published promptly by the Secretary of State.
19    (k) This Act shall not apply to any redistricting process
20other than the one immediately following the 2020 Census.
 
21    Section 10. Repealer. This Act is repealed December 31,
222025.
 
23    Section 97. Severability. The provisions of this Act are
24severable under Section 1.31 of the Statute on Statutes.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".