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1
AMENDMENT TO HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT 58

3    AMENDMENT NO. ___. Amend House Joint Resolution
4Constitutional Amendment 58 by replacing everything after the
5heading with the following:
 
6    "RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
7NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
8SENATE CONCURRING HEREIN, that there shall be submitted to the
9electors of the State for adoption or rejection at the general
10election next occurring at least 6 months after the adoption of
11this resolution a proposition to amend Article IV of the
12Illinois Constitution by changing Sections 2 and 3 as follows:
 
13
ARTICLE IV
14
THE LEGISLATURE

15      (ILCON Art. IV, Sec. 2)

 

 

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1SECTION 2. LEGISLATIVE COMPOSITION
2    (a) One Senator shall be elected from each Legislative
3District. Immediately following each decennial redistricting,
4the General Assembly by law shall divide the Legislative
5Districts as equally as possible into three groups. Senators
6from one group shall be elected for terms of four years, four
7years and two years; Senators from the second group, for terms
8of four years, two years and four years; and Senators from the
9third group, for terms of two years, four years and four years.
10The Legislative Districts in each group shall be distributed
11substantially equally over the State.
12    (b) Each Legislative District shall be divided into two
13Representative Districts. In 1982 and every two years
14thereafter one Representative shall be elected from each
15Representative District for a term of two years.
16    (c) To be eligible to serve as a member of the General
17Assembly, a person must be a United States citizen, at least 21
18years old, and for the two years preceding his election or
19appointment a resident of the district which he is to
20represent. In the general election following a redistricting, a
21candidate for the General Assembly may be elected from any
22district which contains a part of the district in which he
23resided at the time of the redistricting and reelected if a
24resident of the new district he represents for 18 months prior
25to reelection.
26    (d) Within thirty days after a vacancy occurs, it shall be

 

 

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1filled by appointment as provided by law. If the vacancy is in
2a Senatorial office with more than twenty-eight months
3remaining in the term, the appointed Senator shall serve until
4the next general election, at which time a Senator shall be
5elected to serve for the remainder of the term. If the vacancy
6is in a Representative office or in any other Senatorial
7office, the appointment shall be for the remainder of the term.
8An appointee to fill a vacancy shall be a member of the same
9political party as the person he succeeds.
10    (e) No member of the General Assembly shall receive
11compensation as a public officer or employee from any other
12governmental entity for time during which he is in attendance
13as a member of the General Assembly.
14    No member of the General Assembly during the term for which
15he was elected or appointed shall be appointed to a public
16office which shall have been created or the compensation for
17which shall have been increased by the General Assembly during
18that term.
19(Source: Amendment adopted at general election November 4,
201980.)
 
21      (ILCON Art. IV, Sec. 3)
22SECTION 3. LEGISLATIVE REDISTRICTING
23    (a) Legislative Districts and Representative Districts
24shall each, in order of priority, be substantially equal in
25population; provide racial minorities and language minorities

 

 

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1with the equal opportunity to participate in the political
2process and elect candidates of their choice; provide racial
3minorities and language minorities who constitute less than a
4voting-age majority of a District with an opportunity to
5substantially influence the outcome of an election; be
6contiguous; be compact; respect, to the extent practical,
7geographic integrity of units of local government; respect, to
8the extent practical, communities sharing common social or
9economic interests; and not discriminate against or in favor of
10any political party or individual.
11    (b) No later than June 30 of the year in which each Federal
12decennial census occurs, the Chief Justice and the most senior
13Justice of the Supreme Court who is not affiliated with the
14same political party as the Chief Justice shall select eight
15commissioners to an Independent Redistricting Commission.
16Commissioners must reflect the ethnic, gender, and racial
17demographics of Illinois, and there must be at least one
18commissioner from each Judicial District.
19    (c) A person is ineligible to serve on the Commission if
20within the previous four calendar years the person or his or
21her spouse or immediate family member was appointed or elected
22to a position with the State or local government, a State
23employee, a lobbyist as defined by law, a person with an
24ownership interest in an entity with a state contract, or
25appointed or elected to serve a political party. A commissioner
26is ineligible for a period of ten years to serve in the General

 

 

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1Assembly or to be appointed to a position subject to Senate
2confirmation. Commissioners must file financial disclosure
3statements and abide by any ethics requirements established by
4law.
5    (d) The Commission shall act in public meetings by
6affirmative vote of five commissioners. The Commission shall
7elect its chairperson and vice chairperson, who shall not be
8affiliated with the same political party. All meetings of the
9Commission shall be open to the public and publicly noticed at
10least seven days prior to the meeting. All records of the
11Commission, including all communications to or from the
12Commission regarding the work of the Commission, shall be
13available for public inspection. The Commission shall adopt
14rules governing its procedures.
15    (e) The Commission shall hold at least fifteen public
16hearings throughout the State before adopting any
17redistricting plan, with a majority occurring before the
18Commission releases any proposed redistricting plan and at
19least five occurring after the release of any proposed
20redistricting plan. The Commission may not adopt a
21redistricting plan until the Commission adopts a report
22explaining its compliance with the United States and Illinois
23Constitutions. Prior to the adoption of a redistricting plan,
24the Commission shall release to the public the final plan and
25its associated compliance report. The meeting to vote on
26adoption of a redistricting plan shall occur no sooner than

 

 

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1seven days after the release of the final plan and its
2associated compliance report.
3    (f) The Commission shall adopt and file with the Secretary
4of State a redistricting plan for the Legislative Districts and
5Representative Districts by June 30 of the year following the
6Federal decennial census. The Commission may adopt separate
7redistricting plans for the Legislative Districts and the
8Representative Districts.
9    (g) If the Commission fails to adopt and file a
10redistricting plan by July 1 of the year following a Federal
11decennial census, the Chief Justice of the Supreme Court and
12the most senior Justice of the Supreme Court who is not
13affiliated with the same political party as the Chief Justice
14shall appoint a ninth member to the Commission. The nine-member
15Commission shall adopt and file with the Secretary of State a
16redistricting plan for the Legislative Districts and
17Representative Districts by August 1 of the year following the
18Federal decennial census.
19    (h) A redistricting plan filed with the Secretary of State
20shall be presumed valid and shall be published promptly by the
21Secretary of State.
22    (i) The Supreme Court shall have original and exclusive
23jurisdiction over actions concerning redistricting the House
24and Senate, which shall be initiated in the name of the People
25of the State by the Attorney General.
26    (a) Legislative Districts shall be compact, contiguous and

 

 

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1substantially equal in population. Representative Districts
2shall be compact, contiguous, and substantially equal in
3population.
4    (b) In the year following each Federal decennial census
5year, the General Assembly by law shall redistrict the
6Legislative Districts and the Representative Districts.
7    If no redistricting plan becomes effective by June 30 of
8that year, a Legislative Redistricting Commission shall be
9constituted not later than July 10. The Commission shall
10consist of eight members, no more than four of whom shall be
11members of the same political party.
12    The Speaker and Minority Leader of the House of
13Representatives shall each appoint to the Commission one
14Representative and one person who is not a member of the
15General Assembly. The President and Minority Leader of the
16Senate shall each appoint to the Commission one Senator and one
17person who is not a member of the General Assembly.
18    The members shall be certified to the Secretary of State by
19the appointing authorities. A vacancy on the Commission shall
20be filled within five days by the authority that made the
21original appointment. A Chairman and Vice Chairman shall be
22chosen by a majority of all members of the Commission.
23    Not later than August 10, the Commission shall file with
24the Secretary of State a redistricting plan approved by at
25least five members.
26    If the Commission fails to file an approved redistricting

 

 

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1plan, the Supreme Court shall submit the names of two persons,
2not of the same political party, to the Secretary of State not
3later than September 1.
4    Not later than September 5, the Secretary of State publicly
5shall draw by random selection the name of one of the two
6persons to serve as the ninth member of the Commission.
7    Not later than October 5, the Commission shall file with
8the Secretary of State a redistricting plan approved by at
9least five members.
10    An approved redistricting plan filed with the Secretary of
11State shall be presumed valid, shall have the force and effect
12of law and shall be published promptly by the Secretary of
13State.
14    The Supreme Court shall have original and exclusive
15jurisdiction over actions concerning redistricting the House
16and Senate, which shall be initiated in the name of the People
17of the State by the Attorney General.
18(Source: Amendment adopted at general election November 4,
191980.)
 
20
SCHEDULE
21    This Constitutional Amendment takes effect upon being
22declared adopted in accordance with Section 7 of the Illinois
23Constitutional Amendment Act and applies to redistricting
24beginning in 2021 and to the election of General Assembly
25members beginning in 2022.".