HB2788 98TH GENERAL ASSEMBLY

LRB098 09852 HLH 40008 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2788

Introduced , by Rep. Mike Fortner

SYNOPSIS AS INTRODUCED:

10 ILCS 120/5-5

Amends the Illinois Voting Rights Act of 2011. Provides that no Legislative District or Representative Districts shall include fewer than 50 voters within the boundaries of a township, county, or election commission.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Voting Rights Act of 2011 is amended by changing Section 5-5 as follows:

(10 ILCS 120/5-5)

Sec. 5-5. Redistricting.

(a) In any redistricting plan pursuant to Article IV, Section 3 of the Illinois Constitution, Legislative Districts and Representative Districts shall be drawn, subject to subsection (d) of this Section, to create crossover districts, coalition districts, or influence districts. To the extent practicable, no Legislative District or Representative Districts shall include fewer than 50 voters within the boundaries of a township, county, or election commission. The requirements imposed by this Article are in addition and subordinate to any requirements or obligations imposed by the United States Constitution, any federal law regarding redistricting Legislative Districts or Representative Districts, including but not limited to the federal Voting Rights Act, and the Illinois Constitution.

(b) The phrase "crossover district" means a district where a racial minority or language minority constitutes less than a majority of the voting-age population but where this minority, at least potentially, is large enough to elect the candidate of its choice with help from voters who are members of the majority and who cross over to support the minority's preferred candidate. The phrase "coalition district" means a district where more than one group of racial minorities or language minorities may form a coalition to elect the candidate of the coalition's choice. The phrase "influence district" means a district where a racial minority or language minority can influence the outcome of an election even if its preferred candidate cannot be elected.

(c) For purposes of this Act, the phrase "racial minorities or language minorities", in either the singular or the plural, means the same class of voters who are members of a race, color, or language minority group receiving protection under the federal Voting Rights Act, 42 U.S.C. § 1973; 42 U.S.C. § 1973b(f)(2); 42 U.S.C. § 1973aa-1a(e).

(d) Nothing in this Act shall be construed, applied, or implemented in a way that imposes any requirement or obligation that conflicts with the United States Constitution, any federal law regarding redistricting Legislative Districts or Representative Districts, including but not limited to the federal Voting Rights Act, or the Illinois Constitution.

(e) In the event of a violation of this Act, the redistricting plan shall be redrawn to the least extent necessary to remedy the violation.

(Source: P.A. 96-1541, eff. 3-7-11.)