Full Text of SJRCA0121 96th General Assembly
SC0121ham002 96TH GENERAL ASSEMBLY
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| AMENDMENT TO SENATE JOINT RESOLUTION
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| CONSTITUTIONAL AMENDMENT 121
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| AMENDMENT NO. ___. Amend Senate Joint Resolution | 4 |
| Constitutional Amendment 121 by replacing everything after the | 5 |
| title with the following:
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| "RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 7 |
| NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 8 |
| SENATE CONCURRING HEREIN, that there shall be submitted to the | 9 |
| electors of the State for adoption or rejection at the general | 10 |
| election next occurring at least 6 months after the adoption of | 11 |
| this resolution a proposition to amend Sections 2 and 3 of | 12 |
| Article IV of the Illinois Constitution as follows:
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| ARTICLE IV
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| THE LEGISLATURE
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| (ILCON Art. IV, Sec. 2)
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| SECTION 2. LEGISLATIVE COMPOSITION
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| (a) One Senator shall be elected from each Legislative | 3 |
| District.
Immediately following each decennial redistricting, | 4 |
| the General Assembly
by law shall divide the Legislative | 5 |
| Districts as equally as possible
into three groups. Senators | 6 |
| from one group shall be elected for terms of
four years, four | 7 |
| years and two years; Senators from the second group,
for terms | 8 |
| of four years, two years and four years; and Senators from the
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| third group, for terms of two years, four years and four years. | 10 |
| The
Legislative Districts in each group shall be distributed | 11 |
| substantially
equally over the State.
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| (b) Each Legislative District shall be divided into two | 13 |
| Representative
Districts. In 2012 1982 and every two years | 14 |
| thereafter one Representative shall
be elected from each | 15 |
| Representative District for a term of two years.
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| (c) To be eligible to serve as a member of the General | 17 |
| Assembly, a
person must be a United States citizen, at least 21 | 18 |
| years old, and for
the two years preceding his election or | 19 |
| appointment a resident of the
district which he is to | 20 |
| represent. In the general election following a
redistricting, a | 21 |
| candidate for the General Assembly may be elected from
any | 22 |
| district which contains a part of the district in which he | 23 |
| resided
at the time of the redistricting and reelected if a | 24 |
| resident of the new
district he represents for 18 months prior | 25 |
| to reelection.
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| (d) Within thirty days after a vacancy occurs, it shall be |
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| filled by
appointment as provided by law. If the vacancy is in | 2 |
| a Senatorial office
with more than twenty-eight months | 3 |
| remaining in the term, the appointed
Senator shall serve until | 4 |
| the next general election, at which time a
Senator shall be | 5 |
| elected to serve for the remainder of the term. If the
vacancy | 6 |
| is in a Representative office or in any other Senatorial | 7 |
| office,
the appointment shall be for the remainder of the term. | 8 |
| An appointee to
fill a vacancy shall be a member of the same | 9 |
| political party as the
person he succeeds.
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| (e) No member of the General Assembly shall receive | 11 |
| compensation as
a public officer or employee from any other | 12 |
| governmental entity for time
during which he is in attendance | 13 |
| as a member of the General Assembly.
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| No member of the General Assembly during the term for which | 15 |
| he was
elected or appointed shall be appointed to a public | 16 |
| office which shall
have been created or the compensation for | 17 |
| which shall have been
increased by the General Assembly during | 18 |
| that term.
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| (Source: Amendment adopted at general election November 4, | 20 |
| 1980.)
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| (ILCON Art. IV, Sec. 3)
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| SECTION 3. LEGISLATIVE REDISTRICTING
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| (a) On the second Tuesday in February in the year following | 24 |
| each Federal decennial census year, the President of the | 25 |
| Senate, the Minority Leader of the Senate, the Speaker of the |
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| House, and the Minority Leader of the House may each, | 2 |
| considering the diversity of the State, appoint two members to | 3 |
| the Temporary Redistricting Advisory Commission. On or before | 4 |
| the second Tuesday in March, one additional member shall be | 5 |
| elected by a majority of the members appointed, and that member | 6 |
| shall serve as Chair. Members of the Temporary Redistricting | 7 |
| Advisory Commission shall not be eligible to be elected to the | 8 |
| General Assembly or appointed to any office that is subject to | 9 |
| confirmation by the Senate for ten years after completion of | 10 |
| service on the Temporary Redistricting Advisory Commission. No | 11 |
| person may serve as a member of the Temporary Redistricting | 12 |
| Advisory Commission who is at the time of appointment, becomes | 13 |
| at any time during service, or who was at any time during the | 14 |
| preceding four years (i) a registered lobbyist in Illinois; | 15 |
| (ii) an employee or contractor of the State of Illinois; (iii) | 16 |
| an elected official of or a candidate for or appointed member | 17 |
| of any elected body of: the federal government, the State, a | 18 |
| unit of local government, a school district or a political | 19 |
| party; or (iv) an immediate family member of any of the | 20 |
| foregoing. As used in this Article IV, Section 3, "immediate | 21 |
| family member" is a person with whom the person has a bona fide | 22 |
| relationship established through close blood or legal kinship. | 23 |
| If any member of the Temporary Redistricting Advisory | 24 |
| Commission shall be unable to fulfill the duties required under | 25 |
| this Section, then the person who appointed said member, or | 26 |
| that person's successor, shall appoint a person to fill said |
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| vacancy within five days of the occurrence of the vacancy. | 2 |
| A meeting of a majority of a quorum of the Temporary | 3 |
| Redistricting Advisory Commission shall be open to the public | 4 |
| with at least twenty-four hour notice. | 5 |
| The Temporary Redistricting Advisory Commission shall have | 6 |
| authority to hire independent private firms for any assistance. | 7 |
| The Commission shall conduct at least five public hearings on | 8 |
| separate days around five distinct geographic regions of the | 9 |
| State before voting on any redistricting plans, and at least | 10 |
| three of the hearings shall be after receipt of the data from | 11 |
| the United States Census Bureau. Within three days after | 12 |
| receipt of the data from the United States Census Bureau, the | 13 |
| Commission shall make that data, together with redistricting | 14 |
| software, available to the public. | 15 |
| (b) The Commission shall approve any redistricting plans by | 16 |
| a majority vote of its members. | 17 |
| The Commission shall establish districts pursuant to a | 18 |
| mapping process using the following criteria as set forth in | 19 |
| the following order of priority: | 20 |
| (1) Districts shall comply with all Federal laws and | 21 |
| shall not be drawn with the intent or result of denying or | 22 |
| abridging the equal opportunity of racial or language | 23 |
| minorities to participate in the political process or to | 24 |
| diminish their ability to elect representatives of their | 25 |
| choice. | 26 |
| (2) Districts shall be contiguous. |
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| (3) Districts shall be substantially equal in | 2 |
| population. | 3 |
| (4) Districts shall be compact. | 4 |
| (5) District boundaries shall, to the extent | 5 |
| practical, follow visible geographic features and | 6 |
| municipal boundaries. | 7 |
| (6) The plan shall not be drawn to purposefully or | 8 |
| significantly favor or discriminate against any political | 9 |
| party or group. | 10 |
| Party registration, voting history data and incumbency | 11 |
| shall not be considered in the mapping process, except to | 12 |
| evaluate compliance with the criteria listed in subsections | 13 |
| (b)(1) and (b)(6). The Commission shall establish definitions | 14 |
| where applicable for each of the criteria listed in subsections | 15 |
| (b)(1)-(6). | 16 |
| A Representative District need not be entirely within a | 17 |
| single Legislative District. | 18 |
| After preliminary approval of the redistricting plans, the | 19 |
| Commission shall release the proposed plans to the public, | 20 |
| conduct at least three
public hearings around three distinct | 21 |
| geographic regions of the
State, and submit a report to the | 22 |
| General Assembly. At any time prior to the submission of a plan | 23 |
| under subsection (c), any member of the General Assembly or | 24 |
| general public may submit a plan to be considered by the | 25 |
| Commission and for public viewing. All documents submitted to | 26 |
| or plans considered by the Commission shall be made available |
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| to the public within a reasonable time period. | 2 |
| (c) After conducting the required public hearings, the | 3 |
| Commission shall approve by a majority vote a Representative | 4 |
| redistricting plan by third Monday in May, which the Chair of | 5 |
| the Commission shall deliver to the House of Representatives on | 6 |
| the third business day after approval. The House must take a | 7 |
| record vote to accept the plan by a House Resolution. The | 8 |
| Resolution is adopted if it receives the affirmative vote of at | 9 |
| least two-thirds of the members elected. | 10 |
| After conducting the required public hearings, the | 11 |
| Commission shall approve by a majority vote a Senate | 12 |
| redistricting plan by the third Monday in May, which the Chair | 13 |
| of the Commission shall deliver to the Senate on the third | 14 |
| business day after approval. The Senate must take a record vote | 15 |
| to accept the plan by a Senate Resolution. The Resolution is | 16 |
| adopted if it receives the affirmative vote of at least | 17 |
| two-thirds of the members elected. | 18 |
| Redistricting plans may not be amended by either chamber. | 19 |
| An adopted redistricting resolution shall be filed with the | 20 |
| Secretary of State by the presiding officer of the chamber that | 21 |
| initiated the resolution. Each chamber shall have until the | 22 |
| first Monday in June to file a resolution with the Secretary of | 23 |
| State approving the redistricting plan. | 24 |
| (d) If a plan is not adopted by a chamber of the General | 25 |
| Assembly, the Commission shall approve an alternative | 26 |
| redistricting plan no later than third Monday in June, and the |
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| Chair of the Commission shall deliver that plan to the | 2 |
| appropriate chamber of the General Assembly on the third | 3 |
| business day after approval. The appropriate chamber of the | 4 |
| General Assembly shall approve or reject that plan in the same | 5 |
| manner established by subsection (c). Each chamber shall have | 6 |
| until the first Monday in July to file a resolution with the | 7 |
| Secretary of State approving the alternative redistricting | 8 |
| plan. | 9 |
| (e) If a plan is not approved by a chamber of the General | 10 |
| Assembly by the first Monday in July, the Commission shall | 11 |
| approve by a majority one of the two previous plans submitted | 12 |
| to the appropriate chamber of the General Assembly under | 13 |
| subsections (c) and (d). The Chair of the Commission shall file | 14 |
| the approved redistricting plan for the appropriate chamber | 15 |
| with the Secretary of State not later than the third Monday in | 16 |
| July. | 17 |
| (f) If at any time the Temporary Redistricting Advisory | 18 |
| Commission fails to meet one of the deadlines set forth herein, | 19 |
| the Chief Justice of the Supreme Court and a Supreme Court | 20 |
| Judge chosen by the Judges of the Supreme Court who are not of | 21 |
| the political party of the Chief Justice shall within ten days | 22 |
| jointly appoint and certify to the Secretary of State one | 23 |
| person to act as Special Master to generate any maps not | 24 |
| previously approved. No person may serve as Special Master who | 25 |
| is not eligible to serve on the Temporary Redistricting | 26 |
| Advisory Commission. A person who serves as Special Master is |
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| not eligible to be elected to the General Assembly or appointed | 2 |
| to any office that is subject to confirmation by the Senate for | 3 |
| ten years after completion of service as a Special Master. A | 4 |
| Special Master shall consider all redistricting plans | 5 |
| delivered by or submitted to the Temporary Redistricting | 6 |
| Advisory Commission, the Senate, or the House as applicable. | 7 |
| The Special Master shall have authority to hire independent | 8 |
| assistance, make available the data received from the United | 9 |
| States Census Bureau, together with redistricting software, to | 10 |
| the public within three days of receipt unless the Temporary | 11 |
| Redistricting Advisory Commission has already done so; shall | 12 |
| conduct at least five public hearings on separate days around | 13 |
| five distinct geographic regions of the State after receipt of | 14 |
| the data from the United States Census Bureau and before | 15 |
| promulgating any preliminary redistricting plans, and shall | 16 |
| hold at least three public hearings on separate days around | 17 |
| three distinct geographic regions of the State after | 18 |
| promulgating any preliminary redistricting plans and before | 19 |
| finalizing any plan or plans. All documents submitted to or | 20 |
| utilized by the Special Master shall be made available to the | 21 |
| public within a reasonable amount of time. The Special Master | 22 |
| shall file a redistricting plan complying with the criteria set | 23 |
| forth in subsection 3(b) for the Legislative Districts and | 24 |
| Representative Districts, as applicable, with the Secretary of | 25 |
| State not later than September 30. | 26 |
| (a) Legislative Districts shall be compact, contiguous and
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| substantially equal in population. Representative Districts | 2 |
| shall be compact,
contiguous, and substantially equal in | 3 |
| population.
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| (b) In the year following each Federal decennial census | 5 |
| year, the
General Assembly by law shall redistrict the | 6 |
| Legislative Districts and the
Representative Districts.
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| If no redistricting plan becomes effective by June 30 of | 8 |
| that year, a
Legislative Redistricting Commission shall be | 9 |
| constituted not later than
July 10. The Commission shall | 10 |
| consist of eight members, no more than
four of whom shall be | 11 |
| members of the same political party.
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| The Speaker and Minority Leader of the House of | 13 |
| Representatives shall
each appoint to the Commission one | 14 |
| Representative and one person who is
not a member of the | 15 |
| General Assembly. The President and Minority Leader
of the | 16 |
| Senate shall each appoint to the Commission one Senator and one
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| person who is not a member of the General Assembly.
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| The members shall be certified to the Secretary of State by | 19 |
| the
appointing authorities. A vacancy on the Commission shall | 20 |
| be filled
within five days by the authority that made the | 21 |
| original appointment. A
Chairman and Vice Chairman shall be | 22 |
| chosen by a majority of all members
of the Commission.
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| Not later than August 10, the Commission shall file with | 24 |
| the
Secretary of State a redistricting plan approved by at | 25 |
| least five
members.
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| If the Commission fails to file an approved redistricting |
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| plan, the
Supreme Court shall submit the names of two persons, | 2 |
| not of the same
political party, to the Secretary of State not | 3 |
| later than September 1.
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| Not later than September 5, the Secretary of State publicly | 5 |
| shall
draw by random selection the name of one of the two | 6 |
| persons to serve as
the ninth member of the Commission.
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| Not later than October 5, the Commission shall file with | 8 |
| the
Secretary of State a redistricting plan approved by at | 9 |
| least five
members.
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| (g) A An approved redistricting resolution or | 11 |
| redistricting plan filed with the Secretary of State
shall be | 12 |
| presumed valid, shall have the force and effect of law and
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| shall be published promptly by the Secretary of State.
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| The Supreme Court shall have original and exclusive | 15 |
| jurisdiction over
actions concerning redistricting the House | 16 |
| and Senate, which shall be
initiated in the name of the People | 17 |
| of the State by the Attorney
General.
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| (Source: Amendment adopted at general election November 4, | 19 |
| 1980.)
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| SCHEDULE
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| The State Board of Elections shall proceed, as soon as all | 22 |
| the returns are received but no later than 31 days after the | 23 |
| election, to canvass the votes given for and against this | 24 |
| Constitutional Amendment, as shown by the abstracts of votes | 25 |
| cast. If this Constitutional Amendment is approved by either |
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| three-fifths of those voting on the question or a majority of | 2 |
| those voting in the election, then the State Board of Elections | 3 |
| shall declare the adoption of this Constitutional Amendment and | 4 |
| it shall, upon declaration of its adoption, take effect and | 5 |
| become a part of the Constitution of this State. This Schedule | 6 |
| supersedes and applies notwithstanding any statute to the | 7 |
| contrary, and no other requirements, including without | 8 |
| limitation proclamation of the results of the vote or notice by | 9 |
| publication, are necessary for its effectiveness. This | 10 |
| Constitutional Amendment applies to redistricting beginning in | 11 |
| 2011 for the election of members of the General Assembly | 12 |
| beginning in 2012.". |
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