HC0058 99TH GENERAL ASSEMBLY

LRB099 21449 JWD 47536 e

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0058

Introduced , by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

ILCON Art. IV, Sec. 2

ILCON Art. IV, Sec. 3

Proposes to amend the Legislature Article of the Illinois Constitution. Provides that the boundaries of Legislative and Representative districts may be separate. Requires that both types of districts, in addition to being compact, contiguous, and substantially equal in population, must reflect minority voting strengths, promote competition, and consider political boundaries. Replaces the current method of redistricting of the Senate and House of Representatives with the following: an 8-member Independent Redistricting Commission, appointed by the Chief Justice and the most senior Justice of the Supreme Court who is not affiliated with the same political party as the Chief Justice, shall hold at least 15 public hearings throughout the State before adopting any redistricting plan; requires the Commission to adopt a report explaining the compliance of the proposed redistricting plan with the U.S. and Illinois Constitutions; and provides for the Chief Justice of the Supreme Court and the most senior Justice of the Supreme Court who is not affiliated with the same political party as the Chief Justice to appoint a ninth member to the Commission, if the Commission fails to adopt and file a redistricting plan by the required date. Specifies the schedule for redistricting activities. Effective upon being declared adopted and applicable to redistricting beginning in 2021 and to the election of General Assembly members beginning in 2022.

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Article IV of the Illinois Constitution by changing Sections 2 and 3 as follows:

ARTICLE IV

THE LEGISLATURE

(ILCON Art. IV, Sec. 2)

SECTION 2. LEGISLATIVE COMPOSITION

(a) One Senator shall be elected from each Legislative District. Immediately following each decennial redistricting, the General Assembly by law shall divide the Legislative Districts as equally as possible into three groups. Senators from one group shall be elected for terms of four years, four years and two years; Senators from the second group, for terms of four years, two years and four years; and Senators from the third group, for terms of two years, four years and four years. The Legislative Districts in each group shall be distributed substantially equally over the State.

(b) Each Legislative District shall be divided into two Representative Districts. In 1982 and every two years thereafter one Representative shall be elected from each Representative District for a term of two years.

(c) To be eligible to serve as a member of the General Assembly, a person must be a United States citizen, at least 21 years old, and for the two years preceding his election or appointment a resident of the district which he is to represent. In the general election following a redistricting, a candidate for the General Assembly may be elected from any district which contains a part of the district in which he resided at the time of the redistricting and reelected if a resident of the new district he represents for 18 months prior to reelection.

(d) Within thirty days after a vacancy occurs, it shall be filled by appointment as provided by law. If the vacancy is in a Senatorial office with more than twenty-eight months remaining in the term, the appointed Senator shall serve until the next general election, at which time a Senator shall be elected to serve for the remainder of the term. If the vacancy is in a Representative office or in any other Senatorial office, the appointment shall be for the remainder of the term. An appointee to fill a vacancy shall be a member of the same political party as the person he succeeds.

(e) No member of the General Assembly shall receive compensation as a public officer or employee from any other governmental entity for time during which he is in attendance as a member of the General Assembly.

No member of the General Assembly during the term for which he was elected or appointed shall be appointed to a public office which shall have been created or the compensation for which shall have been increased by the General Assembly during that term.

(Source: Amendment adopted at general election November 4, 1980.)

(ILCON Art. IV, Sec. 3)

SECTION 3. LEGISLATIVE REDISTRICTING

(a) Legislative Districts and Representative Districts shall each, in order of priority, be substantially equal in population; provide racial minorities and language minorities with the equal opportunity to participate in the political process and elect candidates of their choice; provide racial minorities and language minorities who constitute less than a voting-age majority of a District with an opportunity to substantially influence the outcome of an election; be contiguous; be compact; respect, to the extent practical, geographic integrity of units of local government; respect, to the extent practical, communities sharing common social or economic interests; and not discriminate against or in favor of any political party or individual.

(b) No later than June 30 of the year in which each Federal decennial census occurs, the Chief Justice and the most senior Justice of the Supreme Court who is not affiliated with the same political party as the Chief Justice shall select eight commissioners to an Independent Redistricting Commission. Commissioners must reflect the ethnic, gender, and racial demographics of Illinois, and there must be at least one commissioner from each Judicial District.

(c) A person is ineligible to serve on the Commission if within the previous four calendar years the person or his or her spouse was appointed or elected to a position with the State or local government, a State employee, a lobbyist as defined by law, a person with an ownership interest in an entity with a state contract, or appointed or elected to serve a political party. A commissioner is ineligible for a period of ten years to serve in the General Assembly or to be appointed to a position subject to Senate confirmation. Commissioners must file financial disclosure statements and abide by any ethics requirements established by law.

(d) The Commission shall act in public meetings by affirmative vote of five commissioners. The Commission shall elect its chairperson and vice chairperson, who shall not be affiliated with the same political party. All meetings of the Commission shall be open to the public and publicly noticed at least two days prior to the meeting. All records of the Commission, including all communications to or from the Commission regarding the work of the Commission, shall be available for public inspection. The Commission shall adopt rules governing its procedures.

(e) The Commission shall hold at least fifteen public hearings throughout the State before adopting any redistricting plan, with a majority occurring before the Commission releases any proposed redistricting plan. The Commission may not adopt a redistricting plan until the Commission adopts a report explaining its compliance with the United States and Illinois Constitutions.

(f) The Commission shall adopt and file with the Secretary of State a redistricting plan for the Legislative Districts and Representative Districts by June 30 of the year following the Federal decennial census. The Commission may adopt separate redistricting plans for the Legislative Districts and the Representative Districts.

(g) If the Commission fails to adopt and file a redistricting plan by July 1 of the year following a Federal decennial census, the Chief Justice of the Supreme Court and the most senior Justice of the Supreme Court who is not affiliated with the same political party as the Chief Justice shall appoint a ninth member to the Commission. The nine-member Commission shall adopt and file with the Secretary of State a redistricting plan for the Legislative Districts and Representative Districts by August 1 of the year following the Federal decennial census.

(h) A redistricting plan filed with the Secretary of State shall be presumed valid and shall be published promptly by the Secretary of State.

(i) The Supreme Court shall have original and exclusive jurisdiction over actions concerning redistricting the House and Senate, which shall be initiated in the name of the People of the State by the Attorney General.

(a) Legislative Districts shall be compact, contiguous and substantially equal in population. Representative Districts shall be compact, contiguous, and substantially equal in population.

(b) In the year following each Federal decennial census year, the General Assembly by law shall redistrict the Legislative Districts and the Representative Districts.

If no redistricting plan becomes effective by June 30 of that year, a Legislative Redistricting Commission shall be constituted not later than July 10. The Commission shall consist of eight members, no more than four of whom shall be members of the same political party.

The Speaker and Minority Leader of the House of Representatives shall each appoint to the Commission one Representative and one person who is not a member of the General Assembly. The President and Minority Leader of the Senate shall each appoint to the Commission one Senator and one person who is not a member of the General Assembly.

The members shall be certified to the Secretary of State by the appointing authorities. A vacancy on the Commission shall be filled within five days by the authority that made the original appointment. A Chairman and Vice Chairman shall be chosen by a majority of all members of the Commission.

Not later than August 10, the Commission shall file with the Secretary of State a redistricting plan approved by at least five members.

If the Commission fails to file an approved redistricting plan, the Supreme Court shall submit the names of two persons, not of the same political party, to the Secretary of State not later than September 1.

Not later than September 5, the Secretary of State publicly shall draw by random selection the name of one of the two persons to serve as the ninth member of the Commission.

Not later than October 5, the Commission shall file with the Secretary of State a redistricting plan approved by at least five members.

An approved redistricting plan filed with the Secretary of State shall be presumed valid, shall have the force and effect of law and shall be published promptly by the Secretary of State.

The Supreme Court shall have original and exclusive jurisdiction over actions concerning redistricting the House and Senate, which shall be initiated in the name of the People of the State by the Attorney General.

(Source: Amendment adopted at general election November 4, 1980.)

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act and applies to redistricting beginning in 2021 and to the election of General Assembly members beginning in 2022.